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HomeMy WebLinkAbout1979 Resolution BookBOOK 53 1979 Resolutions #1 PAGE RES. # RES. TITLE DATE 1 1 Approving Class B Beer Permit Appl. - Beka, Ltd., dba 1/9/79 Happy Joe's Pizza & Ice Cream Parlor, 805 - First Ave. 2 2 Approving Class B Beer Sunday Permit Appl. - Beka, Ltd. dba Happy Joe's Pizza & Ice Cream Parlor, 805 - First Ave. 3 3 Approving Class C Beer Permit Appl. - Clyde R. Seaton dba/ Seaton's Cash & Carry Market, 1331 Muscatine Ave. 4 4 Accepting Sewer Improvements in the Eastdale Mall Subdivision (Suzberger Excavating Inc. of Muscatine) 5 5 Accepting Paving and Sewer Improvements in Court Hill/Scott Blvd. Addn., Part 4 6 6 Accepting Lift Station in Village Green South (Dave Schmitt Const. Co., Cedar Rapids) y 7-13 7 Authorizing Execution of Lift Station and Access Easement Agreement (Iowa City Development Co.) 14-16 8 Annexing Certain Described Real Estate to the City of Iowa City (Ty'n Cae - east of Mormon Trek and south of City limits) 17 9 Authorizing the Mayor to Sign and the City Clerk to Attest an Agreement Whereby the City of Iowa City Agrees to Convey a Scenic Easement over the Capitol St. Right-of-way between the Northerly Line of Court St. and the Northerly Line of the Rock Island Right -of -Way and to Vacate and Convey to the University of Iowa Harrison St. between Capitol St. and Madison Streets 18-19 10 Approving Prel. and Final Large -Scale Non -Residential Develop- ment for Old Capitol Center 20-21 11 Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction of the Governor Street Bridge Project 22-36 12 Authorizing Execution of Agreement withStanley Consultants (for North Branch of Ralston Creek) 37 13 Adopting a New Schedule of Fees for Water Main Installation 38-50 14 Authorizing Execution of Amendment to Contract for Technical Services with Veenstra & Kirton 51-52 15 Approving the Prel. Design Plans for Redevelopment on Urban Renewal Parcels 102-3, 4 (First Federal Savings & Loan of Iowa City) 53 16 Authorizing the City Manager or His/Her Designee to Settle Claims up to $3,000 54 17 Authorizing Certain City Employees to Execute Claim Releases J 55-58 18 Authorizing the City Manager of Iowa City to Offer a Cable J' Television Franchise to Hawkeye Cablevision Corp. [: Elm BOOK 53 1979 Resolutions 19 - 36 PAGE RES. # RES. TITLE DATE 59 19 Resolution to Issue Cigarette Permits - O'Brien's & 1/17/79 Elks Club 60 20 Res. Accepting Paving & Storm Sewer for Lots 3-18 of Re- subdivision of Lot 30, Conway's Subdivision 61 21 Accepting Preliminary Planned Area Development and Plat of Court Hill -Scott Boulevard, Part 7 62-63 22 Declaring that Public Convenience and Necessity Requires Issuance of Certain Taxi -Cab Certificates 64 23 Authorizing Execution of Contract to Purchase Land - Aurelia Solnar 65 24 Res. Approving Class C Liquor Control License Appl. - 1/23/79 Jirsa-Lovetinsky, Ltd. dba/Moody Blue, 1200 S. Gilbert Ct. 66 25 Res. Approving class B Beer Permit Appl. - QuikTrip Corp. dba/QuikTrip #509, 225 S. Gilbert 67 26 Res. Approving class C Beer Sunday Permit Appl. - QuikTrip Corp. dba/QuikTrip #509, 225 S. Gilbert 68 27 Res. to Issue Cigarette Permit - Hawkeye Amusement Co. dba/ Smith & Co., 1210 Highland Ct. 69 28 Res. Accepting Prel. Plat of Regency Gardens, Part One 70-71 29 Res. Approving Prel. and Final Large Scale ,:Non -Residential Development for BDI, First Addition, Lot 2 (Bywater) 72-73 30 Res. Approving Final Plat of Meadeville Subdivision (by MSS, Ltd.) 74-76 31 Res. Authorizing Execution of Amendment to Agreement for FAUS Project (Construction Costs) 77-79 32 Res. Authorizing Execution of Amendment to Agreement for FAUS Project (R -O -W Acquisition) 80 33 Res. Authorizing Filing of a Community Development Block Grant/ Small Cities Program Pre -Application in the Amount of $530,000 Under the Housing and Community Development Act of 1974, as Amended Including All Understandings and Assurances Contained Therein and Designating the City Manaager as the Authorized Chief Executive Officer for the Grant 81-86 34 Res. Authorizing the Mayor to Execute and the City Clerk to Attest an Agreement Pursuant to S 13(c) of the Urban Mass Transportation Act of 1964, As Amended, between the City of Iowa City, Lead Agency, and the American Federation of State, County and Municipal Employees, AFL-CIO, Local 183 and Local 12, the Union 87 35 Res. Approving Class C Liquor Control License for Bushnell's Turtle, Inc. dba/Bushnell's Turtle, 127 College St. 88 36 Res. Approving Class C Liquor Control License Application for Lorna K. Smith dba/Smith & Co., 1210 Highland Ct. 1 30 N BOOK 53 1979 Resolutions 37 - 54 PAGE RES. # RES. TITLE DATE 89 37 Res. Accepting Work as Done by Paulson Construction 1/30/79 for Construction of Projects for Architectural Barriers 90 38 Res. Awarding Contract for Construction of the Governor St. Bridge Project 91 39 Res. Author. Application for 50 Family Units Under Section 8 Existing Housing Program & Requesting Funds 92-93 40 Prel. Res. for the Construction of Street Improvements in City of Iowa City (Tanglewood/ Ventura Assessment) 94 41 Res. Fixing Value of Lots (Tanglewood/Ventura) 95-96 42 Res. Adopting Prel. Plat & Schedule, Est. of Cost & Proposed Plans & Specs. for Constr. of 1979 Street Improvements (Tanglewood/Ventura) 97-101 43 Res. of Necessity (Tanglewood/Ventura) 102 44 Res. to Issue Dancing Permit to Lorna K. Smith 2/6/79 dba Smith and Company, 1210 Highland Court 703 45 Res. to Refund Beer Permit, to Friday's Corp. dba T.G.I. Friday's, 11 South Dubuque 104 46 Res. Setting Public Hearing on Budget Estimate for the Fiscal Year July 1, 1979, through June 30, 1980 105 47 Res. Accepting Prel. Plat of Village Green, Part 10 106 48 Res. Approving Class B Beer Permit Appl. for Jose 2/13/79 M. Elizondo dba E1 Fronterizo, 1200 S. Gilbert Ct. 107 49 Res. Approving Class B Beer Sunday Permit Appl. for Jose M. Elizondo dba E1 Fronterizo, 1200 S. Gilbert Ct. 108 50 Res. Approving Class C Beer Permit Appl. - Krause Gentle Oil Corp. dba Iowa City Sav-Mor Kerr-McGee Stationstore, 1104 S. Gilbert St. 109 51 Res. Approving Class C Beer Sunday Permit Appl. - Krause Gentle Oil Corp. dba Iowa City Sav-Mor Kerr- McGee Stationstore, 1104 South Gilbert St. 110 52 Res. Approving Class C Beer Permit Appl. - Cedar Falls Oil Co. dba Holiday Stationstore, Highway 6 and Rocky Shore Dr. 111 53 Res. Approving Class C Beer Sunday Permit Appl. - Cedar Falls Oil Co. dba Holiday Stationstore, Hwy. 6 and Rocky Shore Dr. 112 54 Res. Approving Class C Liquor Control License Appl. - Ambrose-Lovetinsky, Inc. dba Woodfields, 223 1/2 E. Washington St. BOOK 53 1979 Resolutions 55 - 70 PAGE RES. # RES. TITLE DATE 113 55 Res. to Issue Dancing Permit - Ambrose-Lovetinsky, 2/13/79 Inc. dba Woodfieldt, 223 1/2 Washington St. 114 56 Res. to Issue Dancing Permit - Grand Daddy's of Iowa City, Inc. dba Grand Daddy's, 505 E. Burlington 115 57 Res. to Issue Cigarette Permits - Sinclair Marketing, 731 S. Riverside Dr. 116 58 Res. Approving Class C Liquor Control License Appl. - Grand Daddy's of Iowa City, Inc. dba Grand Daddy's, 505 E. Burlington 117 59 Res. to Issue Dancing Permit - Jirsa-Lovetinsky Ltd. dba Moody Blue, 1200 S. Gilbert Ct. 118 60 Res. Amending the Classification Plan for Classified Personnel by Adding and Re -Establishing Positions - Maintenance Worker, Cemetery Division 119 61 Res. Amending Budget Authorization Resolution No. 78-128 for the Parks and Recreation Dept., Cemetery Division 120 62 Res. Authorizing Filing of a Community Development Block Grant Appl. in the Amount of $935,500 under the Housing and Community Development Act of 1974, indlud- ing all Understandings and Assurances Contained Therein and Designating the City Manager as the Author- ized Chief Executive Officer for the Grant 121 63 Res. Approving Class C Liquor Control License - W. Marcus Hansen dba Gilbert StreetTap, 1134 S. Gilbert St. 122 64 Res. Approving Class B Beer Permit Appl. - Edna Eldeen dba Hilltop Tavern, 1100 North Dodge St. 123 65 Res. Approving Class C Beer Permit Appl. - Lucky Stores, Inc. dba Eagle Discount Supermarket #157, 600 N. Dodge St. 124 66 Res. of Approval of Class C Beer Sunday Permit Appl. - Lucky Stores, Inc. dba Eagle Discount Supermarket #157, 600 N. Dodge St. 125 67 Res. Approving Class C Beer permit Appl. - Lucky Stores, Inc. dba Eagle Discount Supermarket #220, 1101 S. Riverside Dr. 126 68 Res. Approving Class C Beer Sunday Permit Appl. - Lucky Stores, Inc. dba Eagle Discount Supermarket #220, 1101 S. Riverside Dr. 127 69 Res. of Approval of Class C Beer Permit Appl. - Lucky Stores, Inc. dba May's Drug Store #198, 1101 S. Riverside Dr. 128 70 Res. Approving Class C Beer Sunday Permit Appl. - Lucky Stores, Inc. dba May's Drug Store #198, 1101 S. Riverside Dr. .2/20/79 BOOK 53 1979 Resolutions 71 - 91 PAGE RES. # RES. TITLE DATE 129 71 Res. Setting Public Hearing on Amending the FY79 2/20/79 Budget Ending June 30, 1979 130 -131 72 Res. Approving Preliminary Large Scale Residential Development for the Westwinds (Windshire) 132 -133 73 Res. Approving the Preliminary Design Plans for Redevelopment on Urban Renewal Parcels(s) 93-1/101-2 134-135 74 Res. Providing for the Operation of an Open Parking Structure in Iowa City 136-145 75 Res. Authorizing Execution of Agreement with Charles J. R. McClure & Associates (HVAC in Civic Center) 146-151 76 Res. Authorizing Execution of Agreement with Hy -Vee Food Stores, Inc., Mary L. Boyd and Frieda L. Rummelhart and the I.D.O.T. (construction of a special public road connection to U. S. Highway 6 152-153 77 Res. Authorizing Mayor to Sign a Right -of -Way Assurance Statement for Federal Aid Projects 154 78 Res. Approving Class C Liquor Control License Appl. - 2/27/79 Philip J. Dunton dba The Greenery, 11 S. Dubuque 155 79 Res. to Issue Cigarette Permit - R. R. Shank dba Towncrest Texaco, 2303 Muscatine Ave. 156 80 Res. to Refund Beer Permit - Don -Jay Services, Inc. dba Downtowner.Conoco, 105 East Burlington St. 157 81 Res. to Refund Cigarette Permit to Don -Jay Services, Inc. dba Downtowner Conoco, 105 E. Burlington 158-162 82 Res. Approving Final Plat - Woodland Hills Part II, Johnson County 163-164 83 Res. Declaring that Public Convenience and Necessity Requires Issuance of Certain Taxi -Cab Certificates 165-166 84 Res. Declaring that Public Convenience and Necessity Requires Issuance of Certain Taxi -Cab Certificates 167-168 85 Res. Establishing Mechanical Permit Fees for the Uniform Mechanical Code of the City of Iowa City 169-171 86 Res. Establishing Building Permit Fees for the Uniform Building Code of the City of Iowa City 172-173 87 Res. Establishing Examination Fees and Electrician's Licensing Fees for the Iowa City Electrical Code 174-175 88 Res. Establishing Plumbing Permit Fees for the Uniform Plumbing Code of the City of Iowa City 176 89 Res. Establishing Sign Permit and Fence Permit Fees for the Iowa City Zoning Code of the City of Iowa City 177-204 90 Res. Authorizing Agreement Between the City of Iowa City and The Iowa City Police Patrolmen's Assn. to be Effective July 1, 1979 through June 30, 1980 205-226 91 Res. Authorizing Agreement between the City of Iowa City and the Iowa City Assn. of Professional Fire Fighters, IAFF, AFL-CIO, Local #610, to be Effective July 1, 1979, through june 30, 1980 BOOK 54 1979 Resolutions 92 - 112 PAGE RES. # RES. TITLE DATE 227 92 Res. of Commendation - Richard Lumsden 3/6/79 228 93 Res. Approving Class B Beer Permit Appl. - E.J. Corp. Inc. dba Iowa City Racquet Club, I-80 & No. Dodge 229 94 Res. Approving Class B Beer Sunday Permit Appl. - E.J. Corp., Inc. dba Iowa City Racquet Club 230 95 Res. Approving Class C Liquor Control License Appl. - Michael R. Hanrahan dba St. Michael's Saloon, 800 South Dubuque 231 96 Res. Setting Public Hearing on Amending the FY79 Budget Ending June 30, 1979 232-379 97 Res. Authorizing the Filing of an Applicaiton with the Dept. of Transportation, U.S.A., for a Grant Under the Urban Mass Transportation Act of 1964, as Amended 380-381 98 Res. Adopting the Annual Budget for the Fiscal Year Ending June 30, 1980 382 99 Res. Authorizing the Staff to Initiate Land Acquisition Procedures for the South Branch Ralston Creek Storm - water Detention Project 383-398 100 Res. Authorizing Execution of Contract with Shive- Hattery for soil testing services and surveying services 399-404 101 Res. Authorizing Execution of Railroad Crossing Agreement with CRI & P Railroad (intersection of Benton & Capitol) 405 102 Res. Approving Class C Liquor Control License Appl. - 3/13/79 B.P.O. Elks #590, 637 Foster Road 406 103 Res. Approving Class C Liquor Sunday Permit Appl. - B.P.O. Elks #590, 637 Foster Road 407 104 Res. Approving Class C Liquor Control License Appl. - Rugger -Burns Restaurant, Inc. dba Gringo's, 115 E. College 408 105 Res. Approving Class C Liquor Sunday Permit Appl. - Rugger -Burns Restaurant, Inc. dba Gringo's, 115 E. College 409 106 Res. Approving Class C Liquor Control License APPL. - Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 North Linn 410 107 Res. Approving Class C Liquor Sunday Permit Appl. - Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 N. Linn 411 108 Res. to Refund Cigarette Permit to Dennis Ellis dba O'Brien's, 119 Iowa Ave. 412 109 Res. Approving Class B Beer Permit Appl. - Taco Grande of Southeast Iowa, Inc. dba Taco Grande, 331 E. Market St. 413 110 Res. Approving Class B Beer Sunday Permit Appl. - Taco Grande of Southeast Iowa dba Taco Grande, 331 E. Market 414 111 Res. Approving Class C Liquor Control License Appl. - Magoo's Inc. dba Magoo's, 206 North Linn St. 415 112 Res. Setting a Public Hearing on a Proposal to Sell an Interest in Real Property - Scenic easement over the Capitol St. right-of-way BOOK 54 1979 Resolutions 113 PAGE RES. # RES. TITLE DATE 416 113 Res. Setting a Public Hearing on a Proposal to Sell 3/13/79 Property - Harrison St. from Capitol St. to Madison 417-418 114 Res. Approving Final Plat of Lyn -Den Heights Subdi- vision Part Two 419-423 115 Res. Authorizing the Sale of Real Property to the Ecumenical Housing Corp. 424 -425 116 Res. Authorizing Execution of Amendment to an Agreement with Shive-Hattery & Assoc. 426-427 117 Res. Establishing Fees for Services Performed by the Office of City Clerk 428 118 Res. Designating the location of the Offical Bulletin Board for Posting Notice of, and Tentative Agenda for, All Meetings of the City Council, Any Committee of the Council or Committee Created by the Council, and any Board or Commission Created by the Council, Except the Iowa City Municipal Airport Commission and the Iowa City Library Board of Trustees r BOOK 55 1979 Resolutions PAGE RES. # RES. TITLE DATE 429 119 Res. Approving Class C Liquor Control License Appl. 3/20/79 Harold G. & Delight M. Frantz dba Hal & Dee's, 800 S. Dubuque St. 430 120 Res. Approving Class C Beer Permit Appl. - Drug Fair, Inc. dba Drug Fair, 121 E. Washington St. 431 121 Res. Setting Public Hearing on Plans, Specs., Form of Contract, and Estimate of Cost for the Construction of the Service Building Modular Unit Roof Repair Project (Phase II) 432-433 122 Res. Authorizing the City Clerk to Set a Public Hearing on Whether a Beer and Liquor License Issued to the Copper Dollar of Iowa City, Inc. dba Copper Dollar Should Be Revoked or Suspended for Violations of Liquor Regula- tions of the Iowa City Municipal Code and The Code of Iowa 434-437 123 Res. Fixing Date for a Meeting on the Proposition of the Issuance of$2,000,000 General Obligation Bonds (for an Essential Corporate Purpose) of Iowa City and Providing for Publication of Notice Thereof 438-440 124 Res. Approving Final Plat for Village Green South, Part 2 441-443 125 Res. to Sell Real Property (Harrison St. from Capitol to Madison St.) 444-446 126 Res. to Sell an Interest in Real Property (scenic ease- ment over the Capitol St. right-of-way) 447-448 127 Res. Approving the Preliminary Design Plans for Redevelop- ment on Urban Renewal Parcel 93-3 449 128 Res. Authorizing the Staff to Initiate Land Acquistion Procedures for the South Gilbert St. Project 450 129 Res. Amending Budget Authorization Resolution No. 78-128 for the Public Works Dept., Equipment Division 451-453 130 Res. Authorizing Execution of a`Contract between John R. Suchomel and the City of Iowa City, for Street, Sidewalk and Alley Cleanup in the Downtown Iowa City Area 454-456 131 Res. Authorizing the Execution of Agreement with the Johnson County/Municipal Civil Defense Agency 457 132 Res. to Issue Cigarette Permits - Lon's Gas and Grocery, 3/27/79 105 E. Burlington 458-461 133 Res. Instituting Proceedings to Take Additional Action for the Issuance of $2,000,000 General Obligation Bonds 462-466 134 Res. Directing the Advertisement for Sale of $5,500,000 General Obligation Bonds 467 135 Res. Imposing Weight Restrictions Upon Vehicles Traveling Rohret Road 468-469 136 Res. Awarding Bids for Senior Center Furniture to be Acquired with Funding Available Under Title V of the Older Americans Act of 1965 470-471 137 Res. Amending the Current Budget for the Fiscal Year Ending June 30, 1979 BOOK 55 1979 Resolutions #138 - 156 PAGE 472 473 474 475 476 477-479 480-481 482-490 491-499 500-524 525 526 527 528-530 531-537 538- 539-542 RES. # RES. TITLE DATE 138 Approving Class C Liquor Control License Appl. - 4/3/79 Towncrest Inn, Ltd., 1011 Arthur St. 139 Approving Class C Liquor Sunday Permit Appl. - Towncrest Inn, Ltd., 1011 Arthur St. 140 Res. to Refund a Portion of Class C Liquor License Fee - Michael R. Hanrahan dba St. Michael's Saloon, 800 South Dubuque 141 Res. Approving Class C Liquor Control License Appl. - Knights of Columbus Bldg. Assoc., Inc., 328 East Washington St. 142 Res. to Issue Dancing Permit - Knights of Columbus Building Assoc., Inc. 328 E. Washington St. 143 Res. Approving Preliminary and Final Large Scale Non -Residential Development for Owens Brush Co. 144 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction of Service Building Modular Unit Roof Repair, Phase 2 145 Res. Authorizing Execution of Contract with Robert Burns and Assoc. for Architectural Engineering Services 146 Res. Certifying Unpaid Water Charges to County Auditor for Collection in the Same Manner as a Property Tax 147 Res. Authorizing the Mayor to Execute an Application for a State Transit Assistance Capital and Operating Grant from the Iowa State Department of Transportation 148 Res. Authorizing the City of Iowa City to Pursue a Housing Rehabilitation Program 149 Res. Setting Public Hearing on Plans, Specifications 4/10/79 Form of Contract, and Estimate of Cost for Construction of Service Building Sanitary Sewer Extension, 1979. 150 Res. Naming Depositories 151 Res. Approving Preliminary & Final Large Scale Non - Residential Development for American College Testing Processing Facility 152 Res. Authorizing the Mayor To Execute Amendments 1 & 2 to the Agreement with Wehner, Nowysz, Pattschull & Pfiffner, a Partnership, to Provide Architectural Services for the Adaptive Reuse of the Old Post Office To Serve as a Senior Center for Iowa City, Iowa. 153 Res. Approving Transfer of Interest & Increased Capit- alization Proposed by Capitol States Associates 154 Res. Authorizing Mayor & Clerk tofxecute an Amendment To hR Real Estate Contract between the City of Iowa City & the Ecumenical Housing Corporation. 543-545 155 Res. Directing Sale of $5,500,000 General Obligation 4/17/79 Bonds. 1:00 P.M. 546 156 Res. Approving Class C Liquor Control License - 4/17/79 Kenneth R. O'Donnell dba Lamplighter II, 1310 7:30 P.M. Highland Court BOOK 55 1979 Resolutions #157 - 175 PAGE RES. # RES. TITLE DATE 547 157 Res. to Issue Cigarette Permit - Regal Vending 4/17/79 dba/Lamplighter II, 1310 Highland Ct. 548-552 158 Res. Authorizing Mayor and Clerk to Execute an Agreement with Bill Mihalopoulos, Best Steak House, regarding the Construction and Maintenance of Sidewalk Vaults 553-556 159 Res. Rescinding Res. No. 79-154 and Authorizing the Mayor and City Clerk to Execute an Amendment to the Real Estate Contract Between the City of Iowa City and the Ecumenical Housing Corp. 557 160 Resolution Engaging Auditor for Year Ending 6/30/79 558-559 161 Res. Authorizing the Execution of an Agreement to Sell - Clinton Street Modular Units to West Branch Community Schools 560-565 162 Res. Authorizing the Mayor to Sign and the City Clerk to Attest an Agrement with a Better Cab Co. to Pro- vide Subsidized Cab Service 566-567 163 Res. Approving Plans, Specifications, Form of Con- tract, and Estimate of Cost for the Construction of Boyrum St. Connection 568 164 Res. Approving Class A Liquor Control License Appl. 4/24/79 for Leroy E. Weekes Post 3949 V.F.W.,Highway 6 E. 569 165 Res. Approving Class A Liquor Sunday Permit Appl. for Leroy E. Weeks Post 3949 V.F.W., Highway 6 E. 570 166 Res. Approving class C Liquor Control License Appl. for Pershell Corp. dba Colonial Bowlin g Lanes, 2252 Highway 218 South 571 167 Res. Approving Class C Liquor Sunday Permit Appl. for Pershell Corp. dba Colonial Bowling Lanes, 2252 Highway 218 South 572 168 Res. Approving Class C Beer Permit Appl. - Ware & McDonald Oil Co. dba/Wareco, 828 S. Dubuque St. 573 169 Res. Aprpoving Class C Beer Sunday Permit Appl. - Ware & McDonald Oil Co. Dba Wareco, 828 S. Dubuque 574 170 Res. to Issue Dancing Permit - B.P.O. Elks #590, 637 Foster Road 575 171 Res. to Refund Beer Permit - Beka Ltd. dba/Happy Joe's Pizza & Ice Cream Parlor, 805 - 1st Ave. 576 172 Res. to Issue Cigarette Permits - Donutland, Inc. dba/Donutland #41, 817 S. Riverside Drive 577 173 Res. Approving Class B Beer Permit Appl. - Four Cushions, Inc. dba/Control Tower, 18-20 S. Clinton 578-585 174 Res. Approving Amended Final Large Scale Residential Development Plan of Lots 3 and 4 of The Westwinds 586 175 Res. Accepting Preliminary Plat of Moreland Subdivision BOOK 55 1979 Resolutions 176 - 181 PAGE RES. # RES. TITLE DATE 587-588 176 Res. Approving Final Plat of Moreland Subd., Lot 1 4/24/79 589-590 177 Res. Establishing Just Compensation for Acquisition of Right -of -Way 591 178 Res. Approving Contract for Legal Services and Authoriz- ing Litigation (David A. Elderkin) 592 179 Res. Establishing Tapping Fees for Water Services 593 180 Res. Authorizing Execution of Agreement for Washington Street Bridge Design 594-604 181 Res. Authorizing and Providing for the Issuance of $5,500,00 General Obligation Bonds and Levying a Tax to Pay Said Bonds GTITIVAU" 1979 Resolutions 182 - 197 'PAGE RES. # RES. TITLE DATE 605-606 182 Res. Approving Plans, Specs., Form of Contract, 5/l/79 and Estimate of Cost for the Construction of Service Bldg. Sanitary Sewer Extension, 1979 607-608 183 Res. Approving the Prel. Design Plans for Rede- velopment on Urban Renewal Parcel 82-1B 609-648 184 Res. Authorizing and Directing the City Clerk to Publish Notice of Intent to Accept a Proposal to Purchase and Redevelop Certain Urban Renewal Property (82-1B, North Bay Construction, Inc.) 649-651 185 Res. Authorizing Mayor to Sign and City Clerk to Attest a Renewal Agreement Between Johnson County, Iowa, and the City of Iowa City for Elderly and Handicapped Transportation Service 652 186 Res. Approving Class B Beer Permit Appl. - 5/8/79 Securities Bldg. Corp. dba/Long John Silver's, 1940 Lower Muscatine Rd. 653 187 Res. Approving Class B Beer Sunday Permit Appl. - Securities Bldg. Corp. dba/Long John Silver=s, 1940 Lower Muscatine Rd. 654 188 Res. Approving Class C Liquor Control License John S. Mummey, Inc. dba/Mumm's Saloon and Eatery, 21 W. Benton 655-657 189 Res. Approving Prel. & Final LSNRD for Procter & Gamble Mfg. Co. 658 190 Res. Accepting Prel. Planned Area Development and Plat of Waldenwood, Part I 659 191 Res. Accepting Prel. Planned Area Development and Plat of Pepperwood, Part 3-7 660-662 192 Res. Annexing Certain Described Real Estate to the City of Iowa City and Repealing Resolution 79-8 663-67017 193 Res. Authorizirg a Transfer of Interest in Urban Re- newal Parcels 83-1 and 84-1 (Old Capitol Associates) 671 194 Res. Temporarily Closing Capitol St. from the North Right-ofWay Line of Burlington St. to the South Right -of -Way Line of College St. 672-675 195 Res. Authorizing the Mayor to Sign and the City Clerk to Attest an Agnement that will Permit the Iowa City Housing Authority to Make Housing Assistance Payments on Behalf of Eligible Families to Owners of Property Located in the Unincorporated Areas of Johnson County 676 196 Res. Awarding Contract for the Construction of Boyrum St. Connection with Highway 6 Bypass Paving & Storm Sewer Project - Division I - to Normoyle-Berg & Associates, Inc., Rock Island, Ill. 677 197 Res. Awarding Contract for the Construction of Boyrum St. Connection with Highway 6 Bypass Paving & Storm Sewer Project - Division II - to Metro Pavers, Inc. BOOK 56 1979 Resolutions 198 - 216 PAGE RES. # RES. TITLE DATE 678- 679 198 Res. Authorizing Execution of Overwidth Paving 5/8/79 Agreement in the Resubdivision of Lot 30, Conway's Addition 680 199 Res. Establishing Rental Type III Dwelling Permit Fees as Part of the Housing Occupancy and Maintenance Code 681 200 Res. Approving Class C Liquor Control License 5/15/79 Spayer & Co., Ltd. dba The Airliner, 22 S. Clinton 682 201 Res. Approving Class C Liquor Control License Appl. Iowa City Aerie #695 of the Fraternal Order of Eagles, 225 Highway 1, S.W. 683 202 Res. Approving Class B Beer Sunday Permit Appl. - Four Cushions, Inc. dba Control Tower, 18-20 S. Clinton St. 684 203 Res. to Issue Dancing Permit - Iowa City Aerie of the Fraternal Order of Eagles #695, 225 Highway 1, S.W. Box 507 685 204 Res. Accepting Preliminary Plat of Oakes Second Addition 686 205 Res. Authorizing Abandoned Bicycle Sale 687-7016 206 Res. Authorizing Execution of Annual Contributions Contract 702-703 207 Res. Accepting the Work as Done by Highway Contrac- tors, Inc. for Four Storm Water Management Projects in Ralston Creek 704-705 208 Prel. Res. for the Construction of Street and Sewer Improvements in the City of Iowa City (BDI 2nd Addn.) 706 209 Res. Fixing Values of Lots (BDI 2nd Addn.) 707-708 21.0 Res. Adopting Prel. Plat and Schedule, Estimate of Cost and Proposed Plans and Specs. for the Construc- tion of the 1979 BDI Second Addn. Improvements 709-711 211 Res. of Necessity - BDI 2nd Addn. 712 212 Res. Setting Public Hearing on Plans, Specs., Form of Contract, and Estimate of Cost for the Construction of 1979 BDI Second Addn. Improvements 713-714 213 Res. Approving Preliminary Plans, Specs, Form of Contract, and Estimate ofCost for the Construction of 1979 BDI 2nd Addn. 715 214 Res. Accepting the Work for Transit Barn Ventilation Project as Done by Universal Climate Control, Inc. 716 215 Res. Approving Class C Beer Permit Appl. - 5/22/79 Pester Derby Oil Co., 606 S. Riverside Dr. 717 216 Res. Approving Class C Beer Sunday Permit - Pester Derby Oil Co., 606 S. Riverside Dr. :11. W. 1979 Resolutions 217 - 234 PAGE RES. # RES. TITLE DATE 718 217 Res. Approving Class C Liquor Control License 5/22/79 for George R. Dane dba The Nickelodeon, 208 North Linn St. 719 218 Res. Approving Class C Liquor License for Boulevard Room dba That Bar/That Deli, 325 E. Market St. 720 219 Res. Approving class C Liquor Sunday Permit for Boulevard Room, Ltd. dba That Bar/That Deli, 325 E. Market St. 721 220 Res. Approving Class C Liquor License for John Kane and Tim Kane dba Kanes' Depot, 114 Wright St. 722 221 Res. to Issue Dancing Permit to Boulevard Room dba That Deli/That Bar, 325 E. Market St. 723 222 Res. Directing City Clerk to Readvertise Notice to Bidders, Fixing Time and Place for Receipt of Bids, and Establishing Amount of Bid Security to Accompany Each Bid for the Construc on of the Service Bldg. Roof Repair Project, Phase 2 724-725 223 Res. Approving Plans, Specs., Form of Contract and Estimate of Cost for the Construction of River Corridor Sewer Project 726-727 224 Res. Establishing Just Compensation for Acquisition of Right -of -Way (South Gilbert St. Project) 728-732 225 Res. Authorizing Agreement with Bill Mihalopoulos Regarding the Construction and Maintenance of Side- walk Vaults, Reducing Insurance Coverage 733-737 226 Res. Authorizing Execution of Agreement Clarifying Contractual Remedies Concerning an Urban Renewal Contract between the City and Old Capitol Assoc. dated Feb. 7, 1978 738 227 Res. Adopting Supplment Number One to the Code of Ordinances of the City of Iowa City 739 228 Res. to Issue Cigarette Permits 5/29/79 740 229 Res. Adopting Plans, Specs. & Form of Contract for BDI Second Addition Improvements, Iowa City 741-743 230 Res. Authorizing Execution- of Indemnification Agree- ment in Connection with Sale of Urban Renewal Land 744 231 Res. Authorizing the City Clerk to Advertise for Bids on May 30, 1979 for the Purpose of Purchasing Furniture and Equipment for the Senior Center 745-748 232 Res. Authorizing Execution of an Agreement with Iowa Dept. of Transportation 749 233 Res. Awarding Contract for the Construction of Service Bldg. Sanitary Sewer Extension, 1979 750-751 234 Res. Establishing Just Compensation for Acquisition of Right -of -Way (8, 4JILG * It,) BOOK 56 1979 Resolutions 235 - 242 PAGE RES. # RES. TITLE DATE 752 235 Res. of Approval of Class B Liquor Sunday Permit 6/5/79 Appl., Howard Johnson's, North Dodge St. 753 236 Res. Approving Class B Liquor Control License Appl., Howard Johnson's, North Dodge St. 754 237 Res. Authorizing the City Clerk to Set a Public Hearing on Whether a Beer Permit Issued to Donald J. Stucker, dba First Ave. Kerr-McGee, Should be Revoked or Suspended for Violation of Liquor Regulations 755 - 756 238 Res. Approving Final Plat - Village Green, Part X 757 - 758 239 Res. Establishing Plan Check Fees for the Uniform Building Code of the City of Iowa City 759 - 765 240 Res. Authorizing Execution of Agreement for Engineer- ing Services - Ralston Creek Village Sewer Relocation 766 - 803 241 Res. Authorizing the Sale of Urban Renewal Property - Parcel 821b, North Bay Construction, Inc. 804 242 Res. Authorizing Filing of a CDBG/Small Cities Program Application in the Amount of $530,000 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 Office for the Grant BOOK 57 1979 Resolutions 243 - 257 PAGE RES. # RES. TITLE DATE 805 243 Res. Approving class C Liquor Control License - 6/12/79 Gabe 'n' Walkers, 330 E. Washington St. 806 244 Res. to Issue Dancing Permit - Gabe n' Walkers, 330 E. Washington St. 807 245 Res. to Issue Cigarette Permits(plus attached list) 808 246 Res. Setting Public Hearing on Plans, Specifica- tions, Form of Contract, and Estimate of Cost for the Construction of the Central Business Streetscape Improvement Project Phase II -A, Directing the City Clerk to Publish Notice of Said Hearing, and Directing the City Engineer to Place Said Plans, Etc., on File for Public Inspection 809-810 247 Res. Approving Prel. and Final LSNRD and Preliminary and Final LSRD Development for HyVee Food Stores #3 811 248 Res. Naming John Johnson and Fred Brown as Honorary Citizens of Iowa City 812-816 249 Res. of Necessity and Setting Public Hearing on 1979 Street Improvements (Tanglewood St. & Ventura Ave.) 817 250 Res. Directing Engineer to Prepare Detailed Plans and Specs. and Directing Attorney to Prepare Form and Contract and Notice to Bidders on the 1979 Street Improvements (Tanglewood St. - Ventura Ave.) 818-825 251 Res. Authorizing the Mayor to Sign and City Clerk to Attest an Agreement between the City of Iowa City and Water Tower Paint and Repair Co., Inc. of Clear Lake to Provide for the Maintenance of a 1,000,000 Gallon Ground Water Storage Tank of the City of Iowa City 826-828 252 Res. Authorizing Execution of Amendment to Contract for Technical Services with Veenstra & Kimm (for revised stream quality) 829 253 Res. Awarding Contract and Authorizing Mayor to Sign and City Clerk to Attest Contract for the Construc- tion of Service Bldg. Modular Roof Project Phase II 830 254 Res. Making Award of Contract (to Cedar Hills Construc- tion for Part A of BDI Second Addn. Special Assessment) 831 255 Res. Making Award of Contract (to Metro Pavers for Part B of BDI Second Addn. Special Assessment) 832 256 Res. Making Award of Contract (to Parkview Co. for Part C of BDI Second Addition Special Assessment) 833 257 Res. Authorizing.the Filing of a CDBG Appl. in the Amount of $1,333,945 under the Housing and Community Development Act of 1974, Including all Understandings and Assurances Contained Therein and Designating the City Manager as the Authorized Chief Executive Officer for the Grant BOOK 57 1979 Resolutions 258-274 .PAGE RES. # RES. TITLE 834 258 Res. Approving Class C Liquor Control License Appl. - David L. Alberhasky dba Foxhead Tavern, 402 E. Market St. 835 259 Res. Approving Class C Liquor Control License Appl. - Keith W. Dempster dba The Mill, 120 E. Burlington St. 836 260 Res. Approving Class C Liquor Sunday Permit Appl. - Keith W. Dempster dba The Mill Restaurant, 120 E. Burlington 837 261 Res. Approving Class C Liquor Control License Appl. - Sycamore Eating and Drinking Co., Inc. Mall Shopping Center 838 262 Res. Approving Class C Liquor Control License Appl. - Roy L. Chopek #17, American Legion, 3016 American Legion Road 839 263 Res. Approving Class C Beer Permit Appl. - Walgreen Co. dba Walgreens, 1646 Sycamore 840 264 Res. Approving Class C Beer Sunday Permit Appl. - Walgreen Co. dba Walgreens, 1646 Sycamore 841 265 Res. Approving Class C Beer Permit Appl. - McRo, Inc. dba Whiteway Supermarket, 212 S. Clinton St. 842-843 266 Res. To Issue Cigarette Permits (list attached) 844 267 Res. Setting Public Hearing on Plans, Specs., Form of Contract, and Estimate of Cost for the Construc- tion of The South Gilbert St. Project 845 268 Res. Setting Public Hearing on Plans, Specs., Form of Contract and Estimate of Cost for the Construc- tion of The Truck Wash Building at the Iowa City Service Center 846-847 269 Res. Approving Plans, Specs., Form of Contract,and Estimate of Cost for the Construction of Central Business District Streetscape Improvement Project, Phase II -A, on Capitol St. between Burlington & Washington; and Washington St. between Madison & Clinton, in Iowa City 848 270 Res. on Unclassified Salaries and Compensation for Fiscal Year 1980 Beginning July 1, 1979 849-858 271 Res. Authorizing the Mayor to Sign and Contract Between the City of Iowa City and the Johnson Co. Association for Retarded Citizens for the Use of $50,000 Community Development Block Grant Funds for Day Care Services to Adults Constrained by Develop- mental Disabilities (Primarily Mental Retardation) 859-861 272 Res. Authorizing the Execution of an Agreement with the Iowa Department of Transportation (Intersection of Interstate 80 and Primary Road #1) 862 273 Res. Establishing a Landfill Use Fee and a Residen- tial Solid Waste Collection Fee 863-866 274 Res. Authorizing Execution of Agreement with Cedar Rapids and Iowa City Railway Co. F: o 6/19/79 BOOK 57 1979 Resolutions 275 - 293 PAGE RES. # RES. TITLE DATE 867 275 Res. Authorizing the City to Develop, Adopt and 6/19/79 Implement an Industrial Cost Recovery System Acceptable to the U. S. Environmental Protection Agency 868 276 Res. Accepting Sanitary and Storm Sewer and Paving, Improvements, Braverman Center Addn., Block 7; Portions of Block 5 869 277 Resolution Making Award of Contract(Parkview Co. for Part C of BDI 2nd Addn. Special Assessment Project) 870 278 Res. of Approval of Class C Beer Permit Appl. - 6/26/79 John's Grocery, Inc., 401 E. Market St. 871 279 Res. of Approval of Class C Beer Sunday Permit Appl. - John's Grocery, Inc., 401 E. Market St. 872 280 Res.Approving Class B Beer Permit Appl. - The Best Steak House, 1 So. Dubuque St. 873 281 Res. Approving Class B Beer Sunday Permit Appl. - The Best STeak House, 1 So. Dubuque St. 874 282 Res. Approving Class C Liquor Control License Appl. - Copper Dollar of Iowa City, Inc. dba Copper Dollar, 211 Iowa Ave. East 875 283 Res. to Issue Dancing Permit - Copper Dollar of Iowa City, Inc. dba Copper Dollar, 211 Iowa Ave. East 876-877 284 Res. to Issue Cigarette Permits (list attached) 878-879 285 Res. Amending the Current Budget for the Fiscal Year Ending June 30, 1979 880 286 Res. Accepting Sanitary Sewer Extension (for E. E. Dyer property) 881-882 287 Res. Awarding Bids for Senior Center Furniture to be Acquired With Funding Available Through State Senior Center Funds 883-886 288 Res. Authorizing Execution of Contract - Furnishings and Equipment (II) Senior Center (11 contracts) 887-889 289 Res. Permitting Purchase of Audio, Visual, Stage, and Sewing Equipment with State Senior Center Funds 890 290 Res. Approving Class C Beer Permit - Voss Petroleum Co., 7/3/79 dba Discount Dan's Shell, 933 South Clinton 891 291 Res. Approving Class C Beer Sunday Permit Appl. - Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 S. Clinton 892-893 292 Resolution to Issue Cigarette Permits (attached list) 894 293 Res. Setting Public Hearing on Plans, Specs., Form of Contract, and Estimate of Cost for the Construction for Ramp B, Block 64, Downtown Parking Facility BOOK 57 1979 Resolutions 294 - 311 PAGE RES. # RES. TITLE DATE 895-896 294 Res. Approving Plans, Specifications, Form of Con- ..7/3/79 tract, and Estimate of Cost for the Construction 908 909 of the truck wash building 897-898 295 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction 909 303 of South Gilbert St. Improvement Project 899-902 296 Res. Authorizing Amendment to Agreement between the 910 304 City of Iowa City and Carl Walker and Associates, Inc., Pursuant to Terms Set Forth in Section V, 911 305 Compensation for Services 903 297 Res. Establishing Position by Pay Range for Classified 912 306 Personnel of the City of Iowa City for FY80 904 298 Res. Approving Class C Beer Permit Appl. - Don -Jay 7/17/79 913 307 Services dba 1st Ave. Kerr-McGee, 2229 Muscatine Ave. 905 299 Res. Approving Class C Beer Sunday Permit Appl. - Don -Jay Services, Inc. dba 1st Ave. Kerr-McGee, 2229 Muscatine Ave. 906 300 Res. Approving Class C Beer Permit Appl. - William B. Kron, Jr. dba Bill's I-80 D -X, Route 2, Highway 1 & I-80 907 301 Res. Approving Class C Beer Sunday Permit Appl. - William B. Kron, Jr. dba Bill's I-80 D -X, Route 2. Highway 1 and I-80 908 909 Res. Approving Class C Liquor Control License Appl. - The Field House, Inc. dba The Field House, 111 E. College 909 303 The Great American Saloon Co. dba Maxwell's, 121 E. College St. 910 304 The Field House, Inc. dba The Field House, 111 E. College St. 911 305 Res. to Issue Dancing Permit - The Great American Saloon Co. dba Maxwell's, 121 E. College St. 912 306 Res. Approving class C Liquor Control License Appl. - George's Buffet, Inc., 312 Market St. 913 307 Res. Approving Class C Liquor Control License Appl. - Johnson County Post 2581, V.F.W., 1012 Gilbert Court 914 308 Res. to Issue Dancing Permit - Johnson County Post 2581, V.F.W., 1012 Gilbert Ct. 915 309 Hawkeye Dairy Store, Inc. dba Hawkeye Dairy Store, 701 E. Davenport St. - Res. Approving Class C Beer Permit Appl. 916 310 Res. Approivng class C Beer Sunday Permit Appl. - Hawkeye Dairy Store, Inc. dba Hawkeye Dairy Store, 701 E. Davenport St. 917-918 311 Res. to Issue Cigarette Permits (attached list) BOOK 57 1979 Resolutions 312 -326 PAGE RES. # RES. TITLE DATE 919 312 Res. Approving Class B Beer Permit Appl. - The House 7/17/79 of Submarines, Inc. dba The House of Submarines, 12 South Dubuque St. 920 313 Res. Approving Class B Beer Sunday Permit Appl. - The House of Submarines, Inc. dba The House of Submarines, 12 South Dubuque St. 921 314 Res. Setting Public Hearing on Plans, Specifications, Form of Contract and Estimate of Cost for The Construc- tion of Sunset Street Improvement Project 922 315 Res. Setting Public Hearing on Revised Plans, Speci- fications, Form of Contract, and Estimate of Cost for the Construc on of the River Corridor Sewers Project Directing City Clerk to Publish Notice of Said Hearing, and Directing City Engineer to Place Said Plans, etc., on File for Public Inspection 923 316 Res. Setting Public Hearing on Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction of FY80 Asphalt Resurfacing Project 924-925 317 Res. Rescinding Res. 79-295 and Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction of South Gilbert St. Improvement Project Establishing Amount of Bid Security to Accompany Each Bid, Directing City Clerk to Publish Notice to Bidders, and Fixing Time and Place for Receipt of Bids 926-927 318 Res. Amending Resolution of Necessity 1979 Street Improvements (Tanglewood Street -Ventura Ave.) 928-929 319 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Contruction of the Block 64 Parking Garage 930-931 320 Res. Authorizing the Establishment of the 1979 BDI Second Addition Improvements Construction Fund 932-934 321 Res. Authorizing Execution of Contract (ADS Adver- tising) 935-936 322 Res. 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 937-940 323 Res. Authorizing Amendment to Contract for Technical Service Between the City of Iowa City and Veenstra & Kimm 941-942 324 Res. Authorizing City Clerk to Re -advertise for Bids for the Construciton of River Corridor Sewer Project, as REvised 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 943 325 Res. Awarding Contract for the Construction for City Streetscape Phase II -A Project 944-945 326 Res. Authorizing Execution of Overwidth Paving Agreement for Mount Prospect, Part IV BOOK 57 1979 Resolutions 327- 334 PAGE RES. # 946 327 943 328 948'-951 329 952 330 953 331 954 332 955 333 nrr I11. r Res. Authorizing and Directing Submission of an Application for a Low -Rent Housing Program Res. Approving Application for Preliminary Loan for Low -Rent Public Housing Res. of Cooperation (Low -Rent Housing) Res. Amending Salaries, Compensation and Changing Position Title for Classified Personnel and Provide for Various Position Changes Res. Awarding Bids for the Neighborhood Site Improve- ment (NSI) Alley Gravelling Program Res. Authorizing Execution of Contract (The River Products Co., Inc. for crushed stone for Neighbor- hood Site Improvement Alley Gravelling Program) Res. Revoking the Designation of the Dey Building Corporation as the Preferred Developer of Disposition DATE 7/17/79 956-958 334 Res. Authorizing Re -Assignment of Real Estate Contract 7/24/79 For Pentacrest Garden Apartments :11 0 1979 Resolutions 335 - 355 PAGE RES. # RES. TITLE DATE 959 335 Res. Approving Class A Liquor Control License Appl. 7/31/79 Iowa City Moose Lodge #1096, 2910 Muscatine Ave. 960 336 Res. Approving Class A Liquor Sunday Permit Appl. Iowa City Moose Lodge #1096, 2910 Muscatine Ave. 961 337 Res. to Issue Dancing Permit - Iowa City Moose Lodge #1096, 2910 Muscatine Ave. 962 338 Res. Approving Class C Beer Permit Appl. - Hy -Vee Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood 963 339 Res. Approving Class C Beer Sunday Permit Appl. - Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood 964 340 Res. Approving Class C Beer Permit Appl. - Needs, Inc., 18 South Clinton Ave. 965 341 Res. Approving Class C Beer Permit Appl. - Hy -Vee Res. of Suspension of Liquor Control License (Wood - Food Store #2, 310 North 1st Ave. 966 342 Res. Approving Class C Beer Sunday Permit Appl. - 983 -984 354 Hy -Vee Food Store #2, 310 North 1st Ave. 967 343 Res. Approving Class C Liquor Control License Appl. - and Estimate of Cost for the Construction of Sunset James J. Tucker dba Tuck's Place, 210 North Linn St. 968 344 Res. Approving Class C Liquor Control License Appl. - 985 355 Bull Market, 325 E. Washington St. 969 345 Res. to Refund Cigarette Permit - Regal Vending dba and Estimate of Cost for the Construction of River Applegate's Landing, 1411 South Gilbert St. 970 346 Res. to Issue Cigarette Permits 971 347 Res. Approving Class C Beer Permit Appl. - Osco Drug 'Inc., 120 E. College St. 972 348 Res. Approving Class B Beer Permit Appl. - Daryl C. Woodson and Douglas K. Hendriks dba The Sanctuary Restaurant, 405 S. Gilbert 973 349 Res. Approving Class B Beer Sunday Permit Appl. - Daryl C. Woodson and Douglas K. Hendriks, dba The Sanctuary Restaurant, 405 South Gilbert St. 974-976 350 Res. for Dedicating a Ten -Foot Walkway Easement and Abandoning and Withdrawing the Existing Walkway Ease- ment for Mount Prospect, Part III 977-979 351 Res. Approving Final Large Scale Non -Residential De- velopment - Hy -Vee Food Stores, Inc. (Boyrum Subd.) 980-981 352 Res. Approving Final Plat - Hy -Vee Food Stores, Inc. (Boyrum Subd.) 982 353 Res. of Suspension of Liquor Control License (Wood - field's) 983 -984 354 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction of Sunset Street Improvement Project 985 355 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction of River Corridor Sewer Project BOOK 58 1979 Resolutions 356 - 375 PAGE RES. # RES. TITLE DATE 986-987 356 Res. Approving Plans, Specifications, Form of Contract 7/31/79 and Estimate of Cost for the Construction of FY80 Asphalt Resurfacing Project 988 357 Res. Accepting Sanitary Sewer Improvements - Resubdi- vision of Lot 30, Conway 989 358 Res. Accepting Storm Water Storage Facilities - Wedge- wood Apartments LS.R.D. 990 359 Res. Awarding Contract for the Construction of the Truck Wash Building at the Iowa City Service Center (R.K. Home Improvements of Iowa City) 991 -992 360 Res. of Necessity to Authorize the City of Iowa City, Iowa to Engage in a Neighborhood Redevelopment Program 993-994 361 Res. Amending a Previously Established Amount of Just Compensation for Acquisition of Right -of -Way for the South Gilbert Street Improvement Project (Parcel No. 7) 995-996 362 Resolution Authorizing the Mayor to Sign and the City Clerk to Attest a Contract for Acquisition of Right - of -Way for the South Gilbert Street Improvement Project (Parcel No. 7) 997-1001 363 Res. Authorizing Mayor to Sign and City Clerk to Attest a Lease Between City of Iowa City and Washington Park, Inc. for the Davis Building, 601 South Gilbert St. 1002 364 Res. Approving Class C Liquor License Appl. - Senor 8/14/79 Pablos Ltd., 830 1st Ave. 1003 365 Res. Approving Class C Liquor Sunday Permit Appl. - Senor Pablos Ltd., 830 1st Ave. 1004 366 Res. Approving Class C Liquor License Appl. - Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 1005 367 Res. Approving Class C Liquor Sunday Permit Appl. - Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 1006 368 Res. to Issue Dancing Permit - Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 1007 369 Res. Approving Class C Liquor License Appl. - Plamor Bowling, Inc. 1555 - 1st Ave. 1008 370 Res. Approving Class C Liquro Sunday Permit Appl. - Plamor Bowling, Inc., 1555 - 1st Ave. 1009 371 Res. Approving Class C Liquor License Appl. - Iowa River Pizza Company, Inc. dba Applegate's Landing, 1411 South Gilbert St. 1010 372 Res. Approving Class C Liquor Sunday Permit Appl. - Iowa River Pizza Company, Inc. dba Applegate's Land- ing, 1411 South Gilbert St. 1011-1012 373 Res. to Issue Cigarett Permits (with attached list) 1013 374 Res. Approving Class C Liquor Control License Appl. - Cardan, Inc. dba Joe's Place, 115 Iowa Ave. 1014 375 Res. Setting Public Hearing on Plans, Specifications, Form of contract, and Estimate of Cost for the Construc- tion for Modular Building Renovation - Five Units 1979 Resolutions 376 - 392 PAGE RES. # RES. TITLE 1015 376 Res. Setting Public Information Meeting on Plans for the Ralston Creek Watershed Management Plan - Two Large Storm Water Detention Facilities on the North and South Branch of Ralston Creek and a Series of Channel Improvements and Directing City Clerk to Publish Notice of Said Meeting 1016-1017 377 Res. Approving Final Large Scale Residential Develop- ment Plan of Lot 7 of Block 2, Braverman Center Known as Cedarwood Apartments 1018-1021 378 Res. Proposing to Sell a Portion of Real Property Owned by the City of Iowa City and Located at the Northwest Intersection of South Gilbert Street and U. S. Highway 6 1020-1021 379 Res. Authorizing the City Manager to Modify Previously Established Amounts of Just Compensation for Acqui- sition of Right -of -Way for the South Gilbert Street Improvement Project, and Authorizing the Mayor to Sign and the City Clerk to Attest Contracts for Acquisition of Said Right -of -Way 1022-1028 380 Res. Authorizing Execution of 13(c) Labor Protection Agreement 1029 381 Res. Waiving Residential Solid Waste Collection Fees For Qualifying Low Income Residents 1030 382 Res. Awarding Contract and Authorizing Mayor to Sign and City Clerk to Attest Contract for the Construc- tion of the FY80 Asphalt Resurfacing Project in Iowa City 1031 383 Res. Awarding Contract and Authorizing Mayor to Sign and City Clerk to Attest contract for the Construc- tion of The Sunset Street Improvement Project 1032-1036 384 Res. Directing the Delivery of Construction Warrants in Payment of Contract (1979 BDI Second Addition Improvements 1037-1040 385 Res. Authorizing the Mayor to Execute and the City Clerk to Certify an Agreement with the City of Tiffin, Iowa 1041-1048 386 Res. Approving a Transfer of Interest in Urban Re- newal Disposition Parcel 93-3 from Robert and Anna .. Rath to the Breese Co., Inc. 1049 387 Res. Establishing Fees for City Plaza Use Permits 1050 388 Res. Appointing Robert H. Bowlin as Special Assist- ant City Attorney 1051 389 Res. Amending Budget Authorization No. 78-128 for the Senior Center 1052 390 Res. Amending a Salary, Compensation and Changing Position Title for a Classified Employee and Providing for a Position Change (Finance Dept.) 1053-1055 391 Res. on Acuqisition or Development for Outdoor Recreation Under the Land and Water Conservation Fund Program 1056 -1060 392 Res. Authorizing Execution of Cooperative Agreement for Joint Use of Facilities Between the City of Iowa City and the Iowa City Community School District DATE 8/14/79 BOOK 58 1979 Resolutions 393 - 412 PAGE RES. # 'RES. TITLE DATE 1061 393 Res. Approving Class C Liquor Control License Appl. 8/28/79 John Gingrich dba O'Kelly's, 114 Wright St. 1062 394 Res. Approving Class C Liquor Control License Appl. - Deadwood, Inc. 6 South Dubuque St. 1063 395 Res. Approving Class B Beer Permit Appl. - East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk St. 1064 396 Res. Approving Class B Beer Sunday Permit Appl. - East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk St. 1065 397 Res. to Refund Beer Permit - Dennis Claire Ellis dba Needs, 18 South Clinton St. 1066 398 Res. Approving Class C Liquor Control License Appl. - Sgt. Pepper Corp. dba Sgt. Pepper, 1200 South Gilbert Ct. 1067 399 Res. to Issue Dancing Permit- Sgt. Pepper Corp. dba Sgt. Pepper, 1200 South Gilbert Court 1068-1069 400 Res. to Issue Cigarette Permits (attached list) 1070 401 Res. Approving Class C Liquor Control License Appl. - BLS Corp. dba Club Car Lounge, 122 Wright St. Lounge', 1071 402 Res. to Refund Cigarette Permit - Hamer, Ltd. - 1021 S. Gilbert St. 1072 403 Res. Approving Class C Liquor Control License Appl. - O'Neill Enterprises, Ltd. dba Lamplighter II, 1310 Highland Court 1073 404 Res. Setting Public Hearing on Plans, Specifications, Form of Contract, and Estimate of Cost for the Construction for Alley Improvement Project - Blocks 28 and 29 O.T. - 1979 ' 1074-1077 405 Res. Authorizing the Mayor to Execute Contract for Youth Services in Iowa City with Iowa City Babe Ruth League 1078-1081 406 Res. Authorizing the Mayor to Execute Contract for Youth Services in Iowa City with Iowa City Boys' Baseball, Inc. 1082-1085 407 Res. Authorizing the Mayor to Execute Contract for Youth Services in Iowa City with Iowa City Girls' Softball 1086-1089 408 Res. Authorizing the Mayor to Execute Contracts for Emergency Assistance in the Iowa City Area with Iowa /0g0 67x)11 !' City Crisis Intervention Center 1091-1094 409 Res. Authorizing the Mayor to Execute Contracts for Community Services in the Iowa City Area with Friends of Childrens Museum 1095-1097 410 Res. Authorizing the Mayor to Execute Contracts for Youth Services in the Iowa City Area with the Mayor's Youth Employment Program 1098-1101 411 Res. Authorizing the Mayor to Execute Contracts for Youth Services in the Iowa City, Iowa area with the PALS Program of Johnson County Extension Service 1102-1103 412- Res. Authorizing the Mayor to Execute Contracts in the Iowa City Area with the Rape Victim Advocacy Program /ICS( om,-fed 1979 Resolutions 413 -428 PAGE RES. # RES. TITLE DATE 1105-1107 413 Res. Authorizing the Mayor to Execute Contracts in 8/28/79 1143 426 the Iowa City Area with the Rape Victim Advocacy Pro- gram and the Mid -Eastern Iowa Community Mental Health 1108-1112 414 Res. Authorizing the Mayor to Execute Contracts for Youth Services in the Iowa City Area with United Action for Youth 1113-1115 415 Res. Authorizing the Mayor to Execute a Contract for Youth Services in the Iowa City Area with Youth Homes, 111(0 Inc. 1117-1120 416 Res. Authorizing the Mayor to Execute Contracts for Neighborhood Services in the Iowa City Area with Willow - creek Neighborhood Cert -r 1121 417 Res. Approving Plans, Specifications, Form of Contract, and Estimate of Cost for the construction of the Modular Renovation (5 units) 1122-1123 418 Res. Authorizing the Mayor to Sign and the City Clerk to Attest to an Agreement Between the City of Iowa City and Northwest By -Products Providing for the Disposal of Decomposed Animal Matter in the City's Sanitary Landfill 1124 419 Res. Awarding Contract and Authorizing Mayor to Sign and City Clerk to Attest Contract for the Construc- tion of the River Corridor Sewer Project 1125-1127 420 Res. modifying the Urban Renewal Plan For Project Iowa Jlv�B R-14 1129-1132 421 Res. Authorizing the Mayor to Sign and the City Clerk to Attest an Agreement with Olin Lloyd for the Leasing of Warehouse Space for the Storage of Furniture for the Proposed Senior Center 1133 422 Res. Approving Official Report of Municipality of Streets and Parking for FY 1979 1134 423 Res. Amending the Travel Policy in Order to Revise the Reimbursement Rate for Use of Private Vehicles 1135-1141 424 Res. Authorizing the Mayor to Sign a Contract with the Johnson County Regional Planning Commission, United Way, and Johnson County Board of Supervisors to Provide Human Planning for Johnson County 1142 425 Res. approving Class C Liquor Control License Application I.C.B.B., Ltd. dba The Brown Bottle,114 South Clinton St. 1143 426 Res. of Approval of Class C Liquor Sunday Permit Application I.C.B.B., Ltd. dba The Brown Bottle, 114 South Clinton St. 1144 427 Res. Approving Class C Liquor Control License Application James W. Burr and James R. Coon dba Time -Out Restaurant and Coaches' Corner Lounge, 1220 Highway 6 West. 1145 428 Res. of Approval of Class C Liquor Sunday Permit Application James W. Burr and James R. Coon dba Time Out Restaurant and Coaches' Corner Lounge,1220 Highway 6 West 1979 Resolutions 429- 445 PAGE RES. # RES. TITLE DATE 1146 429 Res. Approving Class "B" Beer Permit Application 8/28/79 Ken's Pizza Parlors, Inc. dba Ken's Pizza, 1950 Lower Muscatine Road 1147 430 Res. of Approval of Class B Beer Sunday Permit Application Ken's Pizza Parlors, Inc.dba Ken's Pizza, 1950 Lower Muscatine Road 1148 431 Res. To Issue Cigarette Permits Hagen Electronics, Inc. (Hawkeye Amusement) dba Time Out Restaurant and Coaches Corner Lounge, 1220 Highway 6 East 1149 431 Res. Setting Public Hearing on Plans, Specifications, Form of Contract, and Estimate of Cost For The Construction For Curb Ramp Program - 1979 1150 433 Res. Setting Public Hearing On Plans, Specifications, Form of Contract, and Estimate Of Cost For The Construction of Neighborhood Site Improvment - Asphalt Overlay Program 1151 -1152 434 Res. Approving Plans, Specifications, Form of Contract and Estimate of Cost For The Construction of Alley Improvement Project - Blocks 28 & 29 O.T. 1979 1153- 1154 435 Res. Approving Petition And Waiver (Sewer Project) 1155 436 Preliminary Resolution for the Consrtuction of Sewer Improvements in th City Of Iowa City, Iowa 1156-1157- 1158 437 Res. Fixing Values Of Lots 1159 -1160 438 Res. Adopting Preliminary Plat And Schedule, Estimate of•Cost And Proposed Plans And Specifications For The Construction of The 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project 1161 -1162 1163-1164 1165 439 Res. Of Necessity 1166 -1167 440 Res. Accepting Sanitary Sewer Improvements 1168 441 A Res. Amending Res. 77-168 By Designating Additional Legal Holidays 1169 442 Res. Amending Salaries, Compensation and Changing Position Title For Classified Personnel And Providing For Various Position Changes. 1170 443 Res. Designating Assistant City Attorney Angela Ryan As Assistant City Attorney III and Establishing Compensation 1171 -1172 444 Res. Authorizing The Filing Of An Application With 1173 -1174 The Department Of Transportation, United States Of 1175 America, For A Grant Under The Urban Mass Trans- portation Act Of 1964, As Amended. 1176 -1199 445 Res. Authorizing The Mayor To Sign And The City Clerk To Attest An Agreement With The Iowa Depart- ment Of Transportation To Provide Transit Assistance For FY80 :11 : 1979 Resolutions 446 - PAGE RES.# RES. TITLE 1200-1201 446 A Res. Authorizing The Mayor To Sign And The CIty Clerk To Attest An Agreement Between The City Of Iowa City of University Heights For The Provision of Transit Service Within The Corporate Limits of University Heights. 1202-1203 447 Res. Authorizing The Mayor To Sign A Contract 1204-1208 With The Johnson County Regional Planning Commission, United Way, And Johnson County Board of Supervisors To Provide Human Planning For Johnson County. DATE BOOK 59 1979 RESOLUTIONS 448 - 464 PAGE RES. # RES. TITLE DATE 1209 448 Resolution to Issue Cigarette Permits Hawkeye Amusement at Kane Depot 114 Wright St. Sinclair Marketing, Inc. at 731 S.Riverside Dr. 9/18/79 1210 449 Resolution to Refund A Portion Of Class C Liquor License Fee. Moody Blue 1200 South Gilbert Court 1211 450 Resolution Setting Public Hearing on Amending The FY80 Budget Ending June 30, 1980 1212 -1214 451 Resolution Approving Combined Preliminary and Final Plats of Hickory Ridge Estates Subdivision. 1215-1216 452 Resolution Approving Plans, Specifications, Form of Contract, And Estimate of Cost For The Construction of The Neighborhood Site Improvements - Asphalt Program Establishing Amount of Bid Security to Accompany Each Bed, Directing City Clerk To Publish Notice To Bidders and Fixing Time And Place for Receipt of Bids. 1217-1218 453 Resolution Approving Plans, Specifications, Form Of Contract, And Estimate of Cost For The Construction of Curb Ramp Program - 1979 1219 454 Resolution Approving The Lower Ralston Creek Neighborhood Redeveloment Plan, As Required By Chapter 403 of the Iowa Code 1220-1222 455 Resolution Authorizing Execution Of Lease With The Johnson County Agricultural Association 1223-1226 456 Resolution Directing The Delivery of Construction Warrants in Payment Of Contract 1227 457 Resolution Amending The Classification Plan For Classified Personnel By Adding Positions.(4 Full Time Bus Drivers and 2 part time bus drivers) 1228 -1230 458 Resolution Amending The Classification Plan for Classified Personnel By Adding A Position (1 Part time Maintenance WORKER) 1231 459 Resolution Accepting Preliminary Plat, Mcbride Addition, Parts 3 and 4 9/25/79 1232 460 Resolution Naming Donald Kaul An Honorary Member of The Planning ANd Zoning Commission Of Iowa City, Iowa 1233 461 Resolution Amending The Classification Plan For Classified Personnel By Adding A Position (1 Full Time Technical Assistant) 1234 - 1235 462 A Resolution For The Establishment of A Multi -Purpose Senior Center Fund For The Management Of Gifts And Memorials To The Multi -Purpose Senior Center 1236 463 Resolution Accepting The Work For Service Building Modular Roof Repair Project, Phase 2 1237-1238 464 Resolution Accepting Sanitary Sewer Village Green Part 10 Constructed be Weber Brothers Construction Co. Mechanicsville, Ia. 9/25/79 BOOK 59 1979 RESOLUTIONS 465-481 PAGE RES. # RES. TITLE DATE 1239 465 Resolution Approving Class "B" Beer Permit 10/2/79 Application. T. I. Investments, Inc. dba Godfather's Pizza, 531 Highway 1 West. 1240 466 Resolution of Approval of Class "C" Beer Permit Application. Dale E. Watt dba Watt's Food Market, 1603 Muscatine Avenue. 1241 467 Resolution to Refund A Portion of Class "C" Liquor License Fee. Lamplighter 11, 1310 Highland Ct. 1242 468 Resolution Approving Class C Liquor Control License Application. Baum & Rice, Ltd. dba Jay & Al's Club Car Lounge, 122 Wright Street. 1243 469 Resolution To Issue Cigarette Permit. Sinclair Marketing, Highway 1 N, RR 2. 1244 470 Resolution of Approval of Class "C" Beer Permit Application. Q" X Trip Corporation dba Quik Trip 11503, 123 West Benton. 1245 471 Resolution Setting Public Hearing on Plans, Specifications, Form of Contract, and Estimate Of Cost For the Construction of Neighborhood Site Improvements - Sidewalk Repair Project. 1246-1247 472 Resolution Approving Final Large Scale Resident- ial Development For Court Hill -Scott Boulevard, Part Vll. 1248-1249 473 Resolution has Been FiledBy Plum Grove Acres, Inc., The Plat & Subdivision of Property in Johnson County. 1250-1251 474 Resolution Approving Amended Final Large Scale Non -Residential Development For Southway Park. 1252-1.257 475 Resolution Authorizing The Mayor To Sign and The City Clerk To Attest An Agreement With Johnson County And A Better Cab Company To Provide Subsidized Cab Service. 1258 476 Resolution of City Budget Amendment And Cert- ification. 1259 477 Resolution Awarding Contract And Authorizing Mayor To Sign And City Clerk To Attest Contract For The Construction of Alley Improvement Project, Blk, 28 & 29 0. T. 1260 478 Resolution Awarding Contract And Authorizing Mayor To Sign And City Clerk To Attest Contract For The Construction of Cur@ Ramp Program - 1979. 1261 479 Resolution Awarding Contract And Authorizing Mayor To Sign And City Clerk To Attest Contract For The Construction of Neighborhood Site Improve- ments - Asphalt Overlay. 1262 480 Resolution Amending The Classification Plan For Classified Personnel By Adding A Position And Deleting A Position. 1263-1264 481 Resolution Authorizing Joint Agreement Between The Iowa City Library Board of Trustees And The Council Of Iowa City To Coordinate Negotia= ting Procedures For Purposes Of Collective Bargaining. BOOK 59 1979 RESOLUTIONS 482491 PAGE RES. # RES. TITLE 1265 482 Resolution Approving Class "C" Beer Permit Application. Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Ave. 1266 483 Resolution Approving Class "C" Beer Sunday Permit Application. Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Ave. 126.7-1268 484 Resolution Approving Plans, Specifications, Form of Contract and Estimate of Cost For the Construction of Sidewalk Repair Program Neighborhood Site Improvement Project. 1269 485 Resolution Accepting Storm Sewer and Paving Village Green South Part 2. 1274 486 Resolution Accepting The Work - Sunset Street Improvement Project. 1275 487 Res. Amending The Classification Plan For Classified Personnel By Adding a Position. 1276 488 Res. Amending The Classification Plan For Classified Personnel By Adding a Position. 1277 489 Res. Authorizing The Initiation of Land Acq. Procedures For The Lower Ralston Creek -Small Cities Grant Project (B -79 -DN -19-0048) 1279-1280 490" Res. Authorizing The Mayor To Sign and The City Clerk to Attest A Memo. of Understanding With Iowa City Municipal Airport Commission For Construction of A Boat Ramp At Sturgis Ferry Park DATE 1281-1285 491 Res. Directing The Delivery Of Construction Warrants In Payment Of Contract. 1286-1287 492 Res. Authorizing The Mayor To Sign And The City Clerk To Attest An Agreement With Carl F. Strub To Permit Construction Of Facade On Strub Build- ing Which Will Overhang The Sidewalk On Clinton Street Maximum of 3 Feet. 1288 493 Res, Approving Class C Liquor Control License Application. ASK Co., dba Felix and Oscars, 5 South Dubuque Street. 10/9/79 10/16/7! 1289 494 Res. Approving Class C Sunday Permit Application. ASK Co., dba Felix and Oscars, 5 South Dubuque St. 495 (omit) 1291-1292 496 Res. Certifying Delinquent Weed Control Charges To County Auditor. 1293-1296 497 Res. Authorizing The Mayor To Sign And City Clerk To Attest A Release Of A Sanitary Sewer Easement On Lot 4 Of Eastdale Mall. 1297 498 Res. Accepting Realigned Sanitary Sewer On Lot 4 Eastdale Mall. 1298-1299 499 Res. Establishing Just Compensation For Acquisition of Real Property For The South Branch Ralston Creek Stormwater Detention Project. 1300-1302 500 Res. Authorizing Execution Of Contract With Ads Advertising, Inside Each Bus Operated By The City's Transit System. BOOK 59 1979 RESOLUTIONS 501-517 PAGE RES. 11 RES. TITLE DATE 1303 501 Resolution Accepting Sanitary Sewer Improv- 10/23/7 ements in Kingdom Subdivision. 1304-1305 502 Res. Accepting The Work For FY80 Asphalt Re- surfacing Project. 1306-1307 503 Res. Accepting Boyrum Street Connection With Highway 6 Bypass. 1308 504 Res. Authorizing The Mayor To Sign and The City Clerk To Attest An Agreeent With Metro Pavers, Inc. To Extend The Award Date For The Construction Of 1320 516 The South Gilbert Street Improvement Project. 1309 505 Res. Awarding Contract And Authorizing Mayor To Sign And City Clerk To Attest Contract For The Construction Of Neighborhood Site Improvements - Sidewalk Repair Program. 1310 506 Res. Authorizing The Mayor To Sign And The City Clerk To Attest An Agreement Wtih The Iowa Dept. Of Transportation To Provide Transit Capital Assistance For FY80. 10/30/79 1311 507 Res Approving Class B Beer Permit Application. J. C. Momberg dba Iowa City Maid -Rite, 630 Ia.Ave. 1312 508 Res. Approving Class C Liquor Control License Application. Richard J. Bartholomew dba Bart's Place, 826 S. Clinton. 1313 509 Res. Approving Class C Beer Permit Application. Durg Fair, Inc. dba Drug Fair 114, 2425 Muscatine Avenue. 1314 510 Resolution Approving Class C Sunday Permit Application. Drug Fair, Inc. dba Drug Fair 114, 2425 Muscatine Avenue. 1315 511 Res. Adopting Supplement Number Two To The Code of Ordinances Of The City Of Iowa City, Iowa. 1316 512 Res. Accepting The Work Bridge Improvement Program. 1317 513 Res. Accepting The Work Court Street And Muscatine Ave. Culvert Project. 1318 514 Res. Accepting The Work Neighborhood Site Improve- ments Asphalt Overlay Program. 1319 515 Res. 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 Modular Building Renovation (5 Units) 1320 516 Res. Supporting State Legislation To Regulate The Transportation Of Radio -Active Materials In The State Of Iowa. 1321 517 Res. Directing The Delivery Of Construction Warrants In Payment Of Contract. Metro Pavers. BOOK 59 1979 RESOLUTIONS 518 - 534 PAGE RES. # 1322 1323 1324 1325 19030x: 1327 1328 1329 1330 1331 1332 1333-1334 1335-1337 1338 1339 1340 1341 518 519 520 RES. TITLE Res. Accepting Sanitary Swere In Mt. Prospect, Part IV Res. Accepting Work Service Building Sanitary Serer Project Res. Directing Delivery Of Con- struction Warrants In Payment Of Contract 521 Res. Authorizing A Grant Of An Ease- ment To Northwestern Bell Telephone For Construction Of Pedestal Terminal In Southwest Corner of City Park 522 Res. Authorizing Execution Amended Agreement With Cedar Rapids And Iowa City Railway Company 523 Res. Authorizing Execution Contract With Shive-Hattery And Associates 524 Res. Approval Class C Beer Permit Dividend Bonded Gas 525 Res. Approval Class C Sunday Beer Permit Dividend Bonded Gas 526 Res. To Refund Cigarette Permit Hawkeye Amusementdba The House Of Submarines DATE ].1/6/79 11/13/79 527 Res. Authorizing The City Clerk To Set Public Hearing On Whether A Beer & Liquor License Issued to Magoo's Inc. dba Magoo's Should Be Revoked Or Sus- pended For Violation Of Section 123.96 Of The Code Of Iowa 528 Res. Accepting The Work Mercer Park Baseball Diamond Lighting Project 529 Res. Approving An Amended Final Large Scale Residential Development For Ty'n Cae Inc. 530 Res. Approving Preliminary And Final Plat And Subdivision Of Lot 90, Ty'n Cae, Part 11 531 Res. Awarding Contract & Authorizing Mayor To Sign & City Clerk To Attest Contract For The Construcion Of Ramp B Block 64, Downtown Parking Facility 532 Res. Adopting The Ralston Creek Water- shed Storm Water Management Plan As The Guide For Engineering Improvements On The Ralston Creek Watershed 533 Res. Authorizing Execution Of An Agree - With Soil Testing Services Of Iowa 534 Res. Approving FY '81,'82,'83,184,'85 Official Report Of Municipalities For The Street Construction Program From July 1, 1980 To June 30, 1985 BOOK 59 1979 RESOLUTIONS 535-547 PAGE RES. it RES. TITLE DATE 1342-1344 535 Res. Authorizing Mayor To Sign 11/13/79 Clerk To Attest An Agree. With U of I Providing For Engineer- ing Services In Connection With The River Corridor Sewer Project 1345-1346 536 Res. Expressing An Intent By City Council To Cooperate With U of I To Obtain Legislative Appropriations For Construction Of A Road To Hawkeye Sports Arena 1347 537 Res. Amending Classification Plan For Classified Personnel By Establish- ing A Pay Range For The Deputy City Clerk 1348 534A Res. Approving Class C Liquor Control 11/20/79 License Application The Annex 1349 535A Res. To Refund A Portion Of Class C Liquor License Fee Kanes' Depot 1350 536A Res. Approving Class C Liquor Control License Application The Sanctuary Rest. 1351 537A Res. Of Approval Of Class C Sunday Permit Application The Sanctuary Restaurant 1352 538 Res. Accepting Paving and Storm Water Sewer Resubdivison Of Lot 90 Of TY'N CAE Addition, Part 2 1353 539 Res. Establishing Just Compensation For Acquisition Of Real Property For The Water Pollution Control Plant Site 1354 540 Res. Awarding Contract And Authorizing Mayor To Sign And City Clerk To Attest Contract For The Construction Of Modular Building Renovation, Iowa City Service Center 1355 - 1356 541 Res. Authorizing Execution Of Agreement With AFSCME Amending Article V111 Section 4 Of The Agreement Between City And AFSCME 1357 542 Res. Authorizing Execution Of Comprehensive Employment And Training Act Contracts 1358 543 Res. Setting Parking Rates For Iowa City Parking System 1359 544 Res. Approving Class C Liquor Control 12/4/79 License Application Walt's Tavern 1360 545 Res. To Issue Cigarette Permit- Iowa Commission For The Blind/Sheriffs Office 1361 546 Res. Authorizing Execution Of An Agreement With Shive-Hattery & Associates For Inspection Services 1362 547 Res. Authorizing Execution Of An Agreement With Carl Walker & Associates For Full -Time Project Inspection BOOK 59 1979 RESOLUTIONS 548- 562 PAGE RES. # RES. TITLE DATE 1363 548 Res. Approving Class C Liquor Control 12/11/79 License Application The Vine 1364 549 Res. To Refund Cigarette Permit -Jay Shaw Iowa City Vending 1365 550 Res. Accepting The Work Central Business District Streetscape Improvement Phase II -A Project 1366 551 Res. Accepting Pavement and Storm Sewer And The Box Culvert For The BDI Special Assessment Project 1367 552 Res. Accepting Sanitary Sewer Improve- ments in Windshire 1368 553 Res. Accepting Paving and Storm Sewer For Village Green, Part 10 1369 554 Res. Authorizing The Mayor To Sign And The City Clerk To Attest An Agreement Whereby The City Shall Place A Bus Shelter On The Grounds Of Hoover School 1370 555 A Res. Authorizing The Mayor To Sign And The City Clerk To Attest An Agreement With ACT To Provide For The Construction Of A Portion Of North Dubuque Road 1371 556 Res. Authorizing Amendment Of The Fiscal Year 1980 Community Development Block Grant (Special Revenue Fund) Budget 1372 557 Res. Authorizing The Mayor To Sign and The City Clerk To Attest An Agreement With Out Of Danger, Inc. dba Aid And Alternatives For Victims Of Spouse Abuse (AAVSA), Community Development Block Grant Funds To Acquire, Rehab. & Utilize A Shelter For Victims Of Spouse Abuse 1373 558 Res. Establishing Sidewalk Snow Removal Fees For The Sidewalk Ordinance Of Iowa City 1374 559 Res. Authorizing The Mayor To Sign And The City Clerk To Attest Contracts For The Acquisition Of Real Property For The South Gilbert Street Improvement Project 1375-1376 560 A Res. Authorizing The Mayor To Sign And The City Clerk To Attest Am Agreement Whereby The City Will Acquire A Portion Of The Country Kitchen Property, Convey A Vacated Portion Of Sand Road And Retain Certain Easements In Con - Junction With The'Faus Gilbert Street Project 1377 561 Res. Exempting The College Block Building At 127 E. College From The Storm Window/Door Requirement Found Under Chapter 17-4.(n)(2)g 1378 562 Res. Appointing Lawrence Lynch To Fill The 12/18/7! Unexpired Term Of Carol deProsse As A Member Of The City Council Of Iowa City BOOK 59 1979 RESOLUTIONS 563 - PAGE RES. # RES. TITLE DATE 1379 563 Res. Approving Class C Beer Permit 12/18/79 Application 7 -Eleven #18048 1380 564 Res. Approving Class C Sunday Permit Application 7 -Eleven #18048 1381 565 Res. Approving Class C Liquor Control License Application The Shamrock 1382 566 Res. Approving Class C Liquor Control License Application Yen Ching Restr. 1383 567 Res. Approving Class C Sunday Permit Application Yen Ching Restraurant, Inc. 1384 568 Res. Approving Class C Beer Permit Application Randall Foods 1385 569 Res. Approving Class C Sunday Permit Application Randall Foods 1386 570 Res. Accepting Paving At The Boyrum St. Connection With Highway 6 1387 571 Res. Accepting Improvements For Court Hill - Scott Boulevard, Part VII 1388 572 Preliminary Res. Pursuant To 384.42 Of Iowa Code, 1979, Concerning Road Improvements Relating To Hawkeye Sports Arena U of I 1389 573 Res. Authorizing Mayor To Sign City Clerk To Attest An Agreement Amending An Urban Renewal Contract Between City Of Iowa City And North Bay Construction, Inc. (Urban Renewal Parcel 82-1b) 1390 574 Res. Authorizing The Mayor To Sign And The City Clerk To Attest Contracts For The Acquisition Of Real Property For The South Gilbert Street Improvement Project 1391 575 Res. Authorizing Mayor To Sign And City Clerk Toattest Contract For The Construction Of The South Gilbert Street Improvement Project - UST - M - 4051 (1) --8U-52 1392 576 Res. Authorizing Mayor To Execute Amendment Three To The Agreement With Wehner, Nowysz, Pattschull And Pfiffner, A Partnership, To Provide Architectural Services For The Adapted Reuse Of The Old Post Office To Serve As a Senior Center For Iowa City, Ia. 1393 577 Res. Authorizing City Of Iowa City, Iowa To Pursue A Housing Rehabilitation Program RESOLUTION NO. 79-1 RESOLUTION APPROVING CLAS- '`B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Beka, Ltd. dba Happy Joe's Pizza & Ice Cream Parlor, 805 - First Ave, Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Balmer that the Resolution asa rea3 Fe adopted, and upon roll ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 9th day of January 19 79 Mayor Attest: ]/aeu7ti�. 2hEl� Qg City Clerk RESOLUTION NO. 79-2 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Beka, Ltd. dba Happy Joe's Pizza & Ice Cream Parlor, 805 - First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: Passed and approved this 9th 19 79 Mayor Attest: 21,£* , QP C'y City Clerk ABSENT: K9 day of January , RESOLUTION NO. 79-3 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Clyde R. Seaton dba/Seaton's Cash and Carry Market, 1331 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 9th day of January , 19 79 Attest: /��, Q, 23h&, 6 City Clerk Mayor 0- RESOLUTION NO. 79-4 RESOLCIPION ACCEPTING SEWER IMPROVEMENTS IN THE EASTDALE MALL SUBDIVISION WfFJMAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary and storm sewer for Eastdale Mall Subidivision as constructed by Sulzberger Excavating Incorporated of Muscatine, Iowa. AND WHEREAS, Maintenance Bonds for Sulzberger Excavating_ Inc 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 Neuhauser and seconded by Balmer that the Resolution as read be accepted, and upon roll call there were: BALMER dePROSSE ERDAHL NEUtIAUSER FERRET ROBERTS VEVERA Passed and approved this AYES: NAYS: ABSENT: x x 9th day of January , 1979 . Mayor ATTEST: ?/cEs Q• J3rt�/ �fprcj City Clerk —�- its C::?ti�,'.:S t•'..R �..,�./:;u By 7.17e Lag -c3 �'aEas�:ncsy4 44' RESOLUPION NO. 79-5 RESOLUPION ACCEPTING PAVING AND SEWER IMPROVEMENTS IN COURT HILL/SCOTT BOULEVARD ADDITION, PART 4 WHEREAS, the Engineering Department has certified that the following improvenents have been completed in accordance with plans and specifications of the City of Iowa City, Concrete paving and storm inlets as constructed by Metro Pavers, Inc., Iowa City, Iowa, and sanitary sewer and storm sewer as constructed by Weber Brothers, Mechanicsville, Iowa, for Court Hill/Scott Boulevard Addition, Part 4, not including the detention facility. AM WHEREAS, Maintenance Bonds for Metro Pavers & Weber Bros. are on file in the City Clerk's Office, NOW THEREFORE BE rr RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be acEEp—t-jgcf, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 9th day of January' , 1979 Mayor ATTEST: City Clerk RaccivaJ 8 By Tha Eavjai DcparimZIJ i RESOLUTION No. 79-6 RESOLUTION ACCEPTING LIFT STATION IN VILLAGE GREEN SOUTH 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, Lift station in Village Green South, as constructed by Dave Schmitt Construction Company, of Cedar Rapids, Iowa. AND WHEREAS, Maintenance Bonds for Dave Schmitt Construction 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 Neuhauser and seconded by Balmer that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x passed and approved this 9th day of January , 1979 Mayor ATTEST: rc 13h �Q&L& City Clerk Received 8, App;ovod i, By the Legal Departr,,I-nt RESOLUTION No. 79-7 RESOLUTION AUTHORIZING EX=ION of LIFT STATION AND ACCESS EASEMENT AGREEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa City Develo ment Com an , a copy of said being attachedto s Reso u on and by this reference made a part and, WHEREAS, the City Council deans it in the public interest to enter into said lift station and access easement agreement to determine future maintenance responsibility. 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 Iowa City Development Company 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Neuhauser and tended by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Passed and approved this BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Balmer the 9th day of January , 1979, Mayor ATTEST: 7/�' . 01nc( QF City Clerk Received & Approv3d By The legal Department _/- /i -7f / - 7 SANITARY SEWAGE DETENTION FACILITY, LIFT STATION AND ACCESS EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between Iowa City Development Company of Iowa City, Iowa, First Party, which expression shall include their successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include their suc- cessors in interest and assigns, WITNESSETH: For the sum of One ($1.00) Dollar and other valuable consideration, the First Party hereby grants and conveys to the Second Party the following described easements; 1. An easement for the purpose of constructing, re- constructing, operating and maintaining a sewage detention facility and lift station on the real estate described in Exhibit "I" attached hereto and by this reference made a part hereof. 2. A Right -Of -Way Easement over and across the real estate described in Exhibit "II", attached hereto and by this reference made a part hereof, to provide access to the real estate described in Exhibit "I" from Scott Boulevard. The First Party further grants to the Second Party the right to maintain said Access Easement and the right from time to time to trim, cut down and clear away any and all trees and brush on said easement premises which may interfere with the exercise of Second Party's rights here- under. -2 - Second Party shall indemnify First Party against any loss and damage which shall be caused by any wrongful or negligent act or omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said easement premises for all purposes which will not interfere with Second Party's full use and enjoyment of the rights herein granted; provided that First Party shall not construct any obstructions on said easement premises, and in the event First Party shall fence said easement premises, the First Party shall provide a gate or gates for use by the Second Party. First Party reserves the right to change the location of the roadway located on the Access Easement, described in Exhibit "II", from time to time, provided that such roadway as relocated shall be reconstructed with at least 6" of gravel, roadstone or other comparable material at least 12 feet wide. The Second Party shall upon request by the First Party execute releases of the easements granted herein upon the following conditions: 1. In the event First Party desires to definately locate the Access Easement on a 20 foot strip within the real estate described in Exhibit "II", the First Party shall provide the Second Party with a survey description, prepared by a qualified land surveyor, of such roadway as located or as relocated, and the Second Party shall then execute a Partial Release of the Access Easement excepting from such Partial Release the 20 foot strip upon which such roadway is located as shown by such survey. 2. In the event the First Party desires to relocate said roadway and Access Easement at a point in time after the same has been definately located by survey as provided above, then and in that event the First Party shall con- struct such new roadway according to the specifications herein set forth and shall cause such new roadway to be surveyed. Upon execution of a valid easement to the Second Party, covering said roadway, and upon acceptance ofIsuch new roadway by the Second Party, the Second Party shall execute a release of the Access Easement covering the old roadway. 3. In the event the Second Party discontinues the use of both the sewage detention facility and the lift station located on the real estate described in Exhibit "I" hereof, the Second Party shall, after the facilities have been dismantled, execute and deliver to the First Party a complete release of all the easement grants herein as well as any easement granted to the Second Party pursuant to the provision of subparagraph 2 of this paragraph. First Party does hereby covenant with Second Party that it is lawfully seized and possessed of the real estate herein described and that it has the lawful right to convey the same or any part hereof. - 4 - The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants herein shall apply to and run with the land. Dated this C?m1` day of 4e�� 1971 ATTEST: IOWA CITY DEVELOPMENT COMPANY, By 9� i 0047 Ww"WREMMAJ ar McrCreedy�•* CITY OF IOWA CITY BY Mayor City Clem � STATE OF IOWA ss: JOHNSON COUNTY ) On this Cs?o�4y day of 0"A&A6-e17' , 197 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared George Nagle and Richard McCreedy, 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 foreWing 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 George Nagle and Richard McCreedy 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. County RECEIVED b IPPROVED &1 THE LEGAL DEPARTMT r EXHIBIT "I" Commencing at the center of Section 13, T79N, R6W of the 5th P.M.; thence S 0° 39' 00" W, 2650.32 feet along the west line of the SE4 of said Section 13 to the SW corner of the SE.;, of said Section 13; thence N 89° 57' 18" E, 900.00 feet along the north line of the NE-',- of Section 24, T79N, R6W of the 5th P.M.; thence S 0° 51' 12" W, 989.89 feet to a point of the northerly R.O.W. line of the Chicago, Rock Island and Pacific Railroad; thence S 60° 56' 00" E, 1013.00 feet along said R.O.W. line to the point of beginning; thence N 29° 04' 00" E, 100.00 feet; thence S. 60° 56' 00" E, 100.00 feet; thence S 29° 04' 00" W, 100.00 feet to a point on said R.O.W. line; thence N 60° 56' 00" W, 100.00' along said R.O.W. line to the point of beginning. Said ease- ment containing 0.23 acres more or less. EXHIBIT "II" A 20.00 .foot wide access road easement over and across the following described real estate as the said access road is now located and as the same may be relocated from time to time by the Grantor herein, to -wit: A tract in the Northeast Quarter of the Northeast Quarter of Section 24, Township 79 North, Range 6 West of the 5th P.M., which lies Northeasterly of and adjacent to the C. R. I. & P. Railroad right-of- way and South of a line which lies parallel to and 930.00 feet South of the North line of said Section 24. 1&,4 _ -F., RESOLUTION NO. 79-8 RESOLUTION ANNEXING CERTAIN DESCRIBED REAL ESTATE TO THE CITY OF IOWA CITY, IOWA WHEREAS, the Ty 'N Cae, Inc. has petitioned that the following described real estate owned by them be annexed to the City of Iowa City, Iowa, to -wit: Commencing at the N ; corner of Sgction 20, T79N, R6W, of the 5th P.M.; Thence N 88 58' 49" W, 1324.74 feet on the North line of said Section 20 to the NW corner 8f the E 2 of the NW ; of said Section 20; Thence S 0 49' 33" W, 1313.33 feet on the West line of the E 2 of the NW 4 of said Section 20; Thence S 89° 12' 55" E, 323.00 feet on the north line of R.H. Davis Subdivision, an addition of Johnson County, Iowa, as recorded in Plat Book 6, Page 1 and Book 7, Page 1 in the Johnson County Recorder's Office to the NE cogner of Lot 1 in said Davis Subdivision; Thence S 89 12' 10" E, 1000.54 feet to th8 east line of the NW 4 of said Section 20; Thence N 0 52' 40" E, 1308.12 feet on said east line of the NW ; of Section 20 to the point of beginning, except the right-of-way of Mormon Trek Boulevard, subject to easements and restrictions of record. Said tract containing 39.84 acres. (located east of Mormon Trek Blvd. and south of the City limits in the County) WHEREAS, the Planning and Zoning Commission has recommended that the Council annex said real estate, and WHEREAS, the real estate is not located within the urbanized area of any other city except the City of Iowa City, and WHEREAS, the City Council deems it in the public interest to annex said real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the above-described real estate is hereby annexed to the City of Iowa City, Iowa. 2. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution, along with a map of the real estate involved showing its location in relationship to the City of Iowa City, Iowa, to the City development Board. w..:..^Svo:l a .'�-.�?F}r:.✓3•?� ,�y -ehe Legal nepartrres:t -- -- l N 7f— J4.-- -- 44P • Resolution No. 79-8 Page 2 3. That the Mayor and City Clerk are hereby authorized to sign this resolution. It was moved by Balmer and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 9th day of January , 1979. (/�j MAYOR ATTEST: ) CITY CLERK �— STATE OF IOWA SS JOHNSON COUNTY We, the undersigned, Clerk and Mayor of the City of Iowa City, Iowa, do hereby certify that the foregoing Resolution is a true and exact copy of the Resolution adopted by the City Council of the �ity of Iowa City, Iowa, at a regular meeting held on the-j/A day of 4 tt2tr , 1979. MAYOR ATTEST: CITY CLERK i EX I S T I'I /9 4 At 75 tr-1 FL SE JP2 81918 AB 3!STOLFU5 C►TY CLERK 1/4 RESOLUTION NO. 79-9 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WHEREBY THE CITY OF IOWA CITY AGREES TO CONVEY A SCENIC EASEMENT OVER THE CAPITOL STREET RIGHT-OF-WAY BETWEEN THE NORTHERLY LINE OF COURT STREET AND THE NORTHERLY LINE OF THE ROCK ISLAND RIGHT-OF-WAY AND TO VACATE AND CONVEY TO THE UNIVERSITY OF IOWA HARRISON STREET BETWEEN CAPITOL STREET AND MADISON STREETS. WHEREAS, it is in the public interest to locate the new Johnson County jail and Sheriff's offices within Iowa City, and WHEREAS, it is in the public interest to maintain a vista of Old Capitol on the southerly approach, and WHEREAS, Johnson County, the University of Iowa and the City of Iowa City have negotiated an agreement which will be mutually beneficial. 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 an agreement regarding real estate with Johnson County and the University of Iowa. It was moved by Neuhauser and seconded by Balmer that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 9th day of January , 1979 MAYOR ATTEST: CITY CLERK O RECEIVED & APPROVED BX THE LEGAL DEPARTMENT i- y- 7Y 4"'c_ /7 AGREEMENT REGARDING REAL ESTATE Whereas, Johnson County, Iowa, has petitioned the City of Iowa City to vacate Capitol Street between the southerly line of Court Street and the northerly line of Harrison Street; and Whereas, Johnson County, Iowa, has requested that, upon vacation, that portion of the Capitol Street right-of-way be conveyed by the City of Iowa City to Johnson County, Iowa, for use as the site for a new county jail and sheriff's office; and Whereas, the University of Iowa has stated its concern regarding•the aesthetic impact which that proposed site would have on the southerly approach to Old Capitol; and Whereas, the parties to this agreement, subject to approval of the City of Iowa City, desire mutually to seek to assure expeditious development of a new county jail without any detrimental impact on the southerly approach to Old Capitol; Now, therefore, it is mutually agreed as follows: 1. The State of Iowa, upon the recommendation of the University of Iowa and the State Board of Regents, will convey a parcel of land to Johnson County, Iowa, for construction of a new jail and sheriffs offices. The parcel to be conveyed will be one of the configurations and locations shown on the exhibits attached hereto as Attachments A, B and C. 2. The specific conveyance will be chosen from Exhibits A, B and C by Johnson County, Iowa. Selection of the specific conveyance is to be made following more detailed site and design analysis by Johnson County. 3. The City of Iowa City will convey to the State of Iowa a scenic easement over the Capitol Street right-of-way between the northerly line of Court Street and the northerly line of the Rock Island Railroad right-of-way. Said easement shall be perpetual and shall covenant that no building will ever be built on that right-of-way and that it would be maintained as open space for street or other non -building use. -z- 4. In addition, the City of Iowa City shall, upon application by Johnson County or the University of Iowa, commence vacation proceedings for Harrison Street between Capitol and Madison Streets for disposition to the University of Iowa. Conveyance to the State of Iowa of this one -block right-of-way is to be a condition of the conveyance to Johnson County described herein. JOHNSON COUNTY, IOWA Harold M. Donnelly Chairman, Board of Supervisors Attest: Approved: CITY OF IOWA CITY By: '�e'•�� Robert A. Vevera Mayor Attest: City Clerk STATE OF IOWA By: W. C. Wellman, Secretary Executive Council of Iowa 44 Executive Se tary State Board f Regents n FE ZSGoO 'SF HAKRISoN +s2o AviKty%. seal. PACWTISS I"t t0 PA. TI -5 35 Zo 0 SF 1 FIQQRo��cla Fr7SEv.�r�ri' 120000 SF C2. -7S c,c) 9 tQ ahhs - M J I 25GO O SF HAIMISoN 3.20 APPRo(�C- H E RSE wI FVI.Y � 12ooOfl i SF \ d 100 r— N QQrmc. scglo pACWTISS ',L A/ 14• Q 0 d u m/As — J r 25600 ' SF I HARR15oN 17 o% OLO C(�,Q �1PP�2o�aC�1 IZpp00 ' SF Il C.O i N Q�nto'!�• ic41� P ReNTISS R in 0 o. V RESOLUTION NO. 79-10 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR OLD CAPITOL CENTER WHEREAS, the owner, Old Capitol Center Partners, 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 Northeast corner of Block 84, Original Town, Iowa City, Johnson County, Iowa, as shown on plat recorded In Johnson County Recorder's Office, Book 1, Page 116, said point being the intersection of the existing westerly right- of-way line of Clinton Street with the existing southerly right-of-way line of Washington Street; thence south 527.60 feet along said existing westerly right- of-way line of Clinton Street to a point (this is an assumed bearing for purposes of this description only); thence west 341.89 feet to a point of intersection with a line parallel with and measured in a westerly direction 20.00 feet perpendicularly from the existing easterly right- of-way line of Capitol Street; thence north 548.16 feet along said line parallel with and measured in a westerly direction 20.00 feet perpendicularly from the existing easterly right-of-way line of Capitol Street to a point of intersection with a line parallel with and measured in a northerly direction 20.00 feet perpendicu- larly from the existing southerly right-of-way line of Washington Street; thence south 890 54' 20" east 210.00 feet along said line parallel with and measured in a northerly direction 20.00 feet perpendicularly from the existing southerly right-of- way line of Washington Street to a point; thence south 00 05' 40" west 20.00 feet to a point of intersection with said existing southerly right-of-way line of Washington Street; thence south 890 54' 20" east 131.93 feet along said existing southerly right-of-way line of Washington Street to the point of beginning; and subject to easements of record, and containing 184,581 sq. ft. more or less. WHEREAS, said property is owned by the above-named party and no dedications 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, Peccived ^u PI:jr rri,,rti By Th3 Leval Depart . cn4 /d Resolution No. 79-10 Page 2 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 Iona 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 _9th day of January , 1979. It was moved by Balmer and seconded by Neuhauser that the Resolution as rea eta o�pt_e_C, and upon roll ca tTi ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE X ERDAHL x NEUHAUSER x PERRET x ROBERTS X VEVERA MAYOR ATTEST: 7/afr 'Q. CITY CLERK ✓ 17 A 1✓�1J RESOLUTION NO. 79-11 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GOVERNOR STREET 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 plane, 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 $10,000 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 bide 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 22nd day of JanUary , 19D. 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 23rd day of January , 1919-_. F:str-ivy<7 a°a A.^sem✓-d By ho ).seal acpa eu'nanli /- '-/- 7 9 IML Page 2 Resolution No. 79-11 It was moved by Balmer and seconded by --Rgberts that the,Resolution as rea e3Ti a—Topteec, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 9th day of January , 1979, ATTEST: /«i_s�) F&Ce, � t;a' U& CITY CLERK f aX, MAYOR RESOLUTION No. 79-12 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH STANLEY CONSULTANTS WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Stanle Consultants , a copy of said agree ment� being attac to s Resolution s reference made a part herd and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for design and inspection services for a storm water and detention structure on the North Branch of Ralston Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized arra directed to execute the agreement with Stanley Consultants 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Neuhauser and seconded by Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS Balmer the X VEVERA Passed and approved this 9th day of January 1979. Mayor ATTEST: 2,Z�,SHe41 l p�tfy City Clerk peccivcccl By The Lcga9 Dcpar3a2�2n4 7% Ni 12111L AGREEMENT This Agreement, made and entered Into thisg� day of 19L9, by and between the City of Iowa City, a municipal co ®rat on, herein- after referred to as the City and Stanley Consultants, Inc., of Muscatine, Iowa, hereinafter referred to as the Consultant. Now therefore, itis hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. SCOPE OF SERVICES The City of Iowa City is planning construction of a storm water detention structure(s) on the north branch of Ralston Creek adjacent to Hickory Hill Park. This Project is described in a report entitled Ralston Creek Watershed - Existing Conditions, Problems and Needs prepared by Powers and Associates and Lindley and Sons, Inc., and dated March 21, 1977. The project is further described in an unpublished report entitled Ralston Creek Project, Hickor Hill Storm Water Sites, January, 1977, by Powers -Willis and Associates. The Consultant is to provide the following services: 1. Design Phase a. Preliminary Design b. Final Design 2. Bidding and Construction Phase 3. Additional Services of the Consultant 4. Property Acquisition 5. Property Survey 1. DESIGN PHASE a. Preliminary Design The objective of this portion of the study is to review past work on this Project and update or modify such work as may be necessary to optimize the location, size, and design details of the storm water detention structure(s). Such work shall include the following: 1. Review past studies and rppports. 2. Review stream gauging data on Ralston Creek. 3. Develop flood routing model and calibrate with stream gauging data. '-2 ; 0 0 4. Review of preliminary culvert design. S. Review of preliminary spillway design. 6. Calculate and plot water levels for a 5, 10, 25, 50 and 100 year storm. 7. Develop tail water rating curves. 8. Discuss this project as necessary with the Iowa Natural Resources Council. 9. Prepare preliminary cost estimate. 10. Provide recommendations to the City regarding the amount of land to be purchased or acquired under easement and recommend land use policies for the area upstream of the structure. The Consultant shall coordinate closely with the Department of Planning and Program Development and the City Engineer to coordinate the Consultant's work with the City's comprehensive plan and with utilities in the area including storm sewers, sanitary sewers, etc. The Consultant shall also coordinate with all utility companies and land owners in the area to receive their input. During property acquisition procedures, land owners in the area of the storm water detention structure(s) may ask for a waiver from the Storm Water Management Ordinance. The Consultant will provide recommendations to the City regarding policies on a waiver of the Storm Water Management Ordinance for upstream property owners. All of the above information shall be prepared in a preliminary report and the Consultant shall furnish five (5) copies of the document to the City for approval. b. Final Design After City approval of the preliminary report and upon written authoriza- tion to proceed, the Consultant will begin the final design phase which will include: 1. Preparation of required contract forms, including the proposal forms and notice to bidders, drawings, technical specifications, and other documents as needed to complete the construction contract documents. 2. Advise the City of any changes in the Consultant's latest opinion of the probable project construction costs caused by changes in scope, design requirements, construction costs or other conditions. 3. The Consultant shall assure that the contract documents meet all requirements of local and Federal affirmative action and equal opportunity programs. The Consultant will coordinate with the City's Human Relations Department to assure that all required non-discrimination and equal opportunity statements and programs are included in the contract documents. This Project is being funded with Federal funds and the contract documents should include all other applicable Federal regulations. 4. The Consultant shall furnish the City with five (5) copies of the plans and specifications for the final review by the City. During the preliminary and final design phase, the Consultant shall work closely with the Iowa Natural Resources Council and other approving agencies as necessary. The Consultant shall be responsible for obtaining approval from the Iowa Natural Resources Council for this design. During this phase of the Agreement there may be a need for soilrings. The Consultant will provide the City with a ragope of services for such borings and the City will be responsible for hiring and compensation of a soils consultant of the City's choice. 1�y .. BIDDING AND CONSTRUCT PHASE The Consultant shall provide the following services in this phase upon written authorization from the City: a. Assist the City in securing bids and providing bid documents for contractors. b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts. C. Assistance on the preparation of the formal documents for award of the contract. d. Review shop drawings and samples, the results of tests and inspections and other data which any contractor is required to submit for general conformance with the design concept of the project and general compliance with the information given in the contract documents; determine the general acceptability of substitute materials and equipment proposed by contractor(s); and receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. This review does not relieve the construction contractor or supplier from responsibility for errors, correctness of details, or conformance with the contract(s). e. The Consultant and the City shall discuss interpretation of the requirements of the construction contract documents. The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City. f. Review and process application for progress payments. g. Conduct an inspection to determine if the project is substan- tially complete and a final inspection to determine if the project has been completed in accordance with the contract documents and if each contractor has fulfilled all of his obligations thereunder so that the Consultant may approve, in writing, final payment to each contractor. h. Issue all instructions of the City to the contractor; prepare routine change orders as required for approval by the City; and require special instruction and testing of the work as the Consultant deems necessary. Make visits at appropriate intervals to the site of the project to familiarize himself generally with the progress and quality of the work and determine in general if the work is proceeding in accordance with the construction contract documents. On the basis of on-site observations, the Consultant shall endeavor to guard the City against defects or deficiencies in the work of the contractor and may disapprove or reject work as failing to conform to the construction contract.. The Consultant shall not be required to make exhaustive or continuous on-site observations to check the quality or quantity of work. The Consultant shall not be responsible for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the work. He shall not be responsible for any failure of the Contractor(s) to carry out the work in accordance with the construction contract(s). 3. ADDITIONAL SERVICES OF THE CONSULTANT If authorized in writing by the City, the Consultant shall furnish or obtain from others the additional services of the following types which are not considered normal or customary basic services. These will be paid for as stated in Section V, Compensation for Serviets. 0 0 a. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. b. Assist the City as expert witness in litigation arising from the development or construction of the Project. Preparation of operating and maintenance manuals, extensive assistance in the utilization of any equipment or system, and training personnel for operation in maintenance. d. Preparation of original contract drawings modified to reflect significant changes made after the contract(s) award or during construction progress. These Mylar reproducibles shall be provided for the City's files and use and be based on data furnished to Consultant by the Contractor or City, or furnished by the Resident Project Representative if provided by the Consultant. The Consultant shall not be liable for use of such documents on other projects. Services resulting from significant changes in general scope of the Project or its design including, but not limited to, changes in size, complexity, and revising previously accepted studies, reports, design documents, or contract documents when such revisions are due to causes beyond the Consultant's control. Technical observation of construction by a full-time Resident Project Representative and supporting staff. The duties, responsibilities and the limitations on the authority of the Resident Project Representative and assistants are as set forth in Exhibit A and are made a part of this Agreement before such services begin. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the work. Providing field "stake out" of work beyond the initial stake out under the survey phase of this Agreement. Any other services not otherwise provided for in this Agree- ment, including, without limitation, the services normally provided by the City as described in Section III of this Agreement. 4. PROPERTY ACQUISITION The City will acquire property for this Project under provisions of the Federal Uniform Relocation Assistance and Real Property Acquisition policy guidelines. The Consultant services under this portion of the Agreement shall include the following: a. Determine alternative acquisition boundaries and policies and recommend a strategy to the City. Also see Preliminary Design Phase. b. Hold discussions with property owners to apprise them of the Project and answer questions. C. Coordinate appraisal and purchase negotiations. It will be the responsibility of the City to hire and compensate appraiser(s) as necessary to fulfill the obligations of the Federal Uniform Relocation Act. d. Assist in acquisition proceedings. a� w • e. Determine potential crop loss due to flooding. 5. SURVEYS The Consultant shall provide the following surveying services: a. Construction staking - one time field stake out of construction. Additional field stake outs shall be done as part of the Additional Services of the Consultant. b. The Consultant shall provide a scope of services for additional surveying so that the City may hire a local surveying Consultant to do the following work as necessary: 1. Provide topographic mapping with two foot contours. 2. Establish bench marks. 3. Do stream profile and cross sections. 4. Prepare metes and bounds description of the entire parcel owned by each property owner and the parcel to be acquired by outright acquisition or easement. 5. Flag the high water line. 6. Survey existing property lines and survey property for acquisition or easement. The City of Iowa City will be responsible for the hiring and compensation of the local Consultant. The City of Iowa City will be responsible for making all offers and negotiations of compensation, leases, etc. GENERAL TERMS 1. The Consultant or the City may terminate this Agreement upon seven (7) days notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work status satisfactorily completed under Phases 1, 2, 3, 4 and 5 and accepted by the City. The portion of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, each side shall pick an arbitrator. These two arbitrators shall pick a third arbitrator and the City and the Consultant shall be bound by the decision of the arbitrators. 2. In the event of any disagreement as to the meaning or scope of this Agreement that cannot be resolved to the mutual satisfaction of both parties concerned, the disagreement shall be referred to a three member arbitration panel with one member selected by the City, one selected by the Consultant and the third to be selected by the two arbitrators. Each party shall be finally and fully bound by the decisions of the arbitration panel and said panel shall have full authority to allocate the cost of such arbitration between the parties. The agreement to arbitrate is limited to disagreements as to the meaning and scope of the Agreement; nothing herein shall be construed to bind the parties to arbitration nor to bar legal remedies in law or in equity with regard to civil liability, breach of contract or other issues arising from this Agreement. 3. Venue of any suit or cause of action under this Agreement shall lie in Johnson County, Iowa. 4. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly authorized representative shall a7 0 0 have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examinations, excerpts, and trans- criptions. It Is agreed such examinations by any party shall be made at the Muscatlne, Iowa office. S. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 6. It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance, and all clerical detail involved in their employment. 7. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 8. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirement made by the above named representatives of the City shall be given with reasonable notice to the Consultant so that he/she may attend. 9. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 10. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 11. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4• Make all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifica- tions, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. 1?2 IV. TIME OF COMPLETION The Consultant will complete the various phases of this Agreement from the times listed below: Phase 1a - Preliminary Design The preliminary design phase will be completed within one hundred and twenty (120) days after signing of this Agreement. Phase 1b - Final Design This phase will be completed within ninety (90) days after written authorization to proceed. Phase 2 - Bidding and Construction Phase There will be no specific time limits on the bidding and construction phase. Phase 4 - Property Acquisition There will be no specific time limits on the property acquisition phase. Phase 5 - Property Survey There will be no specific time limits on the property survey phase. V. COMPENSATION FOR SERVICES Compensation to the Consultant and other conditions of service shall be in _ accordance with "Schedule of Hourly Fees and Charges for Professional) Services" in effect at the time the work is performed. A copy oft e current schedule is attached as Exhibit B. Estimates of cost and ,fee limitations for phases of services outlined above are as follows: Phase 1a - Design Phase - Preliminary Design Estimated cost of this phase based on completion of the phase is $30,500. Phase 1b - Design Phase - Final Design Estimated cost of this phase based on completion of the phase is $29,900. The total fee for Phase 1a plus 1b of the Project shall not exceed $60,400. Phase 2 - Bidding and Construction Phase The total fee for this phase of the Project shall not exceed $11,500 based on completion of the work before March 31, 1980. A prorated adjustment of this fee limitation will be made to reflect fees and charges in effect for work performed on this phase after March 31, 1980. Phase 3 - Additional Services of the Consultant This phase of services on the Project has no fee limitation. Phase 4 - Property Acquisition The total fee for this phase of the Project shall not exceed $14,400 based on completion of the work before March 31, 1980. A prorated adjustment of this fee limitation will be made to reflect fees and charges in effgct for work performed on this phase after March 31, 1980. Phase 5 - Property Survey This phase of service on the Project has no fee limitation. �29 General Items listed in Section II of Exhibit B are included in the not to exceed figures listed above. The fees listed in this section will be billed and due payable monthly. With each billing the Consultant shall list the classifica- tion, the hours worked and the hourly rate for each phase of the contract. Billings shall be broken down into the following cate- gories: 1. Design Phase a. Preliminary and Final Design 2. Bidding and Construction Phase 3. Additional Services of the Consultant 4. Property Acquisition 5. Property Survey The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no .oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: STANLEY CONSULTANTS, INC. MAYOR ATTEST: CITY CL RK RECEIVED & APPROVED By THE LEGAL DEPART999T 30 STATE OF IOWA ) ) ss JOHNSON COUNTY ) On this Vii, day of1977, before me, a Notary Public duly commissioned and qu lified in and for said County and State, personally appeared gobertA.VeYela, Mayor of the City of Iowa City, Iowa, and Vic k r T. Fire j pEpLL{y City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year lastabove written. Notary Public in and fo Johnson County, Iowa STATE OF pWg ) ss COUNTY OF Muscca�+ne. ) On this lv(a N 1979 day of JQC1�1Qf198; before me, the undersigned, a Notary Public in and for sa�County and said State, personally appeared K. M.Bcioh� and V(oj}�rOGyla e , to me personally known, who I being by me duly sworn, did say that they are the yrc-e 1� ¢e�c��n} and (�ssis�or�� Sc.,-crAgA N respectively, of said corporation; that (the seal affixed thereto—e 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 Vo;. tea. Aetn� and Assia�enE Sc.crciora 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. ary Public in and for said ounty and State TO TERMS AND CONDII BETWEEN THE OWNER AND THE CONSUL FOR PROFESSIONAL SERVICES Dulue;, Rust)( tiesand L unihihons ul the Aulhurily of Ihr. Rr_ 1'rolnc1 liepres walivo(xl A. GENERAL The Resident Project Representative is the CONSU LTAN T's Agent and shall act under the supervision and direction of the CONSULTANT. B. DUTIES AND RESPONSIBILITIES The Residenl Projecl Ropmmmlallvu shall 1. Schodulo: lirwnw Ihn pr!gu!ss snhod!do pu1!aral by Ile, Con l iarlol (s) lel e:ungdsnu;e will! Ihu cuI!tinrl (•:) and ipve wnl Inn advice w the CONSUI. TANT runnimmng its accoplabllity 2. Conferences: Attend pre- construction conferences Ar range a schedule of progress meetings and other job conlel ences as required in consultation with the CONSULTANT and notify in advance those expecWd to attend. Maintain and circulate copies of records of the meetings. 3. Liaison: a. Serve as the CONSULTANT's liaison with the Contractor(s) working principally through the Contractor(s)' superinten- dent(s). Alert the Contractor(s), through his superintendent, to the hazards involved in accepting and acting upon instructions from others, except such instructions transmitted through the CONSULTANT. b. Cooperate with the Contractor(s) in his dealings with the various local agencies having jurisdiction over the PROJECT in order to complete service connections to public utilities and facilities. c. Assist the CONSULTANT in obtaining from the OWNER additional details or information, when required at the job situ for proper execution of the work. 4. Approvals: When required, assist the CONSULTANT in ob- I:unvul born Ihu Cori lrc.lur(s) a list of his proposed suppliers nod �.ulrnrdral.u,c: 5. Samples: Asslsl the CONSULTANT Ili obuunmg field sam I lie, of nvdunals delivered to the site which eft: required to be lurnishod, and keep record of actions taken by the CONSULT- ANT 6. Shop Drawings: a. Receive reviewed shop drawings and other submissions from the CONSULTANT; record the data received, maintain a file of the drawings and submissions, and check the construction for compliance with them. b. Alert the Contractor(s)' superintendent(s) when he observes materials or equipment being installed before review of shop drawings or samples, where such is required, and advise the CONSULTANT when he believes it is necessary to disap- prove work as failing to conform to the construction con- tract(s),. 7. Review of Work, Inspections and Tests: a. Conduct on-site observations of the work in progress for the CONSULTANT as a basis for determining that the PRO- JECT is proceeding in accordance with the construction contract(s). b. Disapprove of or reject work observed which is defective; i n., it is unsatisfactory, faulty, or does not conform to the requirements of Ihr. construction contract(s). c. Verily that tests, including equipment and systems start- up, which are, required by the construction contract(s) are con- ducted and [hal the Contractor(s) maintains adequate records thereof; observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the out- come of these inspections and report to the CONSULTANT. 8. Interpretation of Construction Contract: Transmit to the Contractor(s) the CONSULTANT's interpretations of the con- struction contract(s). 9. Modifications: Consider and evaluate the Contractor(s)' sug- gestions for modifications in the drawings or specifications and report them with recommendations to the CONSULTANT. m 10. Records: a. Maintain al Ihr. lot) silo elderly Ides lot connspondenrr, mpnt Is of job (loll fm unces, shop dl,lwings and other submissions, ngvoducliuns of unlpnnl contincl docunuills inrludbul all ad dont Lr (,himgu nulhunrmuus, hold ul dols, and adds uunal draw 11141:. vaned :alh;rlpnvl to the awuad of div (.nnlm!.Ih). Ile I:uN5t11 I AN I's unci pu!lahulrs of Ihn conal ucunu r.euunrul•.I. pruiprrts rmpurls, and ulhm PROJECT relater] dorumen n, It. Keep it diary or log book, recording holes on the lob site, wmilhm conditions, list of visiting officials, daily arlivities. delusions. observations in general and specific observations in more delail as hi the vaso of observing the test procedures. c. Record the names, addresses and telephone numbers of all contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorised changes are noted, and deliver to the CONSULTANT at the completion of the PROJECT. 11. Reports: a. Furnish the CONSULTANT periodic reports as required of progress of the PROJECT and the Contractoi(s)' compliance with the approved progress schedule(s). It. Confer with the CONSULTANT in advance of scheduled major tests, inspections or start of important phases of the PROJECT. 12. Payment Requisitions Review applications for payment with the Contractor(s) for compliance with the established procedure for their submission and forward them with recommendations to the CONSULT- ANT, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals During the course of the work, assemble the Guarantee:,, Cuiifl canes, Maintenance and Operation Manuals and other required data to be furnished by the Contractor(s) and upon acceptance of the PROJECT, deliver this material to the CONSULTANT for his review and forwarding to the. OWNER. 14. Completion: a. Prior to inspection for substantial completion, submit to the. Contractor(s) a list of observed items requiring corrections. b. Conduct final inspection In the company of the CONSULT- ANT and the OWNER and prepare a final list of items to be corrected. c. Verify that all items on the final list have been cos rectod and make recommendations to the CONSULTANT concelninn acceptance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of the CONSULTANT the Resident Project Representative. L. Shall riot authorise any deviation from the construction contract(s) or approve any substitute materials or equipment 2. Shall not undertake any of the responsibilities of the Con- tractor(s), the subcontractors or the Contractor(s)' superinten- dent. 3. Shall not expedite the work for the Contractor(s) 4. Shall not advise on or Issue directions relauve to any aspect of the means, methods, Ierhnlques, sequences or procedures of construction unless such is specifically Milled for in Ihr. Cori struclion Contracl(s). 5. Shall not authorise [fir! OWNER to occupy the PHOJI. C I in whole or in part 6. Shall not pancclpale in specwhied lead or labouanty Was or Inspections conducted by olhors. 7. Shall not assist contmclor(s) in rnainlam11vt up -to date copy of Record Drawings. 3a2- STANLEY CONSULTANTS SCHEDULE OF HOURLY FEES AND CHARGES FOR PROFESSIONAL SERVICES FY 1978-79 I. Compensation for office -based personnel located in the contiguous United States for time used in the performance of the work shall be in accordance with the following Hourly Fees. Classification Hourly Rate Classification Hourly Rate SC -1 8.50 SC -8 27.60 SC -2 10.80 SC -9 31.40 SC -3 12.70 SC -10 35.70 SC -4 15.00 SC -1 1 41.50 SC -5 17.90 SC -12 54.30 SC -6 21.00 SC -13 68.00 SC -7 24.10 SC -14 84.00 Travel time in the interest of the work and away from the assigned office, either local or intercity, will be charged in accordance with the foregoing schedule. When traveling by public carrier, the maximum charge will be eight hours per day. ll. Compensation for items of expense and other charges incurred in connection with the performance of the work shall be in accordance with the following schedule: Commercial Travel Net Cost SC or Personal Car $0.18/mile Carry -all Survey Vehicles $0.20/mile SC Airplane- Normal Charge $0.28/passenger mile SC Airplane- Minimum Charge $0.60/air mile ATS Terminal and Outside Computer First Preparation $3.75/page Revisions or Addenda $2.50/page Mag Card Typing $3.50/page Living Expenses (away from assigned office) Net Cost Telephone and Telegraph Net Cost Equipment Rental Net Cost Laboratory Work Net Cost Soils Testing and Analysis Net Cost Special Outside Consultation Net Cost Outside Photographic Work Net Cost Duplicating Work (schedule supplied upon request) III. Computer use for which special or customized programs are established shall be charged at a cost per unit. Computer use for which such programs have not been established shall be charged on an hourly basis. Unit and hourly charges include costs of programming and computer operation. Rates for special programs and customized programs and current hourly charges will be provided upon request. IV. Statements will be submitted and payable monthly. V. Stanley Consultants will indemnify, defend, keep and save harmless our Client, its agents, officials, and employees against all sults or claims that may be based on any bodily injury or damage to property that is the result of an error. omission, or negligent act of Stanley Consultants, or any person employed by Stanley Consultants, VI. Certificates of insurance coverage will be supplied upon request. VII. Exceptions to or deviations from any of the foregoing terms shall be valid only as specifically and mutually agreed upon. VIII. All charges are subject to revision at the beginning of our next fiscal year - April 1, 1979. HF 4/24/78 M EQUAL OPPORTUNITY CLAUSE 1. The company states that it is an equal opportunity employer and shall not commit any of the following employment practices, and agrees to prohibit the,following practices in any subcontracts. a. To refuse to hire or to discharge from employment any in- dividual because of their race, color, religion, sex or national original. b. To discriminate against any individual in terms, conditions, privileges of employment or in any other way discriminate because of race, color, religion, sex or national origin. 2. The company agrees to comply with the contractual obligations for participants on Federal or Federally assisted construction and/or non -construction projects as set forth in Executive Orders 11246 and 11375 and rules and regulations issued pursuant thereto. a. The City agrees to provide the best information available on the Federal requirements for Federal or Federally assisted projects. b. The City agrees to provide technical assistance to the Company to come into compliance with the Federal regulations. C. The Company agrees to provide the City with a copy of its affirmative action program. 3. In accordance with the Affirmative Action Program of the City of Iowa City, the Company hereby agrees to file a "Statement of In- tent: Non -Discrimination and Equal Opportunity Statement" attached hereto when submitting its bid. STATEMENT OF INTENT Non -Discrimination and Equal Opportunity Statement. This company does hereby certify to the City of Iowa City that it is an equal opportunity employer and sets forth as a minimum the equal opportunity employment standards of Title VII of the U.S. Civil Rights Act of 1964. These standards state that no person shall in any way, be favored or discriminated against because of race, color, religion, sex or national origin. This company agrees to comply with the City's Contract Compliance Program. When doing business with the City on a project funded in whole or in part by Federal money, it further agrees to comply with all Federal rules and regulations for contract compliance. This statement is submitted to comply with the City's policy to ad- vance equal opportunity principles in conducting the City's business.- COMPANY usiness-- COMPANY E U IVE OFFICER i /./y. lell /,�� UAL EMPLOYMENT0U RTU OFFICER f U �4f ADDRESS 0 FICER 081H RESOLUTION N0. 79-13 A RESOLUTION ADOPTING A NEW SCIOXJLE OF FEES FCR WATER MAIN INSTALLATION WBEREAS 633-169 of the Municipal Code of Iowa City authorizes the Director of Public Works to establish fees and charges for various con- sumer services, and WHEREAS, the cost of pipe fittings and labor have increased, NOW TIiERMM, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following water connection fees are hereby established for connection to the City of Iowa City water distribution system: 6" main -------------- - --- $ 8.50 ----------- — ---- --linear foot 8" main------------------- 11.00 ----------------linear foot 10" main------------------ 14.00 ----------- --- ---- linear foot 12" main-------------=--- 17.40 ------------ ------ linear foot 16" main------------------- 23.10-- -------- --- ---- linear foot BE IT FURTHER RESOLVED that this resolution shall be in full force and effect on the date of February 1 1979 , and that all resolutions in conflict are hereby repealed. It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were: 11000K�:.you x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 9thday of January , 1979. ATTEST: Z/-ec-4 i, CITY t' J 37 RECEIVED. ... �7ED BY TEM 1 nL.:U:TI616 \1P RESOLUPION No. 79-14 RESOLUTION AU1WRIZING EXECUTION OF AMENDMENT TO CONTRACT FOR TECHNICAL SERVICES WITH VEENSTRA & KIMM WHEREAS, the City of Iowa City, Ioara, has negotiated an amendment to a contract with Veenstra & Kim , a copy of said amenchnent being attachiiI to this Resolution and by this reference made a part l�e�, and, WHEREAS, the City Council deems it in the public interest to enter into said amendment to the contract to provide for inspection and contract supervision of the Corridor Sewers 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 amendment with Veenstra & Kimn 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting same. It was moved by Neuhauser and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA passed and approved this 9th clay of January- , 1979. Mayor ATTEST: 1/ic%i Q, steel City Clerk By Tile L;ra9 Gclsav :3 n4 -v-J9 f//c� lee, . /�6 SECOND AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND VEENSTRA & KIMM RIVER CORRIDOR SEWERS WHEREAS, the City of Iowa City, hereinafter referred to as the City, has entered into a contract with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, to prepare plans and specifications and provide other technical services for the River Corridor Sewers project, and WHEREAS, said services extend only through the award of a construction contract, and WHEREAS, said plans and specifications are substantially completed and the contract documents are substantially in a form to permit the advertisement for bids, and WHEREAS, the City has completed the preparation of a Facility Plan necessary for the cost of said project to be eligible for state and federal aid from funds administered by the Iowa Department of Environmental Quality and the U.S. Environmental Protection Agency, 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 River Corridor Sewers project, 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 project 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. 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 project: -1- 39 "V. STEP 3 GRANT APPLICATION. The Consultant shall prepare the application and supporting documents for the Step 3 grant. VI. GENERAL SERVICES DURING CONSTRUCTION. The Consultant shall provide general services during construction, including: A. Establish bench marks and/or base lines to permit starting construction work. B. Consult with and advise the City and prepare routine change orders as required. C. Coordinate work of testing laboratories. D. Assist in interpretation of plans and specifications. E. Review shop drawings and data of manufacturers. F. Process and certify payment estimates of contractors to the City. G. Attend and conduct a preconstruction conference. H. Make routine and special trips to the job site as required. I. Provide written monthly progress reports to the City showing progress on the project. J. Attend conferences with the City, contractors, the University of Iowa and public utility companies. K. Make a final review after construction is completed to determine that the construction complies with the plans and specifications and certify the completion of the work to the City. L. Provide the City with two complete sets of plans showing the final construction. VII. 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. 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 subject to the agreement of the parties hereto. -2- -1 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. VIII. COMPENSATION FOR STEP 3 SERVICES A. 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. B. 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. C. 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. D. 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. E. The maximum actual costs and the fixed fees, shown on Form 5700-41, shall be as follows: (1) For general services during construction, the maximum amount chargeable under this amendment for the actual costs incurred is FORTY-SEVEN THOUSAND, FIVE HUNDRED THIRTEEN AND NO/100 DOLLARS ($47,513.00). The fixed fee for general services during construction is SEVEN THOUSAND, ONE HUNDRED TWENTY-SEVEN AND N0/100 DOLLARS ($7,127.00). B911 7� (2) For r__.Jent review and construction st ng, the maximum amount chargeable under this amendment for the actual costs incurred is ONE HUNDRED NINETY-SEVEN THOUSAND, FOUR HUNDRED SEVENTY-FOUR AND NO/100 DOLLARS ($197,474.00). The fixed fee for resident review and construction staking is THIRTY THOUSAND THREE HUNDRED EIGHT AND NO/100 DOLLARS ($30,308.00). F. The Consultant is to be compensated only for the Step 3 services specifically set forth for compensation under paragraph VIII. E. No other compensation will be due the Consultant." 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. 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 not 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 1?Z1, day of ,Ly, 1979. CITY OF IOWA CITY ATTEST: 8y ��it��vf Gti �/���C4c� By 7�u�i r L3KE/, F Mayor City Clerk ATTEST: RECEIVED & APPROVED 8S ,THE LEGAL DEPARTMENT /-x'79 -4- y� APPr.Nelx C-1 REQUIRED PROVISIONS—noNsts-...... ENGINEERING AGALCMENTO 1. Oencral. 2. nesponR1b111Ly of the engineer. 3. Scope of work. 4. Changes. 0: Termination. 0, nemedlcs. 'I. payment. 0. 1'ro)ect design. 0. Audit; access to records. 10. Prlco reduction for attractive coat or pricing data. 11. Subcontracts. 12. I.nbor stnndartln. 13. Equal employment opportunity. 14. Utilization of small or minority busl- nem. 15. Covenant against contingent fees. 10. Grntultles. 17. POLents. 18. Copyrights and rlghtn In data 1. GENERAL (n) The Owner nntl the Enithtorr tilgree that Lite. fallovo prnvl:;ln is shall Apply Ln the. EIIA grnnL-ellgh,bi work In be performed bin or this ngrocnent sad that onrli pan. v sinus Ahnll Nup"%ede any COIIIIICLIng pro- vinllmn sof ttlR ngreaultrnt. (b) The work under thin ngrrrmrnl Is (rattled In pnrt by a grnnL from Else 11 N. Ft. vlrmlrnenlnl Protectlon Agency, Wither the Uullyd Stairs, nor Lite 1111 I:nvlronmonlnl PrGiectlon Agency lhcrelunflrr, "EPA") Is a party to Lill, ngreenwnt. 1'ms Agreement which rarer, grunt -eligible wnrk Is suh)ect to rrgnatlon, contained In 41) CI•'n :15.1130, 35.0:17. Rall 35030 In CITICE on the date, of rx^cutlnn of lilts Agreement. AS used In these rl nucrs, the word, "the dale of execution of this agreement' mean the date of execution of tht agreement Aid tiny nutinequent modification of the tern%, cnmpensntlon or scope of services pertinent to unperformed work. Ica 17c rights and rrntcdlrR of the owner provhlcd for In theta ciatmen tore In Addition In Ally other rl;;h L, mud remedies provided by law or under this agreement. 2. ILM'oNemll.rr4 or TIIr. ENGINEnn (a) The Engineer Ahnll be responsible for the prdrA:dounl quality. Lechulcol necul'ney. Lluu•q• (nunpletiOn. and Lia Coordination of all drlJgnA. drnwings. Nprrllimtlnn.+. reports, mad ,.her AcrvlccN fume,hed bV.the Enghmrr unrirr thin ngrerm¢nt. This Iiry;InecP NhAll, n•IlhonL nddlllonnl conquu¢nllnn, cmirct or rrvlao nay realise mnl.rinns Gr other dolrinn- Cie% In 1114 tloidgiln. drawings• npcelllcntlons, report, mud nl.ltrr:services, (h) The Engineer Allah perform assets pro. fr:,a... nl ncrvlceA n, Inny be necrnrguy to nr- rnnnlli.h the, work iegolred to, hr performed uudrr tbb nkrc,mcnL, lu nccoirdnnce with this ngreenteuL And Applicable FPA requlre- ntrnL.N m meet an the date of execution of this neiecmcnt. (c) Approval by Lhr Owner or FPA of drnwingn, dcsdgnn. npccillenlloan, reports. and Ineldening engineering work or materials fur- nished hcretmder Shall not In any way re- lieve the Engineer of trspom,lhllll.y for Lite technical ndcquncy of his work. Neither Lhc Owner's nor EPA'n review, Approval or nr- eeptaueC of. nor payment for, tiny of the errv- ICrs Bhull Lie ennstrucd to operate as a waiver of any rlghfa under title agreement or of any cause of action RrlAing out or the perform- ance of this Agreement. (it,) lite Enghlrer sl all he Aul reran. able In nccnrrinnro with nppllrnile in, all dallingr9 to Lite Owner lie Irf'A caused by the Enginver'n nrgllgent. herfnrmnnco of Ally of Uha No -vice, tunll.ahed under Lill., Agree- went. except, for rrmrN. nml.Wons or other dMirlenclen to the extent ALLrlbutnblo to Lite Owner, Owner-furninhed data or tiny third party. The Engineer Minh lint he rrspouslble for Any time drinyn It Lite prn)cct mused by clrallnsl,nnee., beyond tato Englnc Wt; control. Where new or ndvancrd Prnrrs::rs, Inrlhndn or technology (sec 40 CFIL 35.000) nrr. recom- nnendrll by Lite Engineer And aro ntlllzrd, the Englncer nhnll be liable only for gross ncgll- gencs to the extent of nuch utilization. 3. Scorn or Woac The nervlcrs to be rendered by the Engineer 1;111111 Inchuln nil Arrvin•s re,pdred to mm- plrl.o the La -;k or Step In Accordance with tip. pllcnble ETA reL'llln Llnns (40 CPR Part 35. Subpart F, In cleat on Lite dao of cllrcutlon of thlN Agreement) to theextent of the ncopo of work An defined And Act out In the ongl- nrrring nervlces ngreonient to which these provinlonR are attached. 4. Crunhom (a) The Owner inny, At any time, by well. tell order, mnkn rhaurcn within Lho general %rope. of thin ngrecmont In Lilts services or work to be perforated. if alch rhanpca elan,, All lllrrrl,sn fir drerrnso In Lite EnglneWS cnsL of, fir time rnqulrcd for. performance of tiny cervlccn under LII., Agreement, whether or list clinnged by Ally order, nn cgalLnblo n4)pinUncltL shall be 11,111, Rud this Agree. meni shall be IIlallacll Ill writing mcnrd- Ingly. Any clnlm or Else Engineer for nA)u,t- ment, lander tllls einnso must ho n scrtcd In willing within 30 silly% front Lite 11111, nf ro- cept, by Lite Enghterr of the notification of Change unl CNs the Owner grants a further period of time before Lite data of final pay. Carat under this Agreement. (0 No nervlcrs for which nn Additional compensation will ho charged by Lila Y.ngl neer Minll be Ovntnlled w•ILhont Lite written authorization of tto Owner. (c) In the event Wet there IN a modl0rn- Llon of EPA requlrmncriM relating In Lho .nervlcen W be performed under this Agree- nielt anhnequott W the little of execution or this ngrcomnnt, the hmrem+ed or (hTr0R4ed cc,3 of perforntAMM of Lite nwrvlren provided for In this agrminent Miall h, rrllecLed lu an RpproprinLit modification of lhl.., Agreement. S. TEn M1N,TInN (a) 1'hls ngreolnont may be terminated ht whole lir In part In willing by either party In the event of subntnntlnl rnlluro toy Lha otlnnr party In fulfill his oill0nl.lonx under Lilts ngrecmont Lit ou all no inn II of itc term Iant- Ing party: Propldca, That no such Lermltn- thin may be rtrectrd unless the other party In given (1) not lc:vs than ten (10) calendar days written notice (delivered by curlllled mall, return receipt. requested) of Intent to terminalo And (2) nn opportunity for con- adWblol with the terminating party prior to tonnlrmtlon. re) 110n agree neat may ba terminated In whole or In part, In writing by Lbs Owner for Ito convenience: Piootdrd, 'That inch terminatlmi In for goad carve (Ruch a, fnr legal or financial remolm. Ina)or changes ht Lie work or prlgmm rcgnlremeuts, Initiation of n new Step) And that Lite IAiglurer IN given (1) not less than ten (10) calrudnr dnyN w•ritien notice (delivered by cetlficd mnll, return recolpl reque.,ted) of Intent W term[. insist still (2) an opportunity fnr ronnulLn. tion with Lite terminating party prior to termination. (r.) If Irrmhatlnit fur deLmlt In dfeelyd by Lha Owner, not egmllnblc w1j,"tment In the price provided for hl thin ngrrcmmnt, Ahnll be mode• but (11 no Amount Rh All be allowed for nILIClpotod profit nn ullperfunned acrv- WoN or otter work, and (2) Aly payment, duo III Llte Eingllleer at the Who of termination may bo adjusted tO Lisa extent of tiny addl- Limal er.:;bl VCcaalnurd to the Owner by ren - sou of the Enginecr'n default. If termination for d,fadt Is Cffoeled by Lite F.nglnver, or If ternihintlon far cmlvcmlcnco In cfrrctrd by Lite Owner, Lite equitable. nd)u:dmsnt nhnll Include a Iensnnnhlo profit for ,croo or other work performed. The equitable adplst- ment far Any termination shell provide for payment to Lite Engineer Inc services tell. acted nntl expenses Incurred prior to the larnnlnutio, In Addition to terminaaon Act- Urnwat, cw-ts rew,ou AOly btruried by Lite En. Placer relating to cenlnllmonm which had becmnn firm prior to the lrrnlnntlnn. (d) Upon receipt of A Lcnnlnntlon Action pursunviL to parlgraphn (n) or (b) Above, Lilo Ynglncer Abell (l) promptly 11b:rnntlnuo nil NrrVIC01 nitrcled (unlrss Lite notice dlrccb, mhCIWI%C),ond (2) dellvernrolherwinemnko Available, to Lite Owner all Clain, drawings, Aperlfirnllmw, reporLn, rsthun(e.4, Blnnnmrlr,, and nuch other Information nntl uta Lrrinl, IL, ,any have been ner.timiltnlyd by lila Entrinetr 111 performing Lill% tigrceni PIn L, whether elda- pleted lir In'gu•oCesn. (el Upon lerminnllun 1111ra1AVIL to pnrn- graplot (a) lir (b) Above, Lite Ownremny take neer Lite work And prwiecuto Lite nnnlo to complrtion by agrennirnt with another party or ntarrwlln. Any work totheu over by Lite Owner for Completion will bo Completed At Lisa Owner'n rlat, And Lhc Owner will hold harnileN, Lite iinglnrer front nil clnlnnA And lianagee Arising not of Improper unto of the Fnglnerr's work. , (f) If, After lerod nntion for failims of Lite Engincor to fulpll mntranlunl obllgatlooA, It Is tletorm tied that the Engineer had not he hailed, Lisa terminntlnn Nhnll bo deemed to lava been effected for the convenience of the Owner, lit Buell event, adjustment of the prlCO provided for In thio agreement shs11 be rondo AN; provided In paragraph (c) of this clnu..r. 0. Itc.Mxn1ER , F•cMpL A, may be ollnerwleo provided In Ebb ngl'cenlont, nil cdnlula, eounler-clahme, 11141311ton And other mnticra In question be- Lween Lite Owner And Lite Engineer Artaing out of or relating to lilts agreement or the blend, Weref will he decided by Arbitration If Lhn pnrtlea hereto maLunlly Agrco, or in R court of competr lL )url•.dlel.ion within the State In which Else Owner Is located. 7. p,rmr:nor (o) 1'nyoneflt Ghali be made ht accordance With the Pnynmut Acltedule Incorporated In Lids ngrerinrnt nn nnpn n, prnetlenble upon Nubm 6rdoi of xm LCmru L, rcgncu Ling pay- Inaht by Lite F;ngln,rr to it,, Owner. If aro finch, payhiont hnc"dulr la Incorporated In tbin agrcenu•n L, Lilo payment provinion, or paragraph, (b) of thio china Nlmll Apply. (h) aan Uily progrew, pnyan•sstN hilly be re. qurNLl..d by Lite Enlanerr .,it 1ha11 ho made by Lite Owner to Lho Englnoer AN floor, an prnc- ticnblr upon fmbmhedun of oLnlerncrda rr- quCsl.lug payment by Lite P.uglnrer n Lite Owner. When Aunl% progir•en payment?) are ngde, Won (Owner may withhold up In ten perCCIIL of Lite vnuClnrred mununt unt1l NAL- inaCtory Completion by the Etigirwer of work nntl rery ice; within a Step tilled for under this nl;rrrnwa L. to Lite Owner determines tint the work under thin Agreement or tiny apeclfied Litk hereunder it rttbslnnLllllly con lilcla null that Lite nf)tomuL of rc Lninl•d pricuntnge, In lit C,C111 of Lhn Amount coh- sldemil by him to be n6equilLe for Elm pro. Lectlon of Lite Owner, ho ebnll release to the Fmgln,or Ruch exrel;GR amount. y3 exceed iho ehllmutnl Amount, mn its or the work and services performed f Fb.- glnerr under thin Agrt•e IMIL, 1 estl- i mL,, shall Its prrpnred by the Engincer and cupplenlented or Accompanied by such Aup- purling 11ntn ns nrny be rrgslrnl by Life Owner. (d) Upon rmtbdnetory completion of thin work porfarnlrtl hereunder, and prior Ln final payllcnt, under this agrevinent for much work, or prior cclAamienl upon Lcindnefiort of file Agrcenlcnt, and AA a condlllon prcn- rdeuf thereto, the Nnglneer ohnll execn Lo Allot deliver W the Owner jo rdcnm of nil ali lora ngalnsL thu Owner Arming under lir by vhrWo of this ngrroment, other than such clnlnus. If nay, nn bey be Specifically ex- enipLed by Lho Fnnll,wer from Lbo operation of Lhc relenhe In Alu Led Amounts W ten met forth Lbrrdn. U. riunrr Ih,•Oarr, (n) In Llin of bills nl:rr NANIL, Lho Englncer I,hall, it, the extent, prnrtlenhle. provldr for nmxlUuhn use of hlr ...AmAch. ma- c hlnen, prod tic in, mALI'rlrnlh, cunu rtir Untr mulhr.d'r, And equip1.mni, which tiro readily avallnllle Lld•oligh cnmpeLlllve procurcuieut, fir Ihrmq:h itun WNd Or proven prodnctlon Ltthnlquen, McLlwrla, And prorcrtsrn, coualut- nnt WILL, iq CNrt 36.[`361 3 And 75U:m.17 In riled, on the date of exern4un of tills ogrec- utcd, except. to Lho ex LL•I1L that edvnucetl techmmogy nrny be oUllzed purnunnt Ln 40 CF'R 75.00n In effect oil Ilia dale of execti Llon of LhIN agrccalcn L. (b) Tho F:nginver shall not, In the per- furnlnnco of Lho work called for by Lille agreement, produce a design OrSpecification q illicit as to reulro Lilo 1.:m of ntructuren, alarbhlea, products, mal CrbAiA, con..LncLlnu 1.mthnos, erp11pmr•nt, lir prorrvrrrs whlrh ern known by the Enghmrr te he nvnllnblo only from a who source, unlatch ouch tins bile Igen heogbntoly junllllyd In wrIthl(f by Lilo Enift- niu r. (c) '1910 Naglnaer nhAll nut, In the por- fnrunnen of the work (Lolled for by this 1lffrrc.molt, prnduca n 111.41)(11 or opnr.10anllan Which would be rcd.rlr.Llvu In vinlal.lnn of 'inc. 204(n)(0) of Lho ISmImm1 Water Pollu- tion Control ACL (1.1. 02 for), 'ILIA nlatu La requires that no hpeclllentien for bide fir statement, of work Mind be written to nnrh A InAmaer Im to contain pruprIeLary, exrlu- momry. or (11 XI Innlrbdory regnlr,inca Ls oLher that. tho,m bAliM upon prriLra n lm, In le:x au An rerpdIenlents Aro oro minry W t,..1, fir drnonnUalo n spuclfic thin;, or to provide for necrs ary Interchangeability of parts and equipment, or At least two brnnd njonlea or trade nntnrn of compirahlo quality or uLIIILy Aro IlaV..d and aro followed by Oho wnrdn "or egnol." WILh egad to mntprinlu. If a Wright noted Al Is specified, the Engineer must, be prepared Lo sub.htnntin Lo the baaln for the XCleCLIOIJ Of the mntcrlml. ((I) Ilia Englnenr:dmll rrporL to the Owner any nole+rourco or restrictive design or spec- Incatlon giving the reason or reasons why IL is cmwldoted necev.ary to restrict the design or,Ijmlfkcmttol,. (c) The Englncar Shall not knowingly Spec- Ify or npprm•e the perlonntince of work at n fnclllty widett w In violation of Clsan Air or WntOf mmlldnrlh And whlrh In listed by Lhc D lrrc Lor of Iho ETA Office of Federal AcIvI- then purnunnt LO 40 CFIt fart 15. 0. Ae11T; Ace:ss To )tccnnon (n) The Iini:locer 100111 mnlnlAln boil(", rerord0, doeunlonls null other evidence 11- rn:tly fmrUnent W performance en EPA I:rant work under this agrecin^jot In Accurd- mnco .10i. generally mceptcd nrruuntinit prlmelpins And pr¢aL[ees enith1cwntly Applied, and 40 (Fit 30.605, 30.005, and 35.:1:15 7 IN Affect on Lho data of execution or this Agree- ment. The Engineer ahMt alma mrilntaln file nnancml Inrornmtlon and date Aimed by file Engineer In the prcpnrntiun or 61.pprrrt of the curt Atll)MI hlell rcqulrvl purnunnt to 40 CFTC 35037-G(b) In effect on Lbo duLe Of execution of this agreement and a copy of the cont atimmhry submlLted to Lha Owtier. U Idled fifaI Loh, tbI• Ill Red 3141111 Depart) of Llthur, Owner, and I ILA Slnlc wntrr in Unit comtml ugnncyl Or tiny fir Lhelr ant.hbrlxrd rr(n'm:rnluflvnl duill have arr,rr W nnrh barks, livordn, dacnlnnn In still aLhrr evldrnrn fur Lip pulmo:lr. of Imrpnctlon, omIL joint enpylbll.'I two Enl:lurcr will provldo prop- er in a II lif c. fur nnrh across And hvqu:r.tto11. Dr. 'Ilia En gInevr illgmn In Inrindo It graphs (a) Lhrough (r) of Lh IA Omits In All Ila con Lrtc Ln And All tlur m0wontrncln (If - really rclnLed to priijert perfurmmtt•o which [,.a In rxceloa of tI0.Ix10. (r) Audds cundnr.Lod pursuant, to thl" prn- vlrinn uhall be In Mrnrdnnre with gClICmIly tiecepted nudllhnt nlMulnrdn nntl chtnblimbed prm:rdnres nntl guldelhlms of file revlewlul; or nudlLugency(lea), (d) TINA Rnglncir Airmen In Lho dhalahuro of fill Iufennnllon and reporN rrhultlwt front arcesn W ll -curd, purnunnt Ln par.gtntpls (A) And (b) nbnvr, Ur nrny of Lho 1,11CII(lr•. ro- fered In In pnmgngrh Or. nbnvr, pnrvldrd I hnL file Engineer In Alford,.[ Lhr uppo rLuall.y for nn n11111L exit conhveucC and nn uplwALu- mLy tO Cen1n1e1L Anti submit any Xuppurthng dncunientaLlon On Lho pertinent po.l.i(Ne of Lho draft nudlL report And Lbat, (.Ito final andlt report will Include written comments of rew,dimblo lent Llb If tiny, of Lbo Emglneer. (e) necordn uMcr parngrnphs (a) and (b) nlwvy Shall be nmintnlnrd and funds avall- ahle during performnnco on EPA grant, work under this ngrcement old nnl.11 three years train Jain of Mull EPA grant pnymemL for the project. In Addition, those records which re- )ato to tiny "Dispute" appcnl under an EPA grant nl:rremr-nt, or litigation, tit the settle- ment, of elahms nrLving OUL of Such perfonn- Mure, or conts or Ileus On which all nudlt oxrrptlon hmt been tnkrn. Nbnll be mAln- tnlned and made nvnllnble until three ycnn After the data of resnlu Llnn of such Appeal. Iltlga Won, cloth, or exception. 10. patea nCnuCfPm ran DrrCCT1Ya COST On vitheiNa DATA (T),I,elms.,, if apphrablr If the Amount of Ade agreement exrecils !100,000.) (a) If Lho owner or EPA drlcrininls Will may pilre, hu•Indhnl profit, negnllaLed In ommurl.lol With Ihlh Al:rernlent, or tiny ru^.t Art n. burnnh)n under thin nhrermrnL v m bry crrnsed by nmv AIg.IldlrmLL X11111a hcrnnnn the Engiaerr or Any nubcuntru-Lor furulsltcd In- cnu.picto or Inaccurate cunt ar ptlring do Ln or (lata Fri current, an certified In his cerLlfl- catlnn of current, cost or pricing (Inln (EPA F'onn 6700-41), then such price or cast or profit shall be reduced accordingly old Life agreement shall bo modified In writing to re- flecthuch reduction. (b) failure to agree on a redue Llou shall be subject to the Remedies clause of this agreement. (NOT£.—Sliced Ole agreement L" .aebfrrt to redurfion under this clottar, by reason of Air. faction cost or pricing data rubmULeel In con- neclum with rcrfain subcontrac(A, ON: F.npl- peer may wish to forbids a efarne In each such subconlrart requiring (lie ,ubconfrocin,, (a appropriately irulesunlfy file Engineer. It J., afen expected that any eubroltracor .mb- ject to mrah mdemni/Icallon will generally require.. ntb.tfnnlfdtly similar Indemnlflcaffne, for defective raft or pricing dnfa regnired to be submftird by his fewer tier subconfrac- fon.) 11. flunr,ONTIIAM11 (n) Any subcontractors stiff Cufsldc Arno- clnles or rnnsnl Lnnm required by life Engl- neCr III conllrCfian with the Aefvlcm covered by LKS agreralent will be IImILed to surh Indlvldunln or firms an were specillrnlly Identified And Agreed to during nfgoLIAlinnh, or Loh are npreffirnlly nuthnrlxrd by the Owner during the performance of this Agreement, Any n1lhsLlhitiona III or additlOmt in ouch aubcontrac UNn, nahoclaten, or rx DAultants will he Aubjeet to the prior approval of Lino Owner. percent, It the Owner slid the 1';nglnver herrhy agree) of the contract price to sub- conU'acters or consultants without prior written approval of the Owner. 12. LADOn ETANnAnns To filo extent that this ngrecmcnL Involves "ennsl.rurtlon" (An drmlerl by the Sec.retary of lobar), the Eriglarrr Aran tint nnrh co ns true l lel work X11AtI ter AnbjreL to the lot - lowing lnbnr standards provision,, to the extent spplirablc: (n) DavlrDAcon Act (40 U.B.C. 276a -276n- 7)1 (b) Con Lrart Work Irnnn and &Tfety BtnndnrtlS Act (40 U.B.C. 777-773): Ir,) Copeland Anti-Xickbnek Act (I8 U.B.C. 11741: and (d) F.xcrutivn Order 11246 (EquA1 Employ- ment OpporUndty); And Implcmenling Allen, rrgulationn, and relevant Orders of the Serrelary, of Labor or EPA; and the Engineer further agrccs that I Agreement shall Include old be subject to the "Labor Standard. ProvlMonn for Fed- erally Assisted Construction Contracta" (EPA Form 6720-•11 In ClfeCL tit 1.110 time of exCCU- Llon of this n),rccmcat. 13. EQUAL Ehmi.ov MrNT OrrnnTUNiTY IN neem an, c with EPA policy as exprmsp(I 1 In 40 (:Fit 10.420.6, the. Enginrer Agrees that hr will not dln[rIndimlc np;Alnst tiny rm- ploye.e or Applicant fur enploymcnt I)CCnll%O of race, religion, color. hex, Ago or national origin. 14. UTILIZATION nr SMALL AND MINORITY Dusrnrss In ncrnrnhuur with EPA policy as expressed W 40 0111, 3511:10-7, Ibe Eliglncer Agrren that gnnllnrd huudl busnlrma And minority hnel- urss rnlerprh,ei shall have the mnxlo1.nn prncUrmblo eppn rl.nnity in parthripnte In if,, perfrtnn rota, of ITA grit it L-nnoAstcd conlrncta mud 1.111....."LuIcIn. 15. Cnv1.NANT AAAiNaI C ... i:Ncr,dr Fns 'Ilia F:nhlnecr wal'fe1L•, that, if, prrhon fir 1,11111.1: ug",icy hml hent r.npinyrd Or rcl.nlnrd it, NOIeIL or Aretire Lhlh (:onlrnrt upon Ml ngrermrnL or undernLnnellug for a connnm- Xlnn, percentngr, brekernge, or eon Llnl:rltt f,r, exerptl Ol: Innis Inde engdoyeel. Fur brr.lrll Air vinlAllem of thin wnrrnnLy the Owner shWI olive the rlltht to Annul thin Anre.rmrnl, with - act liability or In Int dlxcretion Lo dedurt from the enntrnet price or eondderaLlon. m' otherwise recover. the full amount of ench emnn.lsslon, percentage, brokerage, or con- Lingent fee. 10. OnATrlTlrs (a) If It Is found. after notice Anti henrinc. by Lhn Owner tint gratidtics (In the form of entertnhmucti L, glf L,, or elhcrn'Inc) were nncrrd or given by the Engineer. or ally Agent or represenintive of the Engineer. Lo any ofilcAl, cinpin)'ro or altrhL of WIC Owner. of the Stnte. nr of FTA with a view toward no - curing n cnn U'nct or Nrlurmc invertible firnL- mn1L lel til ripcct to Lha Awn ruing or Amend - Ing, or the nck)ng of env determinnUons with rrhpect to the performance Of thin egree- utent, the Owner may. by written notice to the Engineer. terminate the right (if Lhc Ennlurer to prceed under tills Agreement or may purhno Amen oLher rlghla nntl renerlles provhlyd by Inw or under this Agreement: Prochird, That the exmlence of the faClA upon which the Owner nulken Louth findings Nhnll hn In Isxnc and nrny he revtnwnd In pro- credlnna purnunnt to the Itancdlcn clnuso of 019 tigl'fcnlrnt. (b) In the event fills ngrvcincnL In tcrml- naled ns provided In paragraph (n) he'rnf, the Owner nhnll be cnlltled (1) to Purhnc the Prime remrdleR ngnlnaL the Engineer an It eotdd purhun In life, event of n bunch of the cnnLnlcL by the Engineer, slid (2) an n pen- alty In Addition to Any other damages W which It may he entitled by law, to mord by the Ownerl whlrb shall Br nM Irsu Limn three nor note Ihmn U rA the recti Incurred ht• Tile Engluerr I dilbu, any 'aleft grntulllcA to Any Aue ter or employee. ' 17, PATrNrA If LIlls Agreement Invuiven re::Parrb. drrel- •epnnrntAt, expertulrnl nl, or dsultnslrntlon work and any dlseovcry or Invention mines or In developed In the CMITAe of or under thin ngrermmnt, such Invention or dlncnvery shall be rubject Ln the reporting And rlghln provl- Monn of Subpart D of 40 CFR Part 30, In erect on the date of execution of thla Arrre- ment. Including Appendix D of raid Part 30. In such care, the Engineer shall report the , discovery or Invention to EPA directly or through the Owner. And Ahall otherwl,e com- ply with the Owner'n rc.pomlLlll Llcs In no- cordAnce with said Subpart D of 40 CFR Part 30. Tho Engineer hereby agrees lhnt Lho dlspnaltion of right, In InvcIILIOns mode under thin Pgreemcnt Alinil be in accordance with tie Lerma end rundlllnnn of aforcmen- tinned Appendix 11. 'Pile Engineer ellnll III - chide provisimin apProPrintn to effectuate Lho purpose, of 0111 cnndlllon In All subcontracts ' Involving renenreh, developmental, experl- mcntnl, or demon,tmtion work. in. CnpYalaNT5 AND MONTH IN DATA (III 7'ho Englurcr ngrern that mty plans, dinwuugns, dcrlgnn. Apeclnrulen ln, conlpuLer pnymun(which are, nuhaln IllallY paid for wll.lt M -A grnnt 11110). terhnienl reporhu, operntlun mmllnnls, nod other work gnhmltted lel Bl a SIrP 1 rnclllllr, vim, or wlLII n Well 2 or SLrp 3 grunt nppllcnllol or which are epcc 111 cel In IN, JDllvcrr,l under Lhls Agree- nnrlit or which ors ticvrinprtl or produr•d And pnld for under this n,,rrrrnent (referred 1.0 In this Hanle nn "Suhlcrt Dan") Are sub - lent to the rll,hln In the Unlled Stairs, nn Art forth In Subpnrt 11 nr 40 C1•'R fort 30 nntl In AlrPeludlx C W 40 CHI I :Art 30, In I ffrcL oil the date of exerutlnn of till•. Inurement, Inrlud- Ing the right In use, duplicate And disclor.e. such Subject Datn, In whole or In part. In any manner for any purpe c whntseevcr, And hove others Jo An, ror purpnics of Liill, a O cle. "grnntco" as lined In rald App. shalt refer to the Em•Incer. If the. material In copyrightable. Lho Engineer may copyright such, ns permlticci by said Apnrudix C. and subject n file righl.n In Lilo Oovernmenl AS net forth In APPrndlx C. but the Owner And the Federal Government rcnervo a royalty - fee,. nonoxclualve, and Irrevocable license to reproduce. publlrh and lisc such mntrrinls, In whole or In Dart. nntl to nathnrizo others In do no. Tin Engineer shall Include provl- elnn, nppomrin Lo to rgrctunto Lha purpDra or till, rendition In nil PuhronLrntl-, expected to produro copvrlvlllahln SUblcr.t DDI,. (1I All such Suhlept LIMA furnlnhed by tin Eov Nienr pursunnt In thiA syrrement Pro I itrumen LA of ills Arrvircl In to -Prot of the ,role" I. It In umdrrstond I.hat the Englneer r Ais not represent such Sublert Data I- be sal Lallle for reline on Any other prolcct or for anv other purponc. Any rnnse by the Owner wit bent, rprrlfle w iUrn verification or ndap- tntlnn by the Englnrer will he at the risk of the Owner and without Ilnblllty to the Engl- over. Anv such vrrinrnllnn or Al npl.ation will en Ll Lle the Engineer Ne fur Lher compen- sation at rate, Lo he Agreed upon by the Owner and the Engineer. FEDERAL REGISTER, VOE. 41, NO. 251—WEDNESDAY, DECEMBER 29, 1976 -3- --- (Ser. nccompanyi, 'clrOc(ion.s before rnngllr(ing (his form) 0A11) Nn. 15.7 PART ,•G1- NERAL — I. GRANTEE CITY OF IOWA CITY, IOWA 7. GRANT NUMII L'0 _---•-•-.'--- C190830 02 5. NAME. OF CONTRACTOR On SUBCONTRACTOR - e. OATS OF PROPOSAL VEENSTRA & KIMM, Engineers & Planners December 22,_1918 — S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (1110lude ZIP co,ln) G. TYPE OF SERVICE TO DE FURNISHED 300 West Bank Building Step 3 Engineering Services 1601 22nd Street River Corridor Sewers West Des Moines, Iowa 50265 General Services During Construction PART 11 -COSI SUMMARY 7. DIRECT LABOR (SiI.0f, rel,or ceingnrlee) ESTI- STATED HOURLY RATE ESTIMATED COST ----- 1) () -$ HOURS See Attachment 1 s s 111f.r i r , ll — l�d}7tll IGIYAI���OM119 DIRECT LABOR TOTAL,•.; :• M53 S. INDIRECT COSTS (SpocllY Indlrnct cooPoaln) RATE • BASE = ESTIMATED COST Direct Labor Pool 17.,. INDIRECT COSTS TOTAL, `"";' 23 566 9. O1HEn DIRECT COSTS n. TTrA VFIcos ESTIMATED i yyyyrr77,,,, }r�li.' i) TnAuSPOn TATION Vehicle Mileage. s 3,024 (1) r+[R OICM S8, r70 J 074ry ;'jt` TRAVELSUn + "'-_J.'. TOTAL, IK b• EQUIPMENT, MATERIALS, SUPPLIES (SPrcll, cm,Ag rine) OTY COST ESTIMATED I COST .`ty,iFly iI�{{rp '���`�•�� £5,,15'{t{ Copying, Printing and Duplicating i LS s 200 ;ktw''rtj{# firs Telephone LS 1,000 ra;j i EQUIPMENT SUBTOTAL: + }sll.' ..a. .. ,t_.. 1 200 St L SUBCONTRACTS ESTIMATED COST b %7•y,TjSx�i{;1{i}j #1ill (l� rt..{ nS:•1 � 1 TFp r SUBCONTRACTS SUBTOTAL, -'1 / - 5)j. r•/tli, q}} , A. QTIIEn r.S,nrll r v rule aerlre) ESTIMATED COST I ik• '+:uAAA ;fQ`'' �' l hilt :�•ry''11•��• — $ i'Atje"•jlTiit,, OTHER SUBTOTA L, I I 1 •'+}':AE Ifl Y�1T, 7�"fir{+�;. eJ OTHER DIRECT COSTS TOTAL,' 10. TOTAL ESTIMATED COST S 47,_513 _ --_ I1, PIIDFIT 4h 7 .127..-- 17. TOTAL PRICE pt 54,640 E �A Form 5700.41 (7.76) — - - - - - - - - r•.v.f. I Or 5 PART III -Pn.-1(..l'-5U-MMARY 13. COMPETITOR'S CATALOG II GS, IH -HOUSE EfiTIIAAI FS, 11111OR QUOTES MAnKET I'll., -Oln I f., tnio,. Pnicrfss F jj� 7r T7— PART IV- CERTIFICATIONS I4.CONTnACTon n slLi:d_k Ki ffg!,_En_q i rTe r�s & lanners ---Vee 14m. II AS AFCDEFIAL AcrNcy OR A FEDEPAL LY CERTIFIED SrATL On LOCAL AGENCY PKnroRMED ANY REVIEW Or Y'.nFo ACCOUNTS On RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE 14OUTI157 In Y E 3 0 NO (it give name address nad telephone atnnb,,r of ravlewind ollice) Defense Contract Audit Agency Omaha, Nebraska 1-402-221-3080 1:17711IS SU14MARY CONFOkMS WITH THE FOLLOWING COST PRINCIPLES 41 CFR 1-15.4 This proposal is submitted far ur;e it, connection with and in response to request by the City of Iowa City, Iowa 'I his is to C('IIifY to the Lural of my and 11PHE-1 lih,it the c(,!;t and i,rwian (Un %tanninrized herein are complete, cu:rent, and accurate il!i (4 (:o)jQecgmber 221978 —1 — wl (lint , (in;1no:j;-1 manarement cnftability vloisis lu fully P.nr rrik-13, ncrlllltv 10, the fln-inck.l• trans;,rhoot; un4pr (his I-roject. I (11111wr Lt-t(iry Ilial I RIld(-rsIRGd 1)H,( 111.2 1-fite may he %t,l)j(!ct to downward renegotiation and/or recovilml-11 n1love (-rosl ;.I.fj pricing tau hive been determined, as a result of audit, not to have been corn I 1 11, Urr - all. I :'cu'llate I.!; of the date nbove. (j)December22, 1978 DATC Or r Y LCU 11011 BIGNA ion or a J. W. Kimco Partner T.TLr aTnn or--os¢n It. GRANTFC I C'��tlify that I have reviewed tile cost/piiee summary set forth hetet t Cproposc costs/ OfIce eppenr popos ac,xplable for sHbigreement award. 11711 Coo r c A E c u T,oN 1111� 1IGNATUAF. OF IIEVLr.V.LR Authorized Representative TITLL OF o4r.VIEwrn 16. EPA ACVI[WrN (11 uppiftebt.) DATE OF LXECUT.011 1IGNATURIL. OF PEVIEVVF.ri TITLE OF RCVIE,aEA F. FA roam 5700-u 2i-;61 PALL 2 OF 5 �/ 7 ATTACHMENT 1 to EPA Form 5700-41 (2-76) Iowa City, Iowa River Corridor Sewers EPA Project No. C190830 02 GENERAL SERVICES DURING CONSTRUCTION 7. DIRECT LABOR (specify labor categories) DIRECT LABOR TOTAL $18,853 M Estimated Hourly Estimated Hours Rate Cost Management Supervision 188 $22.00 $ 4,136 Construction Engineer 440 16.00 7,040 Project Engineer 158 13.00 2,054 Design Engineer 84 12.00 1,008 Assistant Construction Engineer 18 12.00 216 Draftsman 182 9.00 1,638 Technician 168 8.00 1,344 Executive Secretary 48 8.00 384 Secretary 119 7.00 833 Clerk 40 5.00 200 DIRECT LABOR TOTAL $18,853 M (SPP nrrulu(7;Ino"'A IRr6 Dl•I rnN�< bvinre l•1 r,10111117! fill 1,um) 110111 IV,). :.m P•r,v ` ----- -- — I-Aliii:iliI1"1in ) _ ---'-•---- 1. cnaNTEE -84'120 y, gnnuT mn+ur.n L11llll1�LLY.-104l/�--- _C1JO.f30 U2...-. -- -_CITY S. NAME OF CONTRACTOn on sUnCON TI(ACTOR <, DA TF. Uf P I 0'.AL June 26, 1973 VEERSTRA PI M•IM6, Engineers FI—Planners _ S. ADDRESS OF CONTRACTOR On SUBCONTRACTOR (Inc1RJn ZfP ..4-) G, TYPE Or sCnvICE 7O DE FURNISHED 300 West dank Building ',• Step 3 Engineering Services 1601 22nd Street --• River Corridor Sewers West Des Moines, Iowa 50265 Resident Review and Construction Staking IIATT 577Ts1 $ T1 iFAHY 7. DIRECT LABOR (5Pnr11v W1.1 r.ningnr ln.) r",I• MAi r(I --IIA IC HOIINLY ESTIMATED I COST L b ,IOUDS Resident 1 Te —v -i c'-w—e- F I —Survey Chief -. _.-- _Survey Il---Prs S 674.4 1 8.00--1—.5.,154 — DIRECT LABOR TOTAL, S, INDIRECT COSTS (.Slrnr llY Indlrnrl rnnr Pnrdn) RAT r. • UASC IIIUINECI COSTS TOTAL , r ly,,,;, •i '; 9. OT71Cn DIRECT COSTS n. ln•vrl (2) PI:n DlrM T TRAVEL SUBTOTAL, 1,. r.OI11PME11T,MATERIALS, SUPPLICS (SPnrlll• cNngmin n) Telephone c. SUBCONTRACTS J. 0 1 I1r 11 (SP., r. I I , " " qnr l•,.) EQUIPMENT SUBTOTAL: OTY I —COST 51111CUNTIlACIS SUB-101AL l •' , OTHER SUBTOTAL: I n.'OTHER DIRECT COSTS TOTAL: 10. TOTAL ESTIMATED COST 'I•XX'XX%'XX Fixed Fee n. TOTAL PRICE E PA Form 3700.41 (2-76) Es, II.IATED COST ) S ---- '. -84'120 Ilb-%If rSrJMAIED (: O S r s 431932 ',• E S I IIA A Tr.O �• --• _–COST _ 1,000 2,000 G E .T unn TrU COST L b �hll _ ' S I -SI BAA TCD cosi • 'J'•'b ` 45,932 _ $197,474 30 i227,7f32_ __ yy T' , Il, I g BEST DOCUME fT-- AVAII.AB C OM P E T I TO n's CAI AI.( - 1111 fr•, 11 I Ino SC E'•r 111 AI C5, 1•1110110U 01 CS fbldl nxln Iv lvlr. run... nl bon) MAnNrT PP;•I ;1'rU VNIC CL',1 "•1'1 i�.........�.::.....�'..-:L-.......:11_.•.1, "'.i-1 li:l:_.t)u.l. 1 _.1� r,T '. I..:.�A.... ::f. I"�, 1. ?'•�.5.'L.`.'.I Iv•; +'i"S i 1. PART IV. CHI I If ICA T IONS 14. COD I NAr. I ON VCCOS tY.a_.Ps.f; 10118,._-Lrl.g.jlleer$_R_ Plan ners__ 1[e, IIA6 Ar1'Ur TIAL ACI III Y Oil A rr.DLIIAI,LY rl'111 IF'11:11 STAIr OII LOCAL AL1 IILY I•I ❑10NM1 U ANY II I:vr.'w 01' YrI1111 —••— ACCOIJNT5 OM nCCONDS IF( COIIIIr..CT1011 WI"ill ANY OTIIER rE OrnAL ONAUT ON CONTTIACT' WIT 11111 THE PAST 711I.LVC IAONTIIfI (X) vr:5 EJ No NI -V.A" AlYe nnme w.ldle e. mYl Inl nyhono nunl6 Fir nl rnv/e rolnq nlllen) Defense Contract Audit Agency Omaha, Nebraska 1-402-221-3080 I Ab. T ITIS SUMMARY CON F OHMS WIT IT TIIE FOLLOWING COST PRINCIPLES 41 CFR 1-15.4 This prvpc�al IS sullinitted for u,;C in Conucclirlr With and in response 10 (1)_ re u-,st1of-the Ci ty, of Iowa-Ci_t.y, Iowa____ Ihif: if -,la crIl if to ILr• I.r;.I of my 6ac•rvil-;1 uud heliaf lied lhP cost and pacing data sumnlvized hvlcin ale compiele, cu:lent, Find acclimle :Is I:f and IIInt. ;I (inanri;,l m;nl:q;rmenl r.:•pahilily r-0.11; h1 fully Plitt a7cv- mlHS, ;lccovn'. In; IIIA IT n:lnri:.l unn':arl was un'irl Ihin I'PI)ur 1. 1 (In lhrr u•1l lfv Ihat I unth-minwi IIIaI IIf:• snh.l7;lr-rwol plica' nluy bn sulgf,c,l In dov.-Im mi; r^nrgOli;di Nn InNI/or n'rarpnll•nl tvhr•IP IIIr, prlrinp doln h;Iva Ilean delenniucd, III; u result of nudit, nal to hnvc I eco c Inpleir., Current Find acc'natr r,s of lir. dale ohove. 0)--- June 25, 1978 OAT Or' r. LGCU Torn 31 f.NA IUNC Or "N IF "US L14 II. R. Veenstra Partner llTlf OF Pf101'CL 9 14 nn/,IIT C IF'%If.NCrr -- -- -�_- I crrlify tial 1 have reviewed the cost/price summary set forth herein and I ploposrd co:;l • uice V.1 -pear ac•.eplahle. for ;ubagrcemcnt award. OA TQC or CA CCU 7'ON piONA TUnE OF nCVIIII : En 16. LPA RLVICWr,II (1/14PNmLle) DATE OF LACCUTION EPA Folin 5700.11 (2.76) Authorized Representative 111LL or Nrvlrwrn {IGIIATUIIL OF nr.Y1Cw Er• "ILI Or Ncvlr,,,, PAGI. 7 Or 5 ,S6 �1 11 79-15 N0. 79-15 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 102-3,4 WHEREAS, the City Council of the City of Iowa City, Iowa, has solicitated Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS, the City Council has, under the terms of the land disposition agree- ment, reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS, First Federal Savings $ Loan of Iowa City has submitted preliminary design plans for the redevelopment of Parcel(s) 102-3,4 in the Iowa City Urban Renewal Project; and, WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by First Federal Savings $ Loan of Iowa City for the redevelopment of Parcel(s) 102-3,4 are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 9th day of January 1979. ATTEST: -P - Z?h'�'J, �e�cyCy City Clerk _ / 1 Mayor $q THE LEGAL PFtaR�14ID�1� 79 f�:s J!/ AT] AENT A TO IZ17SOLUTION NO. 79-1 The approval of the preliminary design plans for the redevelopment of Parcel(s) 102-3,4 submitted by First Federal Savings , as set forth in Resolution No. 7g -- F5-- dated January 19 79 ' is hereby made subject to the following conditions or reservations. The City reserves the right to re -review the site plan in its entirety following extensive revisions. The Design Review approval is for the building only. /"V RESOLUTION NO. 79-16 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS/HER DESIGNEE TO SETTLE CLAIMS UP TO $3,000 WHEREAS, numerous claims are filed against the City for injurie6 to persons and property by the City of Iowa City, its agents and employees, and WHEREAS, Chapter 613A of the Iowa Code authorizes the City to make payment to persons who have suffered such losses, NOW, THEREFORE BE IT ENACTED by the City Council of the City of Iowa City that: The City Manager or his/her designee is hereby authorized to settle all claims up to $3,000 against the City without further authorization by the City Council. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 9th day of January 1979, MAYOR ATTEST:Q..T" =e i— - CITY CLERK RECEIVED A A"^7^'V7D By THE LEGAL DEPARTMENT /- v- 71 .�3 RESOLUTION 79-17 RESOLUTION ALMURIZING CERTAIN CITY aU,IM-;P'.q TO ] ff7CU 17: CLAIM RELEASES WHEREAS, it is necessary for the Council to authorize certain city employees to execute releases on behalf of the City for claims by the City against other persons. NOW, THEREF RE, EIE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Finance Director is hereby authorized to execute releases on behalf of the City of Iowa City, Iowa, for claim of up to and including $2,000. 2. That the City Manager is hereby authorized to execute releases on behalf of the City of Iowa, City, Iowa, for claims greater than $2,000, and up to and including $10,000. :3. That all releases for amounts greater than $10,000 shall be executed by the Mayor, upon resolution of the Council, unless the resolution authorizes some other person to execute the release. It was moved by Roberts and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X DeProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 9th day of January 1979. ATTEST: ?/�a4/ Q.3,'e ; ) 090 � CITY / RECEIM A APPROM BO IAi E TWT TT19 J� 4ate—• T-L4— RESOLUTION NO. 79-18 RESOLUTION AUTHORIZING THE CITY MANAGER OF IOWA CITY TO OFFER A CABLE TELEVISION FRANCHISE TO HAWKEYE CABLEVISION CORPORATION WHEREAS, the City Council of Iowa City in Resolution No. 78-139, passed April 18, 1978, adopted a cable television policy and cable television procedures for the selection and designation of one or more cable television franchisees to provide cable service to Iowa City, and, WHEREAS, the City Council of Iowa City has adopted Ordinance No. 78-2917 setting forth comprehensive regulations of cable service in Iowa City and further establishing a procedure for the evaluation and selection of one or more cable television operators, and, WHEREAS, pursuant to these procedures the City has received applications from Hawkeye Cablevision Corporation and Eastern Iowa Cablevision, Inc., and further pursuant to these procedures the City's cable television advisory staff along with the City's cable television con- sultant have evaluated the proposals submitted by Hawkeye Cablevision Corporation and Eastern Iowa Cablevision, Inc. , with particular attention to the following items: a. The applicants' legal, financial and technical qualifications; b. The adequacy and feasibility of applicants' technical design and construction arrangements; c. The applicants' performance record in other communities; d. The adequacy of proposed services in light of the needs and Res. No. 79-18 - 2 - expectations of the community, and whether such services satisfy the spirit as well as the letter of the Broadband Telecommunications Ordinance No. 78-2917 of the City of Iowa City; WHEREAS, the cable television advisory staff in its report to the City Council of November 2, 1978, has identified the proposal by Hawkeye Cablevision Corporation as the superior and preferred proposal, and, WHEREAS, the citizens of Iowa City at a referendum • held on November 28, 1978, approved the proposal to grant a cable television franchise to Hawkeye Cablevision Corporation with substantially more votes than those cast for competing proposals, and, WHEREAS, to provide for the orderly and systematic development of cable television service in Iowa City, the City Council deems it to be in the public interest to grant a non-exclusive cable television franchise at this time, and, WHEREAS, the City Council of Iowa City reserves the right, pursuant to state law and Ordinance No. 78-2917, to grant further non- exclusive cable television franchises in the future at such time or times as deemed to be in the public interest by the City Council of Iowa City and the Iowa City Broadband Telecommunications Commission. NOW THEREFORE BE IT ENACTED BY THE CITY COUNCIL OF IOWA CITY THAT 1. The City Manager is authorized and directed to offer a cable .S`J Res. No: 79-18 - 3 - television franchise to Hawkeye Cablevision Corporation in accordance with the provisions of Ordinance No. 78-2917 and all applicable rules and regu- lations of the Federal Communications Commission and laws of the State of Iowa subject to satisfactory clarification of any outstanding matters identified by the City Manager, the cable television advisory staff, or the company. 2. It is intended that any final clarifications shall be completed by January 31, 1979, at which time the City Council shall entertain an ordinance specifically and formally granting a non-exclusive franchise to Hawkeye Cablevision Corporation. were: It was moved by Balmer and seconded by Perret that the resolution as read be adopted, and upon roll call there AYES: NAYS: ABSENT: Balmer X deProsse Erdahl x Neuhauser X Perret X Roberts X Vevera X 56 Res. No. 79-18 - 4 Passed and approved this 9th day of January 197 9 Mayor ATTEST: Q, -fan t�,e , �e�loy/y City Clerk RESOLUTION NO. 79-19 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: Dennis Ellis dba/0'Brien's, 119 Iowa Ave. Elks Club #590, 637 Foster Road 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: Balmer x deProsse x Erdahl x Neuhauser x Perret X Roberts x Vevera X Passed and approved this 16th day of Janua 19 79 Attest: ty City Clerk Mayor 'y r RESOLUTION No. 79-20 RESOLUTION ACCEPTING; PAVING & STORM SEWER FOR LOTS 3-18 OF RESUBDIVISION OF LOT 30, CONWAY'S SUBDIVISION 1%MREAS, the Engineering Department has certified that the following inprovements have been completed in accordance with plans and specifications of the City of Iowa City, Concrete pavinq and storm inlets as constructed by Metro Pavers, Inc., Iowa City, Iowa, and storm sewer as constructed by Knowling Brothers Construction Company, Coralville, Iowa, for Lots 3 through 18 of resubdivision of Lot 30, Conway's Subdivision. Not to include the detention facility. AND WHEREAS, Maintenance Bonds for Metro Pavers & Knowlina Bros. 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 Neuhauser and seconded by Perret that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 16th day of January , 1979 Mayor 1 ATTEST: City Clerk 117- --- RESOLUTION N0. 79-21 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT AND PLAT OF COURT HILL -SCOTT BOULEVARD, PART 7 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary planned area development and plat of Court Hill -Scott Boulevard, Part 7, be granted with the following conditions: The preliminary plat for Court Hill -Scott Boulevard, Part 7, is approved subject to approval of the final planned area development plan of Court Hill -Scott Boule- vard, Part 7. It was moved by Balmer and seconded by Neuhauser that the Resolution as rea e�op�-and upon roll cal t erre -were.- AYES: ere: AYES: NAYS: ABSENT: BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 16th day of January , 1979. ATTEST: (C z' Aez) CITY CLERK MAYOR Rocnived & Ap, rov*J Nhe LegalPep-A-i nt 1 I lL f -f RESOLUTION NO. __79-22 __ RESOLUTION DECLARING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRES ISSUANCF OF CERTAIN TAXI -CAB CERTIFICATES. WHEREAS, pursuant to Ordinance No. 2344, 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 16th -day of_January __ _ 1979, 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 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 A Better Cab Company for 7taxi-cabs, pending applicant's compliance with all provisions of Ordinance No. 77-2344, as amended. 2. The Mayor is authorized to sign, and the City Clerk to attest, this Resolution. Ey jhs Loc I G ,parr ;lent _ I �z 1q I IN Res. No. 79-22 -2- It was moved by 'ePr"s_M and seconded by Erdahl that theResolution as read be adopted, and upon roll ca 1 there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 16th day of January , 1979. ATTEST:_ P'�!'L- CITY CLERK 63 Certificate 16Z -V' Iowa, ctts,/�° Public Convenience and Necessity phis Certificate is Granted to A BETTER CAB COMPANY phis certificate authorizes the above firm to provide maxi Service for the period. of Ma'VoY-r in Iowa Citi 1979_ L l rol.. 911, --FEB, 28, 1979 JANUARY 16, 19797 M Attest= Cit' Clem, RESOLUTION NO. 79-23 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT TO PURCHASE LAND. WHEREAS, the City of Iowa City, Iowa is a municipal corporation duly authorized and acting under the laws of the State of Iowa, having the power granted by the State of Iowa to purchase property for park and recreational purposes, and WHEREAS, the City of Iowa City desires to purchase the property described as follows for park purposes: the east 120 feet of the north 40 feet of lot 13 in Irish's extension of Woods addition to Iowa City, Iowa, according to the recorded plat thereof, and WHEREAS, it is necessary to enter into a contract for the purchase of said property with Ms. Orelia Solnar of 526 Reno Street, Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk are hereby authorized and directed to enter a contract for the purchase of the above stated real estate. It was moved by deProsse and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser X Perret X Roberts x Vevera Passed and approved this 16th day of January , 1978. MAYOR ATTEST: I\ TY CLERK A>CCEIV D & APPROTO By TIM I=AI, DEPARTME" -/-s- .gr. RESOLUTION NO. 79 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTC TTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a ClassLiquor Control License application is hereby approvor the following named person or persons at the following described location: Jirsa-Lovetinsky, Ltd. dba/Moody Blue, 1200 South Gilbert Ct. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Neuhauser and seconded by Balmer as rea3—be adopted, and upon—r�I calf AYES: NAYS: ABSENT: x x x x x x Passed and approved thio 23rd day of January , 19 79 r Mayor Attest: vitc_c_ c City Clerk 4.S n RESOLUTION NO. 79-25 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: QuikTrip Corporation dba/QuikTrip #509, 225 South Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Balmer— that the Resolution as read -e adopted, and upon r— oll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 23rd day of January , 19 79 Mayor Attest: City Clerk M RESOLUTION NO. 79-26 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: QuikTrip Corp. dba/QuikTrip #509, 225 South Gilbert Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: City Clerk C 23rd day of January 6%�,- Mayor rm RESOLUTION NO. 79-27 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: Hawkeye Amusement Company dba/ Smith & Co., 1210 Highland Ct. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 23rd day of January , 19 79 . Attest: 0112L�1' City Clerk Mayor 6e, RESOLUTION N0. 79-28 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF REGENCY GARDENS, PART ONE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Regency Gardens, Part One be granted with the following conditions: None. it was moved by Neuhauser and seconded by Roberts that the resolution aa read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Abstain BALMER ePR SS RD HL x NEUHAnTT- x PERRET x ROBERTS x V EV ERA Passed and approved this 23rd ATTEST: 01,114-1 CITY CLERK G day of January , 1979. MAYOR RESOLUTION NO. 79-29 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR BOI, FIRST ADDITION, LOT 2 WHEREAS, the owner, Willis B water , has filed with the City Clerk of Iowa ty, owa, an application or has for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Beginning at the Northeasterly corner of Lot 3, BDI First Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 14, Page 97, said point being on the Westerly right-of-way line of Heinz Road; thence North 290 08' 32" East 200.00 feet along said Westerly right-of-way line of Heinz Road to the Northeasterly corner of said BDI'First Addition; thence North 610 01' 20" West 74.22 feet along the Northerly line of said BDI First Addition to a point; thence Northwesterly 125.06 feet along a 382.02 foot radius curve concave Northeasterly, said line being the said Northerly line of BDI First Addition to a point; thence North 420 12' 20" West 330.19 feet along said Northerly line of BDI First Addition to the Northeasterly corner of Lot 1 of said BDI First Addition; thence South 380 04' 13" West 329.45 feet along the Southeasterly line of said Lot 1, BDI First Addition to the Nor6hwesterly corner of said Lot 3, BDI First Addition; thence South 60 51' 28" East 561.48 feet along the Northerly line of said Lot 3, BDI First Addition to the point of beginning; and containing 3.08 acres more or less. also described as: Lot 2 of BDI First Addition to Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Bk. 14, p. 97. WHEREAS, said property is owned by the above-named party and no dedications 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. WHEREAS; said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. rcceivoci 91 G',� .eCv3:i By The L30d D"FaJincin4 7d 1 b b RESOLUTION NO. 79-29 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR BOI, FIRST ADDITION, LOT 2 WHEREAS, the owner, Willis B water , has filed with the City Clerk of Iowa ty, owa, an application or has for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Beginning at the Northeasterly corner of Lot 3, BDI First Addition to Iowa City, Iowa, as recorded in Johnson County Recorder's Office Plat Book 14, Page 97, said point being on the Westerly right-of-way line of Heinz Road; thence North 290 08' 32" East 200.00 feet along said Westerly right-of-way line of Heinz Road to the Northeasterly corner of said BDI'First Addition; thence North 610 01' 20" West 74.22 feet along the Northerly line of said BDI First Addition to a point; thence Northwesterly 125.06 feet along a 382.02 foot radius curve concave Northeasterly, said line being the said Northerly line of BDI First Addition to a point; thence North 420 12' 20" West 330.19 feet along said Northerly line of BDI First Addition to the Northeasterly corner of Lot 1 of said BDI First Addition; thence South 380 04' 13" West 329.45 feet along the Southeasterly line of said Lot 1, BDI First Addition to the Nor6hwesterly corner of said Lot 3, BDI First Addition; thence South 60 51' 28" East 561.48 feet along the Northerly line of said Lot 3, BDI First Addition to the point of beginning; and containing 3.08 acres more or less. also described as: Lot 2 of BDI First Addition to Iowa City, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Bk. 14, p. 97. WHEREAS, said property is owned by the above-named party and no dedications 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. WHEREAS; said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. rcceivoci 91 G',� .eCv3:i By The L30d D"FaJincin4 7d Resolution No, 79-29 Page 2 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 23rd day of Janaury , 19 79 , It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS x _ x _ x _ x x _ x ATTEST: CITY CLERIC ABSENT: x BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MAYOR 7/ Is RESOLUTION NO. 79-30 RESOLUTION APPROVING FINAL PLAT OF MEADEVILLE SUBDIVISION WHEREAS, the owner and proprietor, MSS, Ltd., has filed with the City Clerk a final plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of Meadeview Heights Subdivision of the Southwest Quarter, of the Southwest Quarter of Section 23, Township 79 North, Range 7 West of the 5th Principal Meridian, Johnson County, Iowa; which point is on the centerline of the County Road; Thence S54055'00"W, 623.4 feet along said centerline; Thence S62031100"W, 185.95 feet along said centerline to the Point of Beginning, all in accordance with the plat of survey recorded in Book 9, Page 17 of the Johnson County Recorder's Office; which point is N61046'18"E, 724.11 feet from the Southwest corner of Section 23, Township 79 North, Range 7 West of the 5th Principal Meridian; Thence N62° 31'00"E, 185.95 feet along said centerline; Thence N54° 55100"E, 483.30 feet along said centerline; Thence SO°02' 05"W, 339.81 feet; Thence S89057'55"E, 114.60 feet; Thence SO -02-05"W, 657.60 feet; Thence N89057131"W, 597.05 feet; Thence N06058'00"W, 638.16 feet to the Point of Beginning. Said tract of land containing 11.51 acres. WHEREAS, said property is owned by the above named individuals and the dedication has been made with their free consent and in accordance with their desire and intent. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory require- ments. WHEREAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdi- vision be accepted and approved. WHEREAS, the subdivision is located outside the corporate limits of the City of Iowa City, Iowa, but within a distance of two miles thereof. WHEREAS, the owners have executed an Agreement with the City of Iowa City, Iowa, pertaining to the dedication of certain improvements upon annexation of the subdivision to the City of Iowa City, Iowa. WHEREAS, compliance of said subdivision with the provisions of Sections 33-54 to 33-65, inclusive, Code of Ordinances, City of Iowa City, Iowa, should be waived. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Iowa, that said final plat and subdivision located on the above described property be and the same is hereby approved. a Res. #79-30 -2- BE IT RESOLVED FURTHER that compliance with the provisions of Sections 33-54 to 33-65, inclusive, of the Code of Ordinances, City of Iowa City, Iowa, be, and the same is hereby waived BE IT RESOLVED FURTHER 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. CITY OF IOWA CCITY, IOWA Mayor x City Clerk j, The above and foregoing Resolution was introduced by Council Person Balmer who moved its adoption. It was seconded by Council Person Neuhauser After discussion, the followin4 roll was called: Aye: Nay: Absent: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera WHEREUPON the Mayor declared the motion duly carried and the Resolution duly adopted this 23rd day of January , 1979. Attest: City Clerk � Mayor RECEIVED .& A2PRC'JM BY THE LEGAL DEPARTMENT i -/'7G %4 73 Z;_ / (Construction Costs) e RESOLUTION NO. 79-31 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT FOR FAUS PROJECT WHEREAS, the City of Iona City, Iowa, has negotiated an agreement amendment with the Iowa Department of Transportation , a copy of said amendment being attac to this Resolution anci by this reference made a and, WHEREAS, the City Council deans it in the public interest to enter into said amendment to the agreement for construction costs of the South Gilbert Street project (FAUS Project No. M-4051 (1)--81-52, Agreement No. 78 -F -040(A). 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 the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting same. It was moved by Neuhauser and seconded by Balmer the Resolution be adopted, and upon roll. call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PEP.RET X ROBERTS X VEVERA . Passed and approved this 24th day of January , 1979. Mayor ATTEST: /, (/ ltifi n City Clerk l��cev^c1 � Grprcve� E T SLec I D pzrtnant I t$ -Tl 7y I '44N 6 IOWA DEPARTMENT OF TRANSPORTATION AMENDMENT TO AGREEMENT FOR FEDERAL AID URBAN SYSTEMS PROJECT City: Iowa City County:Johnson Project No:M-4051(1)--81-52 Iowa Department of Transportation Agreement No: 78 -F -040(A) It is agreed between the Iowa Department of Transportation, here- inafter referred to as the "STATE", and the City of Iowa City hereinafter referred to as the "CITY", as follows: ' 1. The prior agreement No. 78-F-040 of the parties dated April 7 , 1978 is hereby amended to increase the federal portion of the Federal -aid project to 75% as a result of the passage of the "Surface Transportation Act of 1978" (Public law 95-599). 2. The obligation of the CITY shall be reduced accordingly to pay 25% in local funds. 3. In all other respects the obligations of the CITY and STATE shall remain as specified in their prior agreement. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 78_p -n4 A_)as of the date shown opposite its signature below. City of Iowa Cit By_ , n ;C�- ffR ? ,�, 19 ./ . 7 ! 197 Title IPA yo/� I, ��sf /r�� ✓/�-�,(r i certify that I am the Clerk of the CITY, and that .I'� I, ;f��'�� -94"fid_. who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, rc� on the ,2� day of +/ i. ,� , 197q Signed ���f- -,�J(/ �L• / City Clerk of Iowa City Iowa Da to { 'G//�! ;'c/ �� 197 IOWA DEPARTMENT OF TRANSPORTA-PION Highway Division DivJisiioon �% /� B y T2dZl� (- . /7Z,.k.a_liC /Gi�I7l� , 19 7f Urban Systems Eritjineer Da to (R -O -W Acquisition) L• RESOLUTION No. 79-32 RESOLUTION AUTHoRI2ING E}s=ioN OF AMENDMENT TO AGREEMENT FOR FAUS PROJECT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement amendment with the Iowa De artment of Trans ortation a Dopy of said amendment being atta to s Reso u on s reference mads a�, and, WHEREAS, the City Council deans it in the public interest to enter into said amendment to agreement for right-of-way acquisition costs in reference to the South Gilbert Street project (FAUS Project No. M-4051 (M-81-52, Agreement No. 78 -F -083(A). 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 the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting same. It was noved by Balmer and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE ERDAHL X NEUHAUSER PERRET X ROBERTS X VEVERA . Passed and approved this 23rd day of January , 1519. rl�urt %Mayor AT=: ! as �J City Clerk Received & A -p cvcd n� IOWA DEPARTMENT OF TRANSPORTATION AMENDMENT TO AGREEMENT FOR FEDERAL AID URBAN SYSTEMS PROJECT City: Iowa city County:Johnson Project No:M-4051(2)--81-52 Iowa Department of Transportation Agreement No: 78-r-083(21) It is agreed between the Iowa Department of Transportation, here- inafter referred to as the "STATE", and the City of Iowa City hereinafter referred to as the "CITY", as follows: 1. The prior agreement No.78-F-083 of the parties dated August 18 , 1978 is hereby amended to increase the federal portion of the Federal -aid project to 75% as a result of the passage of the "Surface Transportation Act of 1978" (Public law 95-599). 2. The obligation of the CITY shall be reduced accordingly to pay 25% in local funds. 3. In all other respects the obligations of the CITY and STATE shall remain as specified in their prior agreement. 79 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement . No. 78 -F -083(A) as of the date shown opposite its signature below. City ofIowa f v By (/�r��/./,//� r+.r/ �. < ..r 2_ 197 Title //7AYO2 I, certify that I am the Clerk of the CITY, and that t.�, ,`d��1,�-^,�('.)/ / who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, L1 on the�day of tr.aaGv U 197-. Signed City Clerk of Iowa City Iowa Date IOWA DEPARTMENT OF TRANSPORTATION Highwa -D,i/vision By S�7yf ( (�• "g a �7� 197 r an Systems E gineer Date 16 RESOLUTION NO. 79-33 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/SMALL CITIES PROGRAM PRE -APPLICATION IN THE AMOUNT OF $530,000 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 prepared a pre -application for federal assistance under the Community Development Block Grant/Small Cities Program totaling an amount of $2,000,000 over a three-year period, of which this year's asking is $530,000; and, WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to participate in the pre -application's development; and, WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said pre -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 a pre -application for the Community Development Block Grant/Small Cities 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 pre -application, specifically assurances contained in HUD Form 70588; 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 Perret and seconded by Erdahl 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 Balmer deProsse Erdahl Neuhauser Ferret Roberts Vevera 23rd day of January 1979, Mayor ATTEST: City Clerk RECEIVED h APPROVED BW IDIE*ARTI ';NT that RESOLUTION NO. 79-34 A RESOLUTION AUTHORIZIIv3 THE MAYOR TO EXECUTE AND TEIE CITY CLERK TO ATTEST AN AGREFffM PURSUANT TO S 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, BMVEEN THE CITY OF IOWA CITY, LEAD AGENCY, AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL CIO, LOCAL 183 AND I= 12, THE UNION. WHEREAS, the City of Iowa., Iowa. has filed a Section 3 Mass Transportation Capital Improvement Grant Application for FY79 under the Urban Mass Transportation Act of 1964, as amended, to assist in the financing of buses and vans. WHEREAS, the University of Iowa CAMBUS Service, the City of Coralville Transit Division, and Johnson County SEATS, all provide transit service in coordination with the above-named Lead Agency; and WHEREAS, Sections 13(c) and 3(c) of the Act require, as a condition of assistance thereunder, that fair and equitable arrangements be made, as deter- mined by the Secretary of Labor "to protect the interests of employees affected by such assistance", including, without being limited to, the preservation of all rights, privileges and benefits under existing collective bargaining agree- ments or otherwise, the continuation of collective bargaining rights, the pro- tection of individual employees against a worsening of their position with respect to their employment, assurances of employment to employees of acquired transportation systems and priority of re-employment of employees terminated or laid off, and paid training and re-training programs in the event of termination or layoff, and WIMEAS, the normal procedure under the Act is for the application or employer of employees and the Union to assist the Secretary of Labor by agreeing upon such arrangements as will be fair and equitable to protect the interests of affected employees; NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City that the Mayor be authorized to execute and the City Clerk to attest an agreement pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, as amended, between the City of Iowa City, Lead Agency, and the American Federation of State, County and Municipal nnployees, AFL-CIO, Local 183 and Local 12, The Union to assure compliance with the Mass Transportation Act. 0 Page 2. Resolution No. 79-34 It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 23rd day of January , 1979. MAYOR ATTEST: r11--1; .� CITY CLERK RECEIVED & APPROVED BY THE LEGAL DEPARTMENT 8� J AGREEMENT AGREEMENT PURSUANT TO SECTION 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, BETWEEN THE CITY OF IOWA CITY, LEAD AGENCY, AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO, LOCAL 183 AND LOCAL 12, THE UNION. WHEREAS, the City of Iowa City, Iowa ("Lead Agency") has filed a Section 3 Mass Transportation Capital Improvement Grant Application for FY79 under the Urban Mass Transportation Act of 1964, as amended, to assist in the financing of capital equipment purchases of seven (7) 45 passenger coaches, two (2) 12-17 passenger lift -equipped small buses, and two (2) 14 passenger vans, as more fully described in the project application ("Project"); and WHEREAS, the University of Iowa CAMBUS Service, the City of Coralville Transit Division, and Johnson County SEATS, all provide transit service in coordination with the above-named Lead Agency; and WHEREAS, employees of the Lead Agency and the City of Coralville are represented by AFSCME Local 183, and some transit employees of the University are represented by AFSCME Local 12. Other student employees of CAMBUS are not organized but operate under University policies and employees of Johnson County SEATS are not organized but operate under statutory rights and responsibilities for employees; and WHEREAS, Sections 13(c) and 3(c) of the Act require, as a condition of assistance thereunder, that fair and equitable arrangements be made, as determined by the Secretary of Labor "to protect the interests of employees affected by such assistance," including, without being limited to, the preservation of all rights, privileges and benefits under existing collective bargaining agreements or otherwise, the continuation of collective bargaining rights, the protection of individual employees against a worsening of their positions with respect to their employment, assurances of employment to employees of acquired transportation systems and priority of re-employment of employees terminated or laid off, and paid training and re-training programs in the event of termination or layoff, and WHEREAS, the normal procedure under the Act is for the applicant or employer of employees and the Union to assist the Secretary of Labor by agreeing upon such arrangements as will be fair and equitable to protect the interests of affected employees; NOW, THEREFORE, it is agreed that in the event that this Project is approved for assistance under the Act, the following terms and conditions shall apply: A7� E (1) When used in this agreement: (a) "employees" shall refer to employees of the City of Iowa City who are engaged in the operation of the Iowa City Transit systems, employees of the City of Coralville who are engaged in the operation of the Coralville Transit system, employees of Johnson County who are engaged in the operation of the SEATS system, and employees of the University who are engaged in the operation of the Cambus system. (b) employer shall refer to the City of Iowa City, the City of Coralville, Johnson County and the University of Iowa. (c) "Project" shall refer to the purchase of buses and vans as described in Exhibit A of this application. (d) the phrase 'as a result of the project' shall refer to events occurring in anticipation of, during, and subsequent to the Project, which shall be limited to the purchase and use of buses and vans by the cooperating agencies. (2) The Project shall be carried out in such a manner and upon such terms and conditions as will not in any way adversely affect employees represented by the union. (3) All rights, privileges and benefits of employees represented by.the Union under existing collective bargaining agreements or otherwise shall not be adversely affected as a result of this project. (4) The collective bargaining rights of employees represented by the Union as provided by applicable federal and state laws as well as rules and policies of the Board of Regents or the University or the Public Employment Relations Board shall not be adversely affected as a result of this Project. The Lead Agency and other agencies subject to this agreement agree that they will bargain collectively with appropriate unions to the extent of their duty to bargain under federal and state laws and that they will enter into agreements with the Union or arrange for such agreements to be entered into relative to all subjects of collective bargaining whicb are, or may be proper subjects of collective bargaining for public employees in Iowa. (5) No employee shall be laid off or otherwise deprived of employ- ment, or placed in a worse position with respect to compensation, hours, working conditions, promotional rights, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the Project. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in the case of his or her resignation, death, retire- ment, dismissal for cause, failure to work due to disability or discipline. The Lead Agency or any other employer subject to this agreement shall 9�/ 3 have the burden of affirmatively establishing that any deprivation of employment from the above causes or any other worsening of employment position has not been a result of the Project. In addition, an employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of a curtailment of federal work study funds or funds provided from student fees for the operation of the Cambus Service provided that the University makes a good faith effort to obtain such funds or reasonable alternatives thereto. The Lead Agency and other employers subject to the agreement shall not discriminate in hiring, tenure, or other terms and conditions of employment against any employee on the grounds of membership or lack of membership in any employee organization. Nothing in this agreement shall be construed as forfeiture or modification by the Union and/or the employees covered by this agreement of any rights or benefits under any other agreement or provision of law. Any employee who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. For employees of the Lead Agency and the City of Coralville the grievance proceeding shall be a negotiated contract procedure existing between the parties or any subsequent procedure negotiated as a result of collective bargaining for the resolution of grievances. For employees of the University, the grievance proceeding shall be conducted pursuant to the Regent's Merit System Rules or any other applicable Board of Regents or University rules or procedures which may exist in addition to or in substitution thereof, including any procedures existing pursuant to any collective bargaining agreements negotiated pursuant to Chapter 20 and which covers the individual employee. For employees of Johnson County, the grievance proceeding shall be any proceeding which results in binding arbitration with the County. (6) This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by reason of arrangements made by the Lead Agency or any other employer subject to this agreement to manage and operate the system. Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management or operation of the applicable transit systems, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions. (7) In the event any provision of this agreement is held to be invalid or otherwise unenforceable under federal, state, or local law, such provision shall be renegotiated between the parties for the purposes of adequate replacement under Section 13(c) of the Urban Mass Transportation Act of 1964. If such negotiation shall not result in a mutually satis- factory agreement, either party may invoke the jurisdiction of the D� 4 Secretary of Labor to determine substitute employee protective arrangements which shall be incorporated into this agreement. (8) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance, but shall be independently binding and enforceable by and upon parties hereto, in accordance with its terms. IN WITNESS THEREOF, the parties hereto have executed this agreement by their duly authorized representative(s) this day of 'Tanuorcn , 197 9 CITY OF IOWA CITY, IOWA JOHNSON COUNTY AREA PUBLIC EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 7 �o n BY: BY: O�Lw� �[ ATTEST: City Clerk `l F:a RECEIVED g A:" BY THE LEGAL DEPARTMENT 114 UNIVERSITY OF IOWA EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #12 BY: 1-M WE ksa RESOLUTION NO. 79-35 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPL BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvedTor the following named person or persons at the following described location: Bushnell's Turtle, Inc. dba/Bushnell's Turtle, 127 College St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the License fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by �� and seconded by that the Resolution as read be adopted, and upon roll call there were: AYES: . NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved thio 30th day of January , 19 79 . 1 Attest: �,cY)4 City Clerk Mayor R7 RESOLUTION N0, 79-36 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPL BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveFTor the following named person or persona at the following described location: Lorna K. Smith dba/Smith and Company, 1210 Highland Court Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution as rea_r6e adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl xY Neuhauser x Perret x Roberts x yevera Passed and approved this 30th day of January , 19 79 Attest: (',�!�/f.. < Xi City Clerk Mayor 'R'F-C a RESOLUTION NO. 79-37 RESOLUTION ACCEPTING THE WORK AS DONE BY PAULSON CONSTRUCTION FOR CONSTRUCTION OF PROJECTS FOR ARCHITECTURAL BARRIERS WHEREAS, the Engineering Department has recommended that the improvement covering the construction of projects for the architectural barriers as included in a contract between the City of Iowa City, Iowa, and Paulson Construction Company of West Branch, Iowa, dated September 15, 1977, be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, 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 Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE xv ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 30th day of January , 1979. MAYOR ATTEST: r6 � CITY CLERK Received a B�The Lacill Ce e::t �en4 irk k1' � i RESOLUTION NO. 79-38 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE GOVERNOR STREET BRIDGE PROJECT WHEREAS, Hanson Concrete of Washington, 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 Hanson Concrete of Washington, Iowa, for $178,759.50 after change order N1, (excluding alternate bid H1) subject to the condition th awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x V Passed and approved this BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA 30th day of ATTEST:('ill' LLL, CITY CLERE(, January 1979 . MAYOR Ey Tha Legal Dq a ;aanl /-.-�3-'-9 /.--, �— i OA __I1 Pui? 9n A 9 CONTRACT THIS AGREEMENT, made and entered into this 30th day of January 19 79, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and Hanson Concrete Co 409 North Avenue B Washington Iowa 52353 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 31st day of `July , 19_Z8, for the Governor Street Bri 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 J41FXiWWexcluding Alternate No. 1. 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. Speci j.1 °rovisions f. Proposa q. 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. CITY OF,{IOWA CITY IOWA Contractor- Hans/on Concrete Co. (Seal ) By (Seal ) By— (Title) Mayor (Title) .( .�I-•7 ATTEST: (Title) City Clerk ATTEST: (3e -r, 4;A (Title) 6JU ompany Official) CF -2 CONTRACT FOR: CONTRACTOR: CONTRACT DATE: ENGINEER'S PROJECT NUMBER TO: CHANGE ORDER NO. I Construction of the 36' Street Improvements on the City of Iowa City Hanson Concrete Company January 30, 1979 SHA 377439-2 x 30' Steel Beam Bridge and Governor Street for Hanson Concrete Company, Contractor You are directed to do the additional work and make such changes as noted below in the subject contract: OW14ER: City of Iowa City BY DATE: Z , d l 79 MATURE OF THE CHANGE: The abutments are to be founded on IOBP42 steel piling driven to refusal on rock in lieu of the spread footings. These piling are to be fitted with Pruhyn Points and field welded plate pile caps. The requirements for the piles and pile driving shall be as specified by Section 2501 of the IDOT Specifications. Applicable portions of Section 1107 will apply to all pile driving operations. 2. The bottom of the abutment concrete will be at the bottom of the existing concrete footing (Elevation 62.93)• If the existing material at this level is not of satisfactory character, overexcavation with crushed rock backfill will be required. If this overexcavation and backfill is required, the'applicable unit prices of the c6ntract items shall apply for these quantities. 3. The existing abutment backwaIIs shall be removed to about 2'-3" above the existing concrete floor slab (Elevation 66.43). 4. The top of the dead man anchor shall be raised two feet Lo Elevation 69.75 and Lhe face of this anchor shall be moved 1'-6" closer Lo the abutmenL (15'-6" from the back face of the new abutment backwall). The bottom of the anticipated excavation in this area shall be two feel higher to Elevation 67.75• 5. The excavation classification line shall be raised to Elevation 65.0. 6. The payment for this change will be reflected in the following quantity and price adjustments. SHIVE-HATTERY & ASSOCIATES Y« NATURE OF THE CHANGE (CONTINUED): 6A, la. Reduce Contract Item 1 from 180.2 c.y. to 150 c.y, with all reduction in Class C Concrete. 6a. Reduce Contract Item 6 from 1350 c.y. to 1020 c.y. 7a. Reduce Contract Item 7 from 136 c.y. to 40 c.y. 10a. Reduce Contract Item 10 from 1081 c.y, to 700 c.y. 20a. Change lump sum contract price for removal of existing structure from $26,000 to $25,000 6B. Add Contract Item 30 for furnishing and driving 28 10" 42H H piling at $20.00 per linear foot. Estimated quantity Is 365 linear feet. 7. The net effect of this change order shall be to provide 14'$17,411.10 deduct from the total contract price. This reduces the base contract total of $196,170.60 to $178,759.50. This Change Order No. 1 does not alter any other provisions of this contract. The Above Change Order is Approved: SHIVE-HATTERY_ ASSOCIATES By: Date: 30 c%a..Iuo-✓y /,.979 The Above Change Order is Accepted: HANSON CONCRETE COMPANY, Contractor B y : Date: SHIVE•HATTERY & ASSOCIATES RESOLUTION NO. 79-39 RESOLUTION AUTHORIZING APPLICATION FOR SO FAMILY UNITS UNDER THE SECTION 8EXISTING 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 application to administer a Section 8 Existing Housing Program, and MeeT/i 9 P'Z�o WHEREAS, Iowa City presently has a contract under the Section 8 Exist- ing 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 Develop- ment for a fifty (50) 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 Ferret THERE WERE: AND SECONDED BY Neuhauser THAT THE RESOLUTION AS READ BE ADOPTED, AND UPON ROLL CALL, AYES: NAYS ABSENT: PASSED AND APPROVED THIS 30th DAY OF BAI2,1ER DE PROSSE NEUHAUSER PERRET ROBERTS URDAHL VEVERA January 1979. .rl/��/(/. ��`•.t sir/ MAYOR ATTEST: CITY CLERK RSCEIVED & APPEO'TED BY THE LEGAL DE_ARTMENT 1-:911-17X 949::_ T/ Council Member Roberts introduced the following Resolution and moved its adoption. Council Member deProsse seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 79-40 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that paving, be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said improvements be constructed under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct paving, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: (Iowa City - 1979 Street Improvements -- Tanglewood Street - Ventura Avenue) TANGLEWOOD STREET - From 259.16 feet south of Ventura Avenue to 180 feet north of Ventura Avenue. Paving to be seven (7) inch thick concrete, twenty-five (25) feet wide with integral curb. -3- AHLERS. COONEY. DORWEILER. HAYNIES SMITH. LAWYERS, DES MOINES. IOWA 9Z f VENTURA AVENUE - From Tanglewood Street west to Dubuque Street. Paving to be seven (7) inch thick concrete, twenty-five (25) feet wide with integral curb. Subdivision C. That Eugene A. Dietz, P.E. (City Engineer), of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and specifications and esti- mates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: (Iowa City - 1979 Street Improvements -- Tanglewood Street - Ventura Avenue) All property included within the areas described so as to include one-half of the privately owned property between each such street improved and the next street, whether such privately owned property abuts upon the improved street or not. In no case shall property situated more than 300 feet from the improved street be assessed. Subdivision E. The said improvement shall be designated as the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED, this 30th day of January 1979. Mayor ATTEST: i Clerk -4- AHLERS. GOONEY. DORWEILER. HAYNIE&SMITH. LAWYERS, DES MOINES, IOWA q3 T oo - Council Member deProsse 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: Roberts. Veyera. Balmer. deProssP Frdahl Neuhauser, Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-41 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), said valuation being set forth in a prelimi- nary schedule entitled "Schedule of Assessments for Paving - 1979", under the column therein headed "Property Value": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boundaries of said improvements and the Clerk is hereby directed to forthwith deliver the same to Eugene A. Dietz, P.E., the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which he is to prepare and file with this Council. PASSED AND APPROVED, this 30th day of January 1979. Mayor ATTE T: L Clerk -5- AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH, LAWYERS. DES MOINES. IOWA �y Council Member Roberts introduced the following Resolution and moved its adoption. Council Member deProsse seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perrot, Roberts NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-47 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 1979 STREET IMPROVEMENTS (TANGLEWOOD STREET - VENTURA AVENUE) WHEREAS, this Council has caused to be prepared prelimi- nary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and spe- cifications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said 1979 Street Improvements (Tanglewood Street - Ventura Avenue). AHLERS. GOONEY. DORWEILER. HAYN IE b SMITH. LAWYERS. DES MOINES. IOWA 9s V PASSED AND APPROVED, this 30th day of January 1979. ATTEST/• � Clerk Mayor -7- ARLERS, GOONEY. DORWEILER. HAYNIE h SMITN. LAWYERS. DES MOINES, IOWA 76 Council Member BeIfIer introduced the following Resolution entitled "RESOLUTION OF NECESSITY" and moved that it be proposed. Council Member Roberts seconded the motion. The matter was discussed and the roll being called, the vote was, AYES: Balmer, deProsse, Erdahl, Neuhauser, Perret Roberts, Vevera NAYS: None Whereupon, the Mayor declared the motion adopted and the resolution to have been introduced and proposed as follows: RESOLUTION NO. 79-43 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY TETE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. M'0 AHLERS. COONEY. DORWEILER, HAYNIE S SMITH. LAWYERS. DES MOINES, IOWA 97 The method of construction shall be by contract. Costs of said improvements will be assessed to the pro- perties within the boundaries of the district. No property shall be assessed more than it is benefited by the improve- ments nor more than 25% of its value on -the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by.property owners during the thirty day collection period and the sale of Street Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may.be legally used for such purpose. BE IT FURTHER RESOLVED, that.this Council meet at 7:30 O'clock p, M., on the 6th day of March 1979, in the Council Chambers in the Civic Center, for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, .he shall be deemed to have waived all objections pertaining to the regu- larity of the proceedings and the legality of using special assessment procedure.. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be'published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form; A HLERS. GOONEY. OORWEILER, HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA 9 R' (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts pro- posed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a street improvement, designated as the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), of the types and in the location as follows: (Iowa City - 1979 Street Improvements -- Tanglewood Street - Ventura Avenue) TANGLEWOOD STREET - From 259.16 feet south of Ventura Avenue to 180 feet north of Ventura Avenue. Paving to be seven (7) inch thick concrete, twenty-five (25) feet wide with integral curb. VENTURA AVENUE - From Tanglewood Street west to Dubuque Street. Paving to be seven (7) inch thick concrete, twenty-five (25) feet wide with integral curb. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: (Iowa City - 1979 Street Improvements -- Tanglewood Street - Ventura Avenue) All property included within the areas described so as to include one-half of the privately owned property between each such street improved and the next street, whether such privately owned property abuts upon the improved street or not. In no case shall property situated more than 300 feet from the improved street be assessed. The Council will meet at 7:30 o'clock P•M., on the 6th day of March , 1979, at the Council Chambers in theCivic Center, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improve- -10- AHLERS, GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES, IOWA ments, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. Clerk of Iowa City,t Iowa (END OF NOTICE) -11- AHLERS. COONEY. DORWEILER, HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA 100 APPROVED AND PROPOSED at the meeting held on the 30th day of January , 1979. i Mayor ATTEST: „ ////(,�l nG 1a I I �Il�ll/LL. Clerk -12- AHLERS, COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS. DES MOINES. IOWA RESOLUTION NO. 79-44 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: Lorna K. Smith dba Smith and Company, 1210 Highland Court It was moved by Roberts and seconded by Neuhauser that the Resolution as read e adopted? and upon rol ca t ere were: AYES: Balmer deProsse x Erdahl x Neuhauser x Perret Roberts x Vevera x NAYS: ABSENT: Passed and approved this 197 9 . Attest: LL!�/ t' (X City. Clerk x x 6th day of February , Mayor /'-) ":7 - /6 < RESOLUTION NO. 79-45 RESOLUTION TO REFUND BEER PERMIT WHEREAS, Friday's Corporation dba/ akx T.G.I. Friday's, 11 South Dubuque has surrendered Beer Permit No. 3590 expiring August 3, 1979 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby 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 $ 150.00 , payable to Friday's Corporation for refund of Beer Permit No. 3590 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 6th day of February lg 79 Mayor Attest: City Clerk �d 3 4� _ Z RESOLUTION NO. 79-46 RESOLUTION SETTING PUBLIC HEARING ON BUDGET ESTIMATE FOR THE FISCAL YEAR JULY 1, 1979, THROUGH JUNE 30, 1980. 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., February 27, 1979, to permit any taxpayer to be heard for or against the proposed FY80 Budget for the year ending June 30, 1980. The City Clerk is hereby directed to give notice of public hearing and the time and place thereof by publi- cation 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 Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer X deProsse X Erdahl x Neuhauser _ x Perret x Roberts x Vevera Passed and approved this 6th day of February 1979. /oma ueti MAYOR CITY CLERK RECEIVED & APPROVED BY THE LEGAL DEPARTIMT /d ......OLUTION NO. 79-47 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF VILLAGE GREEN,PART 10 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Village Green, Part 10 be granted with the following conditions: That the preliminary plat be approved subject to IDEQ's approval of the sewage detention facility. 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: Passed and approved this 6th ATTEST: CITY CLERK t day of February 9 1979, MAYOR m• Pr T'i' Lsgr,Do 1 ��1 un i'rr• •s t Passed and approved this 6th ATTEST: CITY CLERK t day of February 9 1979, MAYOR /DS Pr T'i' Lsgr,Do 1 ��1 ksp /DS RESOLUTION NO. 79-48 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location. Jose Martin Elizondo dba E1 Fronterizo, 1200 S. Gilbert Court Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution asa readopted, and upon roi�a7T there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of February 19 79 Mayor Attest: City Clerk s RESOLUTION NO. 79-49 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Jose Martin Elizondo dba E1 Fronterizo, 1200 S. Gilbert Court Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x 9 Passed and approved this 13th day of February , 19 79 — /.��( /r• �LJ Mayor Attest• � ( .1 � ('4 City Clerk /D 7 0 RESOLUTION NO. 79-50 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Krause Gentle Oil Corp. dba/Iowa City Sav-Mor Kerr-McGee Stationstore, 1104 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this Attest: City Clerk 13th day of Mayor February 19 79 /a IF RESOLUTION NO. 79-51 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Krause Gentle Oil Corp. dba/Iowa City Sav-Mor Kerr-McGee Stationstore, 1104 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Rnhprtc that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 19 79 Attest: City Clerk i� x 13th day of Februa Mayor r RESOLUTION NO. 79-52 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Cedar Falls Oil Co. dba/Holiday Stationstore, Highway 6 and Rocky Shore Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved byBa'Ben and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of February , 1979 Mayor Attest: City Clerk RESOLUTION NO. 79-53 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Raor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Cedar Falls Oil Co. dba/Holiday Stationstore, Highway 6 and Rocky Shore Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved this 19 79 / n Attest City Clerk x x 13th day of FPhruary Mayor I'll RESOLUTION NO. 79-54 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveTTor the following named person or persons at the following described location: Ambrose-Lovetinsky, Inc. dba Woodfield,s 223 1/2 E. Washington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as re�a be adopted, and upon roil—ca= there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved thio 13th day of February 19 79 Mayor Attest: City Clerk �� RESOLUTION NO. 79-55 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: Ambrose-Lovetinsky, Inc. dba Woodfields, 223 1/2 Washington St. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of February _► 197 9 . Attest: City Clerk , Mayor 113 RESOLUTION NO. 79-56 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 of Iowa City, Inc. dba Grand Daddy's, 505 E. Burlington It was moved by Balmer and seconded by Roberts that the Resolution as read J3e adopted, and upon rol ca t ere were: AYES: Balmer _ x deProsse Erdahl x Neuhauser Perret x Roberts x Vevera x 197 9 NAYS: ABSENT: x x Passed and approved this 13th day of February , Mayor Attest: City Clerk //V RESOLUTION NO. 79-57 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: Sinclair Marketing, 731 S. Riverside Dr. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer X deProsse Erdahl X Neuhauser Perret x Roberts x Vevera x Passed and approved this 13th 19 79 . Attest: City Clerk Mayor ABSENT: X X day of February , //5 �l RESOLUTION NO. 79-58 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv_ed7or the following named person or persons at the following described location: Grand Daddy's of Iowa City, Inc. dba Grand Daddy's, 505 E. Burlington Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as rea-Ee adopted, and upon ro7lcaIT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of February 19 79 Mayor Attest: City Clerk /116 RESOLUTION NO. 79-59 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: Jirsa-Lovetinsky Ltd,dba Moody Blue, 1200 South Gilbert Court It was moved by Balmer and seconded by Roberts that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 197 9 . Attest: F [u ��/�!J City. Clem 13th day of February Mayor 11,7 ✓0 RESOLUTION NO. 79-60 RESOLL f AMENDING THE CLASSIFICATION I FOR CLASSIFIED PERSONNEL BY ADDING AND RE-EarxdLISHING POSITIONS WHEREAS, the City of Iowa City, Iowa employs certain classified personnel, and, WHEREAS, it is necessary to amend the classified personnel plans included in Resolution No. 78-295, WHEREAS, Resolution No. 78-340 established the position of Energy Program Coordinator in the Administrative Pay Plan in Group II, and amended Resolution No. 77-410, and, WHEREAS, the said Resolution No. 78-340 should have amended Resolution No. 78-295 instead of Resolution No. 77-410, and, WHEREAS, it is necessary to repeal Resolution No. 78-340 and to re-establish the position of Energy Program Coordinator, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 78-295 be amended by: 1) Establishing one Broadband Telecommunications Specialist position in range 11 of the Pay Plan. 2) Establishing one Senior Center Coordinator position in Group III of the Administrative Pay Plan. 3) Establishing one Energy Program Coordinator position in the Administrative Pay Plan in Group II• 4) Resolution No. 78-340 is hereby repealed. It was moved by Balmer and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: - x Balmer x deProsse x _ Erdahl x Neuhauser x _ Perret X Roberts X Vevera Passed and moved this 13th day of February , 1979• ATTEST: (a- CITY CLERK RECEIVED & 1' VED B THEEGk'� g F llt 0\ RESOLUTION NO. 79-61 RESOLUTION AMENDING BUDGET AUTHORIZATION RESOLUTION NO. 78-128 FOR THE PARKS AND RECREATION DEPARTMENT, CEMETERY DIVISION WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely on the action of the City Council referred to as classified personnel, and, WHEREAS, it is necessary to amend the FY79 Budget as authorized by Resolution No. 78-128, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Resolution No. 78-128 be amended as follows: 1) By the addition of one (1) Maintenance Worker III to the Parks and Recreation Department budget, Cemetery Division, and, 2) By the elimination of one (1) Maintenance Worker II from the Parks and Recreation Department budget, Cemetery Division. It was moved by Balmer and seconded by_ that the Resolution as read be adopted and upon roll call AYES: NAYS: ABSENT: x Balmer _ X deProsse x Erdahl _ x Neuhauser x Perret x Roberts x Vevera Passed and approved this13thday of ATTEST: City Clerk February Erdahl there were: , 1979 i ON RECEIVED & APPROVED 8 2 $ iM - RESOLUTION NO. 79-62 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN THE AMOUNT OF $935,500 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, 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; and, WHEREAS, the City of Iowa City, Iowa, has prepared an application for federal assistance with a Community Development Block Grant in the amount of $935,500; and, WHEREAS, the City Council 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 he is hereby directed to file with the United States Department of Housing and Urban Development an application for federal assistance under the Housing and Community Development Act of 1974; 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 7068 (6-78); 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 Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse x Erdahl _ x Neuhauser x Perret x Roberts X Vevera Passed and approved this 13th day of February / Mayor ATTEST: City Cler RE71 VB,D & k-" - " .D BY THE LEGAL DEPARTMENT --:1 6--79' f1x<! 1979. Ia 0 RESOLUTION NO. 79-63 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIn'fIifA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve or the following named person or persons at the following described location: W. Marcus Hansen dba Gilbert Street Tap, 1134 S. Gilbert St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Neuhauserr_ that the Resolution as read be adopted, and uponrollcall there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of February , 19 79 Mayor Attest: C�ctC City Clerk la l I RESOLUTION NO. 79-64 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location. Edna Eldeen dba Hilltop Tavern, 1100 North Dodge St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by that the Resolution as rea a adopted, and upon -roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of February , 19 79 Attest:i� City Clerk �/_, Mayor ia� RESOLUTION NO. 79-65 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Lucky Stores, Inc. dba Eagle Discount Supermarket #157, 600 N. Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse AYES: NAYS: ABSENT: x x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of February 19 79 Mayor Attest: City Clerk RESOLUTION NO. 79-66 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Lucky Stores, Inc. dba Eagle Discount Supermarket #157, 600 N. Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th_ day of February 19 79 . �'6l'1/C Mayor Attest: City Clerk J RESOLUTION NO. 79-67 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Lucky Stores, Inc. dba Eagle Discount Supermarket #220, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. 4 The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of February , 19 79 Attest: L City Clerk Mayor RESOLUTION NO. 79-68 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class f'Ree,. Sunday Permit application is hereby approved for the following named person or persons at the following described location: Lucky Stores, Inc. dba Eagle Discount Supermarket #220, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: x x x x x x x Passed and approved this 20th 19 79 Mayor Attest: City Clerk ABSENT: day of February 1.,9,6 RESOLUTION NO. 79-69 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Lucky Stores, Inc. dba May's Drug Store #198, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of February , 1979 Mayor Attest: y 4Ci Clerk M7 P--,2-< RESOLUTION NO. 79-70 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class f.Ravr Sunday Permit application is hereby approved for the following named person or persons at the following described location: Lucky Stores, Inc. dba May's Drug Store #198, 1101 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: C& A_,4� ) City Clerk ABSENT: 20th day of February Mayor /a 9 RESOLUTION NO. 79-71 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY79 BUDGET ENDING JUNE 30, 1979. 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., March 6, 1979, to permit any taxpayer to be heard for or against the proposed amendment to the FY1979 Budget ending June 30, 1979. 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, at least four (4) days before the time set for such hearing. It was moved by Roberts and seconded by Neuhauser that the Resolution as read be a opte , and upon roll caTl there were: WN&i Passed and approved this 20th MAYOR CIT CLERK ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera day of February 1979. RECEIVED 6 APPROVED BY THE LEGAL DEPARTIMT /,::?- 19 /C RESOLUTION NO. 79-72 RESOLUTION APPROVING PRELIMINARY LARGE SCALE RESIDENTIAL DEVELOPMENT FOR THE WESTWINDS (WINDSHIRE) WHEREAS, the owner, Medivestments, Ltd., has filed with the City Clerk of Iowa City, Iowa, an application for approval of a preliminary large scale residential development plan for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N 000 13' 31" W, 1875.00 feet on the Centerline of Mormon Trek Blvd.; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 619.00 feet to the point of beginning; thence West 177.65 feet; thence N 000 16' 13" W, 715.36 feet to the Southerly Right - of -Way line of Melrose Avenue; thence N 890 09' 16" E, 273.79 feet; thence Southeasterly 31.58 feet along a 20.00 foot radius curve, concave southwesterly, whose 28.40 foot chord bears S 450 36' 49" E; thence S 000 22' 55" E, 57.45 feet along the Westerly Right -of -Way line of Westwinds Drive; thence Southeasterly 51.17 feet along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears S 020 16' 24" E; thence S 040 09' 53" E, 136.24 feet; thence Southwesterly 108.70 feet along a 325.00 foot radius curve concave Northwegterly, whose 108.20 foot chord bears S 050 25' 04" W; thence S 15 00' 00" W, 249.84 feet; thence Southwesterly 71.99 feet along a 275.00 foot radius curve whose 71.79 foot chord bears S 220 30' 00" W; thence S 300 00' 00" W, 45.84 feet to the point of beginning. Said tract of land containing 4.49 acres. (South of Melrose Ave. & east of West High School - Lots 3 & 4 of Westwinds) WHEREAS, the Department of Planning & Program Development and the Public Works Department have examined the proposed preliminary large scale residential development plan and have approved the same; and, WHEREAS, the said preliminary 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. WHEREAS, said preliminary large scale residential development plan is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. Received & Aeprovd By The Legal Department ,9 -v Ah 13,-) I Resolution No. 7g_72 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the said preliminary plan is hereby approved as a large scale residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to preliminary large scale residential developments. Passed and approved this 20th day of February , 1979. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ATTEST: LZI Y CLERK BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MAYOR 13 A P RESOLUTION NO. 7q-73 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 93-1/101-2 WHEREAS, the City Council of the City of Iowa City, Iowa, has solicitated Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS, the City Council has, under the terms of the land disposition agree- ment, reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS, Pentacrest Garden Apartments has submitted preliminary design plans for the redevelopment of Parcel(s)93-1/101-2 in the Iowa City Urban Renewal Project; and, WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by pentacrecr farAanApartment for the redevelopment of Parcel(s) 93-1/101-2 are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of February , 1979• ATTEST: (,- City Cle RECEIVED & ppFROVED EPT10T. BY��I.Ec 't4 /3 C;7- r ATTACHMENT A TO RESOLUTION NO. 79-73 The approval of the preliminary design plans for the redevelopment of Parcel(s) 93-1/101-2 submitted by Pentacrest Garden Apartments as set forth in Resolution No.7g-73 , dated Fahruar3i 20 , 1979 , is hereby made subject to the following conditions or reservations. 1. The redeveloper may substitute Cockspur, Hawthorn, Calery Pear, or Bradford Pear. instead of using Russian Olive. 133 I RESOLUTION NO. 79-74 RESOLUTION PROVIDING FOR THE OPERATION OF AN OPEN PARKING STRUCTURE IN IOWA CITY, IOWA WHEREAS, the City of Iowa City, Iowa,,is engaged in a redevelopment project in downtown Iowa City; and, WHEREAS, the City of Iowa City has prepared and adopted an Urban Renewal Plan for said project, consisting of the Urban Renewal Plan, dated September 3, 1969, adopted by Resolution Number 2157, as amended from time to time, which Plan has been recorded among the land records in the Office of the Johnson County Recorder in Book 490 at Page 408; and, WHEREAS, in furtherance of the Objectives set forth in said Urban Renewal Plan the City of Iowa City has adopted a "Resolution Authorizing and Providing for the Issuance and Securing the Payment of $5,200,000 Parking Facilities Revenue Bonds of the City of Iowa City, Iowa, Under the Provisions of the City Code of Iowa, and Providing for a Method of Payment of Said Bonds," Resolution Number 78-484, passed and approved on November 7, 1978, hereinafter referred to as the Bond Resolution; and, WHEREAS, the City of Iowa City is constructing an open parking structure located on Block,83, Original Town, Iowa City, Johnson County, Iowa; and, WHEREAS, it is necessary and desirable to provide assurances to certain parties regarding the use and operation of said open parking structure. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following assurances are provided to all Retail Tenants, now, or at any time during the next twenty-five years, occupying leased premises of more than 10,000 square feet within the boundaries of the Iowa City Central Business District for a lease term of more than four years. 1. The City of Iowa City, Iowa, is now constructing and shall complete the construction of an open parking structure on Block 83, Original Town, Iowa City, Johnson County, Iowa. Said parking structure is owned by the City of Iowa City, Iowa; is being constructed fully in accordance with applicable Codes and Ordinances; and is exempt from real property taxation under the laws of Iowa now in effect. 2. The City of Iowa City, Iowa, shall operate and maintain said parking structure for a minimum period of twenty-five years from the date of the completion of construction of said structure which, barring acts of God or other unavoidable delays, shall be not later than January 1, 1980. The City shall insure said structure in the manner set forth in Section 16(c) of the Bond Resolution and shall use the proceeds of such insurance, to the extent necessary, to repair or replace the structure in the event of damage to, or destruction of the structure, provided such repair or replacement remains a viable method of meeting the customer access needs of the Central Business District. This shall not serve to commit any funds other than the proceeds of said insurance. During the twenty-five year period set forth above, the City shall not otherwise convert the structure to a use other than parking. 3. During the twenty-five year period set forth above, the City shall operate said structure so that it is suitable and available for use by the public at the rates then in effect, at least between the hours of 7:00 a.m, and 10:00 p.m., daily. During such hours of availability, the City shall maintain /3y Res. 79-74 -2- access to the structure for automobiles and pedestrians, and shall maintain access between the parking areas and the stairs and elevators, and shall operate the elevators in said structure. 4. The City, rather than any other party, shall provide -or cause to be pro- vided, security for said structure, at a level which is in the City's sole judgment, appropriate. BE IT FURTHER RESOLVED that nothing contained herein shall serve to reduce any of the City's obligations as set forth in the Urban Renewal Plan or the Bond Resolution. BE IT FURTHER RESOLVED that the City Manager and City Clerk are hereby authorized and directed to cause this resolution to be recorded in the Office of the County Recorder, Johnson County, Iowa. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Balmer x_ deProsse x_ Erdahl x_ Neuhauser x_ Perrot x Roberts _x Vevera Pa✓sed and approved this 20th day of February ATTEST: altz-Ae��Z�j City C Prk 1979. Mayor RECEIVED b APPROVED BY THE LEGAL DEPARTiMT RESOLUTION NO. 79-75 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CHARLES J. R. MCCLURE & ASSOCIATES WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Ch , a copy of said being attac to s Rso ueon s reference made a and, WHEREAS, the City Council deans it in the public interest to enter into said agreement to direct the consultant to study the heating, ventilating. and air conditioning systems in the Civic Center in detail and prepare Plans & specifications for a contract after the City Council decides on a course of action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the aarppmpnt with Charles J. R. McClure & Associates 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was mored by Neuhauser and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA passed and approved this 20th day of February 1979. Mayor ATTEST: &;� ai�� 'City Clerk Received & Approved By The Legal Departin2nt 136 AGREEMENT This Agreement, made and entered into this, days 1979, by and between the City of Iowa City, a municipal c rporation, hereinafter referred to as the City and Charles J. R. McClure and Associates Inc. of St. Louis Missouri, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment prac- tices and agrees to prohibit the following practices in any subcon- tracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. I. SCOPE OF SERVICES The City of Iowa City Civic Center is divided into two general areas. The Police and Fire Department compose one area and the general government composes the other area. The air conditioning system on the general government portion is antiquated and constantly breaks down under summer cooling loads. The primary objective of this agreement is to determine the deficiencies of the present air conditioning system on the general government area of the Civic Center and provide recommendations and plans and specifications to remedy the problems. While studying the air conditioning problem on the general government area of the building, the City also wants to take this opportunity to do an energy audit of the entire Iowa City Civic Center from the standpoint of energy usage to determine (1) whether the building uses excessive energy, and (2) whether there are additions, modifications, or alterations which could feasibly be made to the building or its use to reduce the overall consumption of energy. A. AUDIT To accomplish the above named objectives the Consultant shall prepare an energy audit and describe the modifications and im- provements recommended to remedy the air conditioning system and to achieve energy conservation. The Consultant shall use his professional judgment and discretion in determining how much detail and complexity each step of the audit should entail. The audit should include but not be limited to the following steps: 1. Develop an inventory of each component of the existing energy system. This should include the electric service entrance, power distribution, lighting systems, major electrical appliances, fuel system, boilers, heat exchangers, temperature controls, pumps, fans, refrigeration systems, condensors and domestic water service equipment. 2. Inspect the existing building and its equipment to confirm construction materials; evaluate operating characteristics 137 G of the existing heating and air conditioning equipment; measure ventilation rates; and compare observations with prior reports and drawings. 3. Calculate the design maximum heating and cooling loads and required rates. 4. Prepare detailed schedules of normal use of the facility and calculate monthly and annual energy uses as a function of normal annual weather occurrence and proper performance of existing systems. 5. Develop estimated allocations of the uses of electricity and gas for the following functions: illumination, air handling, heating auxiliaries, refrigerationgauxiliaries, appliances and machinery, outdoor lighting, refrigeration, space heating, ventilation air heating, domestic hot water heating, cooking and appliance fuel. 6. Develop alternative systems, equipment and building operations that may reduce energy use; calculate the annual energy use variation with each alternative and evaluate the impact of the change on quality of performance. 7. Prepare estimates of cost avoidance and implementation expenses for those alternatives that will provide significant improvement in the energy use or quality of performance. Alternates should be compared using rate of return and other comparative measures deemed suitable by the Consultant. 8. Prepare a report of the different system analyses, cost and benefits and include charts and diagrams where applicable. Review the report with City representatives. B. DESIGN PHASE When authorized by the City the Consultant shall prepare construction documents, plans, specifications, detailed cost estimates and other engineering services to implement those alterations to the building facility as are found feasible by the City. These shall include: 1. Preparation of required contract forms, including the proposal forms and notice to bidders, drawings, technical specifications, and other documents as needed to complete the construction contract documents. 2. Advise the City of any changes in the Consultant's latest opinion of the probable project construction costs caused by changes in scope, design requirements, construction costs or other conditions. 3. The Consultant shall furnish the City with five (5) copies of the plans and specifications for the final review by the City. C. BIDDING AND CONSTRUCTION PHASE The Consultant shall provide the following services in this phase upon written authorization from the City: a. Assist the City in securing bids and providing bid documents for contractors. b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts. C. Assistance on the preparation of the formal documents for award of the contract. Review shop drawings and samples, the results of tests and inspections and other data which any contractor is required to submit for general conformance with the design concept of the project and general compliance with the information given in the contract documents; determine the general acceptability of substitute materials and equipment proposed by contractor(s); and receive and review (for general content as required by the specifications) maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection which are to be assembled by contractor(s) in accordance with the contract documents. This review does not relieve the construction contractor or supplier from responsibility for errors, correctness of details, or conformance with the contract(s). The Consultant and the City shall discuss interpretation of the requirements of the construction contract documents. The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City. Review and process application for progress payments. Conduct an inspection to determine if the project is substantially complete and a final inspection to determine if the project has been completed in accordance with the contract documents and if each contractor has fulfilled all of his obligations thereunder so that the Consultant may approve, in writing, final payment to each contractor. h. Issue all instructions of the City to the contractor; prepare routine change orders as required for approval by the City; and require special instruction and testing of the work as the Consultant deems necessary. Make visits at appropriate intervals to the site of the project to familiarize himself generally with the progress and quality of the work and determine in general if the work is proceeding in accordance with the construction contract documents. On the basis of on-site observations, the Consultant shall endeavor to guard the City against defects or deficiencies in the work of the contractor and may disapprove or reject work as failing to conform to the construction contract. ADDITIONAL SERVICES OF THE CONSULTANT If authorized in writing by the City, the Consultant shall furnish or obtain from others the additional services of the following types which are not considered normal or customary basic services. These will be paid for as stated in Section V, Compensation for Services. Preparation of applications and supporting documents for governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. Assist the City as expert witness in litigation arising from the development or construction of the Project. C. Preparation of operating and maintenance manuals, extensive assistance in the utilization of any equipment or system, and training personnel for operation in maintenance. d. Preparation of original contract drawings modified to reflect significant changes made after the contract(s) award or during construction progress. These Mylar reproducibles shall be provided for the City's files and 137 4 use and be based on data furnished to Consultant by the Contractor or City, or furnished by the Resident Project Representative if provided by the Consultant. The Consultant shall not be liable for use of such documents on other projects. e. Services resulting from significant changes in general scope of the Project or its design including, but not limited to, changes in size, complexity, and revising previously accepted studies, reports, design documents, or contract documents when such revisions are due to causes beyond the Consultant's control. f. Technical observation of construction by a full-time Resident Project Representative and supporting staff. The duties, responsibilities and the limitations on the authority of the' Resident Project Representative and assistants are as set forth in Exhibit A and are made a part of this Agreement before such services begin. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, the Consultant shall endeavor to provide further protection for the City against defects and deficiencies in the work. II. GENERAL TERMS 1. The Consultant or the City may terminate this Agreement upon seven (7) days notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The portion of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matter shall be settled by the procedures of the American Arbitration Association. 2. The agreement to arbitrate is limited to disagreements as to the meaning and scope of the Agreement; nothing herein shall be construed to bind the parties to arbitration nor to bar legal remedies in law or in equity with regard to civil liability, breach of contract or other issues arising from this Agreement. 3. Venue of any suit or cause of action under this Agreement shall lie in Johnson County, Iowa. 4. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. It is agreed that any duly authorized representative shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examinations, excerpts, and transcriptions. It is agreed such examinations by any party shall be made at the St. Louis office. 5. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 6. It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance, and all clerical detail involved in their employment. /Z/d 5 7. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 8. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirement made by the above named representatives of the City shall be given with reasonable notice to the Consultant so that he/she may attend. 9. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 4 10. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 11. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. IV. TIME OF COMPLETION Section I.A. AUDIT - The Consultant shall submit the report within 90 days after award of this contract. Section I.B. DESIGN PHASE - Design shall be completed 90 days after authorization to proceed is received from the City. Section I.C. BIDDING AND CONSTRUCTION PHASE - There will be no specific time limits on the bidding and construction phase. V. COMPENSATION FOR SERVICES The City agrees to pay the following amounts as compensation for ser- vices under this contract. AW 0 Phase I.A. - Audit. The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix B with a "not to exceed" of $12,150. Phase I.B. - Design Phase - The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix B. The "not to exceed" for this portion of the Agreement will be negotiated at a later date after the Scope of Services has been better defined. Phase I.C. - Bidding and Construction Phase - The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix B. The "not to exceed" for this portion of the Agreement will be negotiated at a later date after the Scope of Services has been better defined. Phase I.D. - Additional Services of the Consultant - The City will pay the Consultant on an hourly rate based on the rate schedule attached as Appendix B. The lump sum figures listed or negotiated above do not include reimbursable costs. The City will pay the Consultant the actual cost of all reimbursable expenses as listed below. A. Expense of transportation and living when traveling in connection with the project and for long-distance calls times a multiplier of 1.05. B. Expense of reproduction, postage and handling of drawings and specifications excluding copies for the Consultant's office use times a multiplier of 1.05. C. Computer time for design work times a multiplier of 1.10. The Consultant shall submit monthly statements for the work under this Agreement and for reimbursable expenses incurred. These statements shall list each classification of employee, the hours worked, and the rate of compensation. Reimbursable expenses shall be shown as a separate item. The City shall make monthly payments in response to these statements. The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: ATTEST: CITY CLERK STATE OF IOWA JOHNSON COUNTY CHARLES J. R. McCLURE AND ASSOCIATES, INC. /9 7"9 On this;? Afday of,Zi1478, before me, a Notary Public duly commissioned and qualifie in and for said County and State, personally appearede-Y Q. 7���Y+-a—, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said lyi—I City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. A/Z l�t Notary Public in and for Johnson County, Iowa STATE OFMM MISSOURI COUNTY OFA ST. LOUIS 9 On this 27th day of February 197A, before me, the undersigned, a Notary Public in and for said County and said State, personally appearedC�arles J. R. McClure and Philip D. Sutherlin , to me personally known, who being by me duly sworn, did say that they are the President and Secretary respectively, of said corporation; that no sea has been procured by the said) (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 Charles J.R.h4cClure and Philip D. Sutherlin 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. I\, Notary Pu'lic t and or said County and State My Commission E):, ires June 15, 1931' ffi Sa L':;5, NT %-f9 EXHIBIT "A" 70 TERMS AND CONDITIONS BETWEEN THE OWNER AND THE CONSULTANT FOR PROFESSIONAL SERVICES Duties, Responsibilities and Limitations of the Authority of the Resident Project Representatively) A. GENERAL The Resident Project Representative is the CONSULTANT's Agent and shall act under the supervision and direction of the CONSULTANT. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall 1. Schedule: Review the progress schedule prepared by the Contractorls) for compliance with the contract(s) and give wril- ten advice to the CONSULTANT concerning its acceptability. 2. Conferences: Attend pre -construction conferences. Ar- range a schedule of progress meetings and other job confer- ences as required in consultation with the CONSULTANT and notify in advance those expected to attend. Maintain and circulate copies of records of the meetings. 3. Liaison: a. Serve as the CONSULTANT's liaison with the Contractor(s) working principally through the Contracior(s)' superinlen- dent(s). Alert the Contractor(s), through his superintendent, to the hazards involved in accepting and acting upon instructions from others, except such instructions transmitted through the CONSULTANT. It. Cooperate with the Contractor(s) in his dealings with the various local agencies having jurisdiction over the PROJECT in order to complete service connections to public utilities and facilities. c. Assist the CONSULTANT in obtaining from the OWNER additional details or information, when required at the job site for proper execution o1 the work. 4. Approvals: When required, assist the CONSULTANT in ob- taining from the Contractor(s) a list of his proposed suppliers and subcontractors. 5. Samples: Assist the CONSULTANT in obtaining field sam- ples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the CONSULT- ANT. 6. Shop Drawings: a. Receive reviewed shop drawings and other submissions from the CONSULTANT; record the data received, maintain a file of the drawings and submissions, and check the construction for compliance with them. b. Alen the Contractor(s)' superintendents) when he observes materials or equipment being installed before review of shop drawings or samples, where such is required, and advise the CONSULTANT when he believes it is necessary to disap- prove work as failing to conform to the construction con- tract(s). 7. Review of Work, Inspections and Tests: a. Conduct on-site observations o1 the work in progress for the CONSULTANT as a basis for determining that the PRO- JECT is proceeding in accordance with the construction conhact(s). b. Disapprove of or reject work observed which is defective; i.e., it is unsatisfactory, faulty, or does not conform to the requirements of the construction contract(s). c. Verify that tests. including equipment and systems start- up, which are required by the construction contract(s) are con- ducted and that the Contractor(s) maintains adequate records thereof, observe, record and report to the CONSULTANT appropriate details relative to the fest procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the out- come of these inspections and report to the CONSULTANT. 8. Interpretation of Construction Contract: Transmit to the Contractor(s) the CONSULTANT's interpretations of the con- struction contract(s). 9. Modifications: Consider and evaluate the Conlractor(s)' sug- gestions for modifications in the drawings or specifications and report them with recommendations to the CONSULTANT. 10 10. Records: ■. Maintain at the job site orderly files for correspondents, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents including all ad. denda, change authorizations, field orders, and additional draw. ings issued subsequent to the award of the conlrecl(s), the CONSULTANT's interpretations of the construction conlracl(s), progress reports, and other PROJECT related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing the test procedures. c. Record the names, addresses and telephone numbers o1 all contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the CONSULTANT at the completion of the PROJECT. 11. Reports: a. Furnish the CONSULTANT periodic reports as required of progress of the PROJECT and the Contnactor(s)' compliance with the approved progress schedule(s). b. Confer with the CONSULTANT in advance of scheduled major tests, inspections or start of important phases of the' PROJECT. 12. Payment Requisitions Review applications for payment with the Contractor(s) for compliance with the established procedure for their submission and forward them with recommendations to the CONSULT- ANT, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals During the course of the work, assemble the Guarantees, Certifi- cates, Maintenance and Operation Manuals and other required data to be furnished by the Contractorls) and upon acceptance of the PROJECT, deliver this material to the CONSULTANT for his review and forwarding to the OWNER. 14. Completion: a. Prior to inspection for substantial completion, submit to the Contractor(s) a list of observed items requiring corrections. b. Conduct final inspection in the company of the CONSULT- ANT and the OWNER and prepare a final list of items to be corrected. c. Verify that all items on the final list have been corrected and make recommendations to the CONSULTANT concerning acceplance. C. LIMITATIONS OF AUTHORITY Except upon written instructions of the CONSULTANT the Resident Project Representative: 1. Shall not authorize any deviation from the construction contract(s) or approve any substitute materials or equipment. 2. Shall not undertake any o1 the responsibilities of the Con. tractor(s), the subcontractors or the Contractor(s)' superinten. dent. 3. Shall not expedite the work for the Contractor(s). 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Con. struction Contract(s). 5. Shall not authorize the OWNER to occupy the PROJECT in whole or in part 6. Shall not participate in specialised field or laboratory tests or inspections conducted by others. 7. Shall not assist contractors) in maintaining up-to-date copy of Record Drawings. 77 E Exhibit "B" CHARLES J. R. MCCLURE AND ASSOCIATES INC. HEATING - AIR CONDITIONING - PLUMBING - POWER GENERATION CONSULTING ENGINEERS ASSOCIATE ENGINEERS RALPH H. METCALF WILLIAM J. COAD THOMAS M. MCCARTHY PHILIP D. SUTHERLIN ALBERT W. BLACK, III GERALD J. WILLIAMS 2016 S. BIG BEND BOULEVARD ST, Louis, Mlssouni 63117 ( 314) 645-6232 Rate Schedule for Engineering Services Effective October 1, 1977; Principals --------------------------------- $45.00/hour Senior Engineers ------------------------------- $32.50/hour Office Engineers ------------------------------- $27.50/hour Maintenance Engineers ------------------------- $20.00/hour Designers ------------------------------------ $20.00/hour Draftsmen ---------------- ------------------ $16.50/hour Stenographers -------------------------------- $10.00/hour Reimbursement of expenses of travel and document duplication. United Computing System shared time service charges will be Invoiced at cost plus 10%. A/J--� RESOLUTION NO. 79-76 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH HY-VEE FOOD STORES, INC., MARY L. BOYD AND FRIEDA L. RUMMELHART AND THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Hy -Vee Food Stores, Inc., Mary L. Boyd and Frieda L. Rummelhart and the Iowa Department of Transportation, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement to authorize the construction of a special public road connection to U.S. Highway 6. 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 Hy -Vee Food Stores, Inc., Mary L. Boyd and Frieda L. Rummelhart and the Iowa Department of Transportation. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting the same. 3. That approval of this agreement is subject to Hy -Vee Food Stores, Inc. paying for the extension of Hollywood Boulevard to Special Public Road to US6. It was moved by Balmer and seconded by Roberts that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x X x x -A ski n Passed and approved this 20th BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA day of February , 1979. MAYOR ATTEST:* A� CITY CLERK PC—ri:c.1 P, r. acJ By The L aSai /l •7l/If 4.2{ of TR4�s A a� P� a � 0 2 IOWA BEST I30CUIvIENT Post Office Box 427 Iowa City, Iowa 52240 March 30, 1979 Larry R. Schnittjer, L.A. MMS Consultants Inc. 465 Hwy. 1 West Iowa City, Iowa 52240 Dear Mr. Schnittjer: HIGHWAY DIVISION REF. NO. 472 Johnson Special County Public Road Connection #516 Enclosed please find an agreement authorizing the construction of a Type "A" connection, a plat and an Approved Request for the establish- ment of a Special Public Road Connection. The proposed Special Public Road Connection will be on the south side at station.175+82.85 on Primary Road Extension U.S. 6 approximately 0.2 miles east fro6'G411bert Street in Iowa City in Johnson County. Sincerely yours, Elvert F. Lombard Maintenance Operations Assistant EFL:jg cc: Records Center Frank Boyd Mary Boyd Frieda Rummelhart A.E. Greb Bert Miller Frank Thomas Abbie Stolfus, City Clerk COMMISSIDNERs JULES M. BUSKER BARBARA DUNK DONAEKL�d0.lADw�+dS�MIG1MMi:MCCi91ia�98EM•H`1lIG1E•iiL STANLEY SCHOELERMAN Sow Ctty Dn MNrs CN.0 M%PUU M.trow Nov K mplon Cponcor cca" yi-a ALLA "..6aruo Dubugw Porm 640001 File 472 4'79 ra4H're /� Connection No. 4�1or .SIP = Johnson County Project No. INl—T)F — 1r1SQ Date IOWA REQUEST FOR THE ESTABLISHMENT OF A SPECIAL PUBLIC ROAD CONNECTION It is hereby requested that a special public road connection be authorized and established on Primary Road No. in F (Sec. 1 S , T 79-N R 6-14 ), Johnson County, Y 0 9 Miles r,is, t from Gilbert Street urmnOon Tewn. Plane or Object more specifically described as follows: At nantarl ins station 175+8 BS of U,S. F i gilkw 6 A Plat of the proposed development is attached to and is part of this request. The undersigned agree and affirm that if the request for a special public road connection is authorized the following stipulations shall govern. 1. The Department reserves the right to remove or relocate the special public road connection. 2. There shall be a minimum distance of 77' between the centerline of primary road TJS_ B or a minimum distance of 17' from the right of way line (whichever is the greater distance) and the near edge of the frontage road. 3. The frontage road reservation shall comply with the minimum width that will be accepted by the county (city%% igw!} for the establishment of a(street), but in no instance shall the frontage road reservation be less than 50' in width. RiAjaer Anil L•,.,. o Fy, shy, h,.ad'n8 nc ryfhn `�� nM1, Shull Irl h.ar .. ..180Gd-1,`�i.O rsnlBr6f666-f of kite frpn6GgG "Oi1�i000r2.�1Hn 109' a.��h,�,,.at,,,.1.in�iihB,pFlraycy��.. 1.:.,t, :o .., 5. Septic tanks, cess pools or cellar drains shall not outlet into the primary road tight -of -way. 6. In the establishment of a special public road connection at Station 175+A7 _ RS , Project TY1-DF — 10r.9 the following existing private entrances will be permanently removed or extinguished. VA None We, the undersigned, are the owner, or owners, of record, or the legal and duly authorized representative of the owner, of the property abutting Primary Road US.6 between Station 167+20 and Station 186+17 on the ,oath side, Project DU—DF — 10 , have read, understand and agree to the conditions and requirements set forth in this request and policy of the Iowa Department of Transportation. Highway Division on the Acquisition of Access Rights along the Interstate and Primary Roid Systems dated 1977, for the establishment of a special public road connection. It is further agreed that the undersigned shall save the State and the Iowa Department of Transportation harmless of any damage or losses that may be sustained by any person, or persons, on account of the conditions and requirements of this agreement. Failure to comply with conditions and requirements of this agreement shall render this agreement and request null and void. See Additional Requirenents on Attacbnmt. 5 gnature Address Signature Address or print Name Typo or Print Name STATE of County) ss. On this day of ACKNOWLEDGEMENT A.D. 19 , before me, a Notary Public in and for said personally appeared County, State of to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that the same as Reviewed and Recommended for Approval by Z-43-26 ; (' de%av c, _A Date Reaidonce Maintenance Engineer Date District Engineer Date PAY o 2 city nrrnw,t c f .ZOn/A Cr IT voluntary act and deed. Notary Public in and for Said County Approved: Date County Zentng Officer Date Federal inghway Adminletratian Deputy Chief Engineor/Development Iowa Department of Trmnportation NOTATION OF RECORD Filed for Record on the -2 /'� day of IVI U r A.D. 19 -Z-9— , at c LA' o'clock M., and Recorded in Book • S `// of , on Page /A f /1• 4 )y /-, (//1/Fi B. That the Entrance, including Drainage Structure, Grading and Sur- facing shall. be oonstructed by the Applicant at the Appliosnts ex- pense and shall thereafter be maintained at the Applicants expense. Mary Lucille Boyd FHeda L. RTmmelhar t J,J�,,W.aL"� % Boyd 6 RtmTmelhart 601 S. Gilbert Iowa City, Iowa 52240 Frank Boyd / iAfJJA W' IAS %Boyd & Rlmmlelhart 601 S. Gilbert Iowa City, Iowa 52240 n hollyd Propertied n' r4 mniiw F Prim DEC 2 9 1977 114 East Monroe Street Mount Pleasant, Iowa 52641 i� A. E. Greb MYemom.s FtJWl911�lttttLtSS I). 612 Park Road Iowa City, Iowa 52240 Duane W. Lewis 1610 S. Gilbert Street Iowa City, Iara 52240 % - �i -.az ' JUDITH F. PETERSEN 2ez t J. Miller f MY COMMISS10N EXPIRES Se tember 30, 1979 DEC 2 9 1971 R.R. i/2 Iowa City, Iaaa 52240 V.F.W. Post #3949 Highway 6 By Pass East Iowa City, Iowa 52240," p` •; / JUDITU F. PETERSEN DEC 2 u 1977 -OR %I -i 34 IOiVA DEPARTMENT Or Trr Az;5?ORTATION GEST � Eo• 3-3i ;! r �s Highway Division jolm15on ACCESS PLAT )OCTIAEN-T County AVAILABLE Proj. No. DU -DF - 1052 SPECIAL PUBLIC ROAD CONNECTION CIiECE PRIVATE PROPERTY ENTRANCE Access Rights Acquired Access Rights Not Acquired Attach To Form 536 1 x Attach To Form 559 Location Description: Primary Road No. tt.S. F) Sec. 15 T. 79-N . R. E-1.7 JOPS18on Cour.:y, Serng SCL1Z Tn W`[Y. TOwa CS -LV More Specifically described as: (direction) .0 ] � I _ c \I a•� CERTiFICATION ce:tify :hat :Lis sketch was prep.::,: oy me or under my direct personal supervision APPLICANT 1 ..a a duly registered profession -.1 engineer under the laws �S[are o: Iowa. 7 8 /J lova Re^ No (p ADDRESS 1j . " . DATE 19_ )`iccla Riurun7L,11-1: Miry Pr)y'1 Boyd G ]+.uuencahar L' GO]. Sou(h Ci].bort Iowa City, Iowa 52240 Grab if ,1'l ;(cral'.yl,1_� X12 Park Road owa City, lowa 52240 A•lane W. Legis 1610 South Gilbccrt S(rcet Iowa City, Iowa 52240 (Bert J. Miller P2 r_. yi..•,._^,,•�,�-�.� ficc,,a City, Iowa 52240 L'L J. •' ,� Grand Properties CorrNrat c -.n 114 l-zst t":onroc Street :i•fount P]car,arrC :Co:va 52641 DCC 1 7 1977 v.r.W. Post 1"'3949 r1aFI],t,1,y G )iy-Pay )7,J t Iowa City, 1'o;aa 52240 BEST DOCUMENT AVAILABLE U Four copies of appl `_ion and sketch must be filed with the Division of Highways, Iowa Department of Transportation Ames, Iowa IOWA DEPARTMENT OF TRANSPORTATION County Johnson (52 Application for approval to install and maintain a traffic control device. Applicant City of Iowa City Name of Governmental Authority Gentlemen: Approval is requested for authority to install and maintain a traffic control device at the following location: At the intersection of Boyrum Street and Highway US -6 See Agreement No. 505. (At Station 175+82.85) THE APPLICANT UNDERSTANDS THAT THE TRAFFIC CONTROL DEVICE MUST COMPLY WITH THE REQUIREMENTS OF THE CURRENT MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES, IOWA DEPARTMENT OF TRANSPORTATION. Attach (to all copies of application) a sketch of proposed installation. Drawing to be complete, showing location of traffic control device in relation to sidewalks, driveways, streets, etc. Show extra indication such as pedestrian "Walk - Don't Walk", etc., in detail on proposed installation sketch. DESCRIPTION OF EQUIPMENT Signal - - - - - - - - - - (Manufacturer Eagle Controller - - - - - - - - (Manufacturer Automatic Signal (Model 3 phase MF -10 /y 7 OPERATION The traffic control shall function as follows: Three-phase fully vehicle actuated control West bound left turn phase is a leading, permissive movement as shown in sequence chart Date "1�2/17y By M1Y�2 Name Ro®ERT fl. VCVERa Title (Mayor, Clerk, or Engineer NOTE: THE SIGNAL INSTALLATION MUST HAVE FINAL INSPECTION AND THE APPROVAL OF THE IOWA DEPARTMENT OF TRANSPORTATION BEFORE BEING PLACED IN OPERATION. PLEASE NOTIFY OFFICE OF TRAFFIC AND SAFETY, DIVISION OF HIGHWAYS, IC1,7A DEPARTMENT OF TRANSPORTATION, AMES, IOWA. AUTHORIZATION Approval is granted, subject to the conditions and restrictions set forth herein, the installation and maintenance of a traffic control devico at the location described above. CONDITION AND/OR RESTRICTIONS THE IOWA DEPARTMENT OF TRANSPORTATION RESERVES THE RIGHT TO. - (1) O: (1) Require the removal of such traffic control device upon thirty days' written notice. Either lack of supervision, inadequate enforcement, unapproved operation, or intolerable congestion shall be considered sufficient reason to require removal. (2) Revoke and annul the issued permit if the installation is not in operation within eighteen (18) months after date of approval. DATE T&S 8-27-75 NAME State Traffic Erq:.neer, Division of Iiigh Iowa Department of Transportation 14 I G Gft!EFT S -U# INTEQt'AL ✓5-6 wef-tT I . e (, ' Y P. p 2,3 G G v { 4 u G HE (o, 7 R P G 1R R R Q1aAS� C A P, UEi\�cF 1'll • FULL VCµ fr--T. r_ I Cl. tiIG •J it CiETu_*,k L;, , for Sr I R JG Y +T 2,3 u, 5 c (0 7 S 1614A LS LEFT TURN PROYECTED ON GREEN ARROW - BEST aociL'MENT AVAILABLE T SALE I"=S'j' ov.1 N Hy-vae 1 Y, Tk,AFPIC SIGII�L, 6CY Qui ; ST. µ� SCWA CIT`( r P Nto-sT '.tj', s llia/ 2•ib���( �''�' AUKL MLNI- AUrnUR1L1NG -rnU l:UN51liUC"11UP. OF A SPECIAL PUBLIC ROAD CONNECTION TO U.S. 6 IN THE CITY OF IOWA CITY; JOHNSON COUNTY, IOWA Agreement No. 505 z THIS AGREEMENT, made and entered into by and between Hy -Vice Food Stores, Inc., Mary L. Boyd, and Frieda L. Rummelhart, owners of record, (hereinafter referred to as owners), and the Iowa Department of Transportation, Highway Division, acting for the State of Iowa, (hereinafter referred to as the Department), and the City of Iowa City, (hereinafter referred to as the City). IDENTIFICATION WHEREAS, the owners own land generally located in the SWSE of Section 15, Twp. 79 North, Range 6 West, of the Sih Principal Meridian, which lies south of the south right of way line of Primary Highway No. U.S. 6 and WHEREAS, the State of Iowa previously acquired all rights of direct access from said property from former owners Wilbert Frantz, Mary L. Boyd, and Frieda L. Rummelhart by Warranty Deed dated May 25, 1956, and recorded in the Johnson County Recorder's Office in Book 208, Page 510, and WHEREAS, the owners have submitted plans for the modification and additional signalization required at the location of the Public Road Connection, south side of station 175+82.85, and WHEREAS, these plans have been received a:td approved by the Department and the City and are attached hereto as Exhibit A, and NOW, THEREFORE, it is agreed that the Department and the City hereby authorize the construction of a Public Road Connection, right side of station 175+82.25. Hy -Vee agrees to perform, at no cost to the Department or to the City, the construction of the access and the necessary modifications and additional signalization as prepared by the owner in accordance with the Department's current specifications and as shown on the attached Exhibit A. The modifications of U.S. 6 and the signalization work must be completed prior to the opening of the access location. The City shall be responsible for preparing a contract, letting, and inspection of the additional signalization and modifications as necessary, at no cost to the Department, and the Hy -Vee shall reimturse the City for all costs in connection therewith. It is further agreed that after completion and final acceptance has been made by the City and the Department of the U.S. 6 modifications and traffic signals, the ownership of the traffic signals shall become that of the City who shall thereafter be responsible for their maintenance. §319.14 Code of Iowa requires any work performed under this agreement to be in conformity with the specifications of the D.O.T. If the applicant does not conform to these specifications, the D.O.T. may make the necessary changes and charge the cost against the owners of record, including court action if necessary. IN WITNESS WHEREOF, each of the parties hereto has executed -Agreement No. 505 as of the date shown opposite its signature below. RECOMMENDED FOR APPROVAL �/.2 x/79 Authorized City Official Date ial U /� Y 13-4 Uo_,p� 1g Development Support Engineer'_740e APPROVED:�� Q % L✓ D. E. McLean ' .Date "- Diroc: or o� lhnlwr v-; ' OWNERS Signed on this day of 19 (Type or Block Print Names below Signature) HY-VEE FOOD STORES, INC. By Dw' ht C Prdent - /� J -' fel �i Mao L. Boy le Frieda L. Rummelhart DOT ACKNOWLEDGEMENT STATE OF IO{VA: ss On this ;?p day of A" , 19A, before me, the undersigned, a Notary Public, in and for the State of Iowa, personally appeared,f Uww1 ) , to me personally known, who being %by me duly sworn did say ythat he is the ..t�/tl��D��?1?�ransp�ry fti�/, � of the Iowa Department o ranspor tion, and that said instrument was signed on behalf of said Department by its authority duly re- corded in its minutes, and the said Director of Highways acknowledged the execution of said instrument to be the voluntary act and deed of said Department and by it voluntarily executed 0, ..S ACKNOWLEDGEMENT STATE OF IO1VA: ss On this Z�ay of 19_�Y, before me, the un6drsigned, Notary Public, in and for the State of Iowa, personally appeared, to me known to be identicalpersons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and r the Notary Public in and for the State of Iowa State of Iowa Notary Public in and for the State of Iowa I RESOLUTION NO. 79-77 RESOLUTION AUTHORIZING MAYOR TO SIGN A RIGHT-OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS 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 Roberts and seconded by deProsse that the Resolution be adopted and upon roll call vote there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 20th day of FPhruary , 1979• MAYOR ATTEST: CITY CLERK ri-2;vul r. Ey Tir: Leel JcE:a.?„Zant 71, !6--k To: Iowa Department of Transportation Office of Urban Systems 826 Lincoln Way Ames, IA 50010 ACQUISITION OF RIGHT OF WAY 1979 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 furnishes the following assurances to the Iowa Department of Transportation: 1. It is the policy of the City of Iowa City to acquire right-of-way in accord with Title III of said 1970 Act and applicable State laws. 2. It is the policy of the City of Iowa City 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." Date Approved Mayor of City ��3 r r RESOLUTION NO. 79-78 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLMT O BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro`ve�Tor the following named person or persons at the following described location: Philip Joseph Dunton dba The Greenery, 11 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Roberts and seconded by deProsse that the Resolution ae re_a be adopted, and upon roTlcall there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 27th day of February , 19 79 Mayor 1�I , Attest: L l '/ ') 2 _ City Clerk /5 RESOLUTION NO. 79-79 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: Ronald R. Shank dba Towncrest Texaco, 2303 Muscatine Ave. It was moved by Roberts and seconded by deProsse that the Resolution as readbe adopted, and upon roll call there were: AYES:' NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 27th day of Fahruary 19 7g_. Attest:/,G , ,i'/,L C Zi City Clerk l Mayor /S 5 r RESOLUTION NO. 79-80 RESOLUTION TO REFUND BEER PERMIT WHEREAS, Don -Jay Services, Inc. at 105 East Burlington St. Downtowner Conoco has surrenderdb�eer Permit No. BC -5863, expiring 11/22/79 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby 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 $ 56.25 payable to Don -Jay Services, Inc. for refund of Beer Permit No. BC -5863 It was moved by Roberts and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 27th day of February 19 79 Attest: CL/"� '_'z City Clerk C Mayor j1 • RESOLUTION NO. 7q -E O RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Don -Jay Services, Inc. dba at 105 East Burlington Downtowner Conoco in Iowa City, Iowa, has surrendered cigarette permit No. 7Q_137 , expiring June 30. , 1979, 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. 79-137 , issued to Don -Jay Services Inc. dba Downtowner Conoco 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 Don -Jay Services Inc dha7Da•mtnwnar rnnnrn as a refund on cigarette permit No. 79-137 . It was moved by Roberts and seconded by dPPrn¢CP that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 27th yday of�q February 19_79- Mayor Attest:/' ttest: '�-7 AYES: -NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser x Perret x Roberts x Vevera x Passed and approved this 27th yday of�q February 19_79- Mayor Attest:/' ttest: '�-7 RESOLUTION NO. 79-82 ' RESOLUTION APPROVING FINAL PLAT WHEREAS, a final plat of Woodland Hills Part II, Johnson County, Iowa, has been filed with the Clerk of the City of Iowa City, Iowa, the legal description for which is as follows:. That part of Section 30, Township 80 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa, more particularly described as follows: Beginning at the North Quarter corner of said Section 30; thence West 444.65 feet along the North line of the Northwest Quarter of said Section 30 to the Northeasterly corner of Lot 1 of Auditor's Plat Number 29, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Book 15, Page 70 (this is an assumed bearing for purposes of this description only); thence South 150 02' 00" West 360.45 feet along the Easterly line of said Lot 1 of Auditor's Plat Number 29 to a point; thence South 180 37' 00" West 166.82 feet along said Easterly line of Lot 1 and along the Easterly line of Int 2 of said Auditor's Plat Number 29 to the Southeasterly corner of said Lot 2, said point being the Northeasterly corner of Int 2 of Woodland Hills Subdivision, Johnson County, Iowa as recorded in Johnson County Recorder's Office Plat Book 15, Page 70; thence South 260 51' 20" West 265.33 feet along the Easterly line of said Lot 2 of Woodland Hills Subdivision to the Southeasterly corner of said Lot 2, said point being the northeasterly corner of Int 3 of said Woodland Hills Subdivision; thence South 230 02' 50" West 398.04 feet along the Easterly line of said Lot 3 of Woodland Hills Subdivision to the Southeasterly corner of said Lot 3, said point being the Northeasterly corner of Lot 4 of said Woodland Hills Subdivision; thence South 290 33' 20" West 265.54 feet along the Easterly line of 'said Lot 4 of Woodland Hills Subdivision to a point of intersection with the South line of the North- east Quarter of the Northwest Quarter of said Section 30; thence North 890 05' 10" East 1026.06 feet along said South line of the Northeast Quarter of the Northwest Quarter to a point of intersection with the East line of said Northwest Quarter of Section 30; thence North 10 12' 30" West 734. 10 feet along said East line of the Northwest Quarter of Section 30 to a point; thence North 880 47' 30" East 35.00 feet to a point; thence North 10 12' 30" West 589.26 feet along a line parallel with and measured in an Easterly direction 35.00 feet perpendicular' frcnjsaid East line of the North- west Quarter of Section 30 to a point of intersection with the North line of the Northeast Quarter of said Section 30; thence West 35.01 feet along said North line'of the Northeast Quarter of Section 30 to the point of beginning of tract herein described; and containing 21.8 acres more or less. and WHEREAS, after consideration of the same, the plat was found to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Iowa City, Iowa, by the Iowa City Planning and Zoning Commission and T d D Received & Approved By The Legal Dspa irnent A DEC 15 1973 ABBIE STOLFUS, CMC CITY CLERK (3) /S� Res. No. 79-82 ( 2 ) WHEREAS, the City has waived the street requirements of the Rural Development Standards. WHEREAS, an agreement between the City of Iowa City and Schintler Bros. Construction Co., Inc. has been entered into which provided for the future dedication of the streets 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 storm water basin areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that the said Final Plat of Woodland Hills, Part II, 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 Roberts and seconded by deProsse , at the duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center of Iowa City, Iowa, on the 27th day of February , 1979, commencing at 7:30 P.M. Upon roll call, the following vote was taken: AYES: NAYS: ABSENT: BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 27th day offes// February 1979. ROBERT VEVERA, MAYOR ATTEST: �'1L ABBIE STOLFUS, CITP CLERK The foregoing is hereby duly certified by Abbie Stolfus, City Clerk of Iowa City, Iowa, as a true and exact copy of the Resolution of the City Council of Iowa City, Iowa, made ata regular meeting held on the day of 1979. ABBIE STOLFUS, CITY ERK /S% i AGREEMENT THIS AGREEMENT is executed on the -479t day of �g , 1979, between Schintler Bros. Construction Co., Inc., an Iowa Corporation organized under the laws of the State of Iowa, hereinafter referred to as SCHINTLER, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the CITY. _WHEREAIS, Schintler is the owner and holder of legal title to Woodland Hills Part II, Johnson County, Iowa, legally described as follows: That part of Section 30, Township 80 North, Range 5 West of the Fifth Principal Meridian, Johnson County, Iowa, more particularly described as follows: Beginning at the North Quarter corner of said Section 30; thence West 444.61 feet along the North line of the Northwest Quarter of said Section 30 to the Northeasterly corner of Tot i of Auditor's Plat Number 29, Johnson County, Iowa, as recorded in Johnson County Recorder's Office Plat Book 15, Page 70 (this is an assumed bearing for purposes of this description only); thence South 150 02' 00" West 360.45 feet along the Easterly line of said Lot 1 of Auditor's Plat Number 29 to a point; thence South 180 37' 00" West 166.82 feet along said Easterly line of Lot 1 and along the Easterly line of Lot 2 of said Auditor's Plat Number 29 to the Southeasterly corner of said Lot 2, said point being the Northeasterly corner of Lot 2 of Woodland Hills Subdivision, Johnson County, Iowa as recorded in Johnson County Recorder's Office Plat Book 15, Page 70; thence South 260 51' 20" West 265.33 feet along the Easterly line of said Iot 2 of Woodland Hills Subdivision to the Southeasterly corner of said Lot 2, said point being the northeasterly corner of Lot 3 of said Woodland Hills Subdivision; thence South 230 02' 50" West 398.04 feet along the Easterly line of said Lot 3 of Woodland Hills Subdivision to the Southeasterly corner of said Lot 3, said point being the Northeasterly corner of Lot 4 of said Woodland Hills Subdivision; thence South 290 33' 20" West 265.54 feet along the Easterly line of•said Lot 4 of Woodland Hills Subdivision to a point of intersection with the South line of the North- east Quarter of the Northwest Quarter of said Section 30; thence North 890 05' 10" East 1026.06 feet along said South line of the Northeast Quarter of the Northwest Quarter to a point of intersection with the East line of said Northwest Quarter of Section 30; thence North 10 12' 30" West 734.10 feet along said East line of the Northwest Quarter of Section 30 to a point; thence North 880 47' 30" East 35.00 feet to a point; thence North l0 12' 30" West 589,26 feet along a line parallel withand measured in an Easterly direction 35.00 feet perpendiculaek6m_ 'said East line of the North- west Quarter of Section 30 to a point of intersection with the North line of the Northeast Quarter of said Section 30; thence West 35.01 feet along said North line of the Northeast Quarter of Section 30 to the point of beginning of tract herein described; and containing 21.8 acres more or less. and WHEREAS, the.above described real estate is located outside the corporate limits of Iowa City but is within a two-mile extraterritorial jurisdiction of Iowa City, as provided for in Chapter 409 of 1977 Code of Iowa as amended, and T d •� IF Recaived A Approved FEB 15 1970 By The Legal Department ABBIE S701_FUS, CMC Z-/ 7' A , I- CITY CLERK (3) /60 ( 2 ) WHEREAS, the owners propose to subdivide the real estate, having platted the same as Woodland Hills Part II, Johnson County, Iowa, and submitted the proper applications to the Johnson County Planning and Zoning Commission and the Iowa City Planning and Zoning Commission, and WHEREAS, the Iowa City Planning and Zoning Commission has recommended approval of the plat of the proposed subdivision, and WHEREAS, certain requirements of the City Subdivisions and Ordinances should be waived concerning this particular subdivision and the parties do desire to set forth the terms and conditions for the installation and maintenance of certain improvements and the use of roadways should certain events occur or upon the annexation of the area by the City of Iowa City, Iowa. IT IS THEREFORE AGREED: 1. Schintler Bros. Construction Co., Inc. shall execute a dedication of the streets in the subdivision, using separate descriptions for the various streets. Said dedication shall not be effective until the following events have occurred. A. The area contained in Woodland Hills Part II has been annexed to the City of IowaCity, Iowa, and B. The City of IowaCity, has, in writing, accepted the dedication of the streets. Said writing shall be filed inthe Johnson County Recorder's office. The City of Iowa City shall have the right to accept all of the streets or parts thereof and shall specify which streets are being accepted on the writing which it will file. The City may also accept dedications at different times. 2. When the above described real estate is located within the corporate limits of the City of Iowa City, sidewalks, sewers, storm sewers, storm water basins and storage areas, water mains and concrete paving of the roads may be installed by the City at such time as the City deems advisable and the costs of the installation of any such improvements shall be assessed pursuant to the then applicable provisions of the Code of Iowa except that: A. Schintler waives any objections to the resolution of necessity pertaining to the installation of any such improvements, and B. Schintler hereby expressly waives any objection based upon the percentage of value of property which any assessment may not exceed. 3. The City of IowaCity has not required the construction of storm water storage areas or basins in Woodland Hills Part II, Johnson County, Iowa, at this time. In consideration of the City of Iowa City approving the plat and subdivision of Woodland Hills Part II, Johnson County, Iowa without the constructing of the basins shown on the final plat, Schintler Bros. Construction Co., Inc. hereby agrees to give the City of Iowa City the right to review a decision not to require the installation of the storm water basins; said review to be uponthe earliest happening of one of the three following events: /6/ ( 3 ) A. Re -subdivision of any lot within Woodland Hills Part II, Johnson County, Iowa. B. The passing of 15 years from the date of final approval of the plat and subdivision by the City of Iowa City, Iowa, or C. Annexation by the City. After review, if the City of Iowa City decides to require the installation of the storm water detention basins and this decision occurs prior to annexation, then the City of IowaCity may construct the basins and storm water storage areas and shall be reimbursed for the cost of their construction by the then owners of the twelve lots in Woodland Hills Part II, Johnson County, Iowa. Each lot owner will be responsible for 1/12 of the cost of construction. 4. In the event that either Iowa City or Johnson County, Iowa does not give final approval tothe plat of Woodland Hills Part II, Johnson County, Iowa, this agreement shall be of no force or effect. 5. This agreement shall be filed with the other legal papers for the subdivision, once final approval of Iowa City and Johnson County is obtained. 6. This agreement shall be binding upon die parties, their personal representatives, successors in interest, grantees, devisees, heirs and assigns. CITY OF IOWA CITY ak—l-d' doe� Mayor, City of Iowa Ctiy, Iowa SCHINTLER BROS. CONSTRUCITON CO., INC. C14 - - /� Js Robert chint r, resident ATTEST: RLCity Clerk, City of Iva City, Iowa o ald William Schintler, Secretary STATE OF IOWA, SS: JOHNSON COUNTY, On this a day of a by Ct , 1979, before me, the undersigned, a If notary public in and for the State of Iowa, personally appeared James Robert Schintler and Ronald William Schintler, 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 James Robert Schintler and Ronald William Schintler, 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. /6 a a RESOLUTION NO. 79-83 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, Striper Cab Cannan and Yellow -Checker Cab Canpany has made application for such Certificate, and, WHEREAS, a public hearing was held on the 27th day of February 1979 , on the application, and, WHEREAS, council deems that the public convenience and necessity requires the issuance of such Certificate(s) to Super cab Canpany & Yellow -Checker Cab Canpanv operation of 8 & 9 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 Super Cab Canpany & Yellow -Checker cab Company for 8 & 9 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. Received & Apprevod B The La al D partan-ant /b, -7 Res. No. 79-83 -2- It was moved by Balmer and seconded by Roberts that theResolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Balmer deProsse x Erdahl _ x Neuhauser _x Perret x Roberts x Vevera Passed and approved this 27th day of February MAYOR ATTEST: /.' f � / ' C TY CLERK 1979. /may RESOLUTION NO. 79-84 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 Ccnmany has made application for such Certificate, and, WHEREAS, a public hearing was held on the 27thday of February , 1979 , 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 I014A CITY, IOWA: 1. That the City Clerk is authorized to issue a Certificate of Public Convenience and Necessity to A Better Cab Ccrnpany for 7 (seven) taxi -cabs, pending applicants 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. Received 8, Apprcv^d b' f'The Leg D,parh=nf i Z ZZ- —I g I. Res. No. 79-84 -2- It was moved by deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer _ x deProsse _x Erdahl _x Neuhauser _x Perret _x Roberts _x Vevera Passed and approved this 27th day of February 197 — *'-L' GL • ice. ter/ MAYOR ATTEST: l � zrw CITY CLERK RESOLUTION NO 79-85 RESOLUTION ESTABLISHING MECHANICAL PERMIT FEES FOR THE UNIFORM MECHANICAL CODE OF THE CITY OF IOWA CITY. WHEREAS, it is in the public interest to require a permit prior to the performance of plumbing work, and, WHEREAS, the payment of a permit fee is necessary to offset the administrative costs of permits, NOW, BE IT SO RESOLVED BY THE CITY OF IOWA CITY, that: The fees for examinations and licenses shall be as follows: 1. For the installation or relocation of each forced air or gravity type furnace, floor furnace, suspended heater, recessed wall heater, floor mounted unit heater or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU. each $ 4.25 2. For the installation or relocation of each forced air or gravity type furnace or burner, including ducts and vents, attached to such appliance over 100,000 BTU's. each $ 5.50 3. For the installation or relocation of each boiler to and including three horsepower, or each Gas Fired absorption system to and including 100,000 BTU's. each $ 4.25 4. For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each Gas Fired absorption system over 100,000 BTU's to and including 500,000 BTU's. each $ 8.00 5. For the installation or relocation of each boiler or compressor over 15 horsepower and including 30 horsepower, or each Gas Fired absorption system over 500,000 BTU's and including 1,000,000 BTU's. each $11.00 6. For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or for each Gas Fired absorption system over 1,000,000 BTU's to and including 1,750,000 BTU's. each $16.00 /0/- z RESOLUTION N 79-85 PAGE 2 7. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each Gas Fired absorption system over 1,750,000 BTU's. each $26.75 8. For the installation or relocation of each commercial or industrial type incinerator. each $21.50 9. For the installation or relocation of each domestic type incin- erator. each $5.50 10. For each appliance or piece of equipment regulated by this Code but not classed in other appliance categories, or for which no other fee is listed in this Code. each $ 3.25 Any person who commences work prior to obtaining a permit shall be charged a double fee unless he/she demonstrates to the satisfaction of the Building Official that it was an emergency. Governmental agencies are exempt from the mechanical permit fees re- quired herein; provided however, the agencies will be required to pay the actual costs incurred by the City of Iowa City. It was moved by deProsse and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Erdahl x Neuhauser X Perret X Roberts X Vevera Passed and approved this 27th day of February , 1979. ATTEST: CITY CLERK 6_�AznG�/.a2..vr�� MAYOR RECEIVED h A. i i0'fSD BY THE LEGAL DEPARTMENT �-i-175W /4le_ //,p i RESOLUTION NO. 79-86 RESOLUTION ESTABLISHING BUILDING PERMIT FEES FOR THE UNIFORM BUILDING CODE OF THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City issues building permits for construction, and, WHEREAS, the payment of a building permit fee is necessary to offset the administrative cost of such permits, and WHEREAS, it is in the public interest to exempt other governmental agencies from the payment of these fees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: The fees for building permits shall be as follows: FEES (a) Building Permit Fees. A fee for each building permit shall be paid to the Building Official as set forth below. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The valuation to be used in computing the permit and plan -check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent work or permanent equipment. Where work for which a permit is required by this Cade is started or proceeded with prior to obtaining said permit, the fees specified below shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed here- in. (b) Plan -checking Fees. When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be submitted by subsection (c) of Section 301 of the Iowa City Building Code, a plan -checking fee shall be paid to the Building Official at the time of submitting plans and specifications for checking. Said plan -checking fees for buildings of Groups R, Division 3 and M Occupancies shall be one-half of the building permit fees. Plan -checking fees for all other buildings shall be 65 percent of the building permit fees as set forth below. RESOLUTION 79-86 PAGE 2 Where plans are incomplete, or changed so as to require additional plan checking, an additional plan -check fee shall be charged at a rate of one-fourth of the Building Permit fee. (c) Expiration of Plan Check. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation and plans submitted for checking 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 180 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 - check fee. (d) Reinspection Fee The fee for each reinspection shall be $10.70. BUILDING PERMIT FEES TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up FEE $5.50 $5.50 for the first $500.00 plus $1.00 for each additional $100.00 or fraction thereof, to and including $2,000.00. $20.50 for the first $2,000.00 plus $4.25 for each additional $1,000.00 or fraction thereof, to and including $25,000. $118.25 for the first $25,000.00 plus $3.25 for each additional $1,000.00 or fraction thereof, to and including $50,000. $199.50 for the first $50,000 plus $2.15 for each additional $1,000.00 or fraction thereof, to and including $100,000 $307.00 for the first $100,000.00 plus $1.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00. $907.00 for the first $500,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof. Governmental agencies are exempt from the building permit fees required herein; however, the agencies will be required to pay the plan check fee and all other costs incurred in the issuance of the permit. Ho "I Elm RESOLUTION 1 79-86 PAGE 3 It was moved by deProsse and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 27th day of February , 1979, MAYOR ATTEST: CITY CLERK RECEIVED & 4PP130VPD LEG f l > �gT1TWT 17� RESOLUTION NO. 79-87 RESOLUTION ESTABLISHING EXAMINATION FEES AND ELECTRICIANS'S LICENSING FEES FOR THE IOWA CITY ELECTRICAL CODE WHEREAS, the City of Iowa City conducts examinations and licenses electricians, and WHEREAS, the payment of a license fee is necessary to offset the administrative costs of licensing, and WHEREAS, it is in the public interest for the City to issue electrical permits. NOW, THEREFORE, BE IT 50 RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: The fees for examination and licenses shall be as follows: Examination Annual Reinstatement Fee Fee Fee Master Electrician's License $ 80.00 $ 27.00 $ 37.00 Journeyman's License 16.00 11.00 21.00 Maintenance Electrician's License 16.00 11.00 21.00 Restricted Electrician's License 16.00 11.00 21.00 The requirement of payment of the annual fee begins one year after the payment of the examination fee. The fees for the issuance of each electrical permit shall be as follows: 1. One meter setting Two meter settings Each meter setting in excess of two Temp. Service with total Permit Temporary Service 2 3 4 Outlets, switches, light fixture openings: 1-30 each over 31 $ 3.50 5.50 .80 2.50 5.50 $ 3.75 .10 Electrical range, water heater, furnaces, driers, air conditioners, electric signs, or outlets for them. $ 2.50 each Electric heat per kilowatt $ .50 17,�' -2- Res. No. 79- 5. Non-residential installations Value of Electrical Work Fee $ 1.00 - $ 200. $ 5.50 $ 201. - $ 800. 8.00 $ 801. - $1000. 13.50 each additional $1000. or fraction thereof. 5.50 6. Minimum fee for any permit $ 5.50 each 7. Reinspection fee $ 5.50 each Governmental agencies are exempt from the Electrical permit fees required herein; provided, however, the agencies will be required to pay the actual costs incurred by the City of Iowa City. It was moved by Balmer and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse X Erdahl x Neuhauser X Perret x Roberts X Vevera Passed and approved this 27thday of February , 1979. ATTEST: i CITY CLERK 17 3 RESOLUTION NO. 79-88 RESOLUTION ESTABLISHING PLUMBING PERMIT FEES FOR THE UNIFORM PLUMBING CODE OF THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City conducts examinations and licenses plumbers, and WHEREAS, the payment of a license fee is necessary to offset the administrative costs of licensing, and WHEREAS, it is in the public interest to require a permit prior to the performance of plumbing work, and WHEREAS, the payment of a permit fee is necessary to offset the administrative costs of permits, NOW BE IT RESOLVED BY THE CITY OF IOWA CITY, that: The fees for examinations and licenses shall be as follows: Master Plumber's License Journeyman Plumber's License First License Renewal $80.00 $27.00 27.00 11.00 An applicant shall pay the following fee at the time of issuance of the permit: SCHEDULE OF FEES Permit Fee $2.50 Fixture, traps, or openings First 5.50 2-10 each 2.50 11 or more each 1.00 Water softeners and heaters, and all other water connected appliances not connected to a sanitary sewer each 2.50 Inspection trips in excess of two each 5.00 Governmental agencies are exempt from the plumbing permit fees required herein; provided however, the agencies will be required to pay the actual costs incurred by the City of Iowa City. 17 Res. No. 79- -2 - It was moved by Neuhauser and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Pettet x Roberts x Vevera Passed and approved this 27th day of ATTEST: C 4Z AABIE STOLFUS, CITY C RK February , 1979. 7-5� RESOLUTION NO. 79-89 RESOLUTION ESTABLISHING SIGN PERMIT AND FENCE PERMIT FEES FOR THE IOWA CITY ZONING CODE OF THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City issues permits and reviews documents for signs and fences, and WHEREAS, payment of permit fees are necessary to offset the administrative costs, and WHEREAS, it is in the public interest to require a permit prior to the performance of sign and fence erection. NOW, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: Fees for sign and fence permits shall be as follows: Sign Permit $0.30 per square foot Minimum Fee $5.00 Fence Permit $1.00 Governmental agencies are exempt from the sign permit and fence permit fees required herein; provided however, the agencies will be required to pay the actual cost incurred by the City of Iowa City. It was moved by deProsse and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 27th day of February 1+99779_ Li��lA-!/�Ri�1CtaG� MAYOR ATTEST: � ' -�� CITY CLERK RECEIVED 6 &PPROVED BY �E LE A,L rKPARTIMT �7� RESOLUTION NO. 79-90 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1979 THROUGH JUNE 30, 1980. 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, 1979, through June 30, 1980, 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 deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Neuhauser T— Perret x Vevera x Erdahl x Roberts Passed and approved this 27th day of February ROBERT A. VEVERA, MAYOR 1979. RECEIVED & L.` 0VFI) BY THF., 10G D q ARTI[E S 177 CONTRACT BETWEEN CITY OF IOWA CITY, IOWA AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION JULY 1, 1979 TO JUNE 30, 1980 TABLE OF CONTENTS 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 . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XI -- VACATIONS . . . . . . . . . . . . . .. . . . . . . . 8 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. . . . . . . . . . . 15 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 ARTICLE XXVI -- GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . 17 ARTICLE XXVII -- EFFECTIVE PERIOD. . . . . . . . . . . . . . . . 21 ARTICLE XXVIII -- COMPENSATION . . . . . . . . . . . . . . . . . 21 ARTICLE XX1X -- COST OF LIVING . . . . . . . . . . . . . . . . . 21 ARTICLE XXX -- WAGE CONTROLS . . . . . . . . . . . . . . . . . . 22 ARTICLE XXXI -- PUBLIC EMERGENCY . . . . . . . . . . . . . . . . 23 ARTICLE XXXII -- GENERAL CONDITIONS. . . . . . . . . . . . . . . 23 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 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. Pa ARTICLE III CHFCK OFF Section 1. The City agrees to deduct Union membership fees and dues in a specific dollar amount once each month for 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. K ARTICLE V UN10N 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. 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. 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 notifT ed my -four (24) hours in advance if he is required to work on a day off. 5 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 i 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 (1') 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 Equalizatio a. To the greatest extent possible, overtime shall be assigned to officers equally considering seniority, the 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 forward. Overtime accumulation shall commence on July 1 of each year (see Section 7 below). 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 (k) hour of paid compensation at the overtime rate as the officer and his supervisor may determine. E Section G. Stand-by Time. The parties realize that it may be necessary or deslra)ITe 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 call. 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. For purposes of making a transition from calendar year to fiscal year the officer may choose payment or carryover of accumulated overtime on January 1, 1979, but may at no time exceed forty (40) hours accumulation without being paid and must be paid for all accumulated overtime on June 30, 1979. Section 8. The greater of two (2) hours or actual time spent will be credited to an officer who appears in court as required by an officer's duty. If the time spent in court results in an excess of forty (40) actual duty hours in one week, the officer will be compensated at the overtime rate. 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 7 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 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 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. Section 5. In order to make a transition from calendar year to fiscal year carryover, no officer will be penalized for carrying over holiday time on January 1, 1979. In addition, on July 1, 1978, each officer will receive an additional twenty-eight (28) hours of holiday credit. On or before June 30, 1979, each will use all holiday credit or will lose any carryover. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service 0-5 years 5-10 years 10-15 years 15-20 years 20 years plus Days Earned Per Month 1 1 1/4 1 1/2 1 3/4 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. Section 2. To make the transition to fiscal year for vacation carryover there will be no penalty to officers for the maximum amount of vacation hours carried over to January 1, 1979. Not more than 224 hours may be carried beyond June 30, 1979, without losing any excess over 224 hours. ARTICLE XII SICK IFAVF 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 (h) of the officer's then current hourly base salary. An officer 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. After completion of the initial probationary period, a day of accumulated 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. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (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, 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. 0 Section 3. Notification. An officer shall notify his supervisor 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. Section 2. Funerals. An officer will be granted up to three (3) days 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 of his accumulated sick leave with the approval of his supervisor. 10 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, is 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. f. 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. 11 Section 6. MilitarLeave. Officers belonging to or called by any branch of the Armed orces 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 reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day to 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. Political Candidacy. In the event any officer is a candidate for any national, state, or local political governmental office or is a candidate for the City Council of Iowa City, Iowa, he/she shall take a leave of absence without pay for a period of thirty (30) days prior to and including election day. Section 9. 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 LAY-OFFS 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- aration date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING 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 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. 13 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. 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 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. 14 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. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. All weapons, holsters, carriers, belts, and other equipment required by the Chief of Police shall be issued by and at the expense of the City. Section 2. Service ammunition for regulation weapons shall be provided by the City. Section 3. If required to carry a handgun in performance of duties, an officer shall, upon permission of the Chief of Police, have the right to select, pay for, and carry his own weapon provided he is able to demonstrate proficiency in the use thereof. This provision shall not require an officer to furnish his own handgun. "Proficiency" shall be construed in such manner as to be consistent with that required for a City furnished handgun. Section 4. 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. 15 Section 5. 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 within a reasonable period of time. 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) regulation raincoat. g. Two (2) regulation hat covers. h. Two (2) pairs regulation winter gloves. i. One (1) regulation pants belt. Section 2. Each plain clothes person will receive an allowance of seventy-two dollars ($72.00) 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 replaced within a reasonable period of time. 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. 16 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. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition - General Rules a. The word "grievance" wherever used in this Agreement shall mean any difference between the City and the 17 Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. 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 (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. IE 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 t e following manner: 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 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. 19 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 sbe s—ubTd 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. 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. PRI Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administration 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. ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 1978, and shall continue through June 30, 1979. 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, 1979, the City shall pay officers pursuant to the following schedule: Beginning Salary $ 960/mo. After 12 months service 985/mo. After 18 months service 1,181/mo. After 36 months service 1,295/mo. After 54 months service 1,393/mo. ARTICLE XXIX COST OF LIVING Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds seven percent (7%) 21 during the contract year. 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, 1979. C. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1979) and for August, 1979 - November, 1979 -February, 1980 -May, 1980. d. Quarterly cost of living allowance pay adjustmgnts 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 seven percent (7%). By way of example: If the CPI -W for November, 1979 is issued by the Bureau of Labor. Statistics during December, 1979 and the difference between the CPI -W for the basic index month (May, 1979) and November, 1979 is eight and two tenths percent (8.2%), then effective January 1, 1980, the salary schedules set forth in Article XXVIII, Compensation, of this Agreement will be increased one and two tenths percent (1.2%) as a cost of living allowance. By the same token, if subsequently the quarterly computations for February, 1980 (assuming the February, 1980 CPI -W is issued in March) shows the difference to be seven and four tenths percent (7.4%), then the one and two tenths percent (1.2%) cost of living allowance previously granted will be reduced to four tenths percent (.4%) effective April 1, 1980. In the event the difference based on the May, 1980 quarterly computation were to be eight percent (8%), then the cost of living allowance effective July 1, 1980 would be one percent (1%). Section 2. No cost of living reducing the salary schedules Compensation of this Agreement. adjustment will have the effect of set forth in Article XXVIII, Section 3. Payment of cost of living allowances (adjustments) will be to the extent permitted by the standards issued by the Council on Wage and Price Stability or by law. In the event a payment is questionable, the parties will jointly request a ruling from the appropriate governmental agency. ARTICLE XXX WAGE CONTROLS Section 1. This settlement has been negotiated with the intention of complying with the President's Inflation Control 22 Program and the Wage Standards issued December 13, 1978 by the Council on Wage and Price Stability. As a result, it does not necessarily reflect the settlement terms and conditions which might be anticipated in normal times. Therefore, it is understood and agreed by and between the parties that the terms and conditions of this settlement are not to be construed by the parties or others as establishing a mutually acceptable wage settelement pattern for the negotiation and/or settlement of future contracts. ARTICLE XXXI 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 XXXII 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. In the event any provision of this Agreement is held invalid by any court of competent jurisdiction or by virtue of the enactment or promulgation of any legislative authority which has application to this Agreement, the said provision shall be considered separable and its invalidity shall not in any way affect the remaining provisions of this Agreement. In the event of any such occurrence and notwithstanding anything to the contrary herein, the parties agree that the subject covered by any invalid provision shall be opened for renegotiation within a period of thirty (30) days following the occurrence of such event. Section 5. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 6. Anticipated Changes. The City shall give the Union as much advance notice as possible of any major change of working conditions. 23 CITY OF IOWA CITY BY: a--IVJJZL i ATTEST: /Ty E�K �9 7y PZ,f IOWA CITY POLICE PATROLMEN'S ASSOCIATION BY: BY: (4,cr Nv9o1„4%or RESOLUTION NO. 79-90 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION, TO BE EFFECTIVE JULY 1, 1979 THROUGH JUNE 30, 1980. 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, 1979, through June 30, 1980, 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 deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon roll ca T1 there were: AYES: NAYS: ABSENT: _cX Balmer x deProsse x Neuhauser x Perret X Vevera x Erdahl x Roberts Passed and approved this 27th day of February 1979. ,11_7 ROBERI A. VEVERA, MAYOR ABBIE STOLFU , CITY C ERK BY TUT I:c.'G L 'AI:'t1�;Efi RESOLUTION NO. 79-91 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PRO- FESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1979, THROUGH JUNE 30, 1980. 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, 1979, through June 30, 1980, 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 Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _X Balmer _x deProsse X_ Neuhauser x Perret x Vevera X Erdahl x Roberts Passed and approved this 27th day of February , 1979. ROBERT A. VEVERA, MAYOR ABBIE STOLFUS, CITY CEERK RRCEIVFD $ Aarr10V_,U F''? T� L_u9.I, Iiy t 1iCw%1T1 _ �� L2- CONTRACT BETWEEN CITY OF IOWA CITY, IOWA UIT11 IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL 11610 JULY 1, 1979 TO JUNE 30, 1980 TABLE Of CONTENTS ARTICLE Preamble . . . . . . . . . . . . . . . . . . . . Article I -- Recognition . . . . . . . . . . . . . . Article II -- Management Rights . . . . . . . . . . Article III -- No Strike - No Lockout . . . . . . . A ti 1 IV -- Dues Check Off Article V -- Hours of Work . . . . . . . . . . . . Article VI -- Overtime . . . . . . . . . . . . . . . Article VII -- Special Leave . . . . . . . . . . . . Article VIII -- Holidays . . . . . . . . . . . . . . Article IX -- Sick Leave . . . . . . . . . . . . . . X -- V ti r Aticle aca ons . . . . . . Article XI -- Union Activities . . . . . Article 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 1 2 2 3 3 3 4 5 7 8 9 10 10 11 11 11 11 12 12 12 13 13 14 16 16 17 17 17 17 PREAMBLE This Contract is entered into by the City as the "City" and the Iowa City Association I.A.F.F. AFL/CIO, Local 610, referred to as promoting harmonious 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: 2 ARTICLE I RFCOGNTTION 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, resthin, 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. 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 1. The normal work week will average fifty-six (56) hours, but no employee shall be guaranteed any specific number of hours in any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty- four (24) hour shifts, except such members as assigned to other special shifts 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 and off may be made upon twenty-four required to change schedules in an weather. Shift assignment or changes in days on (24) hours notice. No prior notice is emergency or in the case of inclement 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 redson. 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.Staffin . 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 appointment out of rank is made in writing by the Fire Chief for a period which exceeds thirty (30) calendar days, the employee so appointed will be paid at the beginning rate of the rank in which he/she is acting on the first full shift after the 30th day. In making such appointments the Chief will look first to persons on the promotional list for the vacant position, but may determine to appoint an individual whose name does not appear on the promotional list. 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 suppression activities. Prior authorization from the Battalion Chief 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. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1 1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1 1/2) hours of each hour of overtime worked. 5 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. Section 3. Minimum Call -In. An employee who has completed a work day and who is called in to work 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 LEAVE Section 1. On the Job Injury. Upon application the City may grant a leave of'absence with M ­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. 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, 3 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 supervisor. Section 3. Leave of Absence Without Pa . 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. 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. 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 7 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 f she is disabled as a result of pregnancy or related cause at the exhauttion 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 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 included 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 cr— edi p r month and shall have the right to accumu- late 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. Upon resignation or retirement, the City shall pay for onb-half (1/2) of the accumulated sick leave on the basis of the 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 resignation or retirement. 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 house- hold 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 circum- stances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her super- visor 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. N 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 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 sixty-four (264) hours. 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. 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 or not more that two hundred fifty-six (256) hours of accumulated vacation leave at the current base rate of pay. 10 ARTICLE XI UNION ACTIVITIES Section 1. Union Meetin s. The Union may use the All -Purpose Room for union meetings for three 3 hours not more 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 i— n�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 thirty (30) days prior to the 'request for time off. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. Negotiations. In the event that the parties to this contract ti determine that future negoations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation., The member will remain available for emergency calls during the negotiation period. ARTICLE XII UNIFORMS AND EQUIPMENT Section 1. Uniforms. The City will provide any uniforms and equipment which are required for employees. The following uniforms will be provided: Uniform cap Blouse Necktie 3 summer shirts 3 winter shirts 2 winter dress pants' 2 summer dress pants Gloves and mitts Winter coat Spring/Fall jacket Belt Fire Fighting helmet Turn out coat Bunker pants Day boots Night boots Ear muffs 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. 11 ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance policy currently provided for employees and eligible dependents. 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 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. 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. 12 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. 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 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. 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 13 qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE XX SUPPLEMENTAL EMPLOYMENT Section 1. Employees may have outside employment provided that such employment does not conflict with the duty hours of the employee or with the satisfactory or impartial performance of their duties and provided that such employment does not adversely affect the City. Section 2. The employee agrees to obtain the permission of the Fire Chief in advance of obtaining outside employment. 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. 14 ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate represeAtatives 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 follow ni 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. 15 Std If the Grievance is not resolved by Step 2, the Grievant may, within seven (7) calendar days following completion of Step 2, present three (3) written copies of the grievance as follows: a. one (1) copy to the Grievance Committee b. one (1) copy to the Union C. one (1) copy to the City The written grievance shall contain a statement from the Grievant of the specific circumstances leading to the grievance and section(s) of this agreement grieved and will specify the relief or remedy desired. It shall be signed by the Grievant. The Grievance Committee will within seven (7) calendar days following receipt of grievance meet to act upon the grievance. The Grievance Committee will within seven (7) calendar days after meeting adjust the grievance or reject the grievance in writing. The Grievance Committee will deliver their written decision as.follows: a. one (1) copy to the Grievant b. one (1) copy to the Union C. one (1) copy to the City In the event that no decision is received from the Grievance Committee within fourteen (14) calendar days after receipt of the grievance, the grievant shall proceed to arbitration. 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 Grievance Committee report at Step 3. 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 Iowa Public Employment Relations Board 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, 16 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 as follows: a. To resolve grievances as provided in Step 3. b. 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. 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 vehicle if available 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 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 17 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 DURATION This Contract shall be in effect between July 1, 1979, and June 30, 1980, 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, 1979, the base pay of each step for the Iowa City Fire Department Fire Fighters, Lieutenants and Captains will be the base pay rates set forth in the Contract currently in effect (July 1, 1978 through June 30, 1979) plus the accrued cost of living adjustments thereto through April 1, 1979, multiplied by one hundred and seven percent (1.07). By way of example: Assume a Fire Fighter at Step F and a two percent (2%) cost of living adjustment as a result of the last cost of living adjustment on April 1, 1979. The Step F monthly salary is $1,157 plus two percent (2%) or $1,180. Effective July 1, 1979 the Step F monthly salary (pay rate) would be $1,263 ($1,180 times 1.07%). ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost 'iving exceeds seven percent ('°" during the contract year. The method and ba for computing the allowance wi a as follows: In 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, 1979. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI -W for the base index month (May, 1979) and for August, 1979 -November, 1979 -February, 1980 -May, 1980. 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 seven percent (7%). By way of example: If the CPI -W for November, 1979 is issued by the Bureau of Labor Statistics during December, 1979 and the difference between the CPI -W for the basic index montfl (May, 1979) and November, 1979 is eight and two tenths percent (8.2%), then effective January 1, 1980 the salary schedules set forth in Article XXVIII, Compensation, of this Agreement will be increased one and two tenths percent (1.2%) as a cost of living allowance. By the same token, if subsequently the quarterly computations for February, 1980 (assuming the February, 1980 CPI -W is issued in March) shows the difference to be seven and four tenths percent (7.4%), then the one and two tenths percent (1.2%) cost of living allowance previously granted will be reduced to four tenths percent (.4%) effective April 1, 1980. In the event the difference based on the May, 1980 quarterly computation were to be eight percent (8%), then the cost of living allowance effective July 1, 1980 would be one percent (3). e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. f. Payment of cost of living allowance (adjustments) will be to the extent permitted by the standards issued by the Council on Wage and Price Stability or by law. In the event a payment is questionable, the parties will jointly request a ruling from the appropriate governmental agency. Section 2. Longevity Pay. A payment will be made to permanent full time employees as of December 1, 1979, to reflect years of service with the City according to the following schedule: Length of Service on December 5 years I day - 10 years $200.00 10 years 1 day - 15 years 225.00 15 years 1 day - 20 years 250.00 20 years 1 day + 300.00 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 $300 will be made to each permanent full time bargaining unit employee as of December 1, 1979. In the event that an employee terminates for any reason after December 1, 1979, he/she will reimburse the City 19 from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, 1980, will return $150 of the December 1 payment. This payment will be compensable if allowed by Chapter 410 or 411. CITY OF IOWA CITY, IOWA IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 R/I y�4 M ATTEST: CITY CLERK DATE: / /999 BY: PL . C RESOLUTION NO. 79-91 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PRO- FESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 1, 1979, THROUGH JUNE 30, 1980. 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, 1979, through June 30, 1980, 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 Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Neuhauser x Perret x Vevera x Erdahl x Roberts Passed and approved this 27th day of February 1979, ROBERT A. VEVERA, MAYOR A BIE STOLFUS, CITY CVERK IZFCFIVr7 P. A` 7', ^C• RESOLUTION NO. 79-92 �Reso utivu of (9orttmubation 3114ervw, Ri.ehand Lum6den submitted a resignation from the service of the City of Iowa City effective Dec. 15, 1978 and WIlereus, the said R%ehoAd Lumsden as an employee of the Iowa City Pottut%on Cont"t D.ivd.6.ion has given the City of Iowa City 26 yeau of dedicated service, from Feb. 4, 1952, and 04eretts, the City Council wishes to commend the said Riehand Lumsden for said service. 39IIfu TIlerefmv ht it psofftea hV T4e QIttg f(Inttnril of c ofoa (fitg, �ofva: I. That the City Council of Iowa City, Iowa hereby commends Riehand Lumsden for meritorious service in the PoZ&t i on Con tAof- Div. of the City over the years. 2. That the City Council extends the gratitude of the City to the said Riehand Lum6den for his service. 3. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this resolution to R.ieha)td Lumsden. It was moved by Batmeh and seconded by Veveha that the Resolu- tion be adopted. A ' CITY CLERK MAYOR Passed and approved this 6th day of March, 1979 Ayes: Balmer, deProsse, Erdahl, Neuhauser, Vevera Nays: none. Absent: Perret, Roberts. G� RESOLUTION NO. 79-93 L I' ?� IRESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, I that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: E -J Corporation, Inc. dba Iowa City Racquet Club, I-80 and North Dodge St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as regia be adopted, and upon roI�IT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts _x Vevera x Passed and approved this 6th day of Marrh 19 79 Mayor 1 Attest: l t ('�, 'A e /J/ City Clerk d �""� C o J 1 RESOLUTION NO. 79-94 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: E -J Corporation, Inc. dba Iowa City Racquet Club, I-80 and North Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera 04 Passed and approved this 19 79 , � (Itcr ,�� Attest: City Clerk �1 6th day of March , �Ts�i��///��.{moi Mayor RESOLUTION N0. 79-95 %= =- RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCAT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveTTor the following named person or persons at the following described location: Michael R. Hanrahan dba St. Michael's Saloon, 800 South Dubuque Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as rea be adopted, and upon ro1T_c_aTr there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 6th day of March Mayor Attest City Clerk 19 79 ,�;3d y - RESOLUTION N0. 79-96 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY79 BUDGET ENDING JUNE 30, 1979 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., March 20, 1979, to permit any taxpayer to be heard for or against the proposed amendment to the FY1979 Budget ending June 30, 1979. 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, at least four ays before the time set for such hearing. It was moved by deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon roll ca tTT—Fere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 6th day of March 1979. ROBERT VEVERA, MAYOR ATTEST: (9&- .2-1� ABBIE STOLFUS, CITV CLERK C.3 RESOLUTION NO. 79-97 RESOLUTION AUTHORIZING THE FILING OF 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 Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: 1. That the City Manager is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in financing of seven 45 - passenger buses, two 12 -passenger lift equipped buses and two 14 -passenger vans. That the City Manager is authorized to execute and file with such application an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. That Neal Berlin, City Manager is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the project. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 073 RESOLUTION 79-97 Page 2 It was moved by Perret and seconded by deprosse the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x_ Erdahl x Neuhauser x_ Perret _x Roberts x_ Vevera Passed and approved this 6th day of March, 1979. G �ivGld[/ MA OR ATTEST: CITY CLERK RECEIVED k AFPROVED BY THE IXGAL DEPARTMENT 0"33 hre ',UMOJ NOSNHOP CINV VMOJ d0 ALISU3AINn f3llIA7VMOO d0 AIIO rAiD VMOI 30 WO 3H1 :10 NOIlV'd3d000 3Hl HOnONHl NOISSI"O 9NINNVld 7MI938 KLNnOO NOSNHOf 3H1 d0 3dV1S 3Hl Ail aWd38d SVM NOIlVOIIddV SIHL S" Sd 1796T dO lOd NOIlVAOdSWdl SM Ndfl n 3H1 d0 2 NOI M 2fd(llJ(I IMO 1N3MMMI l lffi NOIMO&Mi SM v and VAOI 'ALIO VMOI d0 ALIO d0 NOIIV)Ilddd F, CITY OF CIVIC CENTER 410 E. WASHINGTON ST OWA CITY IOWA CITY IOWA 52240 (319) 354.180D Urban Mass Transportation Administration U.S. Department of Transportation Washington, D.C. 20590 Gentlemen: The City of Iowa City herein applies for a grant of $656,768 under the Urban Mass Transportation Act of 1964 to assist in financing a capital improvement project generally described as: (A) Purchase of 7 new 45 -passenger diesel transit buses, three of which are to be air conditioned. (B) Purchase of 2 new lift -equipped 12 to 17 -passenger small buses. (C) Purchase of 2 new 14 -passenger vans. As was the case with the last Iowa City UMTA Section 3 Grant (March 1976), the City of Iowa City is acting as the lead agency on behalf of itself, the City of Coralville, and the University of Iowa. Johnson County is also included in this application. The applicant represents that the data submitted to the Department of Transportation in support of this application are true and correct. Sincerel: ' Neal Berlin, City Manager City of Iowa City i 073 TABLE OF CONTENTS PAGE Letter of Submittal . . . . . . . . . . . . . . . . . . . . i Table of Contents . . . . . . . . . . . . . . . . . . . . Authorizing Resolution . . . . . . . . . . . . . . . . . . Opinion of Council . . . . . . . . . . . . . . . . . . v PART I - Application Form . . . . . . . . . . . . . . . . 1 PART II - Not Applicable . . . . . . . . . . . . . . . . . 3 PART III- Budget Information Forms . . . . . . . . . . . . . 4 PART IV - Program Narrative . . . . . . . . . . . . . . . . 8 EXHIBITS A. Project Description . . . . . . . . . . . . 9 B. Public Transportation System . . . . . . . . 12 C. Project Justification . . . • . • • • • • • 37 D. Project Financing • • • • • . • • • • • • • 48 E. See Part III • • • . • • • • • • • • • • • • 52 F. Planning • . • • • • . • • • • • • • • • • . 54 G. Public Transportation Program • • • . • • • 69 H. Use of Project Facilities • • • • • . • • • 76 I. Labor . . . . . . . . . . . . . . . . . . . 84 J. Public Hearing • • • • • . • • • • • • • . . 90 K. Relocation • . • • . • • . • • • • • • • • . 96 L. Protection of the Environment • . • • • . • 98 M. Elderly and Handicapped • . • • • . • • • . 107 N. Distribution of Transportation Benefits • • 112 0. Evaluation of Flood -Plain Hazards • • • • • 125 PART V - Assurances for Captial Grant Projects • • • • • • 127 - Assurances for Capital Grant Projects • • • . 128 - Certification • . • • • • • • • • • • • • • • 132 - Assurance of Compliance with Title VI • • • • 133 - Charter and School Bus Restrictions . • . • • 142 ii d 36 CITY OF IOWA CITY (.I\/I<, (ENTER 410 E. WASHINGTON ST. IUWA CITY IOWA 52240 (319) 35a 188, Honorable Mayor and City Council City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Re: Application for Financial Assistance -- Urban Mass Transportation Act of 1964, As Amended -- Iowa City Urban Area Mass Transit Assistance Grant Dear Mayor and Councilpersons: This letter will serve as the requisite opinion of counsel to be filed with the United States Department of Transportation in connection with the application of the City of Iowa City for financial assistance pursuant to the provisions of the Urban Mass Transportation Act of 1964 as amended for the Iowa City Urban Mass Transportation Assistance grant. The City of Iowa City is a public body authorized to contract for and receive a federal grant being endowed with broad powers pur- suant to Chapter 364 of the 1979 Code of Iowa. The City of Iowa City is authorized by Chapter 364 of the 1979 Code of Iowa to provide and assist public transportation by acquisition, construction and operation of existing or additional transit facil- ities. City is authorized by Chapter 28E of the 1979 Code of Iowa to enter into cooperative agreements with other governmental bodies for the provision of transit services. 3. Annual transfers to the Transfer Replacement Reserve have been approved by the City Council of Iowa City since 1971 as part of the annual operating budget of the City of Iowa City. On January 31, 1979, the balance in the reserve fund was $246,452.66, which is in excess of the projected local contribution of $161,692. No dis- bursements are scheduled from this fund prior to the implementation of this project. 4. The City Manager's authority to contract for and receive a federal grant is contained in Resolution No. 79-97 which was adopted by the City Council of Iowa City, March 6, 1979. �' j37 I have reviewed the pertinent federal, state, and local laws and I am of the opinion that there is no legal impediment to your making this application. Furthermore, as a result of my examination, I find that there is no pending or threatened litigation which might in any way adversely affect the proposed project. Very truly yours, Angela Ryan!!// Assistant City Attorney jm5/1 ✓i PART I APPLICATION FORM FOR CAPITAL GRANT PROJECTS -1- F3%] APPLICATION FOR FEDERAL ASSISTANCE 1. State Clearinghouse l denhlier OMB NO. 80 RO-166 PART 1 Z. Applicant's Appbcation No. Ito be eompletd by UMTAI a. Federal Grantor Agency 4. Applicant Name Department of Transportation City Iowa City Orgammional Unrt DepartmenttDrvinon Urban Mass Transportation Administration Office of City Manager Admmrshn "o Office Street Addrms —P.O. Box Office of Capital Assistance Civic Center, 410 E. Washington St. Stam Address — P.O. Bos City County 400 Seventh Street, S.W. CityStam ZIP Coda _Iowa City State Johnson Washin ton, D.C. 20590 Zip Code 5. Descriptive Name of the Project Iowa 52240 Iowa `kUrban Area Mass Transit Assistance Grant 6. Fdaral Catalog No. ). Federal Funding Requested 20.500 g 656,763 8. Grantee Typa ' State, County, X City, Other (Specify) 9. Type of Applmat on or Reguas, _X New Grant Continuation, Supplement, Othor Changes (Specify) 10. Type of Assistance X Grant Loan, Oth-r (Spocify) 71. Papulation Directly B-naLbng from the Props 13. Lengrh of Protect 75,025 12 Months 12. Congressional D�s[nct 1d, Beginning Date -First (Iowa) February 1, 1979 b. 15. Dab of Appbcation First (Iowa) December 20 1978 16. The aPPbunt eertslles that to the best of his knpwldge and beb-f the data in this application are True a with the attached assurances it he reemves ntl correct, and that he will comply the grant. Typed name Title Meal Berli City Manager AREA Telephone Number Signature of A clued Repro e r� CODE NUMBER EXT. 319 354-1800 201 For Federal Use Only PART II PROJECT APPROVAL INFORMATION NOT APPLICABLE TO UMTA PROGRAM -3- PART III BUDGET INFOWATIM FORS FOR WITAL GRANT PROJECTS -4 - a y� 1 to PART III — BUDGET INFORMATION Page 1 OMB NO. 8ORO-lW SECTION A — BUDGET SUMMARY Grant Program, Function or Activity (a) Federal catalog No. Ibl Estimated! Unobligatd Funds Naw or Revised Budget Federal Icl Non Federal Idl Federal lel NomFdaral M Total Igl Capita Impr. Grant 20-c;00 $ $ $ 656,768 $ 164,192 $ 820.960 2. c. Travel 3. d. Equipment 733,000 733.000 4. f. Contractual 5. TOTALS Is Is $ 656,768 $ 164,192 S820,960 SECTION B — BUDGET CATEGORIES 6. Object Class Categories Grant Program, Function or Activity Total 151 Itl lzl 131 141 a. Personnel $ 14,660 $ $ $ $ 14,660 b. Fringe Benefits c. Travel d. Equipment 733,000 733.000 e. Supplies f. Contractual g. Construction h. Other 73,300 73,300 i. Total Direct Charges j. Indirect Charges k. TOTALS $820,960 $ $ is $ 820,960 7. Program Income 1. $ 12,500 $ $ $ $ 12,500 I PART III —BUDGET INFORMATION Pale 2 OMB NO. BD-ROISS SECTION D — FORECASTED CASH NEEDS Total for 1st Year 1st Deane, 2M Quarter 3rd Deaner OM Dean., 13. Federal S 656,768 $ S 60,928 S 595,840 $ 14. Non -Federal 164,192 15,232 148,960 15. TOTAL S 820,960 S S 76,160 S 744,800 S_ SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT Ial GRANT PROGRAM SECTION C - NONFEDERAL RESOURCES 16. $ S S S W GRANT PROGRAM Ib) APPLICANT Icl STATE Idl OTHER SOURCES la) TOTALS B. Capital Improvement Grant S 63,840 S S 100,352 $ 164,192 9. 10. n. 12. TOTALS S 63,840 S $ 100,352 S 164,192 SECTION D — FORECASTED CASH NEEDS Total for 1st Year 1st Deane, 2M Quarter 3rd Deaner OM Dean., 13. Federal S 656,768 $ S 60,928 S 595,840 $ 14. Non -Federal 164,192 15,232 148,960 15. TOTAL S 820,960 S S 76,160 S 744,800 S_ SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT Ial GRANT PROGRAM FUTURE FUNDING PERIODS [YEARS) lb) FIRST Icl SECOND Idl THIRD lel FOURTH 16. $ S S S 17. 18. 19. 20. TOTALS S S $ S 21. Direct Charges! Indirect Charges: Remarks: SECTION F - OTHER BUDGET INFORMATION (Attach additional Sheets if Necessary) OTHER BUDGET INFORMATION: Net Project Cost and Funds 1. Estimated Gross Project Cost $820,960 (from Section B, Line 6k of Budget Information) Deduct Project Financing* 12,500 (from Section B, Line 7 of Budget Information) Estimated Net Project Cost $808,460 2. Federal Grant Request $646,768 (80% of net project cost) Local Contribution 161,692 (20% of net project cost) Estimated Net Project Cost $808,460 3. The local contribution will be made in cash by the City of Iowa City from sources other than federal funds or transit revenues. Funds are currently available in the City's equipment replacement reserve fund and General Fund. Pertinent documentation indicating the source and amount of funds are included in Exhibit D. It is further understood that no reduction of the local contributions (exclusive of the additional contribution referred to above) shall be made at anytime unless there is at the same time a refund of a proportional amount of the Federal Grant. * Funds accrued through the sale of old equipment will be used to assist in financing this project and is deducted from the Estimated Gross Project Cost. The amount of funds is estimated as follows: Iowa City Transit - 1 bus @ $1,000 U. of I. Cambus - 2 buses @ $5,000 Johnson County SEATS - 2 vans @750 TOTAL -7- _ $ 1,000 10,000 1,500 $12,500 0) q6 PART IV PROGRAM NARRATIVE FOR CAPITAL GRANT PROJECTS EXHIBITS: A. PROJECT DESCRIPTION B. PUBLIC TRANSPORTATION SYSTEM C. PROJECT JUSTIFICATION D. PROJECT FINANCING E. NOT APPLICABLE TO GRANT APPLICATION F. PLANNING G. PUBLIC TRANSPORTATION PROGRAM H. USE OF PROJECT FACILITIES I. LABOR J. PUBLIC HEARING K. RELOCATION L. PROTECTION OF THE ENVIRONMENT M. ELDERLY AND HANDICAPPED N. DISTRIBUTION OF TRANSPORTATION BENEFITS 0, EVALUATION OF FLOOD HAzARDS - 8- EXHIBIT A PROJECT DESCRIPTION ,:;;? y7 EXHIBIT A: Project Description 1. Purchase of Seven (7) new 45 -passenger, diesel -powered transit buses, with tires, three (3) with air-conditioning and five (5) with fare boxes. Each vehicle will also have necessary emission control equipment to comply with EPA standards. The buses are estimated to cost an average of $95,000. The total estimated cost is $665,000. These costs are based on estimates supplied by various manufacturers and transit industry representatives. 2. Purchase of two (2) new 12 to 17 -passenger buses with tires and hydraulic lift: These vehicles will also have necessary emission control equipment to comply with EPA standards. These vehicles will provide service for the elderly and handicapped within Johnson County having specialized mobility or accessibility needs. Based on estimates supplied by various manufacturers and transit industry representatives, it is estimated that these vehicles will cost $25,000 each for a total estimated cost of $50,000. 3. Purchase of two (2) new 14 -passenger vans. These vehicles will be used to provide demand -responsive service for the elderly and handicapped persons in the Iowa City-Coralville urban area, as well as rural Johnson County. Based on a survey of area dealers, it is estimated that each van will cost an estimated $9,000 for a total estimated cost of $18,000. 4. Administrative cost of the applicant subsequent to grant approval. The applicant proposes to include the costs associated with grant administration in the project budget. These costs will follow grant approval. Direct and indirect costs related to items such as bid specifications, bid advertisements, bid analysis, third -party contracts, etc. may be included. Based on the total equipment costs in this application, it is estimated that $14,660 will be needed for grant administration. -10- C� 418 EXHIBIT A Page 2 The purchase of all equipment in this grant will be made through competitive bidding in accordance with the established procedures of the applicant. Vendors of new vehicles will be required to certify that the vehicles comply with the air pollution criteria currently established by the Environmental Protection Agency. -11- EXHIBIT B PUBLIC TRANSPORTATION SYSTEM -1z- 0�So EXHIBIT B: Public Transportation System 1. Description of the Public Trun:iportation System Within Johnson County The Iowa City-Coralville urban area is served by three public fixed - route mass transportation carriers. Two of the carriers are owned and oper- ated by the cities of Iowa City and Coralville. The third - Cambus - is owned and operated by the University of Iowa. Augmenting this service, Johnson County, through a program called SEATS, provides for the specialized transpor- tation service needs of the elderly and handicapped for the entire county. Together, these carriers comprise a separate but coordinated system that provides areawide transit coverage. The three fixed -route carriers were established during the same time period to serve the area's transportation needs. In 1971, the City of Iowa City, in response to the planned termination of private transit service by the Iowa City Coach Company, applied for and received a federal grant from UMTA to purchase twelve new buses and a transit maintenance facility. This insured the continuation of necessary transit service to the urban area's central city. The City of Coralville initiated transit service in 1969 to meet the transit needs in this suburban city and provide access to the cental city. The third system - Cambus - was established in 1972, as part of the University of Iowa's plan to reduce dependence on the automobile by members of the University community (faculty, staff, and students) and to establish a pedestrian campus. System coordination of the three fixed -route carriers in the urban area is exemplified by route interface and a common point of convergence for all routes. Iowa City Transit operates 12 radial routes and 4 special peak -hour routes which all converge in the Iowa City CBD - University of Iowa Campus area. Coralville Transit operates three routes that loop around the city and one express route that serves the commercial area along Highways 6/216 in Coralville. Upon completing of the city routes, the buses journey into the Iowa City CBD area to permit passenger transfer to the other systems. (See Attachments B-1 and B-2.) Cambus also operates loopinq routes. These routes circle the CBD - Campus area and connect in the CAD with the other systems. -13- dSl EXHIBIT B (cont'd) Page 2. To meet the unique needs of the University Community, Cambus also operates five special routes and a demand -responsive small bus, which is lift -equipped (see Attachments B-3 and B -3a). In December, 1975, the Johnson County SEATS program was initiated to pro- vide specialized transportation service in the rural portion of the county. The program has been expanded to now provide demand -responsive service for residents of both the urban and rural portions of the county. The Transportation Committee of the Johnson County Regional Planning Commission (JCRPC) provides for the coordination of transit planning and operation activities, as part of its overall responsibility for long range, multi -modal transportation planning in Johnson County. The Committee is com- prised of voting members representing Johnson County, Iowa City, Coralville, University Heights, University of Iowa, JCRPC Citizens' Advisory Committee, JCRPC Small Cities Committee, JCRPC, and Iowa Department of Transportation. Non-voting resource persons are appointed to the committee to provide technical support (see Attachment F-3). Technical support and advise in transit related issues addressed by the committee are provided by an informal subcommittee com- prised of transit operators and JCRPC staff. a. Roster of Equipment The public line -haul systems, Iowa City Transit, Coralville Transit and Cambus, own and operate all of their respective equipment. A total of 40 buses are in operation. Johnson County owns and operates a fleet of 5 passenger vans under their SEATS program (see Attachment B-4). b. Level of Service As of November, 1978, public fixed route transit service was pro- vided on a total of 26 routes. There are a total of 32 buses oper- ating during peak hours. The routes are designed in accordance with the adopted goal of the area's Transit Development Program that transit service be provided within three blocks of any residence in the urban area. Currently, over 90 percent of all residences are covered. All routes for the three systems cover 147 round trip route miles. The mileage by system is as follows: SYSTEM MILES Iowa City Transit 82.1 Coralville Transit 27.3 U. of I. Cambus 37.6 TOTAL 147.0 -14- 07 5:;2- EXHIBIT B (cont' Page 3. The time of operation for the three systems is generally sumarized as follows: - Iowa City Transit provides service between 6:30 a.m. and 10:00 p.m. Monday through Saturday, with 15 to 30 minute peak and 30 to 60 minute off-peak headways during the day and 60 minute headways after 6:00 p.m. - Coralville Transit operates between 6:00 a.m. and 12:30 a.m. Monday through Saturday. Monday through Friday headways are 15 to 60 minutes during peak and 30 to 120 minutes during off-peak. For Saturday and night service, headways are 60 minutes. - Cambus provides service between 6:00 a.m. and 12:30 a.m. Monday through Friday with 7 to 30 minute headways during the day and 15 to 45 minute headways after 6:30 p.m. - Johnson County SEATS provides demand -responsive service during the following hours of operation: Monday, Thursday and Friday - 8:00 a.m. to 9:30 p.m. Tuesday and Wednesday - 8:00 a.m. to 6:00 p.m. Saturday and Sunday - 8:00 a.m. to 3:00 p.m. C. Fare Structure The fare structure for the line -haul systems is shown below, as well as for the Johnson County SEATS program. Johnson 50C N/A N/A 15t Congregate County Meal Fare. SEATS Base Monthly Elderly & Other Fare Pass Handicapped Programs Iowa City 254 $8.00 No fare during a) Free Transfers Transit off-peak and b) Bus & Shop -Free Saturdays Fare with $5.00 purchase. Coralville 35C $12.00 No fare during a) Free Transfers Transit off-peak and b) Bus & Shop Saturdays. c) 10C Youth Fare (Evenings only) U. of I. Free N/A Free N/A Cambus Johnson 50C N/A N/A 15t Congregate County Meal Fare. SEATS NXIIIBI'1, H (Coll L.'(1) Pago 4. d. Ridership Between 1972 and 1977, ridership on the line -haul system has increased by 1.25 million riders or 46 percent (see Attachment B-5). Except for 1976, ridership has steadily increased on all three systems. It is projected that this trend will continue through 1978. Public specialized transportation service for the elderly and handi- capped is relatively new to Johnson County. The public response has been excellent, as indicated below. During 1976, there were 7,678 riders compared to 16,939 in 1977. This is a 120 percent increase. CARRIER RIDERSHIP 1976 1977 Johnson County SEATS 5,398 12,551 U of I Handicapped Service 2,280 4,388 TOTAL 7,678 16,939 2. Financial Arrangements Between the Cities of Iowa City and Coralville and the Johnson County Board of Supervisors In August, 1977 the City Councils of Iowa City and Coralville entered into agreements with the Johnson County Board of Supervisors. Per these agreements,the Johnson County SEATS program provides specialized demand - responsive transportation for the elderly and handicapped in the urban area in return for financial and equipment compensations. Copies of the current agreements are provided in Attachments B-6 and B-7. 3. Other Mass Transportation Carriers in the Iowa City-Coralville Urban Area Inter -city service is provided by four carriers: Greyhound Lines, Jeffer- son Lines, Missouri Transit and Continental Trailways. The inter -city bus terminal is located in the central business district, near the terminus of the radial urban transit routes, thus affording reasonably convenient transfers between the two types of systems. The inter -city carriers do not provide any service for trips within the metropolitan area. -16- S7 13 11 1 r 11m ATTACHMENT B-1 \' `�1 IOWA CITY TRANSIT B CORALVILLE TRANSIT BUS ROUTES 3 1 HAWKEYE APARTMENTS 11 tJORTH DUBUQUE �' 2 WEST BENTON 1$ MANVILLE HEIGHTS �i. �� 3 WARDWAY 13 FIRST AVENUE �I is 4 MALL 14 TENTH STREET- i� 5 GOODWILL LANTERN PARK G LAKESIDE 15 `WESTERN HILLS - 7 TOWNCREST HOLIDAY GARDEN �� l �t 8 EAST COLLEGE EXPRESS i 9 ROCHESTER REGULAR SERVICE ,�; 10 NORTH DODGE --PEAK HOUR SERVICE 10 10-1-- ; v-4-_ �-�= 1 9 UUj ami a 1 z 0 ATTACHMENT B-2 I —� IOWA CITY TRANSIT PEAK HOUR BUS ROUTES PEAK HOUR SERVICE - (September - rlav)- F HAWKEYE EXPRESS `= Z WESTSIDE SPECIAL $ LAKESIDE EXPRESS 4 EASTSIDE SHUTTLE 11- 1 MA�i=_Lin1 uu� GI� � I a ATTACHMENT B-3 CAMBUS BUS ROUTES I RED ROUTE Z BLUE ROUTE $ INTERDORM EXPRESS 4 PENTACREST EXPRESS S HAWKEYE ROUTE* 6 OAKDALE ROUTE 7 EASTSIDE LOOP* *evenings only a1,% MEMO MONOMER woman a tl 111:' ■a MOORE 0 SERVE on ME MINNIMMM ......MR `4 ATTACHMENT B -3a ATTACI-LMENT B-4 Roster of Equipment VEHCILE NO. OF YEAR SEATING TYPE CARRIER MFG. MODEL VEHICLES BUILT CAPACITY FUEL Iowa City Transit GMC TDH5103 1 1952 51 DIESEL GMC TDH4521A 12 1971 43 DIESEL GMC TDH5107A 2 1974 51 DIESEL FLXIBLE 45096 3 1977 43 DIESEL DODGE SEDAN 1 1973 GAS CHEVROLET SEDAN 1 1975 GAS Coralville Transit GMC TDH3612 2 1949 36 DIESEL N r � FLXIBLE 45096 5 1977 43 DIESEL CHEVROLET Service Truck 1 1977 GAS University Of Iowa GMC TDH5304 2 1963 53 DIESEL Cambus FLXIBLE 45096 12 1977 43 DIESEL OMNIBUS E374A 1 1976 12 GAS Johnson County SEATS DODGE B-20*4 1 1973 11 GAS DODGE B-30*3 1 1974 15 GAS CHEVROLET c-631306*1 1 1977 12 GAS DODGE 13-200 1 1977 8 GAS DODGE B-300 1 1978 12 GAS C� ATTACHMENT B-5 RIDERSHIP DATA: (1972-1978) IOWA CITY METROPOLITAN AREA TRANSIT SYSTEMS (LINE -HAUL SERVICE) YEAR IOWA CITY # TRANSIT % Change CORALVILLE # TRANSIT % Change CAMBUS # % Change TOTAL = % Change 1972 1,266,813 96,397 37.3 1,359,233 2,724,443 1973 1,303,824 2.8 135,633 40.7 2,259,234 66.2 3,698,691 35.8 1974 1,413,210 8.4 179,434 32.3 2,387,519 5.7 3,980,163 7.6 1975 1,435,239 1.6 192,937 7.5 2,404,857 0.7 4,033,033 1.3 1976 1,411,197 (1.7) 203,345 5.4 2,070,725 (13.9) 3,685,267 (8.6) 1977 1,415,653 0.3 243,866 19.9 2,322,349 12.2 3,981,868 8.0 1978 1,629,101 15.1 307,483 26.1 2,562,900a 10.4 4,499,484 13.0 aProjected based on ridership for 10 months of year. 1I ATTACHMENT B-6 r FIRST RENEWAL OF AGREEMENT FOR TRANSIT SERVICES 0 'T'h'is renewal agreement is entered into by and between .Johnson County, Iowa, and the City of lows City, Iowa, both municipal cor- porations. /U - 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; and Whereas, the parties to this renewal desire to implement a Pro- posal for Iowa City-Coralville Metropolitan Area Specialized Elderly and Handicapped Transportation Service, Fiscal Year 1979, prepared by the staff of the .Johnson County Regional Planning Commission, which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The first renewal term of this agreement shall commence July 1, 1978, and continue for one year through and including .lune 30, 1979. 2. Paragraph 4(A) of the original agreement is amended by de- leting the term "67" in line three and substituting therefore the term "74". 3. Paragraph 4(C) of the original agreement is amended by de- leting the entire language thereof and substit ' g he following: "C. The County shall request a 50� one wary.) e�nul'OW2D to help defray operating costs for the fo11q,W.i g$Y�e-a-r; _7Z. ls",9� COUNTY AUDITOR -23- 1-261 - z - in the event this agreement is not renewed for future years, Johnson County will pay all accrued donations received during fiscal 1979 to the City of Iowa City. 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein pro- vided, the City of Iowa City agrees to pay to Johnson County the sum of $31,784.91, less accrued donations as of June 30, 1978, for the one-year period covered by this contract. Pay- ments shall be made upon receipt of funds from the Iowa Depart- ment of Transportation. 5. In all other respects, the original agreement 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 _I— day of 1978• CITY OF IOWA CITY, IOWA BY: iJ�1 • (/ �t P�r� Robert Vevera Mayor Attest: JOHNSON COUNTY, IOWA BY: �4,_/A)_0,e2222 Harold Donnelly, Chairman Board of Supervisors Attest: City Clerk o tyu it r 1T� EGAL DEPAR =1,NT -24- ` AGREEMENT FOR TRANSIT SERVICES This agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. Whereas, the City of Iowa City wishes to provide its residents with special elderly and handicapped transit services; and Whereas, Johnson County, pursuant to its general powers, has in operation a special elderly and handicapped transit service for the unincorporated portions of Johnson County, Iowa; and Whereas, Chapter 28E of the Code of Iowa provides, in substance, 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; and Whereas the parties to this agreement desire to implement a Proposal for Iowa City-Coralville Urban Area Elderly and Handicapped Transportation Service, dated August, 1977, prepared by the staff of the Johnson County Regional Planning Commission, which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The original term of this agreement shall commence September 1, 1977, and continue for ten months through and including June 30, 1978. -25- a 63 -2- 2. Johnson County will administer the program by extending its special elderly and handicapped transporta- tion service, known and referred to as S.E.A.T.S., into the corporate limits of the City of Iowa City. This service shall be available to persons over 60 years of age and accompanying spouses, and to persons with ambulatory, manual, visual, audial or mental impairments which seriously limit their ability to obtain adequate transportation and accompanying spouses. 3. Johnson County agrees that operation of the program will be in full conformity with any and all rules -and regulations established by the Iowa Department of Transportation for such elderly and handicapped transit service programs. 4. The parties agree that the following service pro- visions shall apply: A. The County shall have available the equivalent of one vehicle within the Iowa City corporate limits for approximately 67 hours per week; actual hours of operation shall be set by Johnson County through its Board of Supervisors to maximize responsiveness to demand and productivity. B. The County shall make service available 7 days per week except for county holidays established by the Board of Supervisors. -26- a6Y -3- C. The County shall charge and retain a 50¢ one- way fare to defray operating costs for the next year; in the event this agreement is not renewed for future years, Johnson County will pay all accrued fares to the City of Iowa City. D. The service shall be subject, in all other respects, to operating policies and procedures as may from time to time be established by the Johnson County Board of Supervisors. No policy or procedure substantially at variance with the Proposal shall be established without the approval of the City of Iowa City. S. All management and administration will.be vested with the Johnson County Board of Supervisors and the Board shall see to the payment of all costs incurred as a result of this program. 6. 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. $27,827.22 for the ten month period covered by this contract. Payments shall be made upon receipt of funds from the Iowa Department of Transportation. In addition, the City of Iowa City agrees to provide Johnson County with one vehicle suitable for elderly and _27_ als -4 - handicapped transit services. Title to this vehicle shall be transferred to Johnson County. Acquisition of the aforesaid vehicle by the City of Iowa"City.-shall be accomplished only following approval by Johnson County of specifications for the vehicle to be so provided, which approval shall not be unreasonably withheld. In the event this agreement is not renewed for future years, Johnson County will re -convey title to the vehicle to the City of Iowa City. 7. It is further understood and agreed that the vehicle to be provided by Iowa City will become part of one operating system and that the vehicle so provided and owned by Johnson County will, at the county's discretion, also be utilized for special elderly and handicapped transit services in other parts of Johnson County as part of an integrated and fully coordinated county -wide service. 8. This agreement is renewable for future one year terms provided the City of Iowa City has, at least 90 days prior to the expiration of the current year, provided Johnson County with notice of its desire to renew the agreement and further provided that Johnson County has not, more than 90 days prior to expiration of the current term, notified the City of Iowa City that it does not wish said agreement to be renewed. In the event of renewal, this contract will remain in full -28 � 6 6 -5 - force and effect as to all terms hereof except for the amount of financial consideration to be paid hereunder. The financial consideration for any renewal term shall be subject to negotiation by and between the parties which negotiation must be concluded not less than 90 days before July 1 of each and every year hereafter. 9. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 23rd day of CITY OF IOWA CITY, IOWA August . 1977. JOHNSON COUNTY, IOWA BY: 0a'd�• I I �d��C._ BY : , c. Carol W. deProsse Lorada E. Cile , Chairman Mayor Pro Tem Board of Supervisors Attest: City Clerk�7 Attest: County Auditor =- -29- a67 T• ATTACHMENT B-7 FIRST RENEWAL OF AGREEMENT FOR TRANSIT SERVICES This renewal agreement is entered into by and between Johnson County, Iowa, and the City of Coralville, Iowa, both municipal corporations. Whereas, the parties hereto wish to renew their agreement for transit services which is recorded in Book 501 at page 412 in the Office of the Johnson County Recorder; and Whereas, the parties to this renewal desire to implement a Pro- posal for Iowa City-Coralville Metropolitan Area Specialized and Handicapped Transportation Service, Fiscal Year 1979, prepared by the staff of the Johnson County Regional Planning Commission, which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Coralville, Iowa, as follows: 1. The first renewal term of this agreement shall commence July 1, 1978, and continue for one year through and including June 30, 1979. _ 2. Paragraph 4(A) of the original agreement is amended by deleting the term "67" in line three and substituting therefore the term "74". 3. Paragraph 4(C) of the original agreement is amended by deleting the entire language thereof and subst' ui4' g�hjD Jo nson �'o., Iowa JUN 2 81918 '-30- COUNTY AUDITOR 26,ff CIT BY: - a - following: "C. The County shall request a 50¢ one-way donation to help defray operating costs; in the event this agree- ment is not renewed for future years, Johnson County will pay all accrued donations received during fiscal 1979 to the City of Coralville." 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein pro- vided, the City of Coralville agrees to pay to Johnson County the sum of $4,903.34, less accrued donations as of June 30, 1978, for the one-year period covered by this contract. Pay- ments shall be made upon receipt of funds from the Iowa Depart- ment of Transportation. 5. In all other respects the original agreement 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 Count Recorder of Johnson County, Iowa. Dated this _g2 day of , 1978• Mayor Attest: JOHNSON COUNTY, IOl4A BY: 14-a •L_e- li 2 arold Donnelly, Chairman Board of Supervisors Attest: Ay� 'Z? (`ity Clerk C uditor -31- a�� q/2- AGREEMENT /zAGRIiEMENT FOR TRANSIT SIiRVICIiS TI is :r p,rr.r,nient is c•ntt red into by and between Johnson County, Iowa, and the City of Co I IV I Ie, Iowa, both municipal coo psi t.1 tions. whereas, the City of Cornlville wishes to provide its resi- dents with special elderly and handicapped transit services; and Whereas, Johnson County, pursuant to its general powers, has in operation a special elderly and handicapped transit service for the unincorporated portions of Johnson County, Iowa; and Whereas, Chapter 28E of the Code of Iowa provides, in sub stance, that any power exercisable by a public agency of this l state may be exercised jointly with any other public agency of this state having such power; and r Whereas the parties to this agreement desire to implement a �y1n Proposal for Iowa City-Coralville Urban Area Elderly and handicapped \y VI fransportation Service, dated August, 1977, prepared by the staff of the Johnson County Regional planning Commission, which proposal c is attached hereto as Exhibit "A" and by this reference made a part hereof; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Coralville, Iowa, as follows: 1. The original term of this agreement shall commence September 1, 1977, and continue for ten months throuhh and including June 30, 1978. -32- -z- 2. Johnson County will ndminister the program by extending its special elderly and handicapped transportation service, known and referred to as S.F..A.T.S., into the corporate limits of the City of Coralville. This service shall be available to persons over 60 years of age and accompanying spouses, and to persons with ambulatory, manual, visual, audial or mental impairments which seriously limit their ability to obtain adequate transportation and accompanying spouses. 3. Johnson County agrees that operation of the program will be in full conformity with any and all rules and regulations established by the Iowa Department of Transportation for such elderly and handicapped transit service programs. 4. The parties agree that the following service provisions shall apply: A. The County shall have available the equivalent of one vehicle within the Coralville corporate limits for approximately 67 hours per week; actual hours of operation shall be set by Johnson County through its Board of Supervisors to maximize responsiveness to demand and productivity. B. The County shall make service available 7 days per week except for county holidays established by the Board of Supervisors- ! - 1 -33- 0--77/ -3- C. The County shall charge and retain a SOQ one-wa\ fare to defray operating costs for the next year; in the event this agreement is not renewed for future Years, Johnson County will pay all accrued f;ncs to the City of Coralville. D. The service shall be subject, in all other re- spects, to operating policies and procedures as may from time to time be established by the Johnson County Board of Supervisors. No policy or procedure substantially at variance with the Proposal shall be established without the approval of the City of Coralville. S. All management and administration will be vested with the Johnson County Board of Supervisors and the Board shall see to the payment of all costs incurred as a result of this program. 6. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein provided, the City of Coralville agrees to pay to Johnson County the sum of $3,758.62 for the ten month period covered by this contract. Payments shall be made upon receipt of funds from the Iowa Department of Transportation. -34- '2 -/a M 7. ']'his agreement is renewable for future one year terms providod the City of Coralville has, at least 90 days prior to the expiration of the current year, provided Johnson County with notice of its desire to renew the agreement and further provided that Johnson County has not, more than 90 days prior to expiration of the current term, no- tified the City of Coralville that it does not wish said agreement to be renewed. In the event of renewal, this contract will remain in full force and effect as to all terms hereof except for the amount of financial consider- ation to be paid hereunder. The financial consideration for any renewal term shall be subject to negotiation by and between the parties which negotiation must be concluded not less than 90 days before July 1 of each and every year hereafter. 8. This agreement supersedes the previous agreement for transit services between the parties which was dated June 22, 1977, filed that same date in Book 492, Page 146 in the Office of the Johnson County Recorder, and filed with the Secretary of State as of July 12, 1977. The agreement hereby superseded is herewith terminated and cancelled. 9. This agroemont shall he filed with the Secretary of -35- 02 73 the State of Iowa and the County ReCorder of Johnson County, Iowa. Dated this _13 day of 1977. CI'T'Y ON CORAI,VTI,I,T-,, TOWA BY:-- Tt. 1. Myers Mayor CORPORATE SEAL Attest: JOHNSON COUNTY, 1011A BY: OF l a_. fes, (_� %c•GL I.orada li. (.`ilek, C)iairman Board of Supervisors Attest: �z� s� City Clerk County Auditor >".c EXHIBIT C PROJECT JUSTIFICATION -37- a 7S EXHIBIT C: Project Justification This project will provide many benefits for the Iowa City-Coralville urban area and Johnson County. It is felt that the statutory requirements are fulfilled in that the information herein clearly demonstrates that the equipment proposed is "necessary for the sound, economic, and desirable development" of the area. A. General Comments The equipment requested in this application will help the transit operations significantly in providing an improved public transportation system for the urban area and for Johnson County. The general service objectives for improving the systems, as outlined in the Transit Development Program, are as follows: - To maximize the impact of transit during peak hours. - To serve the transportation needs of the captive rider. - To promote a more even ridership between modes. - To coordinate existing transit service. successful implementation and completion of the short-range transit program objectives will have a direct bearing or influence on the attainment of longer -range transit goals which are to provide: - Access to all parts of the urban area. - Accessibility for all segments of the population. - A balance in transportation modes. Earlier forecasts of ridership in the urban area indicated a 3.6 percent average annual growth rate for the period 1978-82. These were primarily based on the previous 5 -year growth trend and modified in accordance with planned implementation of projects identified in the Transit Develop- ment Program (see Attachments C-1 and C-2). Now, these forecasts appear too conservative and inaccurately reflect the local enthusiasm to use the area transit systems. During 1978, ridership in the urban area increased more than 3 times the forecasted rates (see Attachment C-3). Total ridership for the three systems increased by 13.0 percent as a result of over 500,000 more people riding the bus. Coralville Transit led all systems in percent growth with 23.6. The greatest actual ridership increases occurred on CAMBUS and Iowa City Transit with 240,551 and 213,448, respectively. Based on this growth, rid(-r:;hi1, i•: ,r,n;u•rv,,Iiw-ly projo,dod In i•xry„•(J Iht- 1'M2 I,,,rr•„ttl;S le/ I n l ,. 1,01). -3E- o? %6 EXHIBIT C page 2 B. Specific Comments The following is a detailed justification supporting each major element of the proposed project. 1. Purchase of Seven (7) 45 -passenger Buses (a) Five of the seven buses purchased under this grant will be used to replace old or obsolete equipment. These buses are now primarily used as spares rather than for regular service. The replacement buses are destined for use by the three line -haul systems and will eliminate equipment that is as much as 30 years old. The specific equipment to be replaced is as follows: Iowa City Transit - One 1952 GMC TDH 5103 Coralville Transit - Two 1949 GMC TDH 3612 University of Iowa CAMBUS - Two 1963 GMC TDH 5304 Benefits to the Individual User: The passengers will directly benefit by receiving consistent, good quality service at all times. Since the buses to be replaced are now used as spares, passengers experience a significant decrease in the level of service when they are used. The most noticeable improvements will be in rider comfort and convenience and in aesthetic appearance. More importantly, the reserve buses will provide more reliable and safer service for the ride. For users of the Coralville system, the new buses will provide greater passenger capacity since the vehicles to be replaced are 35 -passenger coaches. Benefits to the Transit Operating Agencies: The replacement of old or obsolete buses will have several positive impacts on the systems' operations. The new buses will permit balanced usage of the fleet. Under existing conditions the spare buses are not used on a regular basis, rather they are used only when absolutely necessary. With the new buses, the spares can be rotated on a regular basis, thereby increasing the life of the total fleet and insuring a constant level of service for the passengers. -39- a77 P:XBIBIT C page 3 The new buses will insure that good quality, reliable spare buses are available at all times. Currently, the buses to be replaced are mechanically unreliable and project a poor public image. Each transit system has worked hard to establish a positive public image by providing modern, efficient service. When the old or obsolete buses are used, an undesirable public image is projected and ridership is discouraged. Finally, the new buses will reduce repair and parts costs. To maintain the old or obsolete buses in the best possible mechanical condition, above normal maintenance costs are incurred. In the case of the obsolete buses, rebuilt or "cannibalized" parts from equally old equipment must be used. Benefits to the Urban Area: As noted in the previous section, various community objectives will be served by the higher level of transit service provided by this new equipment, including the secondary effects of high transit ridership and reduced use of the auto mode. In partic- ular, air pollution will be reduced because the new buses will have "Environmental Improvement Packages" to curtail diesel exhaust emissions. (b) The two remaining buses will be used by Iowa City Transit to improve service. Specifically, they will permit a decrease in headways from 30 to 15 minutes on the Towncrest and East College routes and provide an adequate number of quality spare buses. Benefits to the Individual User: Passengers on the Towncrest and East College routes will receive immediate benefit through an improved level of service. At present, they are experiencing overcrowded conditions during peak hours, and on occasion some passengers must be left behind at bus stops due to a lack of space. These conditions have re - suited in an unacceptable level of service, which discourages additional ridership during peak hours and creates a disincentive for persons recently converted to the mass transit mode. -40- 02 767 EXHIBIT C page 4 Iowa City Transit has taken positive actions to augment peak -hour service to this area of the city by establishing the East Side Shuttle. While ridership on the shuttle has been very good, "standing room only" crowds still prevail on the regular routes. These buses will also provide Iowa City Transit with an adequate number of good quality spares. This will insure that passengers will not experience any unnecessary discomfort or decline in the level of service due to mechanical failure or routine main- tenance of another bus. Benefits to the Transit Operating Agency: Iowa City Transit will realize several direct benefits from the additional buses. First, the severe overcrowding on the Town - crest and East College routes during peak -hours will be alleviated. This will allow buses to adhere more closely to their schedules, which reduces waiting and enhances bus transfer by passengers. The buses will also incur less "wear and tear" as a result of excessive passenger loads. Operational safety will be increased, as overcrowding can interfere with the dirver's physical operation of the bus. Secondly, the need for an adequate number of good quality spare buses will be met. Present transit operations require the use of 15 buses during peak hours, with 3 spares. Two of the spares are in good condition, but the third is a 1952 vintage GMC, which is only pressed into service as a last resort. In order to main- tain a consistent level of service, a transit system of this size operating in severe winter weather conditions must retain a slightly higher than average number of spare buses. Finally, the entire system will accrue spin-off benefits from increased service on the Towncrest and East College routes. As access to the geographic area served by these routes is improved through increased mobility, the area will be more -41- o7 7 EXHIBIT C page 5 attractive, and ridership will increase. This increase will have a rippling affect that results in increased ridership on connecting transit routes. Benefits to the Urban Area: Because of the improved level of service to the areas directly served by the two additional buses, various community objectives are also served. It is a documented goal of the agencies within the metropolitan area to develop a truly multi -modal, balanced transportation system. Specifically, an improved transit system and increased ridership will continue to foster sound development patterns, such as a concentration of employment, shopping and educational functions in the central part of the urban area. Secondly, the project will result in reduced auto travel and its secondary benefits of reduced energy consumption, less air pollution, and a reduced demand for more street and auto parking facilities. 2. Purchase of Two (2) 14 -passenger Vans and Purchase of Two (2) 12 to 17 -passenger Buses The four vehicles purchased through this grant will be used to continue and improve demand -responsive service for the elderly and handicapped in the Iowa City-Coralville urban area and in Johnson County. (a) The two vans are replacement vehicles for the Johnson County SEATS program. The vehicles to be replaced are as follows: - One 1973 Dodge van with 80,000 miles - One 1974 Dodge van with 110,000 miles Benefits to the Individual User: The present condition of old equipment results in a significantly lower -than -optimum service level by the operator. In terms of reliability and safety the present equipment restricts the level of service which can be provided. -42- EXHIBIT C page 6 Benefits to the Transit operating Agency: The new equipment will have a system -wide beneficial impact due to the fact that the more reliable and, therefore, less expen- sive, service can be expected from the new vans. The present high cost of maintenance and repair will be significantly reduced. Since these vehicles have (or will soon) exceeded their expected service life, major repairs are required to maintain the vehicles at a relatively safe, efficient service level. Additionally, a lower ratio of stand-by equipment will be needed, thus reducing the capital and operational costs related to such stand-by equipment. Benefits to the Urban Area: Because of the improved level of service to the elderly and handicapped in the urban area and Johnson County, the pre- viously identified goals and objectives are served. Specifi- cally, efforts "to serve the transportation needs of the captive rider." (b) The purchase of the two 12 to 17 -passenger lift -equipped buses is an expansion of service. one bus will be used by Johnson County SEATS program to provide for the specific needs of the handicapped throughout the county. The other will be used by University of Iowa CAMBUS with emphasis on serving the handicapped (students, staff and faculty) associated with the University. The existing bus currently operated by CAMBUS will be used as a spare. Hence, the CAMBUS bus is not a true expansion of service. Benefits to the Individual User: The purchase of these buses will insure that the specialized transportation needs of the handicapped are adequately served. Without the addition of the CAMBUS vehicle, the level of service to the University community will decline in quality as the existing bus ages. The SEATS vehicle will be used for service expansion, especially in the urban area. Since SEATS is now -43- asi EXHIBIT C page 7 contracting with Iowa City and Coralville to provide demand - responsive service, which has increased greatly in the last two years. Benefits to the Transit Operating Agencies: In the case of both Johnson County SEATS and University of Iowa CAMBUS, the purchase of the vehicles will provide for increased reliability of service and an adequate number of spare vehicles in the case of a mechanical failure. Benefits to the Urban Area: Because of the improved level of service to the elderly and handicapped in the urban area and Johnson County, the pre- viously identified goals and objectives are served. Speci- fically, efforts "to serve the transportation needs of the captive rider". a ga ATTACHMENT C-1 AVERAGE ANNUAL GROWTH RATES IOWA CITY METROPOLITAN AREA TRANSIT SYSTEMS (IOWA CITY TRANSIT, CORALVILLE TRANSIT, CAMBUS) Transit System Existing Average Annual Growth Rate (1972-1977) Projected Avetage Annual Growth Rate (1978-1982) Iowa City Transit 2.2% 3.10 1 Coralville Transit 17.8% 9.2% Cambus 3.8% 2 3.2% TOTAL 3.8% 3.6% (All systems) lIncludes the amount of ridership from the evening and expended peak period service initiated November -December, 1977. 2This growth rate for cambus considers an adjustment of the ridership data for 1972 to account for the less than full year's operation W ATTACHMENT C-2 ACTUAL AND PROJECTED TRANSIT RIDERSHIP RIDERSHIP IMiilionsl [Iowa City Transit Coralville Transit, Cambus) s.0 4.0 3.0 R.0 I.0 1977 1973 1974 1977 1976 1977 1978 FIGURE 1 YEARS —46- 1979 1980 1981 1987 Actual Ridership ----- Projected Ridership G �0 Total (4,660,000) 3,961,666 i i (7,600,00_0) - Cambu --� (7,774,447 7,377,749) Iowa C ty Transit /(1,359,,233) (1,766,613) Coralvi le Transit 6) 1743_66_ ----- ---- ---- —(3lO-000 196,397) 1977 1973 1974 1977 1976 1977 1978 FIGURE 1 YEARS —46- 1979 1980 1981 1987 Actual Ridership ----- Projected Ridership G �0 ATTACH: -!ENT C-3 RIDERSHIP DATA: (1972-1978) IOWA CITY METROPOLITAN AREA TRANSIT SYSTEMS (LI:;E-HAUL SERVICE) YEAR IOWA CITY # TRANSIT % Change CORALVILLE - TRANSIT Change CA!•iBUS Change TOTAL f e Change 19-= 1,268,813 96,397 37.3 1,359,233 2,724,443 1973 1,303,824 2.8 135,633 40.7 2,259,234 66.2 3,698,691 35.8 1974 1,413,210 8.4 179,434 32.3 2,387,519 5.7 3,960,1663 7.6 1975 1,435,239 1.6 192,937 7.5 2,404,857 0.7 4,033,033 1.3 1976 1,411,197 (1.7) 203,345 5.4 2,070,725 (13.9) 3,685,267 (8.6) 1977 1,415,653 0.3 243,866 19.9 2,322,349 12.2 3,981,868 8.0 1978 1,629,101 15.1 307,483 26.1 2,562,900a 10.4 4,499,484 13.0 a Projected based on ridership for 10 months of year. EXHIBIT D PROJECT FINANCING EXHIBIT D: Project Financing 1. Proceeds of Sale of Equipment to be Replaced - $12,500. The following equipment will be sold at auction to the highdst bidder. Iowa City intends to sell one 1952. 51 -passenger bus, the University of Iowa intends to sell two 1963 53 -passenger air conditioned buses and Johnson County intends to sell a 1973 11 -passenger van and a 1974 15 -pas- senger van. The estimated value for this equipment is as follows: Iowa City One 1952 Bus @ $1,000 $ 1,000 University of Iowa Two 1963 Buses @ $5,000 each 10,000 Johnson County Two Vans @ $ 750 each 1,500 TOTAL $12,500 The two buses Coralville intends to replace are considered to have a value of less than $100 per vehicle. These vehicles were purchased several years ago for about $250 each and the remaining value is considered to be much less at this time. These vehicles will be scrapped. 2. Financing from Transportation System Revenues - $00.00 No portion of the Gross Project Cost can be financed from revenues of the transit systems. All four components of tho areawide transit sci:viccs have operated at substantial deficits during recent years. As noted in Attachment D-1, there has consistently been a substantial subsidy of oper- ating costs for the Iowa City, Coralville and Johnson County systems. Further, the University of Iowa Cambus operates at no fare, thus a 100% subsidy. Clear- ly under these circumstances, the transit systems cannot be expected to pro- duce any net revenues which could be applied to reduce principal and interest costs of a capital improvement project. Sections II and V of the Areawide Transit Development Program and the Fiscal 1977 Update of the original TDP provide greater detail on past transit expenditures, the sources of the local subsidy, and the projected local sources of funds for the next five years. As indicated in these references, local transit costs, though substantial, do not represent a sizable protion of the total operating budgets of the three agencies operatincq these transit s:ysitems. Therefore, the funding of the necessary subsidy is a policy decision based on priorities of the agencies, each of which have firmly indicated an intention to maintain transit services in the metropolitan area. No special fixed tax -49- a�� EXHIBIT D (cont'd) Page 2. levy is depended upon to finance these transit services. 3. Private Financing - $00.00 Due to the fact, as noted above, that transit revenues do not cover operational costs, there exists no feasible means to secure private finan- cing for capital expenditures. -50- c288 ATTACHMENT D-1 OPERATIONAL FINANCIAL STATUS REPORT F.Y. 1975-78 SYSTEM FY'75 FY'76 FY'77 FY'78 TOTAL Revenues $212,105 $ 212,576 $ 317,758 $340,661 $1,083,120 i Iowa City, Expenditures $427,190 $ 529,311 $ 692,770 $784,157 $2,433,428 Deficit $215,085 $ 316,735 $ 375,012 $443,476 $1,350,308 Revenues $ 60,500 $ 58,810 $ 56,905 $ 74,029 $ 250,244 Coralville Expenditures $141,225 $ 124,365 $ 154,021 $232,918 S 652,529 Deficit $ 80,725 $ 65,555 $ 97,116 $158,889 S 402,285 University Revenues $ -0- $ -0- $ -0- $ -0- $ -0- of Expenditures $343,800 $ 393,386 $ 402,560 $446,010 S1,585,756 Iowa Deficit $343,800 $ 393,386 $ 402,560 $446,010 $1,585,756 Revenues N/A $ 993a $ 3,131 $ 7,650 $ 11,774 Johnson Expenditures N/A $ 11,800a $ 27,288 $ 77,153 $ 116,241 County Deficit N/A $ 10,807a $ 24,157 $ 69,503 $ 104,467 Revenues $272,605 $ 272,379 $ 377,794 $422,360 $1,345,138 TOTAL Expenditures $912,215 $1,058,862 $1,276,639 $1,540,238 $4,787,954 Deficit $639,610 $ 786,483 $ 898,845 $1,117,878 $3,442,816 Note: a Data for period December 15, 1975 through June 30, 1976. EXHIBIT E NOT APPLICAABLE TO GRANT APPLICATIRN EXHIBIT E: Net Project Cost and Grant Funds This Exhibit will be omitted completely. All information which formerly was included in this Exhibit will be put into the Budget Information Section found in Part III of this Application. -53- all EXHIBIT F PLANNING -54- EXHIBIT F: Planning A. Comprehensive Planninq 1. Planning Process The Johnson County Regional Planning Commission (JCRPC has been engaged in comprehensive planning for many years. The Commission has completed a "Land Use Plan: For the Metropolitan Portion of Johnson County." This plan addresses land use, water resources, and parks and open space in municipalities comprising the urban area. This was adopted in 1974. A companion report for rural Johnson County has been developed and was adopted by the Commission in 1978. The Johnson County Board of Supervisors also adopted the plan in January, 1979. Within the urban area, the City of Iowa City adopted a comprehensive plan in May,1978. This plan is capatable with the efforts of the Johnson County Regional Planning Commission. 2. Status of Planning The urban and rural development plans provide the quantitative dis- tributions of socio-economic and land use activities and the policy for transportation planning purposes. 3. Urban Area Coverage The Johnson County Regional Planning Commission provides specific comprehensive planning for the urban area. It is also a member of the East Central Iowa Council of Governments (ECICOG) which conducts regional planning for a six county area. ECICOG is certified for comprehensive planning as an Areawide Planning Organization by the U.S. Department of Housing and Urban Development. 4. Planning Agency The official planning agency designated as the A-95 Review, Regional Clearinghouse is the East Central Iowa Council of Governments, 332 East Washington, Iowa City, IA 52240, phone (319) 354-2328. Through an agreement between ECICOG and JCRPC, the review process for projects affecting Johnson County is performed by JCPRC. 5. Representation Attachment F-1 provides a copy of the Johnson County Regional Planning Commission's Articles of Agreement pertaining to membership and represen- tation. Attachment F-2 provides a listing of the JCRPC representatives. -55- C2 73 EXHIBIT F (cont'd) Page 2. B. Transportation Planning 1. Planning Process The Transportation Committee of the Johnson County Regional Planning Commission is the organization through which transportation planning is conducted in Johnson County. The committee operates with the consent of the commission. Transportation planning in Johnson County is a compre- hensive process which is concerned with all modes of travel. The process is based on an evaluation of development goals and the analysis of per- tinent travel demands and on quantitative distributions of land use travel demands and the trip -making characteristics of the county. 2. Status of Planni The Johnson County Regional Planning Commission is currently in the process of developing a 1995 transportation plan. A consultants recom- mended plan has been prepared and is currently being reviewed and revised. In December 1974, a "Transit Development Program: For the Iowa City- Coralville Urban Area" was prepared. It established the initial 5 year program for the urban area. The TDP was updated in 1976. The second major update of the TDP is currently in progress and is expected to be complete by April, 1979. 3. Urban Area Coverage The Area Transportation Study, when approved, will cover the area ex- pected to be urbanized by 1995. As for specific transit planning, the TDP update that is now in progress will address the short-range (5 year) transportation needs of the line -haul systems, as well as the demand - responsive system operating thorughout Johnson County. 4. Representation of Local Governments Each unit of government in the urban area and Johnson County is repre- sented (see Attachment F-3) on the Transportation Committee. S. Participation of Transportation Agencies and Companies Iowa City Transit, Coralville Transit, Cambus, Johnson County SEATS, Iowa City Public Works Department, Johnson County Secondary Road MMIS EXHIBIT F (cont'd) Page 3. Department, and Iowa Department of Transportation are represented on the Transportation Committee. 6. State Clearinghouse Mr. Tom Wallace Office of Planning & Programming State Clearinghouse 523 East 12th Street Des Moines, IA 50309 -57- C29� ATTACHMENT F-1 ARTICLES OF AGREEMENT of the Regional Planning Commission Johnson County, Iowa ARTICLE I Name The name of this organization shall be the Johnson County Regional Planning Commission, hereinafter referred to as the Commission. ARTICLE II Region Section 1: The primary region for which the Commission shall be created and maintained is that included in the boundary of Johnson County. i Section 2: Governmental units in adjoining counties may also participate as members of this Commission. ARTICLE III Object The object of this Commission shall be to: Section 1: Assist the participating members in studies and planning for or within the region. Section 2: Make recommendations to public agencies. Section 3: Coordinate the planning of various governmental units to the end that unified, coordinated planning for the region is achieved. Section 4: Promote and disseminate information on planning so that the citizens of the region become familiar with E the benefits of continuing planning on a regional basis. Articles of Agrc !nt 2 Section 1 ARTICLE IV Powers The Commission shall have all the powers and duties now and hereafter provided by Chapter 473A of the Code of Iowa and other applicable laws. Section 2: Nothing in this agreement shall be construed to remove or limit the powers of the cooperating governmental units. Section 3: The Commission, acting through the votes of its representatives at its meetings, is solely responsible for official actions of the Commission. No member agency, Commission representative, committee of the Commission, or staff member can act in the name of the Commission without duly delegated authority. Section 4: The Commission shall adopt bylaws for the transaction of its business. ARTICLE V Member Agencies Section 1: Member agencies in the Commission shall include, subject to the conditions set forth herein, governmental units and any additional public or private agencies within the region as the Commission may deem advisable. Section 2: Membership of the agency in the Commission shall be contingent upon the acceptance of the ARTICLES OF AGREEMENT by the governing body of the county, city, or agency seeking membership,acceptance by the Commission, and financial participation in the expenses of the Commission. -59- Articles of Agreement 3 ARTICLE VI Representatives to the Commission Section 1: Each member agency shall have at least one voting representative on the Commission. For each member city or county, there shall be one representative for the first 3,000 persons or fraction thereof, one representative for the next 3,000 persons or fraction thereof, one representative for each additional 6,000 persons or fraction thereof. For cities, representation shall be based on the number of persons residing within their incorporated areas. For the county, representation shall be based on the number of persons residing outside the metropolitan area of Iowa City, Coralville, and University Heights. In establishing representation, the latest census conducted by the Census Bureau shall be used to determine the number of residents. In no case shall any one member agency be represented by fifty percent or more of the representatives to the Commission. Any agency other than cities and the county shall have only one ver_ing representative. In addition to the above, there shall be one representative from the Citizens Advisory Committee. Section 2: Representatives shall be appointed by the governing body of each member agency, and one representative by the Citizens Advisory Committee. Section 3: At least two-thirds of the representatives to the Commission shall be composed of, or responsible to, the elected officials of member agencies. The determination of responsibility to elected officials shall be the prerogative of the member agency. .297 Articles of Agreement Section 4: Each member government shall be officially represented by at least one duly elected official, or person 4 directly responsible to an 'elected official. Member governments with more than one representative shall have no more than three-' � fourths elected officials, or those directly responsible to them, with the remaining being citizen representatives. Section 5: All appointments shall be for a term of three years. If a vacancy should occur on the Commission due to resigna- tion or loss of qualifications, such vacancy shall be filled for the unexpired term by the member agency which appointed such representative in the first instance. A representative shall continue to serve until he or she has been reappointed or a successor has been designated and qualified. Section 6: Each member agency, and the Citizens Advisory Committee may appoint one alternate voting representative per voting representative. For those member agencies with only one representa- tive, whenever both the representative and the alternate are present they shall have one-half vote each. The alternate shall have full voting rights at Commission meetings whenever a member agency's regular representative is absent. The alternate voting representa- tives of a member agency shall be appointed, so as not to distort the balance between citizen and elected officials provided in Article VI, Section 4. ARTICLE VII Amendment of Articles of Agreement The Commission or the member agencies may initiate amendments to the ARTICLES OF AGREEMENT subject to resolution and unanimous agreement of the member agencies. -61- a 9Z Articles of Agreement ARTICLE VIII Adoption of Articles of Agreement The ARTICLES OF AGREEMENT contained herein shall take effect as soon as they have been approved by the Commission and attested and approved by all member agencies. APPROVED: Johnson County Regional Planning Commission The 18th day of September, 1975 Chairperson APPROVED AND ATTESTED: By Member Agency The day of 1975 Mayor City Clerk RP -62- 5 Chairperson, Board of Supervisors County Auditor 1299 ATTACHMENT F-2 JOHNSON COUNTY REGIONAL PLANNING COMMISSION RRPHNSHNTATIVES January 1979 MEMBER AGENCY AND ADDRESS AND REPRESENTATIVES TELEPHONE IOWA CITY David Perret 1015 Oakcrest, Apt. 2-1 338-2515 (h) Carol deProsse 1113 E. College 337-7835 (h) Mary Neuhauser 914 Highwood 338-6070 (h) Letha Lovelace 1829 Kathlin Drive 351-0782 (h) Glen Johnson 1532 Plum Street 337-4754 (h) Dorothy Douglass 1030 Burlington 338-1948 (h) 351-7590 (o) James Harris 219 Ronalds Street 338-1459 (h) Glen Roberts 21 Ashwood Drive 338-2326 (h) Isabel Turner 1310 Cedar 337-4414 (h) Alternates Clemens Erdahl 1218 E. College 338-9303 (h) John Balmer 305 Ferson 338-9893 (h) -63- -2- ATTACIIMP'NT F-2 (cont'd) MEMBRR A(;ENCY AND ADDRESS AND REPRESENTATIVES TELEPHONE J0H14SON COUNTY John Dane Joseph Marak J. Patrick White Don Sehr Charles Duffy Alternates Orrin Gode Carolyn Peters CORALVILLE James Cole Lee Strottman William Stewart Alternates James Pausett Martha Corwin CITIZENS' ADVISORY COMMITTEE Herbert Jordan R.R. #3 (I.C.) 354-3630 or 354-2282 R.R. #1 Swisher, IA. 857-4330 (h) 204 N. Mt. Vernon Dr. 338-1024 (h); 338-7968 (o) R. R. #3, (I.C.) 683-2322 (h) 338-2321 (o) R.R. #3, Solon 351-8854 918 Estron 351-5245 (h) 808 9th Ave, Coralville 354-4693 (h) 1012 Sixteenth Ave., Coralville 351-6392 900 19th Ave., Coralville 351-7459 (h) 814 14th Ave., Coralville 351-6338 (h) R. R. #2, Iowa City 351-8155 (h) -3 - ATTACHMENT F-2 (cont'd) MEMBER AGENCY AND ADDRRSS AND REPRESENTATIVE TELE PHONE: UNIVERSITY OF IOWA Richard Gibson 416 North Hall (11 of I) 353-5431 (o) Alternate Ray Mossman U of I. 353-3853 UNIVERSITY HEIGHTS James Stehbens 901 Melrose 356-2835 (o) Alternate F.D. Staab 100 Koser 337-3140 (h) NORTH LIBERTY Dave Roberts 130 N. Stewart St. 626-2949 (h) SHUEYVILLE Jerry Cisar R.R. #2, Cedar Rapids 848-4383 (h) SOLON Harry Kral Solon, Iowa 644-2318 (h) Alternate Robert Jedlicka 430 S. Dubuque, Solon 644-2220 OXFORD Donald Saxton Oxford, Iowa -65- 3 �� -4 - ATTACHMENT F-2 (cont'd) MEMBER AGENCY AND ADDRESS AND REPRESENTATIVE TELEPHONE HILLS Larry Culver GWTSHRR Hills, Iowa 679-2626 (h) Ronald Saddoris Swisher, Iowa 857-3253 (h) 364-0227 (o) TIFFIN Richard Sheridan 310 Main St., Tiffin 645-2273 (h) S: -:E .3�3 I rn J a REPRESENTING NAME AND ADDRESS Coralville Harry Ehmsen Iowa City, IA 713 Holiday Rd. John O'Mara Iowa City, IA Johnson Co. Lorada Cilek Iowa City, IA Bd. of Superv. Dorothy Douglass Courthouse 1030 E. Burlington Iowa City, IA Johnson Co. Donald Sehr Ian MacGillivray Bd. of Superv. Planning & Resrch Courthouse Division, IDOT Iowa City, IA Iowa City John Balmer Ames, IA 305 Ferson Stan Good Iowa City, IA Iowa City David Perret Iowa City, IA 1015 Oakcrest James Harris Iowa City, IA U of I Michael Finnegan Business Office 114 Jessup U. of I. Iowa City, IA ATTACHMENT F-3 TRANSPORTATION COMMITTEE PHONE REPRESENTING 351-3721 CAC 338-2321 CAC 338-2321 JCRPC 354-1800 IDOT 351-5350 Univ. Heights 353-4162 JCRPC NAME AND ADDRESS PHONE Carl Orgren 338-3058 5 Melrose Place Iowa City, IA John O'Mara 351-9035 R. R. 2 Iowa City, IA Dorothy Douglass 338-1948 1030 E. Burlington Iowa City, IA Ian MacGillivray (515) 296-1660 Planning & Resrch Division, IDOT 806 Lincoln Way Ames, IA Stan Good 353-4792 1247 Melrose Ave. Iowa City, IA James Harris 353-5001 219 Ronalds St. Iowa City, IA ATTACHMENT F-3 (cont'd) TRANSPORTATION COMMITTEE RESOURCE MEMBERS NAME AND ADDRESS PHONE NAME AND ADDRESS PHONE Richard Ness (515) Hugh Mose 351-6336 Office of Advance Planning 296-1137 Iowa City Transit IDOT Civic Center 800 Lincoln Way Iowa City, IA. Ames, IA. Carol Casey 353-6565 Jim Brachtel 354-1800 114A Jessup Hall Iowa City Transit U of I Civic Center Iowa City, IA. Iowa City, IA. m Richard Gibson 353-5431 Donald Schaefer 351-6078 � i 416 North Hall SEATS U of I 538 S. Gilbert Iowa City, IA Iowa Citv, IA. Glen Boutelle 353-7070 Dennis Kraft 354-1800 400 North Hall Community Development U of I Civic Center Iowa City, IA Iowa Citv, IA. Orrin Gode 351-2700 Lee Banfield, IDOT 364-0235 Secondary Rd. Dept. 430 16th Ave., S.W. Melrose Ave. Cedar Rapids, IA. Iowa City, IA Roger Boldt 354-2528 Peter Albrecht 351-7711 East Central Iowa COG Transit Department 332 E. Washington P.O. Box 5127 Iowa City, IA Coralville, IA. EXHIBIT G PUBLIC TRANSPORTATION PROGRAM -69- 3�� EXHIBIT G: Public Transportation Program A. Transit Development Program An initial Transit Development Program for the Iowa City-Coralville Urban Area was adopted in December, 1974 covering the period F.Y. 1976-80. An update of this TDP, completed in April, 1976, reevaluated the 5 -year improvement program for the three fixed -route carriers and extended the program to 1981. The short-range improvement program for Johnson County SEATS was adopted as part of the "Regional Transit Development Program - 1978" for Iowa's Region X. Copies of these documents are being submitted with the orig- inal of this application. Maintaining existing levels of service by area transit providers has continued to be a high priority of the area transportation goals and objectives. Failure to maintain existing service could endanger the substantial ridership gains of recent years. Service improvements have been implemented as sufficient resources became available. In the TDP Update cur- rently being prepared, as well as the two prior TDP documents, maintenance of the existing level of service was taken as the minimum from which to build fur- ther capital and operating improvements. (Refer to Section III, pages 4-5 of the initial TDP and pages 59-60 of the 1977 TDP Update.) Since the 1977 TDP Update was completed, improvements have been made in levels of service and in administrative and operating policies. The follow- ing identifies the most significant changes by system: Iowa City Transit -Establishment of a new route serving the Wardway Shopping Center and Goodwill Industries. -Peak-hour express service to the west side of Iowa City provided by the Hawkeye Express and Westside Special and to the east side via the East Side Shuttle and Lakeside Express. -Expansion of service until 10:00 p.m. -frvoitioinn of a monthiy pass for riders. -A No -fare program for elderly and handicapped during off-peak hours. -The Bus & Shop program which provides one free ride with a $5.00 or more purchase from any participating merchant. Coralville Transit -Establishment of express service to the Lantern Park and Holiday Garden Apartments and the Western Hills Mobile Home Park. -70- 30-7 EXHIBIT G (cont'd) Page 2. -Extension of service hours on the First Avenue route. -Institution of a monthly pass for riders. -A No -fare program for the elderly and handicapped during off-peak hours. -The Bus & Shop program which provides one free ride with a $5.00 or more Purchase from any participating merchant. University of Iowa Cambus -Establishment of a direct shuttle service between the Pentacrest (CBD area) and the University Hospital. -Establishment of a shuttle bus service to the Oakdale Campus and the Eastside Loop route. -Extend service to the Oakdale Campus to 10:00 p.m. ,Johnson County SEATS -Execution of contracts by Iowa City, Coralville and University Heights city councils for SEATS to provide specialized transportation for the elderly and handicapped in the Iowa City-Coralville urban area. -Provide specialized transportation to Goodwill Industries. B. Plan for Updating the Transit Development Program A procedure for updating the TDP has been specified, and consists of the following steps: 1. Documentation of changes in local transit service since the previous update: this includes both changes in operation (e.g., ridership, cover- age, scheduling, etc.) and equipment (e.g., fleet and maintenance additions). 2. A review of each transit systems' financial status: the budgeted ex- penditures, revenues, and subsidies will be analyzed. This will include an assessment of each systems operating performance. 3. A review of the local transit objectives and priorities: this re{uires reevaluation of previous priorities and any additions or deletions deemed relevant. The results are a listing of improvements and their subsequent ranking. d. Development of alternative program levels of improvement implementation: various improvement schedules based on the ordered priorities should be developed, each assuming a different level of funding. C EXHIBIT G (cont'd) Page 3. 5. Review of various sources of transit funding: this will include funding means at all levels of government; both existing and potential sources which are not yet utilized. 6. Recommending the direction for transit improvements to take over the next five years: the option exists for the recommendation to be either a specific alternative or a more general priority order to be im- plemented as future constraints (e.g., budget) allow. 7. Presentation and adoption of the recommendations by the local imple- menting agencies. A flow chart showing the TDP review and updating process is provided in Attachment G-1. In addition, a Memorandum of Understanding concerning trans- protation planning for the Iowa City-Coralville urban area has been adopted by the Johnson County Regional Planning Commission and the City of Iowa City, the City of Coralville and the University of Iowa. A copy of the memorandum is provided in Attachment G-2. ' -72- 3�9 ATTACHMENT G-1 ANNUAL TRANSPORTATION DEVELOPMENT PROGRAM REVIEW PROCESS DEVELOPMENT REVIEW AND ADOPTION IMPLEMENTATION LOCAL TRANSIT OPERATORS UNIVERSITY AND GOVERNMENT OF IOWA ADMINISTRATIVE STAFF MEMBERS Administration CA��LS SYSTES' JOHNSON COUNTY REGIONAL PRELIMINARY IOWA CITY JOHNSON IOWA CITY PLANNING COMMISSION UPDATE COUNTY FINAL TRANSIT STAFF PROGRAM City REGIONAL UPDATE SYSTEM Council PLANNING COMMISSION CME TRANSIT CORALVILLE TRANSPORTATION SYSTEM City JOHNSON JOHNSON COUNTY COUNTY SYSTEM County Board O. ALtachment G-2 14BMORANDUM 01' UNDERSTANDING CONCERNING TRANSPORTATION PLANNING FOR THE JOHNSON COUNTY URBAN AREA The Johnson County Regional Planning Commission herein referred to as the "Commission," and the City of Iowa City, the City of Coralville, and the University of Iowa, do hereby enter into the following Memorandum of Understanding. WHEREAS, the Urban Mass Transportation Administration has stated that the roles and responsibilities for transportation planning of the City of Iowa City, the City of Coralville, and the University of Iowa should be defined in an agreement with the Commission; and, WHEREAS, the federal Urban Mass Transportation Assistance Act of 1974 requires that eligible projects must meet criteria for a unified or officially coordinated urban transportation system as part of a comprehensively planned development of the urban area; and, WHEREAS, the Commission is responsible for conducting and coordinating areawide planning in the Iowa City metropolitan area and throughout Johnson County; and, WHEREAS, the Commission has administered mass transit planning projects for the Johnson County region in thepast and has administered the Short -Range Transit Technical Study in 1971 and a second technicalstudy in 1974, both with financial assistance from the Urban Mass Transportation Administration; and WHEREAS, the Commission has established a Policy Committee, a Technical Committee, a Citizens' Advisory Committee, and a Transit Advisory Committee to assist in the preparation of the Area Transportation Study and coordinate transportation plans and programs in the metropolitan area; and, WHEREAS, the Commission's transportation committees include representation of the transit agencies, and their transit directors, specifically including the Iowa City Transit System, the Coralville Transit Authority, and the University of Iowa's CAMBUS system; and, WHEREAS, the continuing, comprehensive, and cooperative transporta- tion planning process of the Johnson County Regional Planning Commission is guided by a Unified Work Program describing the multi -modal Area Transportation Study and its relationship to other planning functions of the Commission; and, WHEREAS, the Commission and the City of Iowa City, and the City of Coralville and the University of Iowa wish to assure continuity in -the comprehensive and coordinated planning process for the urban area; NOW, Till: RE FORE:, BE IT RESOLVED: 1. That the Commission and the City of Iowa City and the City of Coralville and the University of Iowa do hereby approve and enter into this Memorandum of Understanding relating to the planning, programming, and implementing of urban transportation programs for the metropolitan area. 2. That the Commission will continue to be responsible for areawide planning and coordination and as such will provide the forum through which transportation planning and transportation coordination within the Johnson County area will be administered; (Coni) -74 311 3. The Commission will proceed in accordance with the provisions of the continuing transportation planning process as outlined by federal statutes and regulations; 4. The Commission will continue to be,responsible for preparation, surveillance and reevaluation of a balanced transportation plan which will include a short-range transit development program and a long-range transit plan; S. The City of Iowa City and the City of Coralville and the University of Iowa will maintain surveillance of their transit operations and will periodically supply the Commission with data regarding ridership, revenue, operational arrangements, and other pertinent data as needed for transportation planning; 6. Requests for financial assistance from the Urban Mass Transportation Administration will be coordinated by the Commission and Commission staff assistance will be provided for their preparation. IN WITNESS WHEREOF, the parties have executed -this AGREEMENT as follows: Adopted by the City Council of the City of Iowa City at its meeting of February 25, 9975 SIGNED Edgat`i"Cza ecki, Mayor Date Adopted by the City Council of the City of Coralville at its meeting of February 25, 1975 SIGNEDu Robert Rogers, Mayor `Date Approved by the University of Iowa X SIGNED r/J fir? J Elwin C. J lliffe, Date Vic PrCsident for Business & Finance Adopted by the Johnson County Regional Planning Commission at its meeting of Febr ry 26, 1975 SIGNED a i.c e P P�C-4�� Carol deProsse, Chairwoman Date —75- 3/-2- EXHIBIT H USE OF PROJECT FACILITIES -76- 312 EXHIBIT H: Use of Project Facilities The City of Iowa City, as applicant, will sell a portion of the capital equipment purchased under this projoct to the other cooperating agencies that form Lhe areawide Lransit syst.om. The City of Iowa City will retain three 45 -passenger air-conditioned buses; agencies as follows: U of I City of Coralville The rest will be sold to the participating Two 45 -passenger buses one 12 -passenger bus, with lift equipment Two 45 -passenger buses Johnson County Two 14 -passenger vans One 17 -passenger bus, with lift equipment Agreements between the City of Iowa City and the other three participating agencies will be negotiated and executed. Copies of the agreements are pro- vided in Attachments H-1, H-2, and H-3. The agreements provide for the agencies purchasing the equipment to contribute the local share of the capital costs, to reimburse the City of Iowa City for administration expenses and to comply with the assurances of continued use of the equipment for specified public transit services in the service area. It is understood that the grant agreement will contain provisions to assure Lhe continuation of such use durinq the useful life of the project facilities and Lhat, in the event such facilities are sold or otherwise devoted to another use during their useful life, the City will be required to refund a proportionate share of the Federal grant based on the sale proceeds of the market value of the facilities. -77- 3 1 ATTACHMENT II -1 AGREEMENT TO SELL TRANSIT EQUIPMENT THIS AGREEMENT IS MADE THIS day of , 191 by and between the City of Iowa City, Iowa, hereinafter also called SELLER, and Johnson County, Iowa, hereinafter also called BUYER. WHEREAS, the City of Iowa City, Iowa as lead agency has filed a capital grant application with the Urban Mass Transportation Administration, Department of Transportation, for capital assistance in purchasing seven (7) forty-five passenger buses, two (2) twelve to seventeen passenger, lift equipped buses and two (2) fourteen passenger vans for the purpose of their use in a coor- dinated bus system in the Iowa City area; and WHEREAS, Johnson County desires to buy one (1) twelve passenger bus with lift equipment and two (2) fourteen passenger vans to be used in the aforemen- tioned coordinated bus system; NOW THEREFORE, for and in consideration for the mutual convenants and agreements contained herein, and the performance thereof, the SELLER hereby sells and delivers to the BUYER the property herein described on the following terms, covenants, conditions and restrictions. 1. SELLER agrees to sell to BUYER one (1) twelve passenger bus, with lift equipment and two (2) fourteen passenger vans. 2. As consideration for said transit equipment, BUYER agrees to the following terms and conditions: a. BUYER shall sell or salvage the transit vehicles presently owned by BUYER. MAKE YEAR MODEL # Dodge 1973 B20-4 Dodge 1974 B30-3 b. BUYER shall pay to SELLER an amount equal to twenty -percent (208) of the difference between the actual purchase price of the new transit equipment and the proceeds received by BUYER from the sale or salvage of the transit equipment being replaced in addition to the proceeds received by BUYER from the sale or sal- vage of the transit equipment being replaced. C. The BUYER shall pay to the SELLER an amount equal to two percent (28) of the actual purchase price of the new transit equipment to defray the cost of grant adminsitration. If the cost for grant administration is determined by UMTA to be an eliqible grant expense, 1110 RIIYI k wt I I Ineiload pay to the. SELLER an amount: r.rival to four- 1,vllhn of "11" Iu,Ir,n11 (0.44..) of filo ar:lual purrhasr, prlr:,: of the waw I ralyd I oyullrmenl . d. The total amount of money herein sLat:ed i c; Lo Lr l,rrf,n i rl 1', 1 ho SELLER within fifteen (15) days prior to the da Le required for payment by the SELLER for all equipment purchased under the aforementioned grant. -78- 3/�— AGREEMENT TO SELL TRANSIT EQUIPMENT Page 2 3. In addition to the above consideration, BUYER agrees to use said buses for the purpose of public transportation as part of a coor- dinated bus system in the Iowa City area. If BUYER fails to perform this agreement in any respect, SELLER has the right to receive at its descretion the value of the above buses prior to the breach or reclaim title and ownership of the above stated buses. 4. The BUYER shall agree to be bound by the terms and conditions of an agreement signed and dated , pursuant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended between the City of Iowa City, and Locals #183 and #12 of the American Federation of State, County, and Municipal Employees, AFL-CIO, and accept the responsibility for full perform- ance of the conditions contained in said agreement. In addition, the BUYER shall afford substantially the same level of protection to other of its employees not represented by a Union as are afforded to Union members under the agreement. 5. BUYER agrees to comply with Title 6 of the Civil Rights Act of 1964. 6. BUYER agrees to comply with all assurances given by the City of Iowa City in the grant application entitled Part V. 7. In the event any provision of this agreeemnt is held to be invalid or otherwise unenforceable under Federal, State, or local law, such provision shall be renegotiated between the BUYER and SELLER, and shall not affect the validity of the agreement as a whole or any provision not found to be invalid. IN WITNESS THEREOF, we have hereunto affixed our signatures on the date first above written. SELLER BY: City Manager CITY OF IOWA CITY ATTEST: CITY CLERK -79- IN rmV401a Chairman JOHNSON COUNTY BOARD OF SUPERVISORS ATTEST: COUNTY AUDITOR 3/6 ATTACHMENT H-2 AGREEMENT TO SELL TRANSIT EQUIPMENT THIS AGREEMENT is made this day of , 19 , by and between the City of Iowa City, Iowa, hereinafter also called SELLER, and the City of Coralville, Iowa, hereinafter also called BUYER. WHEREAS, the City of Iowa City, Iowa as lead agency has filed a capital grant application with the Urban Mass Transportation Administration, Department of Transportation, for capital assistance in purchasing seven (7) forty-five passenger buses, two (2) twelve to seventeen passenger, lift equipped buses and two (2) fourteen passenger vans for the purpose of their use in a coordinated bus system in the Iowa City area; and WIiEREAS, the City of Coralville desires to buy two (2) forty-five passenger buses to be used in the aforementioned coordinated bus system; NOW THEREFORE, for and in consideration for the mutual covenants and agreements contained herein, and the performance thereof, the SELLER hereby sells and delivers to the BUYER the property herein described on the following terms, covenants, conditions and restrictions. 1. SELLER agrees to sell to BUYER two (2) forty-five passenger buses. 2. As consideration for said transit equipment, BUYER agrees to the fol - following terms and conditions: a. BUYER shall sell or salvage the transit vehicles presently owned by BUYER. MAKE $ YEAR MODEL 4 SERIALff GMC 1949 TDH 3612 157 GMC 1949 TDH 3612 200 b. BUYER shall pay to SELLER an amount equal to twenty percent (209) of the difference between the actual purchase price of the new transit equipment and the proceeds received by BUYER from the sale or salvage of the transit equipment being replaced in addition to the proceeds received by BUYER from the sale or sal- vage of the transit equipment being replaced. C. The Buyer shall pay to the SELLER an amount equal to two percent (2%) of the actual purchase price of the new transit equipment to defray the cost of grant administration. If the cost for grant administration is determined by UMTA to be an eligible grant expense, the buyer will instead pay to the SELLER an amount equal to four - tenths of one percent (0.49) of the actual purchase price of the new transit equipment. d. The total amount of money herein stated is to be prepaid to the SELLER within fifteen (15) days prior to the date required for payment by the SELLER for all equipment purchased under the aforementioned grant. SIID _ 17 AGREEMENT TO SNLL TRANSIT EQUIPMENT Page 2 FSI 3- In addition to the above consideration, BUYER agrees to use said buses for the purpose of public transportation as part of a coor- dinated bus system in the Iowa City area. If BUYER fails to perform this agreement in any respect, SELLER has the right to receive at its descretion the value of the above buses prior to the breach or reclaim title and ownership of the above stated buses. 4. The BUYER shall agree to be bound by the terms and conditions of an agreement signed and dated , pur- suant to Section 13 (c) of the Urban Mass Transportation Act of 1964, as amended, between the City of Iowa City, and Locals #183 and #12 of the American Federation of State, County, and Municipal Employees, AFL-CIO, and accept the responsibility for full per- formance of the conditions contained in said agreement. In addi- tion, the BUYER shall afford substantially the same level of pro- tection to other of its employees not represented by a Union as are afforded to Union members under the agreement. 5. BUYER agrees to comply with Title 6 of the Civil Rights Act of 1964. 6. BUYER agrees to comply with all assurances given by the City of Iowa City in the grant application entitled Part V. 7. In the event any provision of this agreement is held to be invalid or otherwise unenforceable under I•'ederal, State, or locallaw, such provision shall be renegotiated between the BUYER and SELLER, and shall not affect the validity of the agreement as a whole or any provision not found to be invalid. IN WITNESS THEREOF, we have hereunto affixed our signatures on the date first above written. SELLER City Manager CITY OF IOWA CITY ATTEST: CITY CLERK FM BUYER Mayor CITY OF CORALVILLE ATTEST: Im CITY CLERK '3 I0 ATTACHMENT H-3 AGREEMENT TO SELL TRANSIT EQUIPMENT TRIS AGREEMENT is made this _day of _ _ , 191 by and between the City of Iowa City, Iowa, hereinafter also called SELLIiR, and the University of Iowa, Iowa City, Iowa, hereinafter also called BUYER. WHEREAS, the City of Iowa city, Iowa as lead agency has filed a capital grant application with the Urban Mass Transportation Administration, Department of Transportation, for capital assistance in purchasing seven (7) forty-five pas- senger buses, two (2) twelve to seventeen passenger, lift equipped buses and two (2) fourteen passenger vans for the purpose of their use in a coordinated bus system in the Iowa City area; and WHEREAS, the University of Iowa desires to buy two (2) forty-five passenger buses and one (1) twelve passenger bus, with lift equipment. NOW THEREFORE, for and in consideration for the mutual covenants and agreements contained herein, and the performance thereof, the SELLER hereby sells and delivers to the BUYER the property herein described on the following terms, covenants, conditions and restrictions. 1. SELLER agrees to sell to BUYER two (2) forty-five passenger buses and one (1) twelve passenger bus, with lift equipment. 2. As consideration for said transit equipment, BUYER agrees to the fol- lowing terms and conditions: a. BUYER shall sell or salvage the transit vehicles presently owned by BUYER. MAKE # YEAR GMC 1963 GMC 1963 MODEL # SERIAL # TDH 5304 046 TDH 5304 047 b. BUYER shall pay td SELLER an amount equal to twenty percent (20%) of the difference between the actual purchase price of the new transit equipment and the proceeds received by BUYER from the sale or salvage of the transit equipment being replaced in addition to the proceeds received by BUYER from the sale or sal- vage of the transit equipment being replaced. C. The BUYER shall pay to the SELLER an amount equal to two percent (28) of the actual purchase price of the new transit equipment to defray the cost of grant administration. If the cost for grant administration is determined by UMTA to be an eligible grant expense, the BUYER will instead pay to the SELLER an amount equal to four - tenths of one percent (0.4%) of the actual purchase price of the new transit equipment. d. The total amount of money herein stated is to be prepaid to the. SELLER within fifteen (15) days prior to the date required for payment by the SELLER for all equipment purchased under the aforementioned grant. AGREEMENT TO SELL TRANSIT EQUIPMENT Page 2 3. In addition to the above consideration, BUYER agrees to use said buses for the purpose of public transportation as part of a coor- dinated bus system in the Iowa City area. If BUYER fails to perform this agreement in any respect, SELLER has the right to receive at its discretion the value of the above buses prior to the breach or reclaim title and ownership of the above stated buses. 4. The BUYER shall agree to be bound by the terms and conditions of an agreement signed and dated , pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, as amended, between the City of Iowa City, and Locals #183 and #12 of the American Federation of State, County, and Municipal Employees, AFL-CIO, and accept the responsibility for full per- formance of the conditions contained in said agreement. In ad- dition, the BUYER shall afford substantially the same level of protection to other of its employees not represented by a Union as are afforded to Union members under the agreement. 5. BUYER agrees to comply with Title 6 of the Civil Rights Act of 1964. 6. BUYER agrees to comply with all assurances given by the City of Iowa City in the grant application entitled Part V. 7. In the event any provision of this agreement is held to be invalid or otherwise unenforceable under Federal, State, or local law, such provision shall be renegotiated between the BUYER and SELLER, and shall not affect the validity of the agreement as a whole or any provision not found to be invalid. IN WITNESS THEREOF, we have hereunto affixed our signatures on the date first above written. SELLER BUYER BY: BY: City Manager Ray Mossman, Business Mgr. CITY OF IOWA CITY UNIVERSITY OF IOWA ATTEST: City Clerk stm EXHIBIT I LABOR -84- 3621 EXHIBIT I: Labor A. This project will not adversely affect the employees of Iowa City Transit, Coralville Transit, University of Iowa Cambus or Johnson County SEATS. Of the eleven (11) new vehicles, seven (7) will be used as replacement for existing spare vehicles and four (4) will be used to expand service. No driver will be laid off as a result of the acquisition of the new buses. In fact ad- ditional drivers may have to be hired as a result of planned service expansion. No changes in the number of administrative or maintenance personnel is antici- pated as a result of the purchase of the new buses. Employees of Iowa City Transit and Coralville Transit are represented by the American Federation of State, County and Municipal Employees (AFSCME), Local 183. Full time employees of the University of Iowa Cambus are represented by AFSCME, Local 12. Part-time student employees of Cambus are not eligible to be represented but operate under University policies. Employees of the Johnson County SEATS program are not represented by a labor union. B. This project will not adversely affect the employees of any other trans- portation system in the urban area. The areawide mass transportation service. to the Iowa City-Coralville urban area is achieved through the coordinated efforts of the carriers. In keeping with these efforts, the carriers are coop- eratively working to meet their capital equipment needs, as evidenced by this grant application. It is understood that the grant agreement will contain provisions, deter- mined by the Department of Labor, by which the City of Iowa City will warrant that the project will not adversely affect the employment and working conditions of the employees of Iowa City Transit, and will agree that if any such employees are adversely affected, appropriate protection shall be afforded under the pro- vision of Section 13(c) of the Urban Mass Transportation Act of 1964, as ammended. -85- 9 AGREEMENT 4 AGREEMENT PURSUANT TO SECTION 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, BETWEEN THE CITY OF IOWA CITY, LEAD AGENCY, AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL- CIO, LOCAL 183 AND LOCAL 12,'THE UNION. WHEREAS, the City of Iowa City, Iowa ("Lead Agency") has filed a Section 3 Mass Transportation Capital Improvement Grant Application for FY79 under the Urban Mass Transportation Act of 1964, as amended, to assist in the financing of capital equipment purchases of seven (7) 45 passenger coaches, two (2) 12-17 passenger lift -equipped small buses, and two (2) 14 passenger vans, as more fully described in the project application ("Project"); and WHEREAS, the University of Iowa CAMBUS Service, the City of Coralville Transit Division, and Johnson County SEATS, all provide transit service in coordination with the above-named Lead Agency; and WHEREAS, employees of the Lead Agency and the City of Coralville are represented by AFSCME Local 183, and some transit employees of the University are represented by AFSCME Local 12. Other student employees of CAMBUS are not organized but operate under University policies and employees of Johnson County SEATS are not organized but operate under statutory rights and responsibilities for employees; and WHEREAS, Sections 13(c) and 3(c) of the Act require, as a condition of assistance thereunder, that fair and equitable arrangements be made, as determined by the Secretary of Labor "to protect the interests of employees affected by such assistance," including, without being limited to, the preservation of all rights, privileges and benefits under existing collective bargaining agreements or otherwise, the continuation of collective bargaining rights, the protection of individual employees against a worsening of their positions with respect to their employment, assurances of employment to employees of acquired transportation systems and priority of re-employment of employees terminated or laid off, and paid training and re-training programs in the event of termination or layoff, and WHEREAS, the normal procedure under the Act is for the applicant or employer of employees and the Union to assist the Secretary of Labor by agreeing upon such arrangements as will be fair and equitable to protect the interests of affected employees; NOW, THEREFORE, it is agreed that in the event that this Project is approved for assistance under the Act, the following terms and conditions shall apply: -86- .3023 2 0-M (1) When used in this agreement: (a) "employees" shall refer to employees of the City of Iowa City who are engaged in the operation of the Iowa City Transit systems, employees of the City of Coralville who are engaged in the operation of the Coralville Transit system, employees of Johnson County who are engaged in the operation of the SEATS system, and employees of the University who are engaged in the operation of the Cambus system. (b) employer shall refer to the City of Iowa City, the City of Coralville, Johnson County and the University of Iowa. (c) "Project" shall refer to the purchase of buses and vans as described in Exhibit A of this application. (d) the phrase 'as a result of the project' shall refer to events occurring in anticipation of, during, and subsequent to the Project, which shall be limited to the purchase and use of buses and vans by the cooperating agencies. (2) The Project shall be carried out in such a manner and upon such terms and conditions as will not in any way adversely affect employees represented by the union. (3) All rights, privileges and benefits of employees represented by the Union under existing collective bargaining agreements or otherwise shall not be adversely affected as a result of this project. (4) The collective bargaining rights of employees represented by the Union as provided by applicable federal and state laws as well as rules and policies of the Board of Regents or the University or the Public Employment Relations Board shall not be adversely affected as a result of this Project. The Lead Agency and other agencies subject to this agreement agree that they will bargain collectively with appropriate unions to the extent of their duty to bargain under federal and state laws and that they will enter into agreements with the Union or arrange for such agreements to be entered into relative to all subjects of collective bargaining whicb are, or may be proper subjects of collective bargaining for public employees in Iowa. (5) No employee shall be laid off or otherwise deprived of employ- ment, or placed in a worse position with respect to compensation, hours, working conditions, promotional rights, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the Project. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in the case of his or her resignation, death, retire- ment, dismissal for cause, failure to work due to disability or discipline. The Lead Agency or any other employer subject to this agreement shall have the burden of affirmatively establishing that any deprivation of employment from the above causes or any other worsening of employment position has not been a result of the Project. In addition, an employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of a curtailment of federal work study funds or'funds provided from student fees for the operation of the Cambus Service provided that the University makes a good faith effort to obtain such funds or reasonable alternatives thereto. The Lead Agency and other employers subject to the agreement shall not discriminate in hiring, tenure, or other terms and conditions of employment against any employee on the grounds of membership or lack of membership in any employee organization. Nothing in this agreement shall be construed as forfeiture or modification by the Union and/or the employees covered by this agreement of any rights or benefits under any other agreement or provision of law. Any employee who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. For employees of the Lead Agency and the City of Coralville the grievance proceeding shall be a negotiated contract procedure existing between the parties or any subsequent procedure negotiated as a result of collective bargaining for the resolution of grievances. For employees of the University, the grievance proceeding shall be conducted pursuant to the Regent's Merit System Rules or any other applicable Board of Regents or University rules or procedures which may exist in addition to or in substitution thereof, including any procedures existing pursuant to any collective bargaining agreements negotiated pursuant to Chapter 20 and which covers the individual employee. For employees of Johnson County, the grievance proceeding shall be any proceeding which results in binding arbitration with the County. (6) This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by reason of arrangements made by the Lead Agency or any other employer subject to this agreement to manage and operate the system. Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management or operation of the applicable transit systems, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions. (7) In the event any provision of this agreement is held to be invalid or otherwise unenforceable under federal, state, or local law, such provision shall be renegotiated between the parties for the purposes of adequate replacement under Section 13(c) of the Urban Mass Transportation Act of 1964. If such negotiation shall not result in a mutually satis- factory agreement, either party may invoke the jurisdiction of the -88- A n �i:.l� ,y( Secretary of Labor to determine substitute employee protective arrangements which shall be incorporated into this agreement. (8) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance, but shall be independently binding and enforceable by and upon parties hereto, in accordance with its terms. IN WITNESS THEREOF, the parties hereto have executed this agreement by their duly authorized representative(s) this day of , 197 CITY OF IOWA CITY, IOWA JOHNSON COUNTY AREA PUBLIC EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 BY: 1lqY°2 ATTEST: City Clerk a RECEI1ED & A_`,: -'.-J BY ThE LEGAL DEFART{'2 W UNIVERSITY OF IOWA EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #12 34 W -89- 302 b/ EXHIBIT J PUBLIC HEARING -90- 3.27 EXHIBIT J: Public Hearing A public hearingon this capital assistance grant application was held on Tuesday, December 19, 1978 at 7:30 p.m. by the City Council of Iowa City, at the Iowa City Civic Center, 410 East Washington, Iowa City, Iowa 52240. This exhibit .includes certified copies of the published notices of the hearing, as well as the certified public hearing transcripts. -91- CITY OF IOWA CITY (1VIC CENTER 410 L. Wn`;IIIN(.>f(_)N `)I 1(.)W (111Y IOW/\ a'?4th (319).i:i41tC1!) STATE OF IOWA SS JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the Notice that was published by the Iowa City Press Citizen on the 17th and 24th days of November, 1978, as indicated by the Proof of Publication as attached, all as the same appears of record in my office. 1978. Dated at Iowa City, Iowa, this 6th day of December, -92- 91;-i 92- CITY CLERK 9ai Printers fee $ -J cJ/ CERTIFICATE OF PUBLICATION STATE OF IOWA, Johnson County, as: THE IOWA CITY PRESS -CITIZEN Vicky J. Curtis, being duly sworn say that I am the cashier of the IOWA CITY PRESS. CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is her o attached, was published in said paper _ rtetimes, on the following dates:. Cashier Subscribed and sworn to before me this IL7 day of _ N O/" % A.D. 19 q Notary Public OFFICIAL PUBLICATION— NOTICE PUBLIC HBARING Ra: The purchase of a eyedmaximum or moven (7) new Qasenti r l Closet powered bawd two (7) 1T• passenger arts by 5th ed yowr, and two (T) an Urban vans by the City or Iowa City through an Urban Man Transportation Grant. I. Notice U hereby glvdr Mat a public Waring will be hold by tib City Council of Iowa City, Iona at the, 'owe City. Civic Cemar, 416 Ent Washington, Iowa City, Iowa SUA). The Meering Is wt for 7,30 p.m. m Tuesday, December 19, 1910, for IM purpose of considering the Project for which assistance Is Ming fought from the Urban Mau Transportation Adminlafratlon, pursuant to the Urban Mass Transportation Act of 1964, as amended, generally described as follows: A. Description ofroject 1. The City of IOWA City Is applying for grant assistance funds from the U.S. Urban M831 TranaPorfatiM Administration to purchase the a. Sev,A—M-111141 ill -passenger mewl powered transit 41" Throe 171 will be used by Iowa City Tren�6lt/I It" (11 will M used by Coralvllle Transit. and 01'0 (6) Will M used by the University of Iowa Csmbw. b. Two (7) new, 16 pneism0f buses with IIB. $gglpment will M used by• University of Iowa CA us and Johnson County :AT6 prophm. 0. Iwo (T) new I4 -passenger vans. 5016 will M used by me Johnson County SEATS Program. 6. Federal Grant Request 6656,768 Lbcel Contribution1166197 TFtal estimated project cost 6170,960 3. The local contribution will be from the following aurcaet City of Iowa City 1631946 City of Coratville $47.90 J01imson CadMy $9,637 UIV/relfy of Iowa 646,160 T6TAAL 6164.197 B. Relocation No persons, famillas or buslneswe will M displaced by this project. C. Environment This project Is considered to have a favorable Impact on the environment. Now bums with quieter and mora efficiently running engines, and emission control equipment will result In an actual reduction of role and exhaust emission levels now Ming produced with older dNwl powered buses to M replaced. D. Comprehensive Planning This project Is In conformance with comprehensive land -UM and transportation planning In the Iowa City Coralvllla urban area and In Johnson County. This project Is currently under review by the regional and state A-95 Clearinghouses. E. Elderly and Handicapped The two vans and two smell bums to M purchased will Provide demand-rasponalve service for the elderly and hancicappetl. The bums will M lift. equipped to provide contlnuea service for the elderly antl handicapped with aPeclalhed mobility or accessibility heads. They will replace vehicles that currently provide demndraeoonalve service to and from hospital madlcal clinics, work, schools, shopping facllifles, congregate meal centers, and wclahrK1011onal facllltles. II. At the hearing, the City Council m Iowa City will Allard an opperfunlry for Interested par ar agencies to M heard with respect to the axial, economlC and amlrnmental aspects at the prolect. Intarnted parmns may submit, orally or In writing. evidence and recommendations with reaped to mid project. III. A copy of Its application for a Federal Grant for the proposed project, together with an environmental AroIVAIa and the transit development plan for the arm, Is currently available for public Inspection at the City of Iowa City Clerk's Office, Iowa City CIVIC Center, 410 East Washington, Iowa City, Iowa S7240. ABB IE STOLFUT,, CITY CLERK City 01 Iowa city November 17, IM NovemW 24,1978 —93— 336 CITY OF IOWA CITY C.I`JIC. <,Ef JI(R 41�J C W/\31lINGIC)N >I K MA ('11Y, 10WA 5` 24(> (319) 354.18GU STATE OF IOWA SS JOHNSON COUNTY I, Abbie Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify that the minutes of the meeting of December 19, 1978 , page 2 , attached hereto is a true an correct copy o the meed which was held by the City Council of Iowa City, Iowa, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 15th day of January , 1979 ABBIE STOLFUS City Clerk of Iowa City, Iowa -94- 3-31 Council Activities December 19, 1978 Page 2 Correspondence referred to City Mgr. for reply: Chrm. Riverfront Comm. re funding of river corridor capital improvement program; S. Eskin re maintenance of ice on City Park ponds for skating. Memos from Traffic Engr. prohibiting parking on Westminster St.; re parking meter stalls, 1000 N. Clinton St. Application for use of streets from Jaycees to close Iowa Ave. between Clinton & Gilbert St. for carnival, 7/3-14/79, denied. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Recommendations of Planning & Zoning Comm. re approval of final plat of Village Green South, Part 2, & re approval of prel. & final LSNRD plans of Old Capitol Centre, noted. Moved by Balmer, seconded by Roberts, to adopte RES. 78-526, Bk. 52, pp. 1361-1362, APPROVING FINAL PLAT OF LYN-DEN HEIGHTS, as approved by P&Z Comm. Affirmative roll call vote unanimous, 7/0, all Council - members present. Moved by Neuhauser, seconded by Perret, that ORD. 78-2935, Bk. 14, pp. 318-319, AMENDING ZONING ORD. 2238 BY CHANGING USE REGULATIONS OF GREB PROPERTY SOUTH OF HWY. 6 BYPASS & WEST OF VFW CLUB, FROM CH TO C2 ZONE, as recommended by P&Z Comm. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Jack Robinson, 221 College Ct., presented a statement requesting permission to bid on the newspaper recycling & pickup project. Paul Lillios, Coralville, stated that he had been hired by Alert Towing to reorganize the program. Both persons were directed to bring a proposal to Staff for future consideration. Moved by Perret, seconded by Neuhauser, to give five-day notice of cancellation of contract as of 12/24/78, to Mr. Wayner of Alert Towing, as he has not performed according to his contract. Motion carried unanimously, 7/0. City pickup of newspaper will start on 1/8/79. Public hearing to accept comments from the public regarding the City's proposed application for Federal assistance under Sec. 3 or 18 of Urban Mass Trans. Act, was held. There were no interested citizens present to speak for or against the application. Public hearing was held to receive citizen comments regarding implementing a community improvement program in the Armory neighborhood, utilizing CDBG funds. Several residents from the area were present. Ron Johnson, 219 E. Benton, asked for an explanation of the project. PPD Dir. Kraft gave a summary of activities to date, and called attention to future hearings. Several concerns were discussed. It was pointed out that pressure had been brought to bear regarding violations found by minimum housing inspections in the area. City Mgr. Berlin advised that he would investigate inspection & enforcement of housing code in the project area. -95- 3312 EXHIBIT K RELOCATION 9,:?3 LXHIBTT K: Relocation No persons will be relocated as a result of this project. ILO M ��y EXHIBIT L PROTECTION OF THE ENVIRONMENT EXHBIT L: Protection of the Environment 1. Descriptions of the proposed project and any adverse impact on the environment. The proposed Capital Improvement Project for UMTA participation includes the following: Purchase of seven (7) new 45 -passenger diesel -powered transit buses. Purchase of two (2) new 12 to 17 -passenger lift -equipped small. buses. Purchase of two (2) new 14 -passenger vans. See Exhibit A of this application for more information regarding these items. It is believed that none of the items in this application will have a negative impact on the environment. In fact, the existing quality of the environment should be improved. The vehicles purchased through this grant will be emission control equipped in full compliance with the most recent Federal EPA standards. When compared to the vehicles being replaced, the new vehicles will have lower levels of noise and exhaust emissions. 2. Unavoidable adverse environmental effects. Unavoidable adverse effects of the project include: - Some levels of air pollution will result from the operation of diesel and gasoline powered transit vehicles. - operation of diesel powered vehicles will produce somewhat unpleasant smelling exhaust fumes along each transit route. This condition will occur even with emission control equipment installed on each vehicle. - Vehicle operation along each route will also produce noise levels that are somewhat higher than desirable. - vehicle operation will also mean consumption of diesel fuel, gasoline, and other petroleum based products which may be in short supply. 3. Reasonable alternatives to any portion of the project having an impact which would minimize or elimin: 1 At present, there are no reasonable or practical alternatives to diesel or gasoline powered vehicles. 4. Comparative analysis of the short-term and local impact on the environment term S. Without continual replacement and improvement of equipment through projects such as this, the continued use of existing equipment will result in the even- tual discontinuation of bus service altogether. This would cause an increase in the use and dependence on the automobile resulting in: -99- EXHIBIT L (cOnL'd) Page 2. - Increased traffic congestion. - Increased air and noise pollution. - Higher frequency of automobile accidents. - Elimination of the only means of transportation available to a large segment of the urban area population (elderly, handicapped, lower income families and individuals, and students). 5. Statement of any environmental impacts which will result in any irrevers- :ommitment of resources. Petroleum based products will be consumed in the operation and mainten- ance of the vehicles being purchased. 6. Discussion of problems and objections raised by Federal agencies, State and local entities, and citizens and the disposition of the issues involved. Project review statements as received for the Regional and State Clearing- houses will be included in this exhibit. All comments by citizens will be included in the Public Hearing Section, Exhibit J, along with a transcript of the public hearing on this project. _100- 3,37 johnson county regional planning commission 221/2 south dubuque street, iowo city. Iowa 52240 (319)351-8556 November 21, 1976 Mr. Tom Wallace Office of Planning & State Clearinghouse - 523 East 12th Street Des Moines, Iowa Dear Mr. Wallace: Programming A-95 Review Isabel Turner Ch ,r .r Emil L. Brandt E.ecOW Dlrmtor Attached is a Notice of Intent for A-95 Review of the Iowa City Urban Area Mass Transit Assistance Grant Application. If you have any questions or require further information, please contact me. Sincerely, riese Transportation Planner KF/ak ENCLOSURE -101- 330 OMB Approval No. 29-RO210 424-10151ANDARD FORM 424 PAGE A (A 5) -1-02- Pretorthd by CSA, Federal Management Clrcidar 74-7 23� FEDERAL ASSISTANCE 2. APPLI• a. NUMBER a. NUMBER CANT'S APPLI- APPLICM TION IDENTI• _ 1. TYPE PREAPPLICATION ❑ b. DATE b. DATE Year month day ACTION ❑ APPLICATION CATION Year month day 19 78 Nov. 1 nER ASSIGNED 19 Loaroe ap. NOTIFICATION OF INTENT (Opt) Vex) Dusj7k ❑ REPORT OF FEDERAL ACTION Blank 4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. e. Applicant Name :City of Iowa City 6. In Org.nlrellnn Unit :Office of City Manager e. NUMBER c. Street/P.D. Box :Civic Center PRO, b. TITLE Urban Mass d. City :Iowa City a. County : Johnson GRAM I. Stats(From :Iowa a•ZIP Code: 52240 Federal Transportation Capital h. Contact Person (Name Keith Friese catalog) Improvement Grants s & telephone No.) 319 351-8556 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT & TYPE OF APPLICANT/RECIPIENT A -Slate H -Community Action Agency Iowa City Urban Area Mass Transit Assistance Grant G-Interstete I- higher Educational Institution a for purchase of seven (7) 45 -passenger buses, C-Sutstato J -Indian Tribe DistrictK-Other (Specify): D two (2) 12 -passenger buses with lift equipment and F -City District two (2) 14 -passenger vans. GSgecUl Purves, District Enter appropriate lots" 9. TYPE OF ASSISTANCE ...JJJ A -Basic Grant D -Insurance g B -Supplemental Grant E -Other Enter appro- p FR!I AAj C-U2n pr:ata keLer(,J u -f 10. AREA OF PROJECT IMPACT (Name. of cities, counties, 11. ESTIMATED NUG- 12. TYPE OF APPLICATION States, d1c.) BER OF PERSONS A-11" C-Revislon E -Augmentation Iowa City Urban Area and Johnson BENEFITING B -Renewal D-Cunlinuatlen County 75, 025 Enter ann*cnrkk tetter 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For Igo or lea) ars F-0tbv (Specify): a. FEDERAL F 656,768 .00 a. APPLICANT b. PROJECT BB--Decreue Boll n b. APPLICANT First (Iowa) First (Iowa) Flncreass Duration D -Decrease Dorothea NSA_ 63,840 co. E-Gncelle[lon e. STATE .00 16. PROJECT START 17. PROJECT DATE Year month dapp DURATION But" appra- d. LOCA .00 19 79 1 2 12 pruvta letter(e1 -] a. OTHER 100,352 .00 _Months 1& ESTIMATED DATE TO Year month day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE SUBMITTED TO 1. TOTAL 8 820,960 .00 FEDERAL AGENCY► 1978 12 20 N A 20. FEDERAL AGEI4CY TO RECEIVE REQUEST (Name, City, State, ZIP coda) 21. REMARKS ADDED Urban Mass Transit Administration, Washington, D.C. 20590 ❑ Yos ❑ No 22. a. To the best of my knowledge and belief, b. It required by OMB Circular A-95 this %Ificatlon was submitted, pursuant to in. Nara- Response are attached: spanee 0 data in this prespplieatloo/application are sWstons therein, to appmorlata clearing ousca and all responses attached THE true and correct, the document hes been APPLICANT duly authorised by Na gowming body of (U State Clearinghouse ❑ ❑ CERTIFIES the applicant and the applicant will comply ❑ Cl THAT P, with the attached moraines If Na assist- a) Regional Clearinghouse ants Is sppland. (3) ❑ ❑ - 23. a. TYPED NAME AND TITLE b. SIGNATURE//' a. DATE SIGNED CERTIFYING ' Year mouth day YiREPRE- Neal Berlin, City Manager /('/ 19'71 Afet/ z. ?i SENTATIVE .l���/ r_ 24. AGENCY NAME 25. APPLICA- Year month day TION RECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 28. FEDERAL IDENTIFICATION F g 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION 31. ACTION TAKEN 32. FUNDING Year manth day 34. Year month day STARTING ❑ a. AWARDED s. FEDERAL $ .00 33. ACTION DATE► 19 DATE 19 q ❑ b. REJECTED b. APPLICANT .CO 35. CONTACT FOR ADDITIONAL INFORMA- 3& Year month day TION (Name and kkphone number) ENDING 1t"j ❑ c. RETURNED FOR c. STATE .00 DATE 19 d. LOCA .00 37. REMARKS ADDED = AMENDMENT ❑ d. DEFERRED a. OTHER .00 n ❑ a. WITHDRAWN Yes Ohio F. TOTAL $ .00 1 3B. a. Is taking above action, any comments received from cietrinehousa were can. b. FEDERAL AGENCY A-95 OFFICIAL aidared. If a¢wrefpama Is due under provisions of Part 1, OMB Gmulst A-95, (Name and telephone no.) FEDERAL AGENCY It has been err 1:18ing made. A-95 ACTION 424-10151ANDARD FORM 424 PAGE A (A 5) -1-02- Pretorthd by CSA, Federal Management Clrcidar 74-7 23� C Johnson county cC regional planning commission CLC- CC 221/2 south dubuque street, iowo city, iowo 52240 (319)351-8556 November 27, 1978 Mr. James Elza, Director East Central Iowa Council of Governments 332 E. Washington Street Iowa City, IA 52240 Re: A-95 Review: Iowa City Transit - Capital Assistance Dear Mr. Elza: Isabel Turner cream,. Emil L Brandt Executive D,m" The Johnson County Regional Planning Commission reviewed the above named application at its November 15, 1978 monthly meeting. The Commission approved the application finding that it was consis- tent with the adopted Transit Development Program for the Iowa City/ Coralville urban area. Specifically, the grant will enable the area to: • increase peak hour service • maintain existing levels of service by replacing certain outdated vehicles • expand specialized transportation service throughout the county - SP Emil L. Brandt, Executive Director ELB/fb CC: Neal Berlin -103- -3i/� east central iowa c ()tit1(11 cel wc•rruru•t1l.ti 00 332 east washington iowe city, iowe 52240 (319) 354-2328 December 4,_1978 SUBJECT: East Central Clearinghouse PNRS Signoff PROJECT TITLE: Transit Capital Assistance #152-78 APPLICANT AGENCY: City of Iowa City DATE RECEIVED: 11-21-78 DATE COMPLETED: 11-30-78 This is to advise you that the East Central Iowa Coun- cil of Governments has completed its review of the subject application in accordance with applicable regu- lations set forth under the authority of OMB Circular A-95. At their meeting on November 30, 1978, the East Central Board noted and accepted the recommendations of the Johnson County Regional Planning Commission. Based on those findings, the project is recommended for funding consideration. DM: JDE:rh Enclosure: 1 cc: State Clearinghouse JCRPC IDOT Sincerely, lee Mayb L'itairperson -104- STATE OF IOWA Office for Planning and Programming 523 East 12th Street, Des Molnes, Iowa 50310 Telephone 515/281-3711 ROBERT D. RAY Governor November 29, 1978 ROBERT F. TYSON Director JOHNSON COUNTY R&GIJi4A Keith Friese, Transportation Planner NOV 3 )1978 Johnson County Regional Planning Comm. PLA.NVUAG COMMISSION 221-, South Dubuque Street - Iowa City, IA 52240 Re: SAI Letter of Intent Project: Transit Assistance Grant for the Purchase of Buses, Iowa City Dear Mr. Friese: The above mentioned material has been received in this office and is in the process of being reviewed. We have assigned ,your project the following number 790723 . This number must be used in all cor- respondence relating to this project. Should we develop any questions or comments, we will be in touch with you. Thank you for the information. ATW:wbb Sincerely, A. Thomas Wallace, Jr. Federal Funds Coordinator -105- CH -la 2AIZ ROBERT D RAY Governor ROBERT F. TYSON Director Date Received Or' nal: Johnson Co. Reg. " �Ar, Planning Comm. DEC 2 2 1978 cc: City of Iowa City STATE OF IOWA p1 A�tr"^'c co^nratssloN Office for Planning and Programming 523 East 12th Stroot, Des Moinos, Iowa 50319 Telophono 515/281-3711 STATE CLEARINGHOUSE PROJECT NOTIFICATION AND REVIEW SIGNOFF November 27, 1978 State Application Identifier: 790723 Review Completed: December 20, 1978 APPLICANT PROJECT TITLE: Transit Assistance Grant for the Purchase of Buses APPLI:.ANT ACENCY: City of Iowa City Address Civic Center Attention: Neal Berlin, City Ma 'I'DEft.L PROGRAM TITLE, AGENCY Urban Mass Transportation Capital Improvement Grants t:,`..ALOG NUMBER: Department of Transportation Urban Mass Transportation Administration Catalog No. 20.500 A:•'jl)NT OF FUNDS REQUESTED: Federal Funds - $ 656,768 Other Funds - 100,352 Applicant - 63,840 TOTAL FUNDS - $ 820,960 PRO,' ECT DESCRIPTION: Iowa City Urban Area Mass Transit Assistance Grant for the purchase of seven 45 - passenger buses, two 12 -passenger buses with lift equipment and two 14 -passenger vans. 'T':c State Clearinghouse makes the following disposition concerning this application: /-3F-; No Comment Necessary. The application must be submitted as received by the Clearinghouse with this form attached as evidence that the require: review has been performed. Comments are Attached. The application must be submitted with this Fr.rrc: plus the attached comments as evidence that the requi.ed re -view has been performed. STATE CLEARINGHOUSE C01MENTS: i':I- _d !ter. Vederal Funds Coordinator 2y3 EXHIBIT M ELDERLY AND HANDICAPPED 3 y� EXHIBIT M: Elderly and Handicapped Two major reports have been prepared by the staff of the Johnson County Regional Planning Commission which address the specific needs of the elderly and handicapped in Johnson County. The Initial Report: Transportation for the Elderly and Handicapped, Johnson County, Iowa was published in November, 1975. It provided an analysis of the potential scope of the problems and opportunities relative to the transportation disadvantaged. Particular emphasis is placed on elderly in urban and rural areas of the county. The follow-up report published in January, 1977 was Transportation for the Elderly and Handicapped in Johnson County, Iowa: An Assessment of Needs and Preferences. This report assessed the transportation patterns and prefer- ences of the county's elderly and handicapped, as well as identifying their needs and problems in attaining adequate mobility. Both reports were prepared through an Urban Mass Transportation Adminis- tration grant. They were sent to UMTA for review and have been approved. Copies are on file with UMTA. The most current population data available is from a September, 1974 special census of the entire Johnson County area. The elderly population (persons 60 years of age and older) data is taken directly from the census. The handicapped population is estimated from the census data using the methodology developed in the 1975 elderly and handicapped report. According to the special census, there were 7,220 elderly persons in the county. This constituted 9.68 of the total population. Of those elderly persons, 65.68 resided in the urban area.* Attachment M-1 shows the geo- graphic distribution of elderly in Johnson County. The general distribution of elderly within the urban area is displayed in Attachment N-4 of Exhibit N. It suggests that the elderly population encompasses the Iowa City CBD area, with the largest concentrations occuring south and east of the CBD. A more detailed analysis of the 1970 census block data for Iowa City showed a smimlar distribution. Further, it demon- strated that the elderly have excellent access to the line -haul systems. *The urban area for this purpose includes the cities of Iowa City, Coralville, and University Heights. 3V-�_ EXHIBIT M (cont'd) Page 2. Approximately 95% of the elderly population was within 7. blocks of a routs, and the four major senior citizen housing concentrations are directly adjacent to the transit routes.* The handicapped in the county were estimated to be 13% of the total population or about 9,750 persons (see Attachment M-1). Like the elderly, the majority of the handicapped population is located in the urban area. Within the urban area, the handicapped are well integrated into the total population, as a result of efforts by local groups. Special consideration is given to elderly and handicapped persons able to use urban area fixed -route transit. Elderly and handicapped may ride free of charge on Iowa City Transit and Coralville Transit between 9:00 a.m. and 3:00 p.m. and after 6:30 p.m. during weekdays and all day Saturday. As for the University of Iowa Cambus, all passengers ride free of charge. Re- sponse to the off-peak No -fare program has been excellent. Participation on Iowa City Transit increased by 14% between June, 1976 and June, 1977. During the same period, Coralville Transit registered a 83% increase in participation. A second consideration is preferential seating for elderly and handicapped on the transit coaches. The designated seats are located nearest to the front door for easy and convenient use. Finally, transit routes are designed to use the streets directly adjacent to the four major senior citizen housing concentrations in the urban areas. Specialized public transportation is provided by the Johnson County Board of Supervisors through the SEATS program for area residents that are unable to use the conventional line -haul systems. Johnson County SEATS operates on a demand -responsive basis and provides door-to-door service. Originally, the program was designed to serve the transportation disadvantaged in the rural areas of the county. However, the service was expanded as of September 1, 1977 to include the elderly and handicapped in the urban area. This was accomplished via a contract between the Iowa City, Coralville, and University Heights city councils and the Johnson County Board of Supervisors. *Transit Development Program: For the Iowa City Coralville Urban Area. December 1974. Section II, pages 79-64. -109- EXHIBIT M (cont'd) Page 3. Based on the recommendations of a citizens' committee composed of members of the Johnson County Council on Aging and the Johnson County Citizens' Committee for the Handicapped, trips are assigned on a priority basis by trip purpose: (1) medical (2) social services (3) grocery shopping (4) em- ployment and volunteer service (5) organized social and senior citizen activities and (6) other shopping. Fares for SEATS trips are a nominal 50t one-way. Patrons are encouraged to give the system dispatcher one day advance notice for intended trips. Johnson County SEATS is expected to carry over 15,000 trips in the urban area during F.Y. 1979. Purchase of equipment through this grant will permit Johnson County to continue existing service, as well as meet increasing service demand. The two vans will be used by the County to replace two vans now in service and one of the lift -equipped small buses will be used to expand service. The Unviersity of Iowa also operates a lift -equipped vehicle dubbed the "Bionic Bus". The Bionic Bus primarily serves the transportation needs of the handicapped university students, staff and faculty by providing ade- quate access to university facilities and operations. The bus made nearly 5,000 trips during calendar 1977 and is free of charge to the passengers. The other lift -equipped small bus purchased through this grant will replace the Bi.onic Bus and provide for the day-to-day service needs. The Bionic Bus will be used as a spare. The operation of the Bionic Bus complements the Johnson County SEATS program through the interface of service responsibilities. It is much more efficient administratively and financially for the University of Iowa to provide this service directly due to (1) the high priority established for University related trips (2) the more limited scope of operation around the Univeristy (3) the need to conform to University schedules and (4) the financial advantages of the University's work-study program for students. -110- 97/ ATTACHMENT M-1 ELDERLY AND HANDICAPPED POPULATION IN JOHNSON COUNTY: 1974 URBAN AREA RURAL AREA JOHNSON POPULATION Iowa Coral- Univ. Small City ville Heights TOTAL Cities Rural TOTAL COUNTY TOTAL 47,744 6,605 1,181 55,530 5,443 14,052 19,495 75,025 Total 4,141 395 203 4,739 898 1,583 2,481 7,220 Elderly (percent) 8.7 6.0 17.2 8.5 16.5 11.3 12.7 9.6 Total 6,207 857 154 7,218 708 1,827 2,535 9,753 Handicapped (percent) 13.0 13.0 13.0 13.0 13.0 13.0 13.0 13.0 Elderly with 2,799 268 137 3,204 605 1,068 1,673 4,877 a Handicap (percent) 5.9 4.1 11.6 5.8 11.1 7.6 8.6 6.5 DATA SOURCE: Initial Report: Transportation of the Elderly and Handicapped, Johnson County, Iowa. Johnson County Regional Planning Commission, November 28, 1975. Page 16. EXHIBIT N DISTRIBUTION OF TRANSPORTATION BENEFITS 9Z/ EXHIBIT N: Distribution of Transportation Benefits I Mini Socio -Economic Profile of Applicant's Jurisdiction A. Figures from the 1970 Census showed that Johnson County had a total population of 72,127, of which 54,245 or 75% resided in the urban area.* In 1974,a special census was taken, enumerating the entire Johnson County population. The county's population had increased to 75,025 with 55,530 or 74% of the population in the urban area. Detailed population data is shown below. 1970 1974 JOHNSON COUNTY TOTAL 72,127 75,025 Urban Area 54,245 55,530 - Iowa City 46,850 47,744 - Coralville 6,130 6,605 - University Heights 1,265 1,181 Rural Area 17,882 19,495 B. Of the total County population in 1970, 1,239 or 1.7% were non-white. As indicated in the table below, 1,191 or 96% of all non -whites resided in the urban area. Within the urban area nearly all of the non-white population resided in the City of Iowa City. Detailed information on distribution of minority races in the urban area is only available for Iowa City. It as follows: PERCENT MINORITY GROUP POPULATION (Total Population) Black 463 0.6 Native American 30 - Spanish Speaking 327 0.5 Asian 354 0.5 *The urban area includes the cities of Iowa City, Coralville and University Heights. TOTAL WHITE NON-WHITE Johnson County 72,127 70,888 1,239 Urban Area 54,245 53,054 1,191 - Iowa City 46,850 45,810 1,040 - Coralville 6,130 6,014 116 - University Heights 1,265 1,230 35 Rural Area 17,882 17,834 48 Within the urban area nearly all of the non-white population resided in the City of Iowa City. Detailed information on distribution of minority races in the urban area is only available for Iowa City. It as follows: PERCENT MINORITY GROUP POPULATION (Total Population) Black 463 0.6 Native American 30 - Spanish Speaking 327 0.5 Asian 354 0.5 *The urban area includes the cities of Iowa City, Coralville and University Heights. EXHIBIT N (cont'd) Page 2 C. The area of Johnson County is 619 square miles of which Iowa City comprises 21. 7. D. Based on the 1970 Census,general. socio-economic background data for Iowa City is provided below. 1. Average Household Size All Households - 3.2 persons Black households - 2.3 persons 2. Household Income INCOME RANGE Under $5,000 $5,000 - $9,999 $10,000 - $14,999 $15,000 - $24,999 $25,000 or more TOTAL HOUSEHOLDS Total Black 5,529 53 4,084 31 2,976 24 1,671 5 506 7 14,766 120 The median household income is $7,004. 3. Automobiles per household. AUTOMOBILES HOUSEHOLDS TOTAL BLACK No Car 2,158 21 One Car 8,105 32 Two Cars 3,822 52 Three or More Cars 681 15 TOTAL 14,766 120 II. Map(s) of the Applicant's Jurisdiction A. Attachment N-1 shows the distribution of the Black population in Iowa City based on 1970 Census Block statistics. This data revealed no con- centrations. B. Major Traffic generators in the urban area are shown in Attachment N-2. C. Existing bus routes are shown in Attachments N-3, N-4, N-5, and N -5a. -114- EXHIBIT N (cont'd) Page 3 1. Each bus routes' headways, number of buses, and type of service is provided below. *Night Service North Dubuque only. **Evenings only. Proposed route and service improvements are shown in the Transit Development Program - Fiscal 1977 Update. 2. The daily ridership for the three line -haul systems during the school year is 18,000. Daily ridership on the three line -haul sys- tems after the implementation of the project is projected to be 19,000. Average ridership on the two demand -responsive special transpor- tation providers is 80. It is anticipated to be 105 with the implementation of this project. 3. The average or base fare of the systems is as follows: Iowa City 25C Coralville 35t Cambus Free Johnson Co. SEATS See Exhibit B for detailed information. D. Maximum load points are shown on Attachment N-3. -115- 50C 3�S a HEADWAYS (Min.) TYPE SYSTEM ROUTE PEAK/OFF-PEAK/NIGHT # BUSES SERVICE Iowa West Benton -Lakeside 30/30/60 3 Local City Rochester -Mall 30/30/60 2 Local Transit Hawkeye Apts.-North Dubuque* 30/30/60 2 Local Wardway-Goodwill 60/60/60 1 Local Manville Hts.-East College 30/30/60 2 Local North Dodge-Towncrest 30/30/60 2 Local Hawkeye Express -Eastside Shuttle 30/none/none 1 Local Lakeside Express -Westside Special 60/none/none 1 Local Coral- Western Hills/Holiday Garden ville Express 60/120/60 1 Express Transit lst Avenue 60/120/60 1 Local Lantern Park/10th St. 15/30/60 3 Local Cambus Red Route 7/15/15 4 Local Blue Route 7/15/15 4 Local Inter -Dorm Express 10/10/none 2 Express Oakdale 30/30/60 2 Local Pentacrest Express 15/15/None 2 Local Hawkeye - Eastside Loop** None/None/30 1 Local *Night Service North Dubuque only. **Evenings only. Proposed route and service improvements are shown in the Transit Development Program - Fiscal 1977 Update. 2. The daily ridership for the three line -haul systems during the school year is 18,000. Daily ridership on the three line -haul sys- tems after the implementation of the project is projected to be 19,000. Average ridership on the two demand -responsive special transpor- tation providers is 80. It is anticipated to be 105 with the implementation of this project. 3. The average or base fare of the systems is as follows: Iowa City 25C Coralville 35t Cambus Free Johnson Co. SEATS See Exhibit B for detailed information. D. Maximum load points are shown on Attachment N-3. -115- 50C 3�S a Exhibit N (cont'd) Page 4 E. Attachment N-5 shows the dat-a on the elderly population referred to in Exhibit M. III. Discussion on the Distribution of Transportation Benefits A. The impact of the proposed project on minority areas. As previously discussed, there are no apparent minority concentrations in the project area. Of those who would be considered members of minority groups, 850 live within three blocks of existing transit routes. No area residence will be displaced by this project (see Exhibit K). B. The general philosophy of the manner in which service, facilities, and o each route. It is the general philosophy that all transit services, including new equipment, should be available to all persons in the service area, to the maximum extent feasible, especially to the mobility handicapped. As such, all equipment purchased through this grant will be available for use on all routes of each respective system. C. The Opportunties for Minority Contractors and Consultants. Minority contractors and/or consultants will have an equal opportunity for involvement in this project, as all equipment obtained via this grant will be purchased through competitive bidding. D. Minority Involvement in the Decision Making Process. Minorities have and will continue to have the opportunity for involve- ment in this project to insure that this project is responsive to their needs. Specifically, this involvement does include the following: • An opportunity for affected residents to voice their opinions and concerns of the project at a public hearing on December 19, 1978. • All meetings of the Johnson County Regional Planning Commission and the JCRPC Transportation Committee where this project was discussed and approved are open to the public. Prior notice of these meetings is given to the news media for public notification. E. The Quality of Transit Service. The levels of service for all systems are designed to provide easy, convenient, inexpensive public transportation to as many people as possible. The age and quality of vehicles providing service are rotated regularly on every route, with emphasis on keeping as few of the old buses on the system -116- �',O EXHIBIT N (cont'd) Paye 5 as possible to avoid breakdowns. Since no apparent concentrations of minorities exist in the service area, the quality of transit service is evenly distributed. -117- -�,i 7 2 4 7 1 5 74 . 32 5 y1 1 -`aa. - 4 3 2 .. 3 12 �2 2 '2 2 = �2c r -1 1n4 2 5 5 %a 7 3 ATTACHMENT N-1 LOCATION OF BLACK HOUSING: 1970 24 NO University housing - N Number of Persons �I ATTACHMENT N-2 WGILAND IA ` - MAJOR TRAFFIC GENERATORS IN THE IOWA CITY-CORALVILLE URBAN AREA - 1975 • APARTMENT * TRAILER PARK: ' HIGH SCHOOL A EMPLOYMENT I SHOPPING CENTERS -- - - - ' �3F �I 151 1 �- ATTACHMENT N-3 iJ 13 ` 1 �- ATTACHMENT N-3 iJ ` IOWA CITY TRANSIT & CORALVILLE TRANSIT BUS ROUTES 3 I 1 HAWKEYE APARTMENTS 11 NORTH DUBUQUE rr 2 WEST BENTON -_- 12 MANVILLE HEIGHTS J�( ^Fp , I 3 WARDWAY 13 FIRST AVENUE l 4 MALL 14 TENTH STREET- S GOODWILL LANTERN PARK II b LAKESIDE 15 WESTERN HILLS - h. TOWNCREST HOLIDAY GARDEN I ti H EAST COLLEGE EXPRESS `. 9 ROCHESTER - REGULAR SERVICE 10 NORTH DODGE --PEAK HOUR SERVICE i r iJ ATTACHMENT N-4 IOWA CITY TRANSIT PEAK HOUR BUS ROUTES PEAK HOUR SERVICE (September - Nay) 1 HAWKEYE EXPRESS Z WESTSIDE SPECIAL $ LAKESIDE EXPRESS 4 EASTSIDE SHUTTLE OPM i � Al c I I L qI il( I--- -\, II—_........ ATTACHMENT N-5 CAMBUS BUS ROUTES I RED ROUTE Z BLUE ROUTE $ INTERDORM EXPRESS a PENTACREST EXPRESS b HAWKEYE ROUTE; G OAKDALE ROUTE % EASTSIDE LOOP* *evenings only a _rte I .L:1t ATTACHMENT N -5a rr ATTACHMENT N-6 DISTRIBUTION OF URBAN AREA ELDERLY (60+) BY ENUMERATION DISTRICTS* 10-15% Total Population 15-20% Total Population *Source: 1974 Special. Census AJ EXHIBIT 0 EVALUATION OF FLOOD HAZARDS -izs- 3 6� EXHIBIT O: Evaluation Of Flood -Plain Hazards This exhibit is not applicable since no fixed facilities will be con- structed as part of this project. -126- J G 3 PART V ASSUMICES FOR CAPITAL GRANT PROJECTS • ASSURANCES FOR CAPITAL GRANT PROJECTS • CERTIFICATION • ASSURANCE OF COMPLIANCE WITH TITLE VI • CHARTER AND SCHOOL BUS RESTRICTIONS -127- 56 ASSURANCES FOR CAPITAL GRANT PROJECT The City of Iowa City hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including Office of Management and Budget Circular Nos. A-87, A-95, and A-102, as they relate to the applications, acceptance, and use of Federal funds for this Federally -assisted project. Also, the applicant gives assurance and certifies with 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 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 assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application (Authorizing Resolution and Opinion of Counsel are attached). 2. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 83-352) and in accordance with Title VI of that Act. No person in the United States shall on the grounds of race, color, sex 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 take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant or, in case of any transfer of such property, any transferee for the period during which the real property 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 (DOT Civil Rights Assubance is attached). -128- T �J 3. It will comply with 'I'itle VT of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment, or (2) discrimin- atory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 4. It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards; and Executive order 11288, relating to the prevention, control, and abatement of water pollution (See Part IV, Exhibit 0, of this Application). 5. It will have sufficient funds available to meet the non -Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purposes constructed. 6. It will obtain approval by the appropriate Federal agency of the final specifications before the project is advertised or placed on the market for bidding, and it will submit to the appropriate Federal agency for prior approval changes that alter the costs of the project. 7. It will operate and maintain the equipment in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State, and local agencies for the maintenance and operation of such equipment. B. 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. 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 project will be prosecuted to completion with reasonable diligence. -129- gK6 Lo. rt will esLabl.ish safeguards to prohibit employees from using 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. 11. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treat- ment of persons displaced as a result of Federal and Federally -assisted programs (see Part IV, Exhibit K, of this Application). 12. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program require- ments, and other administrative requirements approved in accordance with office of Management and Budget Circular A-102. 13. It will comply with the provisions of the Hatch Act which limits the political activity of employees. 14. It will make the certification required by section 3(d) of the Urban Mass Transportation Act of 1964, as amended (Certification attached). 15. Applicant agrees not to engage in charter bus operations in competition with private bus operation outside of the area within which it provides regularly scheduled mass transportation service. Any violation of this agreement shall bar the Applicant from receiving any other Federal financial assistance under: (1) Subsection (a) or (c) of 23 U.S.C. 142; (2) paragraph (4) of subsection (e) of 23 U.S.C. 103; or (3) the Urban Mass Transportation Act of 1964. (Assurance is attached). -130- ,� 6 16. Applicant agrees not to engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private bus operators except in the following areas: a. Applicant operates a school system in the area to be served and operates a separate and exclusive school bus program for this school system. b. Private school bus operators are not able to provide adequate transportation at reasonable rates and in conformance with applicable safety standards. c. Where a State or local public body or agency thereof (or a direct predecessor in interest from which it acquired the function of so transporting school children and personnel, along with facilities to be used therefor) was so engaged in school bus operations any time during the period from August 1972 to August 1973. Any violation of this agreement shall bar the Applicant from receiving any other Federal assistance under: (1) subsection (a) or (c) of 23 U.S.C. 142; (2) paragraph (4) of subsection (e) of 23 U.S.C. 103; or (3) the Urban Mass Transportation Act of 1964. (Assurance is attached). M.alt - 197 / Date Neal Berlin City Manager -131- 269 CERTIFICATION City of Iowa City HEREBY CERTIFIES THAT, in the development of this application for a Mass Transportation Capital Improvement Grant under the Urban Mass Transport- ation Act of 1964, as amended, it: 1. Has afforded adequate opportunity for public hearings pursuant to adequate prior notice, and has held such hearings, in accordance with the requirements set forth by the Urban Mass Transport- ation Administration. 2. Has considered the economic and social effects of this proposed project and its impact on the environment. 3. Has found that this proposed project is consistent with official plans for the comprehensive development of the urban area. MAR 6' 1979. Date City of Iowa City By Neal Berlin City Manager -132- '?0 ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 (DEPARTMENT OF TRANSPORTATION) The City of Iowa City (hereinafter referred to as the "Recipient") HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary , Part 21, Nondiscrimination in Federally -Assisted Pro- grams of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in ac- cordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex 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 Recipient receives Federal financial assistance from the Department of Transportation, including the Urban Mass Transportation Administration (UMTA), and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effect- uate this agreement. This assurance is required by subsection 21.7 (a) (1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to the project: 1. That the Recipient agrees that each "program" and each "facility" as defined in subsections 21.21 (e) and 21.23 (b) of the Regu- lations, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the Regulations. 2. That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regu- lations and made in connection with a project under the Urban Mass Transportation Act of 1964, as amended (the UMTA Act) and, in adapted form in all proposals for negotiated agreements: The Recipinet, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.0 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, -133- ,3 �o hereby notifies all bidders that it will affirmatively insure that in regard to any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the gounds of race, color, sex or national origin in consideration for an award. 3. That the recipient shall insert the clauses of Appendix A of this assurance in every contract subject to the Act and the Regulations. 4. That the Recipient shall insert the clauses of Appendix B of this assurance, as a convenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over , or under such property. 7. That where the Recipient receives Federal financial assistance to carry out a program of managerial training under section 10 (a) of the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to make selection of the trainee or fellow without regard to race, color, sex or national origin. a. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, the assurance shall obligate the recipient to assign transit operators and to furnish transit operators for char- ter purposes without regard to race, color, sex or national origin. 9. That where the Recipient receives Federal financial assistance to carry out a program under the Urban Mass Transportation Act of 1964, as amended, routing, scheduling, quality of service, frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes may not be determined on the basis of race, color, sex or national origin. 10. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real property acquired or im- proved under the project ; and (b) for the construction or use of or access to space on, over or under real property acquired, or improved under the project -134- 97/ 11. That this assurance obligates the Recipient for the period during which Federal financial assistance is extended to the project, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a) the period during which the property 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; or (b) the period during which the Recipient retains ownership or possession of the property. 12. The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or th official to whom he delegates specific authority to give reasonable quarantee that I, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this assurance. 13. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, and Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtain- ing any and all Federal grants, loans, contracts, property, discounts or other Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recip- ient by the department of Transportation under Federal Urban Mass Trans- portation Programs and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal Urban Mass Transportation Program. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Recipient. LIAR u- 1979 DATE Attachments Appendices A, B, and C Department of Transportation CITY OF IOWA CITY by Neal Berlin, City Manager -135- 7a APPENDIX A During the performance of this contract, the contractor for itself, its assignees and successors in interest (hereinafter referred to as the "contractor) agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. (4) Information and Reports: The contractor shall provide all informa- tion and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Urban Mass Transportation Adminis- tration (UMTA) to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information is re- quired or a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the recipient, or the Urban Mass Transportation, as appro- priate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the Recipient shall impose such contract sanctions as it or the Urban Mass Transportation Administration may determine to be appropriate, includ- ing, but not limited to: (a) Withholding of payments to the contractor under the contract until the contractor complies, and/or (b) Cancellation, termination or suspension of the contract, in whole or in part. -136- 9 /✓ Appendix A (cont'd) Page 2 (6) Incorporation of Provisions: The contractor shall include the pro- visions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The con- tractor shall take such action with respect to any subcontract or procurement as the Recipient or the Urban Mass Transportation Admin- istration 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 supplier as a result of such direction, the contractor may request the Recipient to enter into such litigation to protect the interests of the Recipient, and, in addition, the contractor may request the United States to enter into such litiga- tion to protect the interests of the United States. -137- ?;W APPENDIX B A. The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the condition that the Recipient will accept title to the lands and maintain the project constructed thereon, in accordance with the Urban Mass Transportation Act of 1964, as amended, the Regu- lations for the Administration of Federal Urban Mass Transportation Programs and the policies and procedures prescribed by the Urban Mass Transportation Administration of the Department of Transportation and, also in accordance with in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in federally -assisted programs of the Department of Transportation (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the City of Iowa City all the right, title, and interest of the Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part hereof. (HEBENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto City of Iowa City and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real pro- perty or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the City of Iowa City, its successors and assigns. The City of Iowa City, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, it successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over or under such land hereby conveyed (,) (and)* (2) that the City of Iowa City shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, De- partment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Departemnt of Transportation - Effectuation of Title VI of the Civil Rights Act of 1954, and as said Regulations may be amended (,) and (3) that in *Reverter clause and related language to be used only when it is deter- mined that such a clause is necessary in order to effectuate the pur- poses of Title VI of the Civil Rights Act of 1964. -138- J 7,5 Appendix B (cont'd) Page 2 the event of breach of any of the above-mentioned nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said land, and the above described land and facili- ties shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.* *Reverter clause and related language to be used only when it is deter- mined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. -139- _316 76 APPENDIX C The following clauses shall be included in all deeds, licensed, leases, permits, or similar instruments entered into by the Recipient pursuant to the provisions of Assurance 10(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for him- self, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or other- wise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transportation pro- gram or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Sec- retary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Trans- portation - Effectuation of Title VI of the Civil Rights Act of 1964; and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* 'Chat in the event of breach of any of the above nondiscrimination covenants, the City of Iowa City shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the City of Iowa City shall have the right to re-enter said lands and facili- ties thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the City of Iowa City and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the City of Iowa City pursuant to the provisions of Assurance 10(b). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases, add "as a covenant running with the land") that (1) no person on the ground of- race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of -140- l / �, Appendix C (cont'd) Page 2 services thereon, no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or other- wise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal Regulations, De- partment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally -assisted programs of the Department of Trans- protation - Effectuation of Title VI of the Civil Rights Act of 1964), and as said Regulations may be amended. (Include in licensed, leased, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, the City of Iowa City shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the City of Iowa City shall have the right to re-enter said land and facilities shall thereupon revert to and vest in and become the absolute property of the City of Iowa City and its assigns. *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. -141- _? 71? CHARTER AND SCHOOL BUS I hereby certify that the City of Iowa City will not engage in charter bus operations outside of the area within which the City provides regularly scheduled mass 'transportation service, except as provided in an agreement authorized and required by section 3(f) of the Urban Mass Transportation Act of 1964. I further certify that the City of Iowa City will not engage in school bus operations in competition with private school bus operators, except to the extent permitted by section 164(b) of the Federal Aid Highway Act or section 3(g) of the Urban Mass Transportation Act of 1964. I understand that a violation of either of these restrictions may require corrective measures and the imposition of penalties, including debarment from the receipt of further Federal financial assistance for mass transportation. Date City Manager MAR u - 1979 -142- 37j Form!S6(She 1)not..•...uur.... ... un.n, uulFur eaie. aver 6181 pipul.tinnl ADOPTED BUDGET CERTIFICATE OF CITY TAXES Fiscal Year July 1, 1979 • June 30, 1980 CITY OF .-....-LO.WA..._.C.LI Y., ... LO.WA-----. .................----------- --------------- ---- - Population..--- - ------------ CERTIFICATION To: County Auditor and Board of Supervisors of ---------- _-------- JAhJ1S-nn----- ----------- .--------------------- .------- ---- County, Iowa. At a meeting of the City Council, held after public hearing as required by law, on..Fe.b-rUATY...27 --..... -... ------ ------------------------_---...--.--.--. 1979, the proposed Budget for July 1, 1979 -June 30, 1980, 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: Code Election (If Required) °y Citation On Month HeldDay Year Conditions, If An 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/._M .- J.. ........... Clerk Area Code (...3.].9......) ........3 54.-.1 UW----Ext-..211 Address ------- 41.0.._.E.. --- YI d.5 b.i-nat.OD..--.. zip ... 5 2 2 4 0 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. 1007c valuations as of January 1, 1978 Regular (Subject to $8.10 Limit) Agricultural Land (Subject to 3.00375 Limit) ❑ Proof of Publication Filed. GRAND TOTAL DISTRIBUTION OF TOTAL* County County County • If located in more than one county, give separate valuation for each county. 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 15, 1979. Complete statement on reverse side of this certification. CERTIFICATION APPROVED AND FILED IN STATE COMPTROLLER'S OFFICE 1979 By------------------------------------ (OVER) — -- — Local Budget Division ,3�7C) RECORD OF PUBLIC HEARING AND ADOPTION OF BUDGET 0 ....Febrja.ry..27---_-____ -_ _. 1979, the Council of the City of Iowa City, Iowa. met for the purpose of conducting a public hearing on the proposed 1979-80 Budget as published (posted). A quorum was present. Notice of time and place of hearing had been published on February 22_ ., 1979, in the .... ... I owa---- City ... P..r.ess... C.i_ti.zen ........ ......... ........ ... ..- and the affidavit of publication was available to file with the County Auditor. (or) . Notice of the time and place of hearing had been posted on ------- ------------------------------ _- 1979, in the following locations: The budget estimate was considered and taxpayers and citizens heard for and against said estimate as follows: ---------- R ... Q. - After giving opportunity for all desiring to be heard, the Council adopted the following budget resolution: Resolution No.... 79-.98......... A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 1980. Be It Resolved by the Council of the City of ... .... ... Iowa .... City...-------- , Iowa: The annual budget for the fiscal year ending June 30, 1980, 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 ----- Mar -ch --6, .................. _ ............ 1979, by the following vote: (List names.) Ayes:... deProsse------------------------- ------------------ Nays: ------Balmer------------------------------------------------- ------E r. dab 1--------------------------------------------------- ------ Neuhauser---- ---------------------------------------- ......Ve.vera.... Absent:-- -Roberts------------------------------------------- ....................... ------------------ ----------- --- -- ------------------------------------- ------------------------- - - -- ..�'. ✓:-�isC�.......... , Mayor ATTEST: /s! - -- .... ........ ----- ------------ Clerk j�� RESOLUTION NO. 79-99 RESOLUTION AUTHORIZING THE STAFF TO INITIATE LAND ACQUISITION PROCEDURES FOR THE SOUTH BRANCH RALSTON CREEK STORMWATER DETENTION PROJECT WHEREAS, the City of Iowa City, Iowa, is undertaking a program to alleviate flooding on Ralston Creek; and, WHEREAS, the City of Iowa City is undertaking to construct a stormwater detention structure on the South Branch of Ralston Creek as part of this program; and, WHEREAS, this project requires the acquisition of real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager and Development Coordinator are hereby authorized and directed to initiate land acquisition procedures in accordance with the CDBG regulations for the South Branch Ralston Creek Stormwater Detention Project. It was moved by deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 6th r('a'; ATTEST: J -z( - L City Clerk Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera day of March 1979. V :1e, /l ZH�4�� Mayor RECEIVED 6 APPROVED BY HE LEGdL DEPARTMT RECEIVED & APPROVED BY THE LEGAL DEPARTIMT 3 -Z -7r 19/C RESOLUTION NO. 79-100 RES0UIrI0N AUTHORIZING EXECUTION OF CONTRACT WITH SHIVE-HATTERY WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Shive-Hatter , a copy of said contract being attac to s Reso u on s reference made a and, WHEREAS, the City Council deems it in the public interest to enter into said contract for soil testing services and surveying services NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the contract with Shive-Hattery 2. That the City Clerk shall furnish copies of said contract to any citizen requesting same. It was mored byBalm r and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: R NAYS: ABSENT: X Passed and approved this (vth ATTEST:L, City Clerk / BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA day of March � , 1979. Mayor Received fig P'Pprovc'd B Tie Leg Dpprmenl tA2 -1 AGREEMENT This Agreement, made and entered into this day of 1979, by and between the City of Iowa City, a muni— paw 1 corporation, hereinafter referred to as the City and Shive-Hattery and Associates, of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. SCOPE OF SERVICES The Consultant is to provide the following soil investigation and surveying services for the South Branch Dam on Ralston Creek. SOIL INVESTIGATION SERVICES General 1. Provide all labor, material, and equipment to perform soil boring work at project site, perform laboratory tests, and prepare engineering report. 2. Number of borings: 6 as shown on the attached figure. Additional borings may be requested by the Engineer if unfavorable soil conditions are encountered. Location of borings: as shown on the attached figure. All borings are located on private property. City of Iowa City will obtain permission of property owner for access of boring rig. Exact location in field may be varied slightly from locations shown. Borings may be located approximately by measuring from fence or apparent property line as shown on figure. A plan drawing of the actual boring locations shall be included in the report. Additional borings may be required in the groin area of the embankment and it may be necessary to do laboratory permeablity tests on proposed embankment materials in order to predict seepage characteristics. The need for these tests shall be coordinated with Stanley Consultants. Required depth of borings: as shown on the attached figures. Depth of hole shall be measured from existing ground surface. Consultant shall determine elevation of ground at boring locations. The engineering analysis and recommendation should include settlement predictions, seepage characteristics of both natural and embankment materials, and a stability analysis of embankment materials. The Consultant should provide a typical cross section of the proposed embankment which will include typical side slopes, general embankment composition and any special drainage requirements. 31Z/ F. 6. Contact the following person at Stanley Consultants 24 hours prior to starting field borings: Bennett Reischauer Stanley Consultants, Inc. Stanley Building Muscatine, Iowa 52761 319/264-6312 Drilling Requirements 1. Method of drilling is optional; method shall provide clean hole with undisturbed soil for sampling. 2. Measure ground water level in all holes except when maximum depth is reached prior to encountering ground water. Measure elevation when first encountered and 24 hours after completion of boring. 3. The Contractor shall fill each boring hole after receiving approval from the Engineer. Boring holes shall be covered until filled. Sampling Requirements 1. In granular soils, obtain 1 3/8 -inch diameter split spoon samples in accordance with ASTM D1586 (including standard penetration test records). 2. In cohesive soils, obtain 2 -inch diameter thin wall tube samples in accordance with ASTM D1587. Obtain samples for consolidation tests with 3 -inch diameter thin wall tube. 3. Obtain samples at every 5 -foot depth and at changes in character of material. Testing Requirements 1. Perform sufficient testing of samples obtained from the borings to properly classify soil, in accordance with the Unified Soil Classification System. 2. Conduct unconfined compression tests, ASTM D2166, on representative cohesive soil samples, except only maximum strength and initial moisture and density are required. 3. Perform consolidation tests on samples from Boring Nos. 4, 5, and 6 per ASTM 02435 (except time versus deformation data is not required), if needed to estimate settlement of the embankment. 4. Perform sieve analysis of granular deposits encountered per ASTM D422, except hydrometer analysis portion of test is not required. 5. Obtain Atterberg limits per ASTM D423 and D424. 6. Perform standard Proctor compaction test in accordance with ASTM D698 on material from borings B-1, B-2, and B-3. 7. Determine natural water content of soil in borrow area. Soils Report Submit two preliminary review copies of the Soil Investigation Report to Stanley Consultants for purposes of coordinating the project construction requirements with soil conditions encountered. After review, submit ten final copies of the report to Stanley Consultants. The report shall include the following: 1. Boring logs which shall include data required by ASTM D1586 as applicable for tests required under these requirements. 3 2. Results of all other tests required herein. 3. Estimated cohesion and friction angle of soils encountered. 4. Estimated permeability of foundation and embankment material based on examination of material and soil classification. 5. Proctor density curves for embankment material. 6. Estimated shrinkage of borrow material when placed in the embankment. 7. Estimated amount of settlement after completion of embankment. 8. Recommendations regarding proposed dam design and any special precautions or additional tests which should be undertaken. SURVEYING SERVICES General This survey is required for the design of a dry dam on the South Branch of Ralston Creek in Iowa City, Iowa. Survey notes will be used to develop final construction plans for the proposed dam. Survey control shall be as follows: For horizontal control use the section corners located at the intersection of Court Street and Scott Boulevard and at American Legion Road and Scott Boulevard. Vertical control - Shall conform to the elevations used by Tri- state Aero Engineering Services when they prepared two foot contour maps for the City of Iowa City. Shive-Hattery shall contact Tri-State to determine the exact location of these control points. Future Roadwa Run baseline survey to obtain exact distances and ground profile along centerline of future Scott Boulevard as shown on the attached figure. Survey shall be along the tangent lines and it is not necessary to lay out circular curves. Locate by stationing and tie to baseline existing roads, driveways, culverts, utility poles, manholes, creek bed, trees, and other similar items. Survey one cross section each 100 feet between the two PI's where the dam will be built. Cross sections should extend 200 feet on either side of survey centerline. Provide sufficient PDT's and PI's to re-establish survey lines at some future date. Turn angles at PI's. Reference all PDT's and PI's with a minimum of three ties. PI's located in farm field shall be buried a sufficient depth so they will not be disturbed by farming operation. Creek Survey Run base line survey along creek in area shown on attached map. Locate creek from baseline. Determine creek bed profile with a minimum of one elevation measurement every 50 feet along the centerline of the channel. Locate by stationing and tie to baseline trees larger than 6 inches in diameter, clumps of smaller trees, roads, culverts, drainage tile outlets, and other similar items. Survey one cross section each 100 feet to extend a minimum of 50 feet on each side of center of creek. Land Acquisition Prepare legal descriptions of land to be acquired by purchase or easements. 3Y6 4 In addition, the Consultant will provide specific consulting or testing services in addition to any of the above or any other related items at the City's request. II. GENERAL TERMS 1. The Consultant or the City may terminate this Agreement upon seven (7) days notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedures of the American Arbitration Association. 2. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 4. It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance, and all clerical dettail involved in their employment. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 8. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effects as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and con- struction of the Project. 397 5 4. Make all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. IV. TIME OF PERFORMANCE The Consultant shall complete the soil investigation portion of the contract within sixty days after notice to proceed. If soil conditions prevent access to the site this time period shall be extended upon request of the Consultant and upon concurrence of the City. Surveying services shall be coordinated with Stanley Consultants and done on a time schedule so that Stanley's work under a separate contract is not delayed. V. COMPENSATION FOR SERVICES Soil Investigation Services The costs for geotechnical engineering and technical personnel services, other than field exploration and laboratory testing and the costs for surveying services will be based on direct personal expense times a 2.19 multiplier. A copy of the current direct personal expense rate is attached as attachment number 1. All field exploration and laboratory testing will be provided at the current standard unit prices a copy of which is attached as attachment number 2. The total for all laboratory and soil investigation services shall not exceed $6,700. Surveying services shall be based upon direct personal expense times a multiplier of 2.19. There is no "not to exceed" on this portion of the job. Reimbursable expenses shall be paid as a separate cost above and beyond any "not to exceed". Reimbursable expenses shall include the following: a. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for Consultant's office use. The Consultant shall submit monthly statements for services rendered and for reimbursable expenses incurred. For services based on direct personal expense x a multiplier, monthly statements will be based upon actual hours worked. The City shall make prompt monthly payments in response to these statements. The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITYY MAYOR ATTEST: CITY CLERK SHIVE-HATTERY CONSULTANTS 0 STATE OF IOWA ) ss JOHNSON COUNTY ) On this � day of1979, before me, a Notary Public duly commissioned and qu 1— t d in and for said County and State, personally appeared raven Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. Notary Public in and Johnson County, Iowa STATE OF ss COUNTY OF On this /46/ day of //�,����� 1979, before me, the undersigned, a Notary Public in n for said ty and said State, personally appeared ou and , to me personally kno n, who b ing by me duly sworn, did say that they are the Li • and respectively, of said corporation; 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 /% and as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ByRECEIVED LEGAL DEPgLt�#� -� a ,� .•-��r � - ,• � ---Y,$0. o . EX�Sr14JG PfiopEilYY L1T:S Z ; 7 of'. '� c� FtitwAE Rof�wr� 500:' • •: �. ."�- `•. � ZOO ; � . , , !' •• ! r,....,. L/ •"� luysgrnp]7r •urr•ip CITY OF IOWA CITY 13or4h9 8-S K 5nEET nucdEH _ CTS ' EAST NCnTH fica �`�, OI ' a_ti tion lwQ }.+• JI _ --- \ +.y• .'6 `�`••i —� ./ �' ,�',:'% ; FILA V1Rti. Ro"wdiY Nx 41 / CITY OF .,._. -- -- 10WA CITY - --/ um, Ts op __�� _� � -;i •— _ SHEET NunOEN `" '; Ir / • 552 6ce �coIT- Twp r; 1 jSEr- SURvEY 1Qk�REm�NrS —wazi SOV& H 6��ivG1A Ord ATTACHMENT NO. 1 DIRECT PERSONAL EXPENSE (Through June 1, 1979) Grade 7 Engineer $19.18/hr Grade 6 Engineer 14.87/hr Grade 5 Engineer 13.16/hr Grade 4 Engineer 11.22/hr Grade 3 Engineer 9.42/hr Grade 2 Engineer 7.81/hr Grade E Technician 11.36/hr Grade D Technician 9.02/hr Grade C Technician 7.01/hr Grade B Technician 5.45/hr Grade A Technician 4.04/hr 3 -Man Survey Crew 20.90/hr 2 -Man Survey Crew 16.11/hr 2/23/79 SHIVE-HATTERY & ASSOCIATES /02 ATTACHMENT N0. 2 SHIVE-HATTERY & ASSOCIATES CONSULT/NG ENG/Nr- Cr- SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES JANUARY 1, 1979 GENERAL Mobilization Charges - Based on round trip mileage From Nearest Office Private Automobile or Auxiliary Vehicle Drill Rig (Minimum Charge of $100.00) Per Diem Rate (Charge if site is more than 40 miles from nearest office), per individual All Terrain Vehicle, Surcharge Boring Location Survey Stand -By Time, in excess of normal set-up time, as a result of clients request or action Truck All Terrain Vehicle Specialized Drilling Equipment, Equipment for Moving Drilling Equipment at Site, Permits, Etc. SOILS - FIELD Auger Drilling - hollow Stem Augers Structure Boring - Utilizing Standard Penetration Test (2-1/2 intervals to, 15' 5' intervals to 501, 10' intervals thereafter) 0' - 25' 25' - 50' 50'+ lI0AII IU I'I h'. I'A'11'JI-I-111 '! 14';-1 I '111 II Mit, $ .20/mile 1.25/mile 25.00/day 100.00/day 50.00/hour 60.00/hour 75.00/hour Cost + 158 5.50/foot 6.00/foot 6.80/foot Cj Schedule of noneral, January 1, ].979 Page Two Field and baboralory Poos Auger Drilling - Solid Augers Profile Boring - Samples at 5' intervals to 50', 10' intervals thereafter 0' - 25' $ 5.00/foot 25' - 50' 5.50/foot 501+ 6.30/foot Profile Boring - Without samples, defining top of rock and water table 0' - 25' 4.50/foot 25' - 50' 5.00/foot 501+ 5.30/foot Wash Boring, Surcharge 0' - 25' .75/foot 25' - 50' 1.00/foot 501+ 1.25/foot hourly Drilling Rates Truck and One Technician 50.00/hour Truck and Two Technicians 60.00/hour All -Terrain Vehicle, Surcharge 100.00/day Hard Auger Drilling - Through weathered rock or material consisting primarily of broken rock, concrete, rubble fill, etc. (Standard Penetration Resistance D 50 Blows Per Foot) 11.00/foot Rock Drilling Bitting 14.00/foot Coring, PIWV Size 17.00/foot Set Up/Boring 45.00/each Requiring use of auxiliary water 30.00/day source, additional SHIVE-HATTERY & ASSOCIATES 3/ / Schedule of General, January 1, 1979 Page Three Samping and Testing r'ield and LaboraLory Fees Additional Standard Penetration Tests $12.50/each Shelby Tube ("Undisturbed"), 2" or 3" diameter 12.50/each Large Volume Bag Sample 15.00/each Rimac Unconfined Compression Value 4.00/each Hand Penetrometer Value 1.50/each Vane Shear Value, Torvane 5.00/each Seismic Refraction Testing Equipment Cost 100.00/day Test 75.00/each Slotted Well Point Installation, In Drilled Bore Hole Set Up/Well Point 60.00/each Material Cost - 2" 2.50/foot Material Cost - 3" 4.50/foot SOILS - LABORATORY Shelby Tube Extrusion, Sample Preparation, and Logginq 7.00/each Natural Moisture Content 2.00/each Dry Unit Weight, Shelby Tube Specimen 2.00/each Atterberg Limits LL, PL, PI 25.00/set SL 15.00/each Mechanical Analysis hydrometer 25.00/each Sieve 20.00/each Sieve, Washed Over #200 25.00/each Combined Hydrometer/Sieve 42.50/each Specific Gravity 20.00/each Unconfined Compression Testing Soil W/O Stress - Strain Curve 10.00/each W/Stress - Strain Curve 15.00/oach Rock, including cutting and capping 25.00/each SHIVE-HATTERY& ASSOCIATES 3 9jl Schedule of General, Field and Laboratory Fees January 1, 1979 Page Four Compaction Testing (Proctor) Standard $65.00/each Modified 75.00/each Relative Density, Maximum/Minimum 75.00/each California Bearing Ratio (single point) 70.00/each Consolidation Testing, including e - log p curve Loading Cycle - 1/4, 1/2, 1, 2, 4, 8, 16 150.00/each tsf, Typical Unloading Cycle - 8, 4, 1 tsf Typical 50.00/each Additional Load or Unload Increments 15.00/each Time Ratio Curve, Per Load Increment 12.00/each Triaxial Testing Unconsolidated - Undrained (Q) - 3 Specimens/Test 175.00/test Consolidated - Undrained (R) - 3 Specimens/Test 225.00/test Consolidated - Drained (S) - 3 Specimens/Test 275.00/test Additional for Pore Pressure Measurements 175.00/test Permeability Testing Falling Bead or Constant head 80.00/each Rock Quality Designation (P,QD) Determination 5.00/each Remolded Sample for Test Purposes 30.00/each Unified or AASHTO Classification, Additional to Required Testing 2.00/oach ph Determination 15.00/each Sulfate Determination 20.00/each Other Chemical Contents On Request MATERIALS - FIELD Coring of Concrete or Asphalt Equipment Cost (per inch diameter per inch core) Generator or Water Source Swiss Hammer, Compressive Strength SHIVE-HATTERY&ASSOCIATES 1.25 15.00/day 10.00/test Schedule of General, yield and Laboratory Fees January 1, 1979 Page Five Nuclear Densometer Equipment Cost - Hourly $ 5.00/hour 100.00/week Equipment Cost - By Test 3.00/each Pachometer (size and location of reinforcing steel) 25.00/day MATERIALS - LABORATORY Concrete - Cylinders (6" x 12" Nominal) Mold .60/each Break, including curing, capping, and reporting 4.50/each Hold, cured but not broken 3.00/each Unit Density 1.00/each Mix Design Development of Theoretical Mix Design 100.00/each Certification of existing design 65.00/each Trial Batch, including 6 test cylinders and molds 165.00/each Cut Specimen Absorption 10.00/each Unit Density 9.00/each Trimming 7.50/cut Break, including curing, capping and reporting 10.00/each Block Testing Single Block - Break 15.00/each Prism - Break 20.00/each Absorption 10.00/each Net Area Determination 15.00/each Beam Testing Flexural Strength, including net area determination 20.00/each Molding Equipment 4.00/each SHIVE-HATTERY& ASSOCIATES J/Q 7 Schedule of General, January 1, 1979 Page Six Asphalt - Field and Laboratory Pees Flash Point Determination $50.00/each Extraction (Centrifical Method - $10.00 Additional) 55.00/each With Gradation 75.00/each Marshall Density (3 specimens), mix provided 30.00/each Cut Specimen Unit Density 9.00/each If more than 3 specimens 6.00/each Roofing Sample, Quantitative - New Roof 175.00/each Roofing Sample, Quantitative - Existing 225.00/each Roof Aggregates - Bulk Specific Gravity (SSD) 25.00/each Absorption 7.0.00/each Dry Rodded Unit Weight 18.00/each MISCELLANEOUS INSPECTION Caissons, piling, or earthwork inspection will be charged utilizing standard hourly rates of required technical personnel, including travel time. Equipment costs will be charged at the rates outlined above. Additional or special testing rates will be quoted on request. SHIVE-HATTERY& ASSOCIATES 3 �� 4 -- 1�h� RESOLUTION N0. 79-101 RESOLUTION AUTHORIZING EXECUTION OF RAILROAD CROSSING AGREEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the CRI & P WIN, , a copy of said a�reement� being attac to is Resp u on s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement to allow the City's contractor to jack a 54" diameter pipe under the tracks just south of the intersection of Benton & Capitol 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 CRI & P Railroad 2. That the City Clerk shall furnish copies of said agement to any citizen requesting same. It was moved by Neuhauser and seconded by deProsse the Resolution be adopted,uan�call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 6th day of March , 1979, Mayor ATTEST: r L(�, � ,L � � City Clerk Rec-. vad 3 Ar.praved B The Leg a Dppartrnent �'HB 3 Z�1g X99 File: 40053-2024 FtORM M, W. f REV. 9-59 THIS AGREEMENT, MADE IN DUPLICATEWri711B10T�TEDa�� qq ��jj++1 �t t D �t OF Debtor A. D. 19 , BV AND SETWEEx 14'e'r&,'CAEbetgW ISt�%DpkfU% lFQC RAILROAD COMPANY,/PARTY OF THE FIRST PART, HEREINAFTER STYLED „FIRST PARTY„, AND City of Iowa City �CCdaCivic Center i PARTY OF THE SECOND PART, tIE1C,C77REINA rpGpGLppLTch STYLED "SECOND PARTY", WITNESSETH: THAT FOR AND IN CONSIDERATION OF PAYMENTS TO BE MADE TO THE FIRST -PARTY BY THE SECOND PARTY, AS HEREINAFTER SET FORTH, AND ALSO OF THE COVENANTS AND AGREEMENTS HEREINAFTER MENTIONED TO BE OBSERVED, KEPT AND PERFORMED BY THE SECOND PARTY, FIRST PARTY HEREBY GRANTS UNTO THE SECOND PARTY THE RIGHT TO INSTALL, FOR THE PURPOSE OF CONVEYING sanitary sewage a Fifty -Four (54) INCH PIPE LINE, AND THEREAFTER TO MAINTAIN, OPERATE AND RENEW THE SAME DURING THE CONTINUANCE OF THIS AGREEMENT, ACROSS, UNDERNEATH OR ALONG THE'RIGHT OF WAV AND TRACKS (OR TRACK, AS THE CASE MAY BE) OF THE FIRST PARTY; SAID PIPE LINE TO BE LOCATED at Mile Post 236 plus 4825 feet within the limits of Capitol Street in Iowa City, Johnson County, Iowa, at Engineers Profile Station 12512 plus 50, and also crossing the interbhangs track with the C.R. and I.C. Railroad Company at Engineers Profile Station 16 plus 90, in Section 15, Township 79 North, Range 6 west. A MORE PARTICULAR DESCRIPTION OF THE LOCATION OF SAID PIPE LINE IS MADE ON THE PRINT HERETO ATTACHED, MARKED "EXHIBIT A" AND HEREBY MADE A PART OF THIS AGREEMENT. AS ONE OF THE CONSIDERATIONS FOR THE FOREGOING GRANT THE SECOND PARTY AGREES TO PAY TO THE FIRST PARTY, AT THE OFFICE OF ITS TREASURER IN THE CITY OF CHICAGO, ILLINOIS, THE SUM OF $ 100.00 AS COST OF PREPARATION OF THIS AGREEMENT, PAYABLE IN ADVANCE. 714.90Mf- ANNMt-RP1VFAL EP-'$-------------- -------------- HN. AD""CL r THE GRANT AFORESAID IS MADE UPON THE FOLLOWING EXPRESS CONDITIONS, TERMS AND COVENANTS TO BE OBSERVED, KEPT AND PERFORMED BY THE SECOND PARTY. FIRST: SAID PIPE LINE SHALL BE CONSTRUCTED OF reinforced concrete - Class IV Well 8 ASTM C-76 WHERE IT PASSES UNDERNEATH THE TRACKS OF THE FIRST PARTY .AYD-COA.JLiUiZA,un-•N----__- ----------_N0I4•AGMAFNDFi1A#-a}BtANOl�71ERlST'P}RaT" PAQZY8JiJ1.i1I-DGJILL1L.iAlD-LIALJ{AI/-ei-0R-------------------------------- AND IT SHALL BE NOT MORE THAN 54 INCHES IN DIAMETER, INSIDE MEASUREMENT. SMtr}PCK-MSE AUOLLJiL rur•aGD.--- ------------------------------- {Pi-YNOrwR NE -P MIBT"P11ATM KRRC9<b JNDJCOA.JLD11ZAMr.r --------------- -AN8k1Ra- 3HLRE.T.Q . SAID PIPE SHALL BE LAID AT A UNIFORM GRADE iNW}RfiW46 Ro9B-TIi� RiiHT-�-VHW DE-ZIiEJU�Si-P�oTiL., AND THE TOP OF THE PIPE L INE SHALL BE NOT LESS THAN 4.5 FEET BELOW THE BASE OF RAIL OF SAID TRACKS, NOR AT ANY POINT AT A SUFFICIENTLY SHALLOW DEPTH TO BE AFFECTED BY FROST, AS PROVIDED IN DRAWING ATTACHED HERETO, MARKED "EXHIBIT B" AND MADE A PART OF THIS AGREEMENT. SECOND: THE INSTALLATION OF SAID PIPE LINE, INCLUDING THE DIGGING AND FILLING OF ANY TRENCH THEREFOR AND THE TIME AND MANNER OF DOING ALL OF THE WORK OR OF ANY REPAIRS OR RENEWALS UPON THE FIRST PARTY'S RIGHT OF WAY, SHALL BE AS INDICATED BY ITS CHIEF ENGINEER, OR HIS AUTHORIZED REPRESENTATIVE. ALL OF SAID WORK SHALL BE DONE IN A GOOD AND WORKMANLIKE MANNER, AND IN ACCORDANCE WITH PLANS AND PROFILES TO BE PREPARED BY THE SECOND PARTY AND SUBMITTED FOR APPROVAL TO THE FIRST PARTY'S CHIEF ENGINEER OR HIB AUTHORIZED REPRESENTATIVE, AND UNTIL OUCH APPROVAL IS FIRST HAD SAID WORK UPON THE FIRST PARTY'S PREMISES SHALL NOT BE BEGUN BY THE SECOND PARTY. THIRD: THE FIRST PARTY HEREBY GRANTS UNTO THE SECOND PARTY, ITS OFFICERS, AGENTS AND EMPLOYEE, PERMISSION TO GO UPON THE FIRST PARTY'S RIGHT OF WAY WHENEVER NECESSARY, TO CONSTRUCT, INSPECT, REPAIR OR RENEW THE SAID PIPE LINE. FOURTH: THE FIRST PARTY, NOTWITHSTANDING THE AFORESAID GRANT, SHALL HAVE THE RIGHT TO RETAIN THE TRACKS NOW OPERATED BY IT AT SAID POINT OF CROSSING, AND ALSO SHALL HAVE THE RIGHT AT ANY AND ALL TIMES IN THE FUTURE TO CONSTRUCT, MAINTAIN AND OPERATE OVER SAID PIPE LINE SUCH ADDITIONAL TRACK OR TRACKS AS IT MAY FROM TIME TO TIME ELECT TO LAY. NOTHING SHALL BE DONE OR BUFFERED TO BE DONE BY THE SECOND PARTY THAT WILL IN ANY MANNER IMPAIR THE USEFULNESS OR SAFETY OF THE TRACKS OF THE FIRST PARTY, OR OF SUCH TRACK OR TRACKS AS IT MAY IN FUTURE CONSTRUCT ACROSS OR ABOVE SAID PIPE LINE. FIFTH: THE SECOND PARTY AGREES THAT IT WILL BEAR AND PAY THE ENTIRE COST OF INSTALLING OR CONSTRUCTING, MAINTAINING, REPAIRING AND RENEWING SAID PIPE LINE. SIXTH: THE SECOND PARTY AGREES THAT IT WILL, IMMEDIATELY UPON RECEIPT OF A STATEMENT SHOWING THE AMOUNT THEREOF, PAY ALL COST OF ANY AND ALL WORK PERFORMED UPON THE RIGHT OF WAY AND TRACKS OF THE FIRST PARTY WHICH SHALL BE MADE NECESSARY BY THE CONSTRUCTION, REPAIR, RENEWAL OR PRESENCE THEREON OF SAID PIPE LINE. SEVENTH: THE SECOND PARTY AGREES THAT IT WILL GIVE AMPLE NOTICE IN WRITING TO THE FIRST PARTY OF THE TIME WHEN IT, THE SECOND PARTY, WILL COMMENCE DIGGING THE TRENCH OR DO ANY REPAIRING OR RENEWING UPON THE RIGHT OF WAY OF THE FIRST PARTY, IN ORDER THAT THE FIRST PARTY MAY, IF IT 80 DESIRES, HAVE ITS REPRESENTATIVE PRESENT FOR THE PURPOSE OF DIRECTING SAID WORK 80 THAT THE SAME MAY BE DONE IN A MANNER SATISFACTORY TO IT. EIGHTH: THE SECOND PARTY AGREES THAT BEFORE AND DURING THE DIGGING AND FILLING OF SAID TRENCH, OR AT ANY OTHER TIME, THE FIRST PARTY SHALL HAVE THE RIGHT TO PROVIDE SUCH SAFE AND TEMPORARY STRUCTURES AS IT MAY DEEM NECESSARY FOR SAFELY CARING FOR AND PRESERVING ITS TRACKS, AND THE SECOND PARTY AGREES TO PAY TO THE FIRST PARTY THE ENTIRE COST OF PUTTING IN AND OF REMOVING SUCH TEMPORARY STRUCTURES, AND OF RESTORING THE PROPERTY OF THE FIRST PARTY TO THE SAME CONDITION IN WHICH IT WAS BEFORE THE COMMENCEMENT OF SAID WORK. FROM THE TIME THE TRENCH IS OPENED UNTIL IT IS REFILLED, THE SECOND PARTY AGREES PROPERLY TO POLICE THE SAME, AND TO MAINTAIN LIGHTS AT NIGHT IN AND ABOUT SAID TRENCH, AS MAY BE NECESSARY OR AS IT MAY BE REQUESTED TO DO BY THE FIRST PARTY.- NINTH: THE SECOND PARTY AGREES THAT IF, AT ANY TIME, THE FIRST PARTY SHALL CHANGE THE LOCATION OR GRADE OF ITS TRACK OR TRACKS, NOW OR HEREAFTER LAID AT SAID POINT OF CROSSING, OR SHALL DESIRE TO USE ITS RIGHT OF WAY AT SAID POINT FOR ANY PURPOSE WHATEVER IT WILL CHANGE THE LOCATION OR DEPTH OF SAID PIPE LINE, IF SUCH CHANGE SHALL BE MADE NECESSARY THEREBY, WITHOUT COST OR EXPENSE TO THE FIRST PARTY: AND IF THE SECOND PARTY SHALL FAIL, NEGLECT OR REFUSE TO MAKE SUCH CHANGE FOR A PERIOD OF THIRTY (30) DAYS AFTER THE RECEIPT OF WRITTEN NOTICE FROM THE FIRST PARTY, THEN THE FIRST PARTY MAY FORTHWITH MAKE SUCH CHANGE IN LOCATION OR DEPTH AT THE EXPENSE OF THE SECOND PARTY, AND THE TOTAL COST THEREOF SHALL BE PAID BY THE SECOND PARTY IMMEDIATELY UPON RECEIPT OF A STATEMENT. TENTH: THE SAID PIPE LINE SHALL BE AT ALL TIMES MAINTAINED BY THE SECOND PARTY IN AN ENTIRELY SECURE, SAFE AND SANITARY CONDITION. THE SECOND PARTY SHALL BE CHARGED WITH ALL DUTY, LIABILITY AND OBLIGATION AS TO THE DUE AND PROPER CONSTRUCTION, MAINTENANCE, REPAIR, USE AND OPERATION OF SAID PIPE LINE BENEATH SAID RIGHT OF WAV AND TRACK OR TRACKS OF THE FIRST PARTY, AS WELL AS ON PROPERTY ADJOINING THE FIRST PARTY'S RIGHT OF WAY, 80 THAT NO DAMAGE OF ANY CHARACTER SHALL BE OCCASIONED TO THE FIRST PARTY BY REASON OF THE CONSTRUCTION. MAINTENANCE, USE, OPERATION, OR PRESENCE OF SAID PIPE LINE, BUT IF AT ANY TIME THE FIRST PARTY SHALL CONSIDER THAT THE MANNER OF CONSTRUCTING, MAINTAINING, REPAIRING OR RENEWING, USING AND OPERATING SAID PIPE LINE ADOPTED BY THE SECOND PARTY IS NOT SAFE AND PROPER IN CONSIDERATION OF THE USE BY IT OF THE FIRST PARTY'S PROPERTY, THEN THE SECOND PARTY SHALL AT ONCE, AT ITS OWN EXPENSE, UPON WRITTEN NOTICE FROM THE FIRST PARTY, MAKE SUCH CHANGES OR REPAIRS AS THE FIRST PARTY MAY REQUIRE. SHOULD THE SECOND PARTY FAIL, NEGLECT OR REFUSE TO MAKE SUCH CHANGES OR REPAIRS WITHIN TEN (10) DAYS AFTER THE RECEIPT OF SUCH NOTICE, THE FIRST PARTY MAY MAKE SUCH CHANGES OR REPAIRS AT THE EXPENSE OF THE SECOND PARTY, AND THE TOTAL COST THEREOF SHALL BE PAID BY THE SECOND PARTY IMMEDIATELY UPON RECEIPT OF A STATEMENT, THE OPTIONAL RIGHT OF THE FIRST PARTY TO MAKE SUCH REPAIRS SHALL NOT RELIEVE THE SECOND PARTY FROM THE CONSEQUENCES DUE TO ITS FAILURE PROPERLY TO MAINTAIN SAID PIPE LINE ACCORDING TO THE TERMS OF THIS AGREEMENT. Eleventh: The Second -ty agrees in all respects futo indemnify, save and keep . harmless the First Party, �.. agents and employees, from any and all liability, lose, damage or injury of any kind whatsoever to the property of the First Party, or to the property of others in its possession, as a common carrier, or otherwise, or to the property of others on or adjoining its right of way, or on account of injury to or death of the employes or passengers of the First Party, or on account of injury to or death of others, arising from or in any manner caused by or growing out of the construction, installation,'` want of repair, maintenance, use, operation, or presence of said trench or pipe line upon`;' the right of,way of the First Party, or upon property adjoining the same, irrespective of whether or not such liability, loss, damage, injury, or death shall arise from the negligence of any of such employes, passengers or persons. In consideration of the privilege hereby given Second Party to occupy and use the premises';-• hereunder,.and the benefits and privileges to be derived therefrom, Second Party, in additi6a' to payment of rental as hereinbefore provided, hereby releases First Party from all liability for damage by reason of want or failure at any time of title or possession on the partof• First.Party to any part of the premises covered herein. 'Twelfth: This agreement shall remain in full force and effect as long as Second Party shall continue tq maintain and use said pipe line, except that if Second Party shall fall,' or shall refuse, to observe all the terms and conditions herein contained, and if such failure or refusal shall continue for d'period of Thirty (30) days after written notice thereof'shall have been given by the First Party to the Second Party, First Party may.declere this agreement terminated. In case of termination, the Second Party shall remove from the., right bf way of the First Party said pipe line and shall restore said right of way „ where said line was laid to its condition prior to construction and installation of said pipe line; or upon failure, neglect, or refusal of the Second Party to do so the First Party may make such removal.and restoration, and the total cost thereof shall be paid by the Second Party,.' Thirteenth:''Thia agreement and all of the terms, conditions, rights and obligations''. herein contained shall inure to and be binding upon the First Party, its successora,'leasees,, and asaigns,.and upon the Second Party, and the successors, assigns, lessees, heira,Lexecut- ors,,administrators, legal and personal representatives of Second Party, whether herein -r before so stated or not; but it is distinctly agreed that the Second Party shall not assigq its rights -under this agreement without the written consent of the First Party first had p" , and obtained. IN WITNESS WHEREOF, The parties hereto have caused this agreement to be duly,executedi.;,,'; the day and year first above written. William N. Gibbons, Trustee of the property,`,';','''' c of the CHICAGO, ROCK I ND AND. PAC C ILR COMPANY , Deptor' ssis ant Secretary" e A Operat O�}¢,j, ESYP Con4roc±3 h ROVED: �eane��e O�einti Approved:!/ uperintendent Chief Engineer C. R. I. d P. R It Cyity of Wa'Citv.'.Iowa /V Y _ 3 _ RECEIVED & APPROVED BY .NIM LEGAL,. DEMENT' QHR I '7� qj 961-41, cn Amo r 1, { . �1 4 ` ' p9f3P r ' p I dl tj ��� a •� i�•a�� fr�nR � ` o to v � ,� { wat1 1✓Y/ o �� O SYgj'j -f �Z S •lN — V tO x '9cY9Z6 SBOt 92'3�N rU �+l1 Y�1 ,qQ p . - �3.u.�S •n^'ss,..ns � �� ttiszi � i ;'ivrj( �/ai�rag •n�rs-..fs �s o6¢9i �•orn �2 • r ron =7 �''l. 1 • -✓i_ .l01 SVJl a'U .41 Lv ~ " , O •I ( .Z "1�,. - h V Z3o ac r "'`�aF �•�` b '' �`t�• }�- � P�-y �.. 4• ..SLS__. I AuNl//UA! LENGTH OF OAvno P/PF TO CE I^?5 FEET F: O'l� !.(=ASUr?a9 AT mjt-ir I ANOLCS TO,Till CEN) ERL11V OF N4 ..R I TRACK. ITE`S No. 1 11 BEST AVAILABi.E J4 "" , • SEAL NOT RFOU/RED �' Ir CASING Ei.DS /�//j� i,JO% Cr?OUAV :%HERE is •! /,Y/�. ORri/iv:G: LS A/.:/LA.;LE ------------�•y�><,r�y�-'^r>ly=ire ��=-ICY=�- --�.�- - -� ----_------• IF 'r -- CASING - NON -PRESSURE LINES, WIRES, CABLES, ETC. I ITEM NO. 1-GENERs.L INSTRUCTIONS- /: SCOA - P1110 I INES UNDER THESE S.cFC/F/CAr1OIJS .IRE THOSE /I/STALLED TO CARRY STEASI, 1%ATER OR ; J1Y f/OJ1FL :.'.: IA LE SU9ST, i✓CE 1:i,7Cr/ F.401.1 ITS NATU?£ OR PR SSURE !.:/CHT CAUSE DAIXAGF /F ESCAPING O.V Or? I// 7H3 VICINITY OFRA/LROAD PROPERTY. P: /rVST�:LLAT/^'J: LO:%Prc=S�Ur^c' :A7cr? Plc L/il�S U1:D'r?R /L.^.GAO TPACJ;S,S�"JING DO,"FST/C U°.,7.?S,T;1AT DO NOT E1C-ED 2" JJ! 1 L ETcr? :71[L NOT R-QUJ.?S Ei7CriZz.1CRT. ALL PIPE LINES C.-1.:0.:= 78.4111✓ 2" IN D1A4:cT_-r7 V//LL RECU47E ENCA5'WSJVT P/PF Ei.'CEPT 67HERE SPEC/FIC 'UT;I0,-?17Y /S 0.77AIN=D FRO.W TIIF CHIEF ENGINEER TO CFV/ATE Fr?0:.1 THIS ST.:.:'.! ?.Q �� C.".r:RIiR F1rE G'!✓GER R4/LRD Ti?.".Cri C:' R/G.YT OF �.aY SHI,LL L'= OF gPPrPOVEO COiJS7r'.'UC7/3r^✓ A!/D LAID $O TA'AT NO JOIN TS A175 D/.?EC71Y UND"'r7 7RACAt TIES. �G'.S/i✓v PIP•= AW0 JOINT`$ L!AY SE Or..IIYAPPROV. D CONDUIT CONSTRUCTIONAND SHALL BE CAPACLF GrC%/THST N9/N3 THr LO,'.D OFRA/LROe.✓ PO.D, =D,7rACil Af-'O 7.?A,'FIC;ALSO S;1ALL EF SO 00l1ST ucr.FD .; TO PRE'/E✓1T L54 -1 -GE OFVNY G,'ATTc'P. FP.0.:1 THE C.iSIA'O OR CG: CU/T 7i:?0U5r'.'CU7 /TS LE110TH UNDEr? THE Tr?AC': A!.'D PJ1Ln^0AD RIGHT OF :ir:%E.:'CEPT AT 74T Fi.'75 OF Tih? C ASI,Y.i C.? Ca':OU/T THE ENDS AnL.FFr OP.' -!J. CAS/G'G Si.::_L £= SO INS7,444ED AS TO Pr?fY. INT T1-1--FOZ'.,A7/GN OFA ::. Tom? :%;Y Ui!D=R THE P11LRO AD.CASh,G SHALL EE /4VS7AL4- ED 1717i1 Z/Fil -=SA;1;10 TN:.•^,CJGr/CUT /TS LEilCTH-'.':0 SHALL SLOP,: TO Oi+= END. THE /IJS✓OF C!A.:J=TtR OF THE C.:SING SHALL r T AT LEAST 2' GREATER 7.A=/ THE LARGEST OUT- S47S D.:S•"..�TrR CF CIRRI-"? PIPE JCU✓TS OR COUPL/,NGS. S'S°::LS-a!"-,': TRZ AFAIDS 0.' T.YE C.:SING ARE c=LOi% C.?OUND THEY ShALL F,. .!W .^. 1Y PROTECTED A ':L7ST 7i; E,JT?.Ai'C- Cr FC;-Z10J;:!AT:?r?GJL C= Ci:,?J=R PIPE. TIL? ENDS Cr r;C- CASC✓G Ar?: AT Oil ACC% GROU40 SU,?X!C-T4At1D . G% NIC:/ MITER LEVEL JTC-V L ::Y C= LEFT OPS!✓, PROV/D/NG DRA//.'AGE IS F.FFCr?D=D /N SUVI A 41ANNER TkAT C:74L CF CCE:^YC7EO S::7Y Fr?C.V THZ F04S9-%D AND STAJC7U?.1S. SE.".LS NOT TO BE INS7,:LLED /Al CASING ON CARRIER PIPES THAT CJR,7Y SULSTANCES UNDER A? SSUP,E. O:D_PTH O CACIXG- THE TOP CF 7A'f CASING PIPE ShALL EE EELO:% TAE Fr^,OST LINE L.D AT ITS CLCC!: T PCIArf S;YLL /✓OT Oc LESS TPAN 4/._' FEET CSLG7% BASE OFRi.1r R..:'P•AIL. OH OTHER FO?.r/Oi'S CF TH.SP.:/L?a4D fdGr1T OF 1;;4Y Y✓IERE THE CAS/NG JS!✓OT D/r?, CTLY L. NEATH riNY TRACA' THE DEPTH F,^O,V THE SURrACT CF THE CROUND AAD FPOM THE Z077O..' GF DITCHES TO TAN. TCP CF Tl-.,.FCASING-,SHALL NOT E= LESS TH..i!✓ J FEET. S%HERE IT /S AOT PRACTICAL TO SECU": THF /.' 0VS: DEPTHS, SPECIAL CCIJSTRUCr10N SHALL 5 5 LVED. 714EL'?Td- CASING S.VALL EXTEl10 E.:CH SIDE Fr7O.a THE CENT_P. LINE OF THE CUTS/DE TRACK AT !.'1G.VT AIJu^LZS A GJJAISUP-/ D/ST..NCE OF /2't '[7"ECUALS THE DEPTH OF Tr'.'_ COTTO.:/ OF Ti L= G:SINO -S:LOW . k7GRs'0S) SEE PL.'!J. /F ADD/T/O6„L 7RAC.7S ARE CwST- PUCTFD IN Ti,'_ PUTU?e,7i,'= CASING Si1ALL BE COR;fSPONO/IIGLY EXTcfI?=0. @!SHUT OrF VNLVFS- C%ilfr7E :%4r?RAN750 DY SPY/AL LOCAL COniD/TIC%S,ANO WHEN ,C:UTU.!LLY AGREED TO DY 7".T .'.'1Li:.0AOCO. -UID 7X: C."'N. R OF THE Pli-,E 4INS, ACCESSIDLE E.iERGSNCY S.'lUT OFF VALVES SRrUL r:= l:✓ST.:LL=D C.%THIN EFFECT/VF DISTANCE AT EACH SIDE OF THE CROSSING. D: APP -701'1; L OF FLA!!5- s/H!?E Iris /capes :Cr1C.:CE TO CO„/PLr !%Ira EXHIBIT B vas PL.:/✓, OFYIATION ;.;UST aE APPROVED BY Cf// F ENGINEER. ROCK /SLANG LINES REVISED - TO INCLUDE ALL OTHER CASING PLAN TO ACCOUPANY CONTRACTS PLACED BY JACI:ING OR AUGURING UNDER TRACK. Minimmn roadway, AS SHOWN IN FOR UNDERGRADE PIPE LINE CROSSINGS RED, required for safe Railroad oper- TO CARRY NONFLAMMABLE SUBSTANCES. ation, NO OPEN TRENCHING PERMITTED WITHIN LIMITS CROSSHATCHED UNMESS ADOPTED:AUG./0,/954 BULKHEAD SHEETING OR BRIDGE CONSTRUC TO RETAIN ROr1DWAY FOR TRAFFIC. �f=Ef✓Giil�� f >.OFst CN/�F EFGS'Ju'R Office of Division Engineer, Des Moines, Iowa. Via- PH'=.i%Dc-/ITORc../!✓%JS _•••-:-.f."':'-='t Nov. 20, 1964. ��- RESOLUTION NO. 79-102 6' RESOLUTION APPROVING CLASS C Liquo LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -dor the following named person or persons at the following described location: B.P.O. Elks #590, 637 Foster Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as re�Fe adopted, and upon -Mo T—ceTI there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this �1 Attest: City Clerk AYES: x x 13th NAYS: ABSENT: x day of 'March Mayor 19 79 . ya.ti RESOLUTION NO. 79-103 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: B.P.O. Elks #590, 637 Foster Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts Vevera x U Passed and approved this 13th day of 19 79 Attest: City Clerk Mayor March , yah RESOLUTION NO. 79-104 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIL'= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve Tior the following named person or persons at the following described location: Rugger-uurns Restaurant, Inc. dba/Gringo's, 115 E. College St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution ass rete adopted, and upon ro1T—cert there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of March 19 79 Mayor Attest: City Clerk 4/"07 RESOLUTION NO. 79-105 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Sunday Permit application is hereby approved for t e following named person or persons at the following described location: Rugger -Burns Restaurant, Inc. dba/Gringo's, 115 E. College St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts Vevera x Passed and approved this 19 79 Attest: City Clerk ABSENT: x 13th day of March Mayor 79 RESOLUTION NO. 79-106 RESOLUTION APPROVING CLASS C Liquor LIQUOR CONTROL LICENSE APPLTUTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Liquor Control License application is hereby approved for the following named person or persons at the following described location: Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. .The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Neuhauser and seconded byer that the Resolution as ree�Te adopted, and upon�lcall there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl _x Neuhauser x Perret x Roberts x yevera x Passed and approved this 13th day of March , 19 79 Mayor Attest: City Clerk �7��% RESOLUTION NO. 79-107 RESOLUTION OF APPROVAL OF CLASS C Liquor' SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Sheep's Head, Ltd. dba Sheep's Head Cafe, 209 North Linn St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon ro 1 cel there were: AYES: NAYS: Balmer deProsse x Erdahl x Neuhauser x Perret Roberts Vevera x x Passed and approved this 19 79 Attest: Attest: lit i City Clerk ABSENT: x 13th day of Mayor March , ' RESOLUTION NO. 79-10 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Dennis Ellis dba/O'Brien's at 119 Iowa Ave. in Iowa City, Iowa, has surrendered cigarette permit No. 79-143 expiring June 30 , 19 79 , 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. 79-143 , issued to Dpnnic Fllic dhai0'Brien's be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 25.00 , payable to Dennis Ellis dba/O'Brien's as a refund on cigarette permit No. 79-143 . It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES:ASI YS: ABSENT: Balmer deProsse X Erdahl X_ Neuhacser X Perret X Roberts X Vevera X Passed and approved this 13thdaday of March 1979 Mayor Attest: jla4 "7l�( RESOLUTION NO. 79-109 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Taco Grande of Southeast Iowa, Inc. dba Taco Grande, 331 E. Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Contra' Department. It was moved byand seconded by that the Resolution as readopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of March 199_ Mayor Attest: _� City Clerk yip. G� RESOLUTION NO. 79-110 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Taco Grande of Southeast Iowa, Inc. dba Taco Grande, 331 East Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond; and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th— day of March 19 79 . Mayor Attest:�&L_ City Clerk y/3 RESOLUTION NO. 79-111 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICh'PIDA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class c Liquor Control License application is hereby approved dor the following named person or persons at the following described location: Magoo's Inc., dba Magoo's, 206 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as rete adopted, and upon zoT calT there were: Passed and approved this 13th day of Mayor Attest: City Clerk March 19 79 AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of Mayor Attest: City Clerk March 19 79 RESOLUTION NO. 79-112 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO SELL AN INTEREST IN REAL PROPERTY. WHEREAS, it is in the public interest to locate the new Johnson County jail and Sheriff's offices within Iowa City, and WHEREAS, it is in the public interest to maintain a vista of Old Capitol on the southerly approach, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that: 1. The City Council proposes to convey to the State of Iowa a scenic easement over the Capitol Street right-of-way between the northerly line of Court Street and the northerly line of the Rock Island Railroad right-of-way. Said easement shall be perpetual and shall covenant that no building will ever be built on that right-of-way and that it would be maintained as open space for street or other hon -building use. The easement shall be conveyed for a public purpose and for no consideration. 2. A public hearing shall be held on March 20, 1979, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa at 7:30 P.M. 3. The City Clerk is hereby directed to publish notice of the public hearing. It was mo% d by Neuhauser and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts _ x Vevera Passed and approved this 13th day of March, 1979. MAYOR ATTEST: I TY CLERK RECEIVED d APPROVIM BY THE LEGAL DEP6RTEM RESOLUTION NO. 79-113 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO SELL REAL PROPERTY. WHEREAS, it is in the public interest to locate the new Johnson County jail and Sheriff's offices within Iowa City, and WHEREAS, it is in the public interest to maintain a vista of Old Capitol on the southerly approach, NOW THEREFORE IT RESOLVED BY THE CITY COUNCIL Of IOWA CITY, Iowa, that: 1. The City Council proposes to convey the following real properties, to wit: Harrison Street from the westerly right- of-way of Capitol Street to the easterly right-of-way of Madison Street to the State of Iowa for a public purpose for no consideration. 2. The City Clerk is hereby directed to publish notice of a public hearing. 3. A public hearing shall be held on March 20, 1979, at 7:30 P.M. in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts _ x Vevera Passed and approved this 13th day ATTEST: (i�ZL- CITY CLERK of March, /1979.19/x% / 41t���CZ • MAYOR FTCZIYRD 6 APFROVRU BY TZE LEGAL DFPAi3T= a 7, Ac_ y/e5l RESOLUTION NO. 79-114 RESOLUTION APPROVING FINAL PLAT OF LYN-DEN HEIGHTS SUBDIVISION PART TWO WHEREAS, the owner and proprietor, John D. Oaks and Marie B. Fuhrmeister, have filed with the City Clerk a final plat and subdivision of the following described premises located in 'Johnson County, Iowa, to -wit: Commencing at the Southwest Corner of the East Half (1/2) of the Northeast Quarter (1/4) of Section 36, Township 80 North, Range 6 West of the 5th Principal Meridian; Thence East 573.00 feet to the Point of Beginning; Thence N 00049138"W, 1000.00 feet; Thence East 722.83 feet to the centerline of the County Road; Thence Southeasterly along said intersecting County Road centerline the following courses; S 00136'09"E, 678.25 feet; Thence Southeasterly 220.08 feet on a 300.00 foot radius curve, concave Northeasterly whose 215.18 foot chord bears S 21037'07"E; Thence S 42°38105"E, 165.34 feet; Thence West, 906.80 feet to the Point of Beginning. Said tract of land containing 17.03 acres. WHEREAS, said property is owned by the above named individuals and the dedication has been made with their free consent and in accordance with their desire and intent. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision be accepted and approved. WHEREAS, the subdivision is located outside the corporate limits of the City of Iowa City, Iowa, but within a distance of two miles thereof. WHEREAS, the owners have executed an Agreement with the City of Iowa City, Iowa, pertaining to the dedication of certain improvements upon annexation of the subdivision to the City of Iowa City, Iowa. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Iowa City, Iowa, that said final plat and subdivision located on the above described property be and the same is hereby approved. . ; .z, , ; -:,,:.,d JAN 1 ABBIE STOLTUS, c[V'C CITY CLERK (3) y17 Res. No. 79-114 -2- BE IT RESOLVED FURTHER 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. CITY OF IOWA CITY, IOWA By: �y�CL e5l"r`t� Mayor By: t Cl Aa�Lc� J City Clerk The above and foregoing Resolution was introduced by Council Person Neeu����$$er who moved its adoption. It was seconded y�il Person Balmer After discussion, the following roll was called: Aye: Nay: Absent: x Balmer x deProsse x Erdahl x Neuhauser _ x Perret x Roberts x Vevera WHEREUPON the Mayor declared the motion duly carried and the Resolution duly adopted this 13th day of March , 1979. Mayor Attest: vlc.c c� City C rk /-//9 V ~ t RESOLUTION NO. 79-115 RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY TO THE ECUMENICAL HOUSING CORPORATION WHEREAS, the Ecumenical Housing Corporation, an Iowa corporation, proposes to undertake the development of subsidized housing for the elderly; and, WHEREAS, the City of Iowa City desires to assist this project pursuant to Section 403A of the 1977 Code of Iowa; and, WHEREAS, the City has made public a report and recommendation on housing available within the community; and, WHEREAS, the City Council held a public hearing on said project on September 12, 1978. NOW, THEREFORE, _.i IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the Mayor and City Clerk are hereby authorized and directed to execute the real estate contract by and between the City of Iowa City and the Ecumenical Housing Corporation, said contract being attached hereto and by this reference incorporated herein. BE IT FURTHER RESOLVED that the Mayor and the City Clerk are hereby authorized and directed to execute a deed and to tender said deed to the Ecumenical Housing Corporation in accordance with the provisions of the real estate contract incorporated herein. It was moved by deProsse and seconded by Perret the resolution as read be adopted, and upon roll call there were: that — AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of March 1979. ATTEST:�� �Ootic! City C1 rk Mayor RECEI m & Amir'w H Tfffi IOGAL DP:Pd ? D= >- �/ 9 REAL ESTATE CONTRACT This Agreement dated this /-7 day of /iii 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an Iowa corporation, hereinafter sometimes referred to as Buyer: WITNESSETH: WHEREAS, the City of Iowa City desires to undertake a project to assist the production of low income housing; and, WHEREAS, the City of Iowa City has prepared and made public a report and recommendation regarding the availability of housing within the community, and a majority of the Council has approved such report; and, WHEREAS, the City Council of the City of Iowa City has held a public hearing on a proposed project; and, WHEREAS, the Ecumenical Housing Corporation desires to undertake the production of low income housing. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Seller agrees to sell and convey and the Buyer agrees to purchase the following described real estate located in Johnson County, Iowa, to wit: The east sixty-five feet of Lot 2, Block 61; and, The cast fifty-two feet of Lot 6 and the west fifty feet of Lot 7 of Block 61; all in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. all upon the following terms and conditions: 1. PURCHASE PRICE AND TERMS OF PAYMENT: The Buyer shall pay $ 75,000 to the Seller as 'ie purchase price at the time of closing. 2. TIME OF CLOSING: The closing date shall be on or before September 30, 1979. ya � -Z - DEED AND ABSTRACT: Upon full payment by the Buyer of the amount to be paid by it under this agreement, the Seller agrees to execute and deliver to Buyer a warranty deed conveying the real estate described herein to the Buyer, free and clear of all liens and encumbrances except as otherwise expressly agreed to herein. The Seller agrees to provide to Buyer one or more abstracts of title to said real estate a reasonable time prior to closing showing merchantable title in it in accordance with the Iowa Title Standards and in conformity with the provisions of this contract. The abstract of title shall be continued at Seller's expense to and including the date of this agreement. 4. ASSIGNMENT: Due to the special nature of this contract and the public purposes being served thereby (reference Chapter 403A, 1977 Iowa Code) this contract may not be assigned by either party unless such assignment is expressly authorized in writing by the other party. 5. CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTY: As a specific inducement to Seller to sell the property covered by this contract, Buyer agrees to construct eighty dwelling units of subsidized housing for the low income elderly, the preliminary design plans for which must be approved by the City Council prior to conveyance of title as called for herein. 6. RIGHT OF REVERTER: In the event Buyer is not able to obtain mortgage financing from the U.S. Department of Housing and Urban Development, the property shall revert to the Seller. 7. TIME FOR POSSESSION: Notwithstanding the Time of Closing set forth herein, the Buyer and Seller do hereby mutually agree that the Seller shall retain possession of the property, without cost, until the actual commencement of construction of the improvements described herein. 8. NOTICES AND DEMANDS: A notice, demand, or other communication under the Agree- ment by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and �a r -3- (1) in the case of the Buyer, is addressed to or delivered personally to: The President and Secretary Ecumenical Housing 'Corporation 217 Iowa Avenue Iowa City, Iowa 52240 (2) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. 9. COUNTERPARTS: The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Buyer has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be here- unto duly affixed and attested by its Secretary, on or as of the day first above written. Py IFY City of Ioywwaa City, Iowaa� Mayor ATTEST: City Clerk ECUMENICAL HOUSING CORPORATION Pr sident ATTEST:n ] � _ , i l/ly G/i ecretary yaaL STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this /yL/-/L' day of /% _ , A.D., 19/� , before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared a C'(. ?/p,,AeAti Mayor of the City of Iowa City, Iowa, andAte. City Clerk of said City, each being to be personally known to be it identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. -rL4.c-2m ��CAZO A�1 Notary Public in and for the S e of Iowa STATE OF Sj VJA ) ) SS: COUNTY OF -q-o ffN50/V ) On this��` day of A4 A-kx—H me, a Notary Public, in and for the County o A.D., 19 7`/ before I State of EI, Lto 7r , Secretary, of the Ecumenical Housing Corporation, the Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Nota vlic in and for S9 Cou y tate of ---j/ N RESOLUTION NO. 79-116 RESOLUTION AUTHORIZING EXBC(TPION Of AMENDMENT TO AN AGREEMENT WITH SHIVE-HATTERY AND ASSOCIATES WHEFEAS, the City of Iowa City, Iowa, has negotiated an agreement amendment with Shi -H a copy of said a r�eement� being atta to s Reso u on s reference made a hereof, - and, WHEREAS, the City Council deans it in the public interest to enter into said agreement amendment to add to the Scope of Services of the agreement between the City & Shive-Hattery & Associates for the design of the BDI Special Acceccment Project by including the upgrading of the Hei N lift station in the overall project. The engineering fees are to be paid by BDI. 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 Shive-Hattery & Associates 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by Neuhauser Resolution be adopted, and upon roll scall these were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA passed and approved this 13th day of Mayor ATTEST: City Clerk March , 1979, the Received & Approved By The Legal Department 3 -h 7Y /� SHIVE-HATTERY & ASSOCIATES CONSULTING ENGINEERS HIGHWAY 1 8 1-80 P.O. BOX 1050 IOWA CITY, IOWA 52240 TELEPHONE: (319) 354-3040 Mr. Gene Dietz, P.E City Engineer 410 East Washington Iowa City, Iowa 52240 Dear Gene: March 5, 1979 j James L Shrve. P E 8 L S Donato P Haaery. P & L S Richard 0 Kraloska P E 6 L S Roba,I J NMI PE Francis L. Hallada P E Allen R Baker P E T Michael McMillen. P E John Willers. PE Wilbnm B Conk P F DennisF Whilod PE Michael L KammererP E J E Hawks.P E Row Ionllor PE Larry F Mrngan P E Dario L Johnson P E Donald A Thomas. L S Ronald J. Seddon. L S Dand H Comann. P E. Re: BDI Second Addition We request that our agreement with the City dated July 25, 1978, be amended to include necessary modifications to the existing sewage lift station, commonly referred to as the Heinz lift station. Contract language should be as follows: Paragraph I (Preliminary Phase), add Paragraph "h) modifying the existing Heinz lift station." Section IV under Para rah Pre' iminar Phase, add the sentence "The total fee for Preliminary Phase Item 1-h shall not exceed $6,000." JLS:sd APPROVED: CITY OF IOWA CITY By /,/ Date "'r. —4-iy/ /7719 Atl&kT (- c— C1ITM CEDAR RAPIDS DAVENPORT DES MOINES Very truly yours, SHIVE-HATTEASSOCIATES ames. Shive RECFi Gi"J & L -D BY THE DUBUQUE FT. MADISON IOWA CITY VINTON T a.�- RESOLUTION NO. 79-117 A RESOLUTION ESTABLISHING FEES FOR SERVICES PERFORMED BY THE OFFICE OF CITY CLERK. WHEREAS, every citizen has a right to examine and copy public records and documents, and WHEREAS, Section 68A.3 of the Iowa Code provides that all expenses of such work shall be paid by the person desiring to examine or copy such records, and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need to ensure the protection of public records and to prevent interference with orderly office routine, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The charge for copies of records and documents shall be as follows: Duplicate copies (xerox) Municipal Code 1978 (as set by Council) Municipal Code supplements Duplicate cemetery deeds Recording of cemetery quit claim deeds Recordak copies Ordinances previously multilithed $ .10 each no - ax C/or?ec $45.00-p4es-$r35-tax- S n`� X980 actual pro -rated cost $ 1.00 $ 2.00 $ .50 each $ .02 each side of page 2. No charge will be made for the first 15 minutes for the services of the City Clerk or his/her staff in research, retrieval or copying of records. Inspections of more than 15 minutes will be assessed in quarter hour intervals as follows: A. Non-professional aid or supervision, $1.50 per quarter hour interval. B. Professional aid or supervision, $3.00 per quarter hour. If the service requested cannot be timely completed during regular office hours, a person may request that it be completed after hours. The charge will be based upon the overtime paid to the person providing assistance. The decision to authorize overtime shall be made by the City Clerk, and the City Clerk canno guarantee that the information will be provided in the time requested. y014� RESOLUTION NC 79-117 Page 2 The custodian shall provide an estimate of the cost upon request and the cost shall be paid prior to the delivery of the requested documents or information. It was moved by Balmer and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts _ x Vevera Passed and approved this 13th day of March, 1979. ATTEST: C TY LERK fz ''t� MA OR ' gECEIVED & A ccs TDNT TME EY TgE LEG6L DEP RESOLUTION NO. 79-118 RESOLUTION DESIGNATING THE LOCATION OF THE OFFICIAL BULLETIN BOARD FOR POSTING NOTICE OF, AND TENTATIVE AGENDA FOR, ALL MEETINGS OF THE CITY COUNCIL, ANY COMMITTEE OF THE COUNCIL OR COMMITTEE CREATED BY THE COUNCIL, AND ANY BOARD OR COMMISSION CREATED BY THE COUNCIL, EXCEPT THE IOWA CITY MUNICIPAL AIRPORT COMMISSION AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The official bulletin board for posting notice of, and tentative agenda for, all meetings of the City Council any committee of the Council or committee created by the Council, and any board or commission created by the Council, except the Iowa City Municipal Airport Commission and the Iowa City Library Board of Trustees, is the bulletin board located in the entrance hall of the Civic Center, 410 E. Washington Street, Iowa City, Johnson County, Iowa, to the right of the Washington Street entrance doors. SECTION 2. This resolution is effective upon its passage and approval in accordance with law. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of March, 1979. MAYOR �a P RESOLUTION NO. 79-119 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLIaTION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�or the following named person or persons at the following described location: Harold G.& Delight M. Frantz dba Hal & Dee's, 800 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City ;lerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution as rea a adopted, and upon ro7 ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of March 19 79 Mayor Attest:lu`Q City Clerk -xa9 RESOLUTION NO. 79-120 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Drug Fair, Inc. dba Drug Fair, 121 E. Washington St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th day of March , 19 79 . Mayor Attest: City Clerk l Z13e RESOLUTION NO. 79-121 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 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 3rd day of April , 1979 , 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 Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: R NAYS: ABSENT: BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 20th day of March . 1979 Z•G�.iC=F— %' Mayor ATTEST: C C���, .�.:Liti�.--'✓ City Cle k Received w P,,ppscvz)d By The Legal Capav:;Hent —i�--7�.rr17 �.3/ RESOLUTION NO. 79-122 RESOLUTION AUTHORIZING THE CITY CLERK TO SET A PUBLIC HEARING ON WHETHER A BEER AND LIQUOR LICENSE ISSUED TO THE COPPER DOLLAR OF IOWA CITY, INC. dba/COPPER DOLLAR SHOULD BE REVOKED OR SUSPENDED FOR VIOLATIONS OF LIQUOR REGULATIONS OF THE IOWA CITY MUNICIPAL CODE AND THE CODE OF IOWA. WHEREAS, on June 28, 1978, the City Council issued a liquor control license to Copper Dollar of Iowa City, Inc. doing business as the Copper Dollar, for the purpose of selling and dispensing alcoholic beverages pursuant to State and local laws, and WHEREAS, pursuant to State law and municipal ordinances, the City Council may suspend or revoke any beer and liquor license issued for violations of State and local laws, and WHEREAS, the Police Chief has alleged that the Copper Dollar has violated Section 123.49(2)(b) by selling or dispensing alcoholic beverages and beer and permitting its consumption on the premises after 2:00 A.M. and Section 5-2(5) of the code of ordinances of Iowa City by selling alcoholic beverages or beer to persons when having reasonable cause to believe such persons are under legal age at the Copper Dollar on March 8, 1979. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The City Council schedule a public hearing on whether the liquor control license issued to Copper Dollar of Iowa City, Inc., dba/Copper Dollar on June 28, 1978, should be suspended or revoked on April 10, 1979, at 7:30 P.M. in the Council Chambers of the Civic Center in Iowa City; and FURTHER, that the City Clerk give written notice to Copper Dollar of Iowa City, Inc. dba/Copper Dollar of said hearing. y3..;2- l RESOLUTION 79_»P Page 2 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of March, 1979. �6 ii✓7r'��s�G�r MAYOR ATTEST: (214 - CITY CLERK l "` RECEIVED & APPROVED 8Y -THE LEGAL DEPARTyENZ Council Member deProsse introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Neuhauser seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-123 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Iowa City, Iowa, should issue General Obligation Bonds to the amount of $2,000,000 as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: -2- AHLERS, COONEY. DORWEILER. HAYN IE65MI TH. LAWYER s, DES MOINES. IOWA ��� Section 1. That this Council meet in the Council Chambers in the Civic Center, 410 East Washington Street, at Iowa City, Iowa, at 7:30 o'clock P.M., on the 27th day of March , 1979, for the purpose of taking of action on the matter of the issuance of $2,000,000 General Obligation Bonds for an essen- tial corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of the local share of the construction and design of sanitary sewers and treatment facilities; acquisition of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street -Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment Facility and the River Corridor Trunk Sewer. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: -3- AHLERS, GOONEY, DORWEILER. HAYNIE d SMITH. LAWYERS, DES MOINES, IOWA 5',3 J- NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NG.CICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 27th day of March , 1979, at 7130 o'clock p M., in the Council Chambers of the Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $2,000,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the local share of the construction and design of sanitary sewers and treatment facilities; acquisition of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street -Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment Facility and the River Corridor Trunk Sewer. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 21st day of March , 1979. 9 � City Clerk of Iowa ty, Iowa (End of Notice) -4- ANLERS. COONEY. DORW EILER. HAYN IE 6 SMITH. LAWYERS. DES MOINES, IOWA S�6 PASSED AND APPROVED this 20th day of March , 1979 ATTEST: -5- AHLERS. GOONEY, DORWEILER, HAYNIE & SMITH, LAWYERS, DES MOINES. IOWA %K;7 3/ A _1L RESOLUTION NO. 79-124 RESOLUTION APPROVING FINAL PLAT VILLAGE GREEN SOUTH, PART TWO WHEREAS, the owner and proprietor, Village Green South, Inc. filed with the City Clerk the final plat and subdivision of Village Green South Part Two located on the following described real estate in Iowa City, Johnson County, Iowa, to -wit: Commencing at the center of Section 13, T79N, R6W of the Sth P.M.; thence S 00 39' 00" W, 2650.32 feet along the west line of the SE 1/4 of said Section 13 to the SW corner of the SE 1/4 of said Section 13 and point of be- ginning; thence N 89° 57' 18" E, 900.00 feet along the north line of the NE 1/4 of Section 24, T79N, R6W of the 5th P.M.; thence S 0° 51' 12" W, 989.89 feet to a point on the northerly R.O.W. line of the Chicago, Rock Island and Pacific Railroad; thence N 60° 56' 00" W, 1253.22 feet along said R.O.W. line to the southeasterly corner of Lot 56, Village Green South Addition; thence N 29° 04' 00" E, 150.00 feet along the southeasterly line of said Lot 56 to a point on the southerly R.O.W. line of Dover Street; thence N 55° 38' 39" E, S5.91 feet to a point on the northerly R.O.W. line of Dover Street, said point being the southeasterly corner of Lot 17 of said Addition; thence N 290 04' 00" E, 186.24 feet along the southeasterly line of Lots 17, and 16 to the southeasterly corner of Lot 15 of said Addition; thence N 00 39' 00" E, 54.78 feet along the easterly line of Lot 15 of said Addition to the point of beginning. Said tract containing 16.34 acres more or less. WHEREAS, said real estate is owned by the above named corporation, and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa as amended and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the Planning and Zoning Commission which recommended that said plat and subdivision known as Village Green South Part Two be accepted and approved. 74 /.'/L _ CSAR 1 [i i9 -/o ABBIE S d OLFUS, CMC CITY CLERK (3) Res. No. 79-124 -2- WHEREAS, the owner and proprietor has submitted an agreement for the installation and construction of municipal improvements within said subdivision, and whereas such agreement, to be effective, must be executed by and on behalf of the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described real estate be, and the same is hereby approved, and the dedication of the streets and easements 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. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City of Iowa City the agreement regarding the installation of municipal improvements within Village Green South Part Two. The foregoing resolution was moved by Balmer and seconded by Roberts at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 20th day of March , 1979, commencing at 7:30 P.M. Upon roll call, the following vote was taken: RAI MFR Aye X Nay Absent dePROSSF Aye X Nay Absent ERDAHL Aye X Nay Absent Res. No. 79-124 -3- NEUHAUSER Aye x Nay Absent PERRET Aye x Nay Absent ROBERTS Aye x Nay Absent VEVERA Aye x Nay Absent The foregoing is hereby duly certified by Abbie Stolfus 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 20th d -v of March , 1979. r-. City Clerk of Iowa C ty, Iowa Passed and approved this 20th day of 1979. ATTEST: - CI&I, � , - - City Clerk March rlrdxelvz?�"'e- Mayor / RESOLUTION NO. 79-125 RESOLUTION TO SELL REAL PROPERTY WHEREAS, it is in the public interest to locate the new Johnson County Jail and Sheriff's offices within Iowa City, and WHEREAS, Johnson County, the State of Iowa and the City of Iowa City have negotiated an agreement which will be mutually beneficial, and WHEREAS, it is necessary to convey the following real property to the State of Iowa of to implement this agreement, to wit: Harrison Street from the westerly right-of-way of Capitol to the easternly right-of-way of Madison Street. WHEREAS, the City has by ordinance vacated said real property, and WHEREAS, the City Council of the City of Iowa City did adopt a resolution proposing to sell real property on March 13, 1979, and did hold a public hearing on said proposal on March 20, 1979, after publication of proper notice. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that the Mayor and City Clerk are hereby authorized to execute a quit claim deed to said real property and to convey said real property to the State of Iowa under the terms and conditions set forth in th^ Resolution Proposing to Sell Real Property. It was moved by Balmer and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of Marc 1079 ATTEST: CITY CLERK EECEIPED 6 APPROVED BY THE IXGAL DEPAHTWT A7 C IOWA STATE EAR ASSOCIATIC FOR THE LEGAL EFFECT OF THE USE Official Rrw No. 4 ansoamea arasawe, arae se s.w asars OF THIS FORM, CONSULT YOUR LAWYER n QUIT CLAIM DEED knoW Sill :Men 6p Irbea Vrtgentg: That the City of Iowa City, a municipal corporation _, ]a�aci�mottaatmfidbatiaomcx£ by gift for a public purpose in hand paid do hereby Quit Claim unto State of Iowa Grantees' Address: all our right, title, interest, estate, claim and demand in the following described real estate situated in Johnson County, Iowa, to -wit: Harrison Street from the westerly right of way of Capitol Street to the easterly right of way of Madison Street in Iowa City. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described premises. Words and phrases herein. including acknowledgment hereof, shell be construed as in the singular or plural number. and as masculine feminine or neuter gender, according to the context. Signed this day of `>>'� ^ J —, 19 esa .j,. •e• T• s.. cn.1.1 orae Robert A. Vevera, Mayo+L�CS� ne IM Attest: sees STATE OF IOWA, COUNTY OF SS. Abbie Stolfus, City Cferk mas M, On this day of A. D. 19_ CTTV OF TOWA CITY asse sees before me. the undersigned, a Notary Public in and for the as.s State of Iowa. personally appeared 410 E. Washington St. ((:rasters' Address) to me known to be the identical persons named in and who executed the foregoing instrument. and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa From the above named Grantors to the above named Grantees - STATE OF IOWA Filed for record this day of , A. D. 19_, COUNTY OF $s at o'clock _M., and recorded in Book of on page Deputy FEE, E Paid a Recorder WHEN RECORDED RETURN TO (Name) (Addrewl ..._.. _ _ 4. QUIT CLAIM DEED TO THE RECORDER: ONLY TO THE EXTENT THAT ONE OR BOTH OF THE ACKNOWLEDGMENTS HEREUNDER ARE DULY EXECUTED SHOULD THE PRINTED MATTER BELOW BE MADE OF RECORD AS A PART OF THIS DEED. STATEOF .... ................... .............. ............................. ......... _...... ...COUNTY, ss: On this .... .............. day of.......... _............. ..... ... .... ... A. D. 19........ _, before me, the undersigned, a Notary Public in and for said County and State, personally appeared . .....__.......... . ... .... ................................. __ . ....._._. .. ....... ... .. ._...... ......... .. ..... .. .... .......... .--` .............. ._............. ....... _..... ... .._.. ......... ._..._ .... .. ........ _.._.... .... ............. .......... ... .......... ............ .... ........... to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ................................. . . . Notary Public in and for said County and State STATE OF........IOWA COUNTY OF JOHNSON . J tss: .g_ ...... .......... On this --2tday of ....... ...RL,Q.-er- c. -2K ... _.._, A. D. 19. 79.... , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Ro.be.rt A...Vevera... .___................ . and . ............... bb1e.... Sto.l.fus._.............. _........... -, to me personally known, who, being by me duly sworn, did say that ITY they are the ...Mayor. .... ..... ,and .... City Clerk, , ..... respectively, of said =C ; ..... that (xac>maixkaExh mxpmcoxgck pxttmx%3'* zmgmkrtior; that said instrument was signed (and sealed) on behalf (the seal affixed thereto is the seal of said) CITY CITY Robert C UNCIL RoA. Vevera of said corporation by authority of its �Ixandx >E3i=ftxK and that the said .... rt _.. _...... _ _. ... and . ........ Abbi.e..S,toZ.fus ............ as such officers acknowledged the execution of said instrument to be the volun- tary act and deed of said CCc�mxfdxx by it and by them voluntarily executed. CITY 1 l J 0j 1AIA.fl- L&A/.... I.ICK.H.a.F.r......... .... _... ...... . Notary Public in and for said County and State /'5 i8 Z' o P < m I P m0 m o. < CP/ m U d ° a c H v c o Z ° U i ° 2 w w o i I K m i I I -°O �^ U `O K O L I () O I O I j < I �. p L O i I -0Z c- m < a I i ! C0 V n o m O W m /'5 RESOLUTION NO. 79-126 RESOLUTION TO SELL AN INTEREST IN REAL PROPERTY. WHEREAS, it is in the public interest to locate the new Johnson County Jail and Sheriff's Office within Iowa City, and WHEREAS, Johnson County, the State of Iowa and the City of Iowa City have negotiated an agreement which will be mutually beneficial, WHEREAS, it is necessary to convey the following interest in real property to the State of Iowa, to -wit: a scenic easement over the Capitol Street right-of-way between the northerly line of Court Street and the northerly line of the Rock Island right-of-way. Said easement shall be perpetual and shall covenant that no building will ever be built on that right-of-way and that it would be maintained as open space for street or other non -building use. WHEREAS, the City Council of the City of Iowa City did adopt a resolution proposing to sell an interest in real property on March 13, 1979, and did hold a public hearing on said proposal on March 20, 1979, after publication of proper notice. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: that the Mayor and City Clerk are hereby authorized to execute a quit claim deed to convey to the State of Iowa a scenic easement under the terms and conditions set forth in the resolution proposing to sell an interest in real property passed and approved on March 13, 1979. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of March 1979. MAYOR / ATTEST: >� CITY CLERK pyrymn & APFROYED pi T E LEGAL DUAHTMT .L.�L1y SCENIC EASEMENT This agreement made and entered into this ,;?,7,V day of 4�&A,4 , , 1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as City and the State of Iowa, hereinafter referred to as State. The City hereby agrees to convey to the State of Iowa, its successors and assigns, a scenic easement and right in perpetuity to control and restrict, in accordance with the terms and conditions hereinafter prescribed, the use and development of the parcel of real property in Johnson County, Iowa described as follows: The right-of-way of Capitol Street between the northerly line of Court Street and the northerly line of the Rock Island Railroad right-of- way. The City, as grantor, covenants that: 1. No structure shall be placed on or constructed in the area described herein. 2. The area described herein shall be maintained as a street, open space or for another use which does not require structures. Nothir- in this agreement shall be construed to affect the right of the grantor to lay or maintain pipelines, conduits, or drains below the surface of the area described herein. IN WITNESS WHEREOF, grantor has caused this instrument to be executed on the may of1979. MAYOR Attest: &4L CITY CLERK -Y V / 2 STATE OF IOWA ) SS: JOHNSON COUNTY ) On thisA-day of ahc l 1979, before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared Robert A. Vevera, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. Notary Public in and rdr Johnson County, Iowa X76 `l RESOLUTION NO. 79-127 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 93-3 WHEREAS, the City Council of the City of Iowa City, Iowa, has solicitated Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS, the City Council has, under the terms of the land disposition agree- ment, reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS, Robert and Anna Rath have submitted preliminary design plans for the redevelopment of Parcel(s) 93-3 in the Iowa City Urban Renewal Project; and, WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the C-ty Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by Robert and Anna Rath for the redevelopment of Parcel(s) 93-3 are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer x deProsse x Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 20th day of March 1979. a / ATTEST: zu ,,/,c_ 62 ZZ City ClerV Mayor RECEIVED & APPROVED WE LEGAL EPIRTMERT g -34 -11 ��7 a r � ATTAMMENT A TO RESOLUTION NO. 79-141 The approval of the preliminary design plans for the redevelopment of Parcel(s) 93-3 submitted by Robert and Anna Rath as set forth in Resolution No. 79-127 , dated March 20 1979 is hereby made subject to the following conditions or reservations. 1. The developer shall substitute ash or maple trees for the hawthorne trees shown on the plans. 2. The developer shall revise color selections as follows: use the dark brown siding; use a dark brown brick selected to match the siding; and use the black shingle. 3. The developer may substitute the natural wood for the brick if they so desire. 4. The City reserves the right to review exterior lighting prior to installation. l� RESOLUTION NO. 79-128 RESOLUTION AUTHORIZING THE STAFF TO INITIATE LAND ACQUISITION PROCEDURES FOR THE SOUTH GILBERT STREET PROJECT WHEREAS, the City of Iowa City is undertaking a street improvement project known as the South Gilbert Street Project; and, WHEREAS, the City of Iowa City has entered into an agreement with the Iowa Department of Transportation for this project; and, WHEREAS, Section 7 of said agreement states that the City shall carry out land acquisition for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the City Manager and staff are hereby authorized and directed to initiate land acquisition procedures in accordance with applicable state and federal regula- tions, for the South Gilbert Street Project. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Balmer Y deProsse Y Erdahl Y Neuhauser Y Perrot Y Roberts Y Vevera Passed and approved this 20th day of ATTEST: ar(z.1z'/_ ( ^�tyClery March Mayor RECEIVED & APPROVTD BY THE LEGAL DEPARTMM 1979. '�IYy RESOLUTION NO. 79-129 RESOLUTION AMENDING BUDGET AUTHORIZATION RESOLUTION NO. 78-128 FOR THE PUBLIC WORKS DEPARTMENT, EQUIPMENT DIVISION WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely on the action of the City Council referred to as classified personnel, and, WHEREAS, it is necessary to amend the FY79 Budget as authorized by Resolution No. 78-128, NOW, THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Resolution No. 78-128 be amended as follows: 1) Establishing one (1) Shop Supervisor position in the Equipment Division of the Public Works Department in range 10. 2) By the addition of one (1) Senior Mechanic position to the Public Works Department budget, Equipment Division, and, 3) By the addition of one (1) Mechanic I position to the Public Works Department, Equipment Division, and, 4) By the elimination of two (2) Maintenance Worker I positions to the Public Works Department budget, Equipment Division. It was moved by Roberts and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20thday of March 1979 Mayor ATTEST: RECEIVED & /c / City Clerk $E THE LEGAL DErARTRENT RESOLUTION NO. 79-130 RESOLUTION AUTHORIZING EXECUTION OF A.CONTRACT BETWEEN JOHN R. SUCHOMEL AND THE CITY OF IOWA CITY, IOWA, FOR STREET, SIDEWALK AND ALLEY CLEANUP IN THE DOWNTOWN IOWA CITY AREA. WHEREAS, it is appropriate for the City of Iowa City to provide for alley, sidewalk and curbing services in the downtown Iowa City area, and WHEREAS, John R. Suchomel of Iowa City, Iowa, has demonstrated an interest in performing this work. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City of Iowa City, Iowa, enter into a contract with John R. Suchomel for the performance of the above stated duties, a copy of which contract is attached to this resolution, and by this reference made a part hereof. 2. That the Mayor be authorized to sign, and the City Clerk to attest, the contract and this resolution. It was moved by Balmer and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 20th day of March 1979. MAYOR ATTEST: CITY CLERK REti.',P:':rD I F. f 7 BY THE LEGAL L'L.ShIMENT iLJ`�l CONTRACT On this_.�0 Mu day of �J„R���/i 1979, John R. Suchomel (hereinafter Suchomel), and the City of Iowa City, Iowa (hereinafter the City), do hereby enter into the following contract for cleanup services to be provided to the City by John R. Suchomel. 1. This contract shall take effect on March 1, 1979, and shall continue until such time as it is amended in writing by mutual agreement of the parties, or terminated in accordance with Section Two (2) below. 2. Either party may terminate this contract by giving sixty (60) days notice in writing to the other party. 3. Suchomel's responsibilities under this contract are the clean up of alleys, sidewalks, and the public street near the curbing, in the downtown area of Iowa City, Iowa, bounded by Iowa Avenue on the north, Van Buren Street on the east, Burlington Street on the south, and Clinton Street on the west, to include sidewalks and the public street near the curbing on the outer edges of the aforementioned boundary streets. Suchomel will also be responsible for the island area which divides Iowa Avenue, the old post office parking lot, the parking lot east of the Penneys stor,, and the parking lot located between Linn, College, Dubuque and Burlington Streets. Specifically, Suchomel shall be responsible for cleaning up all large pieces of paper, cans, and bottles on the said alleys, sidewalks, and curbing area unless the bottles shall be greatly broken and fragmented. 4. Suchomel shall have no specific hours of work. He shall cover the entire area at least once per week, weather permitting. Contract Page 2 5. If Suchomel has questions or problems concerning the performance of his contractual duties, they should be presented to the Director of Parks and Recreation. 6. For the performance of this work, Suchomel will receive from the City the sum of $214.00 per month, and no other monies or benefits of any kind. 7. Suchomel will not be required to perform under this contract for two (2) weeks of his choosing for the duration of the contract and he shall notify the Director of Parks and Recreation of the weeks or parts thereof in which he selects not to perform. 8. John Suchomel will be able to dispose of as he sees fit all materials, bottles, and cans that he collects while performing his contractual duties, and to keep any proceeds therefrom. This contract shall be executed in triplicate, and both parties agree that there is no other consideration of any kind that will be granted or that has in any way been promised to either party, and that all consideration and contractual terms have been reduced to writing in this agreement. RECEIVED & APPPOI'ED BY Tim: 1.`C: ; '"- IT Mayor Sohn R. Suchomel aL'14 ATTEST: City Clerk Date `/�� RESOLUTION NO. 79-131 RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENT WITH THE JOHNSON COUNTY/MUNICIPAL CIVIL DEFENSE AGENCY. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the Johnson County/Municipal Civil Defense Agency, a copy of said agreement being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement to establish procedures whereby the Johnson County/Municipal Civil Defense Agency will direct and monitor monthly tests of the siren system and will be authorized to request maintenance for inoperable or malfunctioning sirens on behalf of the City of Iowa City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Johnson County/Municipal Civil Defense Agency. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of March , 1979. „ ? Lnn ATTEST: / J ?� Ci TY CLERK 4 � dj�'I / MAYO R RECEIVED & APPROVZD B�,TEU� MAL Dr RTK&% `J_n'� -3j lb I `f AGREEMENT THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, (hereinafter Iowa City) and the Johnson County/Municipal Civil Defense Agency, (hereinafter the Civil Defense Agency). WHEREAS, the Civil Defense Agency has received federal assistance for the Civil Defense Siren System for the Iowa City -Warning Program, and has subsequently installed a unit defense siren system within the city limits of Iowa City; and WHEREAS, the encoder is located in, and operated by the Johnson County Sheriff's Office; and the Civil Defense Agency will direct and monitor monthly tests of the siren system to ensure proper operation; and WHEREAS, pursuant to Chapter 28E of the Code of Iowa, Iowa City and the Civil Defense Agency wish to enter into an agreement that will permit the Civil Defense Agency to request maintenance for inoperable or malfunctioning sirens on behalf of Iowa City. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and the Civil Defense Agency as follows: 1. TERM. The term of this agreement shall commence upon the effective date of this Agreement and shall continue unless terminated as provided herein. 2. TERMINATION. This agreement may be terminated by either party by giving notice to the other as prescribed in this Agreement sixty (60) days in advance of the date of the proposed termination. 3. OPERATION. The Civil Defense Agency will direct and monitor the monthly tests of the siren system, and shall be responsible for the maintenance of the siren system. Following approval from Iowa City, the Civil Defense Agency is authorized to arrange for maintenance for any and all existing sirens reported as inoperable or malfunctioning as a result of the monthly tests, or for any other required repairs. Improvements or additions to the existing system may not be authorized by the Civil Defense Agency without prior written approval from Iowa City. 4. MAINTENANCE/REPAIR COSTS. All maintenance/repair costs incurred for the Civil Defense Siren System located in Iowa City will be borne by Iowa City. Payment will be made upon receipt of vendor's invoice for main- tenance/repair work previously authorized by the Civil Defense Agency. J 5. NOTICES. All notices required by this agreement to be given to Iowa City shall be made by mailing, by ordinary mail, a letter to the Purchasing Agent, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. All notices required by this agreement to be given to the Civil Defense Agency shall be made by mailing, by ordinary mail, a letter to the Johnson County/Municipal Civil Defense Agency, Johnson County Courthouse, Iowa City, Iowa,52240. All notices shall be effec- tive upon mailing. Nothing contained in this paragraph shall prevent additional or other notice being given or giving notice which would exceed the requirements of this paragraph. 6. OBLIGATIONS NOT EXCUSED. This agreement does not relieve Iowa City or the Civil Defense Agency of any obligation or responsibility imposed upon it by law. 7. LIABILITY. The Civil Defense Agency agrees to defend, indemnify and hold harmless Iowa City and its officers, employees, and agents, from any and all liability for all demands, claims, suits, actions, or causes of action in any way arising out of the performance of this agreement, or any actions related thereto which are the responsibility of the Civil Defense Agency. 8. FILING AND RECORDING. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 15th day of MARCH , 1979• CITY OF IOWA CITY, IOWA BY: 6"e:1��Pt�ti Robert V�Iev`era, Mayor ATTEST: Abbie Stolfus, City Cjbrk JOHNSON COUNTY/MUNICIPAL CIVIL DEFENSEgAAGGENCY BY:/.tea George J. d'ilek,(/�2`haid:�,6rson ATTEST Emmett Evans, C.D. Asst WY,I'JED & A=07= By TEL LEGAL D ARTME21T R"B :3(1-.5 -lq G\ RESOLUTION NO. 79-132 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: Lon's Gas and Grocery, 105 E. Burlington It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Mayor Attest: )/ars City Clerk March , AYES: NAYS: ABSENT: Balmer x deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 27th day of 19 79 Mayor Attest: )/ars City Clerk March , March 27 , 1979 The Council of the City of Iowa City, Iowa, met in regular session, in the Council Chambers at the Civic Center, 41U Cast Washington Street, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor Robert A.Tevera , in the chair, and the following named Council Members: Balmer, deProsse Erdahl, Perret and VavnrR Absent: Neuhauser and Roberts 1 -1- AHLERS. COONEY. DORWEILER. HAYNIE 5 SMITH. LAWYERS. DEB MOINES. IOWA The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of $2,000,000 General Obligation Bonds in order to provide funds to pay costs of the local,share of the construction and design of sanitary sewers and treatment facilities; acquisi- tion of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improve- ments designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street - Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment Facility and the River Corridor Trunk Sewer, an essential corporate purpose, and that notice of the proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objec- tions had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- AHLERS. GOONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES, IOWA _ T' The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Balmer introduced anc delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS", and moved its adoption. Council Member deProsse seconded the motion to adopt. The roll was called and the vote was, AYES: deProsse, Erdahl, Perret, Vevera Balmer NAYS". none Absent: Neuhauser, Roberts Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 79-133 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of $2,000,000 General Obligation Bonds for the essential cor- porate purpose of paying costs of the local share of the construction and design of sanitary sewers and treatment faci- lities; acquisition of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street - Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment Facility and the River Corridor Trunk Sewer; and has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City a_,d residents thereof: -3- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH, LAWYERS. DES MOINES. IOWA 4�D NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby institute pro- ceedings and takes additional action for the sale and issuance in the manner required by law of $2,000,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City,and acceptable to the Council. PASSED AND APPROVED this 27th day of March , 1979. ATTEST: Clerk t/ 0GG•�n�� Mayor -4- AHLERS, COONEY. DORWEILER. HAYN IE&SMI TH. LAWYERS. DES MOINES. IOWA 1 Council Member Perret introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,500,000 GENERAL OBLIGATION BONDS", and moved its adoption. Council Member Balmer seconded the motion to adopt. The roll was called and the vote was, AYES: Balmer, deProsse, Erdahl, Perret, Vevera NAYS: none Absent: Neuhauser, o er s Whereupon,. the Mayor declared the resolution duly adopted as follows: Resolution No. 79-134 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $5,500,000 GENERAL OBLIGATION BONDS WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of the local share of the construction and design of sanitary sewers and treatment facilities; acquisition of land therefor and for street right of way; and the construc- tion, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street - Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment Facility and the River Corridor Trunk Sewer, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $2,000,000, as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on March 27 , 1979, upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the -5- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA / �6 Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City of Iowa City, Iowa, is in need of funds to pay costs of acquiring, constructing and equipping a city public library, a general corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $3,500,000, as authorized by Section 384.26 of the City Code of Iowa; and WHEREAS, this Council, pursuant to Section 384.26 of the City Code of Iowa, did legally call a special City election, fixing the time and place thereof and did legally submit to the qualified electors of said City the proposition of issuing general obligation bonds in an amount not exceeding $3,500,000 for the purpose of providing funds to pay costs of the above described general corporate purpose project, and did give legal sufficient and timely notice of the election and the time, place and purpose thereof; and that said special City election was duly and legally held and conducted on November 7, 1978, all in strict compliance with the law and the orders of said Council and the County Commissioner of Elections, and the affirmative vote on said proposition was equal to more than 608 of the total vote cast for and against said proposition and said proposition was declared duly adopted; and WHEREAS, pursuant to Section 384.28 of the' City Code of Iowa, it is deemed appropriate that the various general obli- gation bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as hereinafter set forth: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said bonds for two successive weeks in the Press -Citizen, a legal newspaper, printed wholly in the English language, published in the City of Iowa City, County -6- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA / �b of Johnson, State of Iowa, such newspaper being located in the County where the bonds are to be offered for sale, pursuant to the provisions of Chapter 75 of the Code of Iowa, said notice to state that this Council on the '17thday of April 1979, at 1:00 o'clock P .M., whold a ill meeting to receive and act upon bids for said bonds; said notice to be in substantially the form attached hereto. PASSED AND APPROVED, this 27th day of March 1979.�� Mayor ATTEST: Clerk / See Official Notice of Sale attached. -7- AHLERS. GOONEY. DORWEILER, HAYNIE& SMITH. LAWYERS, DES MOINES. IOWA /� OFFICIAL NOTICE OF SAL' $5,500,000 CITY OF IOWA CITY, IOWA General Obligation Bonds Sealed bids will be received until 1:00 P.M., Local Time, on the 17th day of April, 1979, at the office of the City Clerk in the Civic Center, Iowa City, Iowa, for the purchase of $5,500,000 General Obligation Bonds of the City of Iowa City, Iowa. Promptly thereafter open bids will be called for in the Council Chambers at the meeting of the City Council of said City to be then held In the Civic Center in said City. If no open bids are then made, such bidding will then be closed but if commenced, will be concluded not later than 1:30 P.M. on the date of sale. After the best open bid, if any, has been determined, the sealed bids will be publicly opened. All bids will then be referred to the City Council of said City and the bonds will be sold to the highest bidder for cash. Sealed bids will be fully protected and will remain sealed until open bidding has been con- cluded. Said bonds will be payable at the office of the City Treasurer and will be coupon bonds registrable as to principal only, will be dated May 1, 1979, be in the denomination of $5,000, bear interest payable December 1, 1979 and semiannually thereafter on the first days of June and December in each year, and mature serially on June 1 of each of the respective years as follows: MATURITIES - June $500,000 .......... 1982 $500,000 .......... 1986 $500,000 .......... 1989 500,000 .......... 1983 500,000 .......... 1987 500,000 .......... 1990 500,000 .......... 1984 500,000 .......... 1988 500,000 .......... 1991 500,000 .......... 1985 500,000 .......... 1992 None of said bonds are optional for redemption prior to maturity. These bonds constitute general obligations of the City payable from taxes levied upon all the taxable property in the City without limitation as to rate or amount. Bidders shall specify the interest rate or rates which the respective bonds shall bear, not exceeding 7%, in multiples of one-quarter or one-tenth of one percent (1/4 or 1/10 of l;), provided that only one rate shall be specified for a single maturity and not more than three (3) rates may be named. Repeating a pre- viously mentioned interest rate will not constitute an additional interest rate. The highest rate bid for the bonds shall not exceed the lowest rate by more than one percent 0%) per annum. Each installment of interest will be represented by a single coupon on each bond and no supplemental coupons will be permitted. All bids must be for all of the bonds, must be for not less than $5,500,000.plus accrued in- terest from May 1, 1979, to the date of delivery, must be made upon the Official Bid Form and delivered in a sealed envelope marked "Bid for Bonds." The bonds will be awarded to the best bidder determined upon the basis of the lowest total interest cost at the rate or rates designated in his bid from May 1, 1979, to the respective maturity dates, after deducting any premium. The bonds will be delivered without expense to the purchaser in Des Moines, Iowa, or Chicago, Illinois, at any mutually agreeable bank or trust company, against full payment in immediately available cash or federal funds. The bonds are expected to be delivered within thirty days after the sale. Should delivery be de- layed beyond sixty days from date of sale for any reason without the fault of the issuer, or except failure of performance by the purchaser, the purchaser may with- draw his check and thereafter his interest in and liability for the bonds will cease. (When the bonds are ready for delivery, the issuer will give the successful bidder five working days notice of the delivery date and the issuer will expect payment in full on that date, otherwise reserving the right at its option to deter- mine that the bidder has failed to comply with the offer of purchase.) Said bonds will be sold subject to the approving opinion of Ahlers, Cooney, Dorweiler, Haynie 6 Smith, Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished, together with the printed bonds, without cost to the purchaser and all bids will be so conditioned. Except to the extent nec- essary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or com- pleteness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. The opinion will be printed on the back of the bonds. �. ::.< :. [ .: t 3' �' 1 .illi 1 � : + •-1 [�-:: ':_ •''[[� .•. [.....:..'�i8.8S..s'w:e:Lr-:..'•u Waa........•4 @.i.a.,:' i �. �}s, r.�i.. : •.za. � � '--..-... All bids shall be accompanied by a certified check or cashier's check drawn upon a solvent bank doing business in the United States, in favor of the City, In the amount of $110,000. The proceeds of said check will be forfeited as liquidated damages in case the bidder to whom said bonds are awarded should with- draw his bid or fail to complete his purchase in accordance with the terms thereof. Checks of unsuccessful bidders will be returned promptly and no interest will be allowed on any checks. The check of the successful bidder will otherwise be re- turned or applied on the purchase price at delivery at the option of the City. The City Council reserves the right to waive informalities in any bid, to reject any or all bids and to determine in its sole discretion the best bid. The City Council has authorized the preparation of an Official Statement containing pertinent information relative to the City. For copies of that State- ment, the Official Notice of Sale and Official Bid Form, or for any additional in- formation, any prospective purchaser is referred to the Municipal Finance Consul- tants to the City, Paul D. Speer & Associates, Inc., 55 East Monroe Street, Chicago, Illinois 60603• Telephone: Area 312 - 346-0858. By order of the City Council of the City of Iowa City, Iowa. 1979 r-, /s/ ABBIE STOLFUS City Clerk - 116,6 l r J RESOLUTION NO. 79-135 A RESOLUTION IMPOSING WEIGHT RESTRICTIONS UPON VEHICLES TRAVELING ROHRET ROAD WHEREAS, pursuant to State law the City Council may limit traffic upon streets and public thoroughfares for reasons of public health and safety, and WHEREAS, the City Traffic Engineer has determined there exists a hazardous condition upon Rohret Road in Iowa City, Iowa, from its inter- section with Mormon Trek Boulevard to the west City limits in that the pavement on said street will deteriorate due to current and past weather conditions, and WHEREAS, the City Council finds that said street portion should have a weight limit imposed upon such vehicles until said weather conditions abate. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that (1) The following street have a weight limitation of 4 tons imposed upon vehicles traveling thereon: Rohret Road from its intersection with Mormon Trek Boulevard to the west City limits. (2) The City Traffic Engineer be authorized to post signs specifying these restrictions. It was moved by Balmer and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl _ x Neuhauser x Perret _ x Roberts x Vevera Passed and approved this 27th day of March 1979. Robert A. Vevera, Mayor Attest: BICE( a Deputy City Clerk HC=ITffi) & APPROM B 3 23__ � N ) RESOLUTION NO. 79-136 RESOLUTION AWARDING BIDS FOR SENIOR CENTER FURNITURE TO BE ACQUIRED WITH FUNDING AVAILABLE UNDER TITLE V OF THE OLDER AMERICANS ACT OF 1965. WHEREAS, the City of Iowa City has contracted with Wehner, Nowysz, Pattschull, & Pfiffner, a local architectural firm, to review information from agencies, senior citizens, and the architectural program, and develop recommended furniture and specifications for rooms in the proposed Iowa City senior center, and WHEREAS, formal advertisement for bids was published March 2, 1979, followed by a formal bid opening March 23, 1979, at which time five bids were received, and WHEREAS, the architects and City staff have reviewed and evaluated each bid in comparison with prescribed furniture specifications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Iowa City, Iowa, that the following bids be accepted: 1. the bids of Younkers of Des Moines, Iowa, in the amount of $8,500 for furniture group A -- Madison, and $6,681.50 for furniture group D -- Howe, and $589 for furniture group G -- Peter Pepper, $114 for furniture I -- George Kolvacs, and $839 for furniture group J -- Monarch; and 2. the bids of Saxton Inc. of Cedar Rapids, Iowa, in the amount of $3,394 for furniture group B -- Rudd, and $6,476 for furniture group C -- Condi ; and 3. the bid of Frohwein Office Supply Company of Iowa City, Iowa, in the amount of $19,890 for furnishing group E -- Steelcase; and 4. the bid of Pioneer, Inc. of Cedar Rapids, Iowa, in the amount of $697.70 for furnishing group F -- Howard Miller and $565.52 for furnishing group H -- David Morgan. Purchases will be made from successful bidders in accordance with the specifications document "Furnishings and Equipment (I) Senior Citizen Center, Iowa City, Iowa" and the bid document received for said furnishing group from the successful bidder. Using unit prices submitted by bidders, actual quantities of furniture may be altered slightly. Contracts will be awarded expending the total amount of Title V funds $48,443.00. " �O RESOLUTION N- 79-136 Page 2 It was moved by Perret and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 27th day of March, 1979.97 MAYOR ATTEST: '7/c-15;. '� . 3ke� , ��«-/y CITY CL RK 7 RTCEM,D 6 APPR ID ]BY TU LECAIEP %TNENT wIt'1j �11-9 RECEIVED APR2 6 1979 CONTRACT THIS AGREEMENT, made and entered into this 4th day of April, 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Pioneer, 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 23rd day of March, 1979, for Furnishings and Equipment I, Senior Citizens Center, Iowa City, Iowa 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. Notice of Public Hearing and Advertisement for Bids. C. Special Provisions d. Proposal e. 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 three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. 8y ,� if E"lC- i •✓e.r-kSea1 (Title) Mayor ATTEST: O,ZL- (Title) City Clerk Awarded Contract for: Group F (Howard Miller) Group H (David Morgan) A ATTEST: (Title) Company 0 icial) $ 697.70 565.52 1,263.22 TOTAL With the addition in Group F (Howard Miller) of: 1 (one) station master clock #622-532 @ $66.67 = $66.67 $1,263.22 + 66.67 1,329.89 GRAND TOTAL U,CI;7V-- a F713VFn BY THE I,EGnl. DKPAI '• STATE OF IOWA ) ) SS: COUNTY OF JOHNSON) On this jj,% day of A.D., 19%f , before me, a Notary Public duly commissioned and qualifiecV in and for said County and State, personally appeared , Mayor of the City of Iowa City, Iowa; and ZZLej City Clerk of said City, each being to me personally known to be the identi 1 Perand officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. (&Z, A _/ 2A11 Notary Public in and forfye State of Iowa STATE OF SS: COUNTY OF �� ) On this 4tday of } fin an4 , A.D., 197 cl, before me, a Notary Publici, n and for the County of 0 TIA 111ZI-__� State ofa I.Q urs President, anretary, o the Corporation w is execute t e a ove and foregoing instrument, who being to me known as the identical persons whc signed the foregoing instrument,� a��pp by me duly sworn, each for himself, did say that they are respectively the Pfe rd ht and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. ' Notary Public in and for County, State of 0 RECEIVED *BID RM - REVISED Page B-1 MAR 91979 PAR':_ I --BIDDING REQUIREMENTS I:. BID FORM Iowa City City. Council Furnishings and Equipment (I) Civic Center Senior Citizen Center Iowa City, IA 52240 Iowa City, IA 52240 Project No. 7908 I The undersigned, having carefully examined all contract docu- n: lit s' including Bidding Requirements, Conditions of the Contract, Specifications, Addenda and Drawings, and having eya.iined the site, proposes to furnish all labor and materials id porf;rm all work required fr:r t:he above referenced Proj•ct for the following sum: FURhiSHINGS GROUP A (Madison) Proposed Substitute Manufacturer FURNISHINGS GROUP -B (Rudd) I'I 1posed Substitute Manufacturer FURNISHINGS GROUP C (Condi) Propc.sea Substitute Manufacturer F U_R N IS 'H INGS CROUP D (Howe) Pruposed Substitute Manu:acturer i7 C// .00) c $__ 3 Lia12, M' 1'[-1s111_N_t:S GROUP E (Sceelcase) Propusud Substitute Manufacturer ��� jLl1 FURNISHINGS GROUP F (Howard Miller) Prupobed Substitute Manufacturer FURNISHINGS GROUP G (Peter Pepper) Proposed Substitute Manufacturer 'Revisrd a,; irdicae.d in h.I(le ., It 7 Z On �D - 1410 FORM - RKVISVI) Page It -2 I'UItNISItINGS GRUMP II (David Morgan) Proposed SObs t iLU Lr Manal ac to re - -----` ------- -- i v-- 1• II LN I.SIIINr.S LLUUI (George uvacs I'ro1)ose(I Substitute Manufacturer PHRNfSItINGS GROUP J (Monarch) Proposed Substitute Manufacturer --- (i 5,�1�.()0) 1311 .00) Unit prices for individual items are contained on pages B-3 through B -h of the Bid Form. The bidder agrees to abide by the Bidding Ruquircurcncti in submitting this bid. It is understood that the Owner re- surves the right to accept or reject any or all bids and to accept chat bid deemed to be in his best interes Ls. I'hc biddor agrees to complete the contract by A1-rVO)C.---z4tAV (lc137V Rrc:c•ipt of the following addenda numbers is hereby acknowledged: I have attached the proper bid security to this bid. S IGNATIJ I, I,,' TITLIi FI NM NAMF' ADDKKSS DATE I'IIkNISHINGS GROUP A (Madison) Sub. Item 1 - Lounge Chair (L65EO5)( ) Item 2 - 2 Seat Couch (L65E09)( ) Itvn1 3 - 3 Seat Couch (L65E13)( ) I-v;u I. - r1atform Rocker (G04E55)( ) Item 5 - Ottoman (1304A90)( ) It;•.a 6 - Arm Chair (C114EO5)( ) Item 7 --Side Chair (C14A05)( — —) Item 8 - Side Chair (C14A05)( ) IL.:m 9 - Conference 'fable (T21J20)( ) Item 10 ]'able Item 11 Tdble (To 2E10)( ) l Lvm 1.2 Cocktail Table (TO .2AO2)( ) Itrm 13 End Table '(TO2A10)( ) 'Lk -111 14 'Bunch (B09W62)( I FURNISHINGS GROUP B (Budd) Sub. ILvIII I - Lounge Chair (H. B. (MO6431-11)( ) lteni 2 - Two Seater Sofa (HB) (MO6432-11)( ) Item 3 - Foot Stool (M0i)100-11)( ) BID tM - REVISED Page B-3 Unit price fur Unit price for add itional__piccvs frwc_r piec•es__ $ ',) Q • X70(- $ >��'t• . 17,p --- 5-- /0-3- $----- N-s ys. s�� -- - - -- -- --- -- -- -- - - - Irem 4 - Casegoods-Shelf S Cabinet Shelf (li(;226-0)(-----) Icm 5 High his for C.j-�i•gouds 1H(1108)(__ ) I I FUkNISHINCS'CROUP C (Condi) Sub. ]tem 1 - Sofa (7581-000)(— ) i(cT. 2 - Lounge Chair (7532-0011)( ) It 3 - Armless Chair (730-000) ( ) HID FORM - REVISED Page B-4 Unit price for additional_pivci_s S y �> 5-z ILcll1 4 - Arm Chair - Half luck (732-000)( ) --- - iLem 5 - Arm Chair - Full Back (734-000)(-- lfem 6 - Desk Chair - Full Back (738S'I'L57)(- - -) -� - —--" l(ell, i - 1)usk Chair - Full Lack (739STL57)( ILem 8 - Side fable15^��✓�- _) (3/2626-B-000)(_- _)--- - Item 9 - Table (3/2636-B-000)( - ---- — - ]tem 10 Sofa Table (3/-'650-B-000)(— ---). Item 11 Table $_- 337S-3 1(14742-000)(-- F11kN1SHINGS CROUP D (Howe) Sub. Item 1 - Folding Table (1266) ( ) Item 2 - Folding Table (1236S)( ) Item 3 - Folding Table (1248R)( Unit price for f_W- r pieces Item 4 - Folding fable _�Y_j (286A)( ) I Lein 5 - 'fable Trui_k ((2�5fh� (TKFS-63)( ) It, -In 6 - Tabie Truck 'UN_) (TKES-6)( __) Item 7 - Table Truck 1Lcni ^- - (TK RT- 46) (_ _) BID Fvnn - RLVISED Page B-5 Unit price for addition Unit price for fewer tieces FURNISHINGS GROUP E (Steelcase) Sub.�aE �� _�Y_j r)LN7 Item 1 - Chair Max-Stacker(4172-410)( ((2�5fh� 'UN_) 1Lcni ^- - Cliair Dolly for-"�I�!--- Stacker (472-D)(�'��'S♦)) $- ��Q �____ $._ _ �7 3�0 �-/..— 1 t em 3 - Drsk (52ti00 w/9250 hordware) ( &,0 ,_1¢ — - -- I tem 4 - Si cretari'al RetuTn _ G�21pp 37 w/ c 103g I CrL -- L) -15U hardware(G��6/ - -- - 1trn, n - Credenza (52 N 604 w/ $ -- _ f �7 SD•�• �/__ - 925U hard.) (4Ci'c0'1�IPi 1 t em 7 - Dcsk (52600-6^_ �: �Q^SO $_----_3_ hardware) t!fG(C030� _6 '--S'_--- Item 8 - Desk I $ '74 (33b00 -AB) (/t%,!�nT - -7�.. 1Lem 10 Desk �j s (�a/!U`Fi�J/�l4 2 35-• 13_ $.__=�J.S-1✓--- (33600-0B) n J�/ Item 11 Mach. 6 Typewritter�(� Return ( 3 3 C 3 7 ) S/,2'JD%/�-f! t� U�' Item 12 Secretarial Posture� Chair (421-520)(5 5--- /r�.5.__J1__ $ 1Lein 1'3 DeskChair (421-312)(�� ------ RID H - REVISED Page R-6 FURNISHINGS GROUP F (Howard Miller) Sub. Unit price for add i_t_ional_1)ieccS lt•m 1 - Clock Station Master (622 532).( ) Itun. 2 - Clock (622 680)( ) Unit price for I a w e_r _y i� c cTs_-- e-/`--- $ _ y *), S:j FUR_NISHINGS_GROUP G (Peter Pepper) Sub. _—____-_--- I tem 1 - Literature Rack $ �% �� 7 _ $ �__ 1 (601)( 'I. /f Itrm 2 - Steel Sand Urn and 5----Z` --- 5 ----------- Waste Receptacle w/ Sifter (217) ( ) FURNISHINGS -GROUP H (David Morgan) Sub. --------------------------------- ------ G ltem 1— Bar Stool $—���.�� _ S___ /t!//• 3p__ (x/216-001)( ) FGItNIS i1NGS GROUP I (George Kovacs) Suh. 1 tun. 1 - Ceramic Lamp (255 1) ( ) FURNISHINGS_ GROUP J (Moi.:;rch) Sob It,m I - Reclining Couch (1001 W3M)(_—__) ltew 2 - Reclining Couch (2001) ( _) I <r CONTRACT THIS AGREEMENT, made and entered into this 4th day of April, 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Younkers Commercial Interiors, 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 20th day of March, 1979, for Furnishings and Equipment I, Senior Citizens Center, Iowa City, Iowa 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. Notice of Public Hearing and Advertisement for Bids. C. Special Provisions d. Proposal e. 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 three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. By C�G��C l��u (Seal) (Title) Mayor ATTEST: (Title) Citv Clerk Awarded Contract for: Group A (Madison) Group D (Howe) Group G (Peter Pepper) Group I (George Kovacs) Group J (Monarch) Contractor (Seal) <,1r Yc (Title) rvon,,i-ive Vire Prnsident ATTEST: (Title) (Company Official $ 8,500.00 6,681.50 589.00 114.00 839.00 16,723.50 RECEIVED .& APPROVED BY, TRE LEGAL DLrPARTKM With the addition in Group A (Madison) of: 3 (three) #L65EO5 lounge chairs $480.00 1 (one) #T02A1O corner table 114.00 $594.00 $ 594.00 $17,317.50 TOTAL CONTRACT AWARD STATE OF IOWA ) ) SS: COUNTY OF JOHNSON) On this a 3 / day ofA.D., 19�, before me, a Notary Public duly commissioned and qualifiedin and for said County and State, personally appeared , Mayor of the City of Iowa City, Iowa; and City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the'same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. Notary Public in and for t /State of Iowa STATE OF Iowa ) SS: COUNTY OF Poll: ) On thisl0th day of Public, in and for the A.D., 19�c_, before me, a Notary State of Iowa Stanley H. Krum_ Exe. Vire —, President, and K. J. McCa—rtjV Secretary, of , the Corporation w is executed the above and foregoing instrument, w o eing to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for ' ( County, State of I1A1<'II - BIDDING RE UIRHMIiNTS Is. B1D FORM I ow., C I t V CI Ly Council Civic Ccnler Iowa City, IA 52240 *BID FOKM - Rl-'V1SIiD P,]ge B -I Furnlsit ings and Equipment (I) Soni o Ci tirL•n Crul 1•r Iowa City, IA 52240 Project No. 7908 The undersigned, having carefully examined all coulraot doeu- menLs, lurludint; Bidding RequiremunLs, Conditions of the Con Lr•tct, Specifications, Addenda and Drawings, and having examined the site, propus es to furnish all labor and 10(l L v is Is and perform all work required for Lhe above referenced Project for Clio following sum: I'URNLSHINCS GROUP A (Madison) Proposed Substitute Manufacturer _ Eight Thousand Five Hundred Dollars _( 8, 50n_00_ _.00)1 FURNIS111NGS CROUP B (Rudd) PropuSULI Substitute Manufacturer PASS I+UKNISIIINGS CROUP C (Condi) Proposed Substitute Manufacturer Seen Thousand Six Hundred and Two do ars_ III RNIS111NCS CI:Ol1P D (Howe) Proposed Substitute Manufacturer *Standard tops Six Thousand Six Hundred Eight -Y One dollars and 50 'ceni;s - — — --'--- .. ---.-. PURNISHI_NCS CROUP E (Steelease) 1'roposed Substitute Manufacturer FURN1Sill NCS CROUP F (Howard Miller) Proposed Substitute Manufacturer I•_tlRNIlin NG -S CROUP C (Peter Pepper) 1'rnpusod Substitute Manufacturer ($_ Pass-- — .0(1) ($ (,6,681.50 nn) ..r" ($ PASS .00) Five Hundred Eighty Nine dollars - - _ (ti 589.00 .q0) *ReviSed as indicated in Addendum #1. FIIItNISUINGS GROUP If (I)avid Morgan) I'ru pusrd Subst ILute ilanu l it to roe I.URNISIIINGS GROil 1 (Guurgc i:uvar:,) I'rupused Subs tILute Manit laCLarer One Hundred Fourteen Dollars ufacturer RIU DORM - ItP:VIS1-:11 I)agv 11-2 ($ PASS Ull) Prupusec u � 1 u e ---- .—'-------____-- Eight Hundred Thirty Nine dollars(- 839.00.. _017) Unit prices for individual items are contained on pages Il -3 through B-6 of the Bid Form. Ii1HNlS-HINGS GROUP J (Monarch) i S b t'L t Man - The bidder agrees to abide by the Bidding Requirements in suhmiti-lul; this bid. It is understood that Chu Owner re- svrvcs the right to accept or reject any or all bids and to accept that bid deemed to be in his best interests. •I'hu bidder agrees to complete the contract by 14-16 weeks_ from date of order RvvvipL of Lhe following addenda numbers is hereby avknuwlcdgvd: I havt actaohed the proper bid security to Lhis hid. SIt:NArURe _�.;.� )\ t(� ^�'y•` Jan Stokesbary 'fl'I'Lli Commercial Interiors FIRM NAW. Younkers AUUIti'SS 7th & Walnut Street - Des Moines, Iowa 50306 UAT l: 3-20-79 ]III) FORM - HIiV151•:U Pa};c [I- I PIIIINISHINGS GROUP A (Madison) Sub. IIuiL price for Unit price lur addle iunal pirri•e; IOWcf 11iek:Us-- Ilow I - I.nurtl;e Chair $ 160.00 -__ - - 163.00.-.--,__ (1.65@0`i)( ) ltew 2 - .' Scat CuUCh $ 257.00 262.00 (1.654:09) ( ) I Lem 3 - 3 SuaL CouClt $ 395.00 $ 400.00 L Le lit 4 - Platform Rocker $ --- 154.00 - $ - 158.00 - - (G04L55) ( ) I LvIli 5 - Ottoman $ 65.00 —_ $._-68_00 ((,04A90)( ) Item 6 - Arm Chair $ --- 119.00 -- $ 124.00 - (C14EO5)(_ ) ltem 7 - Side Chair $ 102.00 $ 106.00 ILL -111 8 - Side Chair $ 98.00 --- $ 102.00 _ -- (C14AO5)( ltum 9 - Conference Table $___180.00 - $ 186.00 ___- (T21J20)( Tram 10 Table $ 124.00 $ 130.00 1 Lcm 11 Table $_137.00 -_ $ 142.00 - - ` (TO 2E10) ( ) Itum 12 Cocktail Table $----1 31 . 00 $ 136.00 Item 13 End Table $_114.00 - $ 117.00 _ - (T02A10)( ) 1 I �m 14 HI•nch $ ---- 124.-00--- - - - $ 130.00 - - - 8 ( 0 9 W 6 2) ( ) III HN ISIII NGS G1101IP H (11 u d) Sub. IL.•III 1 - Lounge Chair (11.H.) $_PASS - (MOb431-11)( ) I Lalli 2 - Two Seater Sofa (HH) $_ _ (M06432-11)( ) I LcIn 3 - Pout Stool $ (1-106100-11)( - -- $---PASS-___ -- - I tcm 4 - Casuguods-Shull S Ca1,ineL Shull: (II(:226-0)( ) I t um 5 - It h -h Bdsu for C;t:;•guudn (IlGlllii)( ) FURNISill NGS GI(OUP C (Cundl) Sub. Ills t�ru(r1 - rl•:vlsr:D Unit price for adJ i t iun,i I 1i iv�v:; $ PASS PASS Unit price for f ewvr pivres -- $ PASS $ PASS f l.em 1 - Sofa $ 530.00 $ 539.00 ---- Item 2 - Luuuge Chair - 296_00------ $ 305.00 (7532-000)( I Lvm i - Armless Chair $ ---- 153:00 - -- $ 160.00 --- - (730-000) (_ ___) ILum 4 - Arm Chair - Half $ 153.00 $ 160.00 Back (732-000)( ) - -____ I Lvm 5 - Arm Chair - Full $ 129.00 -----�-- $ 136.00 — - -- Back (734-000)(_ ) Item 6 - I)esk Chair - Full $ 201.50 $ 209.00 --- Hack (738STL57)( -) -- ------ ltvm 7 - 1)esk Chair - Full $ 225.00 -- $----2-32-.-00- - Back (739STL57)( _)---- I Lvm B - SIde Table $---110.00 ------- $ - 115.00 (.1/'2626-B-000)( ILelll 9 - 'I'ab1e $ 125.00 $ 130.00 (3/2636-B-000)( ) --- --- - - -- Ili'In 10 Sulu Table $147.50 $ 1.52.00 (3/2650-B-000)(- __._. Ium 11 Table $ 285.00 $---293. 00 - (14742-000)( ) -— - - VII I:NISIIINGS CROLIP D (Howe) Sub. t STANDARD TOPS 1(001 1 - I"ulding Table $_ 127_00 $ 130.-0.0 -- (1266) (- 11cm 2 - Fulling Table $--108.00 $-- 112.00 — - (12.36S)( ) —__ 1Lum '1 - Folding 'fable $ 131..0- - $ —135.00- - — 4 (12BR)( ) -- __ I tum 4 - Folding Table prlcc Cur _dd11 ('H6A)( ) I tum 5 - Tablu 'Truck - ---- (TKFS-63)( ) Item 6 - •fable Truck ('I'KI•:S-6) ( ) Item 7 - 'fable Truck (TK l('1'-46) ( ) fill) lmfim - IUiVISED FU 1,NISIfINCS CROUP E (Steelcase) Sub. Item 1 - Chair Max -Stacker $ PASS (472-410)(_- 1 1 1! Ili 472-410)(LLum 2 - Chair Dolly for Max- $ Stacker (472-D)(__— I tum I - DcSk (52600 w/9250 $ hardware) ( ) I Lelp d - Sucretarial. Return $ 5 2 C 37 w/ ( ) (J21 "`t�)i�i�b�52 w/ $ _ I ti m 5 - Des c --_ 9250 hardware ) ltviii b - Credunza (52 N 604 w/ 9' 'SU hard.) ( ) 11 vIII I _ husk (52600-62 w/9250 $—_____--_ hardware) ( ) Item If - Desk $ (33450 -OB)( ) I trm '1 - DcSk $ (53600 -AB)( ) — - - lluw 10 Dusk $--,_-- (33600-OB)(— ) 1 tem I I Mach. 6 Typewritter $ _--__-- Rut urn (33C37)( ) ltum 111 Secretarial Posture $ Chnir (421-520)( ) IteIll 13 Desk Chair $ (421-312)( ) -- UnIt price for I Vwe l' pii•ccS $ 70.00 �- ---95-.-00— $ -95_00—$ 102.00 128.00 $ PASS $ Pngu If -5 fill ft prlcc Cur _dd11 in11a1 1)irrc:: $ 67.00 $ - -91.00 - ---- 97.50 $ 123.00 FU 1,NISIfINCS CROUP E (Steelcase) Sub. Item 1 - Chair Max -Stacker $ PASS (472-410)(_- 1 1 1! Ili 472-410)(LLum 2 - Chair Dolly for Max- $ Stacker (472-D)(__— I tum I - DcSk (52600 w/9250 $ hardware) ( ) I Lelp d - Sucretarial. Return $ 5 2 C 37 w/ ( ) (J21 "`t�)i�i�b�52 w/ $ _ I ti m 5 - Des c --_ 9250 hardware ) ltviii b - Credunza (52 N 604 w/ 9' 'SU hard.) ( ) 11 vIII I _ husk (52600-62 w/9250 $—_____--_ hardware) ( ) Item If - Desk $ (33450 -OB)( ) I trm '1 - DcSk $ (53600 -AB)( ) — - - lluw 10 Dusk $--,_-- (33600-OB)(— ) 1 tem I I Mach. 6 Typewritter $ _--__-- Rut urn (33C37)( ) ltum 111 Secretarial Posture $ Chnir (421-520)( ) IteIll 13 Desk Chair $ (421-312)( ) -- UnIt price for I Vwe l' pii•ccS $ 70.00 �- ---95-.-00— $ -95_00—$ 102.00 128.00 $ PASS $ Isla PuitM - RPVISVD Page B-6 PIIRNISIIINGS GROUP_ V (Howard Miller) Sell. UnI L pric•u fot Uui t price lar addiLian;ll _pi 0 IV.wcr 1)iCccS--- Item I - Glock Station MIISLur $ F\z2.—_. \» -- ((,'_'2 532) ( ) I�IIItNlSIIINGS_GI_OUP G (Pe Ler Pepper) Sub. I L e m 1 - Literature Rack $__117.00 $_-121.00_._. (60 1 ) ( ) I t.um 2 - Steel Sand Urn and $_ — 7_1_00--_._-_ �_-- _7-5:00 _ -- Wt1SLe Receptacle w/ Sifter (217) ( ) FURNISHINGS GROUP Ii (David Morgan) Sub. Llum I - Bar Stool (K/216-001)( ) FIIRN1SIIINGS GROUP I (George Kovacs) Sub. ILum 1 - Ceramic Lamp $_ 57.00 — $---61.00 (2551) ( ) PUItN1SHINGS GROUP J (Monarch) Sub. I Lem I - Reclining Couch $ ....... 295.00 _—_ $ . 307.00- _ ( 1 00 1 W3M) I tem 2 - Rocl Initig Couch $249.-00 $-_ 255.00 (20111) (__) CONTRACT THIS AGREEMENT, made and entered into this 4th day of April, 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Frohwein Office Supply 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 22nd day of March, 1979, for Furnishings and Equipment I, Senior Citizens Center, Iowa City, Iowa 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. Notice of Public Hearing and Advertisement for Bids. C. Special Provisions d. Proposal e. 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 three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. BY i�= f ��G✓� i(Seal ) (Title) Mayor ATTEST:' (Title) City Clerk Awarded Contract for: Group E (Steelcase) $19,890.00 TOTAL Contractor (Seal) Tit ATTEST: (Title) Company Official RECEIVED b APPROVED BY THE LEGAL DEFARTUM STATE OF IOWA ) ) SS: COUNTY OF JOHNSON) On this,,Z3,V day of A.D., 19%L, before me, a Notary Public dulyc m�oned and qualifi 1 in and for said County and State, personally appeared eiAehek— Mayor of the City of Iowa City, Iowa; and City Clerk of said City, each being to me personally known to be the identicaa persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. Notary Public in and for theate of Iowa STATE OF ) SS: COUNTY OF ) On this day of A.D., 19 before me, a Notary Public, in ander the County of State of President, and Secretary, o , the Corporation which executed teabove and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of 811)1)1NG N F 0 U 111 FN ENTS It. (SIU FO KPI low.i C I L V Cl Ly. Council C ivic Gollt el" Lowa City, lA 52240 A* Is ID FORM - ION I51•:Il Page B --I FuruishiIII ••x :unl Rquil,nn•nt (1) Senior Cil ireu Coin or Iowa City, IA 52240 Project No. /708 The iunlersigucd, having carefully examined all i•oulydcL iloru- mvuLs, including (lidding Requirements, Cond Ltioua ul Lhc Gontrac L, Specifications, Addenda and Drawing:;, and having; examined the site, proposes to furnish all labor and materials and purform all work required for Lhe above referenced Project for the following sum: FIIItNISHLNGS GROUP A (Madison) Proposed Substitute Manufacturer FIIRNISIIfNGS GROUP H (Rudd) Proposed Substitute Manufacturer FURNISHINGS GROUP C (Condi) Proposed Substitute Manufacturer FIIRNISI]INGS GROUP U (Howe) Prupo;i.-d SubsLitute Manufacturer P(11tNISHINGS GROUP L•' (Steelcase) Propuaad Substitute Manufacturer FURNISHINGS GROUP F (Howard Miller) 1'ruposed Substitute Manufacturer FIIRNISIIINGS (;ROUP G (Peter Pepper) Proposed Substitute Manufacturer ($ OO) ($ (1O) -- ( $ --- , 19.890. Tills price is in effect until the next price increase from Steelcase which is anticipated in the last quartr of 1979 or the first quarter of 1980. ^Revised as indicated in Addendum 1. It 11) FORM - RINIS11) Page 15-2 FURNISHINGS CROUP 11 (David Mor;;.In) P ro11 cd Subo-:l ILuLo M.rnul a 111 rri Unit prices for individual items are contained on pages B-3 through B -o of the B L d Form. The bidder agrees to abide by the Bidding RequirrmanLs in ::ubmitLing th:Ls bid. It is undersLnod that LIIo owner ru- serves the right to accept or reject any or all bids and Lu accept thaL bid deemed to be in his besL i.nteresLs. Th L' bidder agrees to complete the contract by --- July 1, 1979__ Receipt of the following addenda numbers is hereby ac-kuowlcdf�cd: Addendum No. 1 L hav3 attached the proper bid security to this bid. S I (; N A'I' LI RIS 1 IT 1 1: - ----- President -- --------- - - - -- - - -- -- - - FJ RM NAM H. F'ROT4EIN OFFICE SUPPLY CO. _ (An -Iowa Corporation) A1)1)Rl:SS -215 E.Washington St._Iowa City, Iowa March 22, 1979 -- - - - — - ($ .UO) rlIkNISIfIN(:S CROUP I (Cuurge KOVUc'S) Proposed Subst i Lute Manufacturer ----__—,-- ... - _-- _ -- -__--- ($ .UO) FURNISHINGS CROUP J (Monarch) Proposed Substitute PIanufacturer ($ 110) Unit prices for individual items are contained on pages B-3 through B -o of the B L d Form. The bidder agrees to abide by the Bidding RequirrmanLs in ::ubmitLing th:Ls bid. It is undersLnod that LIIo owner ru- serves the right to accept or reject any or all bids and Lu accept thaL bid deemed to be in his besL i.nteresLs. Th L' bidder agrees to complete the contract by --- July 1, 1979__ Receipt of the following addenda numbers is hereby ac-kuowlcdf�cd: Addendum No. 1 L hav3 attached the proper bid security to this bid. S I (; N A'I' LI RIS 1 IT 1 1: - ----- President -- --------- - - - -- - - -- -- - - FJ RM NAM H. F'ROT4EIN OFFICE SUPPLY CO. _ (An -Iowa Corporation) A1)1)Rl:SS -215 E.Washington St._Iowa City, Iowa March 22, 1979 -- - - - — - till) FORM - Itl;vlsr:n Page 11-3 I IIRNISIIINCS CRulll' A (Madison) sub. tloit prig lot (Iuit price• for aJdilional_liccl_:; fl•wrr1liucc:=- Item 1 - I'minge C11;iIr (LbSE05)( ) - Item 2 Brat COIICII $ (1,bSE09)( ) - Itunl 3 - 3 Seat Coucb ' (1.65E13)( ) Item 4 - Platform Rocker $ -- $ (G04E55) ( ) --- - -- - Itenl 5 - Ottoman $---- $ (C04A90) ( ) ---- - -- - - - - Item 6 - Arm Chair (C I4E05)( - ---- Item 7 - Side Chair $ ((,'14AO5) ( ) ltum 8 -- Side Chair $- $ Item 9 - Conference Table $ (7.21,120)( ) ---- - - Item 10 Table $ I tuIll 11 'I'.Ib le $---- - (TO 2E10)( ) ------------- - ltrul 12 Cocktail Table $ I tc•ul 1'i lend Tab Le (•r0'_'A10 ) - IIo111 14 Bull, It (B09W62)( ) I-t1 RNl_Sill NCS GRO111) It (Rudd) Sub. I t.•III I - Lounge Chair (H. B.) $ s (M06431-11)( ) ----- -- - Itum 2 - Two Seater Sofa (HB) $ $ (M06432-11)(— - --- Item 3 - Foot Stool $ $ (MOb100-I1)( fill) FORM P.IAc 11-4 Ullit priCU fur ad111 I 11)11.11 1) I CCeti I I vin 4 - C;Itiul;uods-Shcl ( 6 CabinUt Shell (IIC226-11)(-------) Item 5 - 11ig11 II,Iso for C.I Duds (NCIl18)( ) a FURNISHINGS CROUP C (Condi) Sub. I tcIll I - Sofa $ (7581-000)(----) -- 1LUill 2 - Lounge Chair $ (7532-000)( _) ILehi 3 •- Armloss Chair $ (730-000) ( ) -- 1LUIll 4 - Arm Chair - Half $ Back (732-000)(_ ) 1tUm 5 - Arm Chair - Full $ !tack (734-000)( )-- 1Low 6 - Dusk Chair - Full $_ Back (738STL57)( ) ILom 7 - Deslc Chair - Full $ Back (739STL57)( ) ILon) 8 - Side Tab1e $ (3/2626-B-000)( _) 1LUm 9 - T1l1)1U $ (3/2636-B-000)( --T— I I l ell! 10 Su I a •rable $ (J/2650 -B-000)( ) I tvlit II 'fable $ (14742-000)( ) FUkNI5111N(_S GROUP 1) (Howe) Sub. 1 1 - Folding Table (1266) ( ) ILum 2 - Folding Table • (12365)( ) Ilrw 'I - FUlding Table (1248R)(--- ) I111iL price for ICWL•1 )1Ut. Us IL:111 4 - Fuldiug T:II)lu (286A)( ) 1LC111 S - .Ihlc 'frock 1 - ('I'RFS-63)( 11 rm 6 -- T;11) 1 r Truck $34.75--._-__ ('CRGS-6) Item 7 - Tahlu Truck (4/2-410)(__ _) (TK RT -46) ( III D FORM - IC b:V I:i ItiD Page B -S Unit. price Cor _IJditinnaI pircv:: Unit price for fowl•r piI--I 5 ° FUItNIS111NGS_ CRU1111 li ( S t e e I c a s e ) Sub. $ 1 - Ch.lir Max- Stacker $ 34.75 —__ _— Unit price for fowl•r piI--I 5 ° FUItNIS111NGS_ CRU1111 li ( S t e e I c a s e ) Sub. Lr -III 1 - Ch.lir Max- Stacker $ 34.75 —__ _— $34.75--._-__ (4/2-410)(__ _) Item 2 - Chair Dully for Max- $__90.00_- $ 90.00 - Stackcr (472-D)( -----$_363.00---- ) I tcnl 3 - Dusk (52600 w/9250 -- $-- 363.00 ----- hardware) ( ) 236.50 236.50 [tem 4 - Secretarial Return $ $ S2 C 37 w/ ( ) 05 1''�S2i� 6 11.•111 5 - 52 w/ $_-471.00 ----- $--471.00------ 92'10 hardwaref ) Itcm 6 - Credenza (52 N 604 w/ $_.541.00 ---- $ 541.00 - 92')0 hard.) ( _) I1cn1 7 - Desk (52600-62 w/9250 $__-410.00 410.00_ - 11.11'llWare') ( ) ------ I 1 cin tt - D vs k $ - 218.25 ---.__--- $_218.25 (35450-013)( ) 267.00— -- - $ 267. oo (33600 -AB)( ) I tell) 10 D.•sk 223.25 223. 25 (33600-08)(_ ) Item II M.tch. & Typewritter $ 162.00 _ - $ 162.00 — RcLurR (33C37)( ) Itcm 12 Secretarial Posture $ 117.00_ - $ 117.00 Chair (4'21-5'20)( ) Item 13 Desk Chair $ 149.00 $ 149.00 (421-312)( These prices are effective until the next price increase from Steelcase which is anticipated in the last quarter of 1979 or the first quarter of 1980. ISI 1) PoRM-- kIt.IS1.11 Paigo B-6 PIII<N I5111 NGS (;1tl1UY P (Howard Miller) tial, FUKNIS111NGS GRULIP G (Peter Peppur) Sub. [Lent 1 - Literature Rack $--------.,—_---_- 4-__ .-- _ -- (601) ( _--) I Lem 2 - Steel Sand Urn and - Waste Receptacle w/ Sifter (217) ( ) FURNISHINGS GROUP U (David Morgan) Sub. .___ __ Item l - Bar Stool $ (x/216-001)( ) FURNISHINGS GROUP I (George Kovacs) Sub. I Lcm 1 - Ceramic Lamp (2551)( ) $ P111,'NISit INCS GROUP J (Monarch) Sub. ILenl I - RUC llning Couch (1001 W3M)( ) Ilclll Z - Reclining Couch $_ __-_ __------ Y_- (2001) ( ) HitIL 111i Ce 1 1) 1 II II 11 1,r I t'l' IUI i1 tld l 1 t una l_ 1111'c rwol p i t; I L e 111 I — C 1„ 1' 1c S L a r l l l 11 M.1 : i L e r i _ _- $ L Lctit - cluck - (01'2 680) ( ) FUKNIS111NGS GRULIP G (Peter Peppur) Sub. [Lent 1 - Literature Rack $--------.,—_---_- 4-__ .-- _ -- (601) ( _--) I Lem 2 - Steel Sand Urn and - Waste Receptacle w/ Sifter (217) ( ) FURNISHINGS GROUP U (David Morgan) Sub. .___ __ Item l - Bar Stool $ (x/216-001)( ) FURNISHINGS GROUP I (George Kovacs) Sub. I Lcm 1 - Ceramic Lamp (2551)( ) $ P111,'NISit INCS GROUP J (Monarch) Sub. ILenl I - RUC llning Couch (1001 W3M)( ) Ilclll Z - Reclining Couch $_ __-_ __------ Y_- (2001) ( ) \ CIT B[ W ENDMENT AND CERTIFICRESOLUON To the Auditor of-.. ......... JOhnaOn . _ County, Iowa, and to the State Comptroller: The Council of the City i. Iowa. City in said county (counties) met on ..... ..... .--- Amch..ZO...... 19 79 , at the place and hour set in the notice, a copy of which accom- panies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was con- sidered 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 consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any*. Thereupon, the following resolution was introduced: RESOLUTION NO..... 7.97.137 - . A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL. YEAR ENDING JUNE 30, 19 79 , (AS AMENDED LAST ON ... ............. . . 19 . .) Be It Resolved by the Council of the City of . ...Iowa City _ ... , Iowa: Section 1. Following notice published Ma)tCh 15 _. 19.79 , and the public hearing held ...Manch y0 ... 19 79 , the current budget (as previously amended) is amended as set out herein. Passed this. _ 27th Attest: Reason: ........... City Clerk PROGRAM TOTALS FROM 14 TO: 16 Reason:._ Community ProtsRk+n FUND.. .. ... ... .......... .... ....... FUND. - _...___..... ... ...... __...................... __......... ._. As Certified or Amount of As Certif led or Amount of Last Amended on Change Amended To: Last Amended on Change Amended To: 1. Total BegInning Cash Balance Polleyand I Administration 19 049 5 8 5 3 424 963 2. Non -Property Tax Income 30 668 691 2 2,664,656 3. State -Shared Revenue !. Property Tax Asking 6. Total Resources 6. Less, Working Balance (Reserve) 7. Net Resources for Expenditures S. Total Requirements 9. Community Protection 10. Human Development 11. Home A Community Environment 12. Policy and Administration 13. Total Expenditures Passed this. _ 27th Attest: Reason: ........... City Clerk PROGRAM TOTALS FROM 14 TO: 16 Reason:._ Community ProtsRk+n Human Develo ment Home A comae ty Enviromsest Polleyand I Administration 19 049 5 8 5 3 424 963 5,772,463 30 668 691 2 2,664,656 day of March79 ,1 Mayor Vote (list by names) : Ayes: Balmer, deProsse, Erdahl, Perret, Vevera AbsWL-ffeuhauser. Roberts --- Nays: none I hereby certify the above transactions to be a true copy of the proceedings of the city council and the resolu- tions passed in the above matter. March 2879 � r ................................... - ............. ..... .. .. 19......... S/...............�Ckt... .... Cit Clerk y !� *An overall increase in the budget or a major change in the proposed transfers between programs overall will 70 require a new notice and hearinv. y,' Form 653-C(Revised1877) rmur r e .... ru ea., p.rr.ron,,a.. AMENDMENT Or CURRENT CITY BUDGET NOTICE The Council of the City of .......... IOW.a..Ci.ty-------- - ---_-------- in ...................... Johnson ............ ......... .... ......... County, (name (a) of county or counties) Iowa, will meet at---- ---- ------ Ci vi c. --Center-......... ---------at 7.:30 Won ......... ............. March -.20. ........... ...... 19..79...., „lace of meeting) (hour) (date) for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19�, by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the following reasons: Reason: . ..... ........... ..... ............... Reason:. ................................ ................ -- ..................................................................... .... ..... ........... ....... -- ...... ... . . --- ------ ---- ----- -- ---- ..........------........... - PROGRAM TOTALS FROM 14 TO: 15 Community Protection There FUND ........................................................ As Certified or Amount of Lost Amended on Change Amended To: FUND. ._........ ... ....... . ............................................ As Certified or Amount of Last Amended on Change Amended To. Total Beginning Cash Balance 3,195,049 5 498350 22,609,926 2,200,064 3,424,963 5,772,463 Non -Property Tax Income 664 656 -2,664,656- State -Shared Revenue Property Tax Asking Total Resources Less, working Balance (Reserve) Net Resources for Expenditures Total Requirements Community Protection Human Development Home & Community Environment Policy and Administration Total Expenditures Reason: . ..... ........... ..... ............... Reason:. ................................ ................ -- ..................................................................... .... ..... ........... ....... -- ...... ... . . --- ------ ---- ----- -- ---- ..........------........... - PROGRAM TOTALS FROM 14 TO: 15 Community Protection There Human Development Home & Community Environment Policy and Administration 3,195,049 5 498350 22,609,926 2,200,064 3,424,963 5,772,463 -30,66-8,691 664 656 -2,664,656- There will be no increase in tax 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 considered in this current budget. This will provide for a balanced budget. fo City Clerjf Note: Explain the source of any additional monies and the reason for the need to increase or decrease appropriation. If amendment includes change in appropriation for more than two funds, use additional fund bones for informa- tion required within the bold lines. Instructions: Publish only the specific funds amended. The above form of notice may be one column wide and may include one or more funds. It must be published not Iess than four (4) days nor more than twenty (20) days before the hearing, provided that, in cities of less than 200 population and in such cities only, such notice may be posted in three public places. After the public hearing the council shall adopt by resolutions the amend- ment as finally determined which action shall be made a matter of record. For detailed information, see Chapter 384, division 11, Code of Iowa. Certification of Publication I hereby certify that the above notice was published (posted in three public places as established by ordinance) in Iowa City. Press -Ci tizen. .. ...on .... . .. March .1.5 .................... 19.19... (name of newspaper) 5�.. C ��1�.✓._ ._....._............ City Cler 171711 RESOLUTION NO. 79-13 RESOLUTION APPROVING CLASS C 7f-1-39 LIQUOR CONTROL LICENSE APPLTCRffM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Il Liquor Control License application is hereby approved for the following named person or persons at the following described location: Towncrest Inn., Ltd., 1011 Arthur St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Perret and seconded by Balmer as rem e�adopted, and upon r ZI call AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 3rd day of APri1 , 19 79 �7 Attest: City Clerk �✓l?�'���F �l '���-sem Mayor / x7a AIL_ - - RESOLUTION NO. 79-139 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Towncrest Inn, Ltd. 1011 Arthur St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Ralmpr that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera " x ABSENT: Passed and approved this 3rd day of April , 19 79 -- Mayor Attest: / %/� , City Clerk 7-1,3 RESOLUTION NO. 79-140 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Michael R. Hanrahan dba/ St. Michael's Saloon at 800 South Dubuque has surrendered Liquor License HLC-11668, to the Iowa State Beer t, Liquor Control Department, and has received the State share of 35% of three quarters of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of GS% of three quarters of the liquor license fee, BF IT RESOLVED BY THE CI'T'Y COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 633.75 , payable to Michael R. Hanrahan for refund of portion of Liquor License n LC -11668 It was moved by Perret and seconded by Balmer that the Nesolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl _ x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 3rd day of Apri l 1979 , Mayor ATTEST: City Clerk -117X RESOLUTION NO. 79_1 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCFrTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approTor the following named person or persons at the following described location: Knights of Columbus Bldg. Assoc., Inc., 328 East Washington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as re -a be adopted, and upon roI ca there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts Vevera x x Passed and approved this 3rd Attest: City Clerk ABSENT: day of Apri 1 , 19 79 Mayor �17'5 RESOLUTION NO. 79-142 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: Knights of Columbus Building Association, Inc., 328 East Washington St. It was moved by Perret and seconded by Balmer that the Resolution as read e adopted, and upon roll—c-a-11 t ere were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 197 9 . Attest: City Clerk ABSENT: 3rd day of April , Mayor ,�Z%G RESOLUTION NO. 79-143 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR 0lq NS BRUSH COII'ANY WHEREAS, the owner, Ovens Brush Company '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 premised located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the southeast corner of Section 14, Township 79 North, Range 6 West of the 5th P.M., thence north along the east line of said Section 14 to_the Chicago, Rock Island & Pacific Railway Company right of way, thence northwesterly along the southerly line of said right of way 288 feet to the point of beginning, from thence northwesterly along the southerly line of said railway right of way 1412 feet, thence south 47 degrees and 5 minutes west 1017 feet to the center line of the Lower Muscatine, or Wyoming Road, thence south- easterly along the center line of said road 775.5 feet, thence north 67 degrees and 5 minutes east to the place of beginning, except the following described tract: Beginning at the point of intersection of the northwesterly line of the above described property with the center line of said Lower Muscatine Road; thence northeasterly along said northwesterly line a distance of 225 feet, thence southeasterly along a line parallel with the center line of said Lower Muscatine Road, a distance of 150 feet, thence southwesterly along a line parallel with said northwesterly line of the above described property a distance of 225 feet to center line of said Lower Muscatine Road, thence northwesterly along the center line of said Lower Muscatine Road a distance of 150 feet to place of beginning, and further excepting the following described tract: Irl 77 Resolution No. 79-143 Page 2 A strip of land 37 1/2 feet in width lying on the northwesterly side and bordering on the southeasterly boundary of real estate hereinafter described, and extending from the Lower Aluscatine or Wyoming Road northeasterly to the southerly line of the right of way of the Chicago, Rock Island and Pacific Railway Company, and being the southeasterly 37 1/2 feet of the following described real estate: Commencing at the southeast corner of Section 14, Township 79 North, Range 6 West of the 5th P.M„ thence north along the east line of said Section 14 to the Chicago- Rock Island and Pacific Railway Company, thence northwesterly along the southerly line of said right of way 228 feet to the point of beginning, from thence northwesterly along the southerly line of said railway right of way 1412 feet, thence south 47 degrees and 5 minutes west 1017 feet to the center line of the Lower Muscatine, or Wyoming Road, thence south- easterly along the center line of said road 775.5 feet, thence north 67 degrees and 5 minutes east to the place of begin- ning. All of the foregoing being subject to easements and restrictions of record. Together with all easements and servient estates appurte- nant thereto. WHEREAS, said property is owned by the above-named party and no dedications 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. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. �/ %rY Resolution No. 79-143 Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; 1. That the said plan filed stamped April 3, 1979, is hereby approved as a large scale non-residential development contingent upon execution of the following formal agreements prior to the issuance of the building permit: a. dedication document conveying a ten (10) foot wide easement for a city -owned water main. b. agreement for construction of a storm water detention basin in accordance with the storm water management ordinance. 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 3rd day of April, 1979. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE X ERDAHL X NEUHAUSER x PERRET x ROBERTS x VEVERA MAYOR ATTEST: CITY CLERK J r'_cc ✓ccl & Arprav�3d By Tho Legal Department 1179 RESOLUTION NO. 79-144 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SERVICE BUILDING MODULAR UNIT ROOF REPAIR PHASE 2 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 $1,200.00 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 bide 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 18th day of April 1979. Thereafter, the bids will be opened by the Cjty-�Fn9ineer , and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 24th day of April , 1979 . Reccived A Appr.-,vad By The Lgal Dep inicnt H� 3 2a �l9 Page 2 Resolution No. 79-144 It was moved by Balmer and seconded by there that the Resolution as rea e3�adoppte , and upon roll ca were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 3rd day of April , 1979 MAYOR ATTEST: L CITY CLERK ` y.P/ i� 7 RESOLUTION No. 79-145 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH ROBERT BURNS AND ASSOCIATES FOR ARCHITECTURAL ENGINEERING SERVICES WHEREAS, the City of Iowa City, Iowa, has negotiated a contract witha copy of said contract being attached to is Reno u on s reference made a and, WHEREAS, the City Council deans it in the public interest to enter into said contract for architectural engineering services for the FYSO Service Building Renovation Project. Said contract provides for plans and specifications for construction of the truck wash at the Service Building and renovation of the remaining five modulars at the Service Building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the rnntrarts with Robert Burns and Associates 2. That the City Clerk shall furnish copies of said contract to any citizen requesting same. It was moved by deProsse and seconded by Resolution be adopted,uar�3pon ml —call these were: AYES: NAYS: ABSENT: Neuhauser the X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS Abstain VEVERA Passed and approved this 3rd day of April, 1979. i/ Mayor ATTEST: - � rLC-.'���� City Clerk i Rsevmva;I & Apps'ov. d Leg I D partm-mi AGREEMENT This Agreement, made and entered into this J111 day of 19_&, by and between the City of Iowa City, a municipal cofrporation, hereinafter referred to as the City and Robert Burns and Associates, hereinafter referred to as the Consultant. Now, therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. b. To discriminate against any individual in term, conditions, or privileges of employment because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. I SCOPE OF SERVICES The City has two work elements that are to be included in this scope of services. These two work elements are: 1. A truck wash building to be located at the City maintenance facility. This building is to be single story and sized to accommodate any of the City's current fleet of vehicles. It shall be equipped with a commercial type handspray washer, heated to approximately an inside temperature of 45 degrees, equipped with overhead doors, personnel doors and electrical power and lighting, slab on grade with sump drain. It shall conform to the thermal efficiency standards of the State of Iowa. 2. Plans and specifications for completion of the modular renovation at the service building. These plans and specifications shall include the following: - prepare floor plans for remaining empty modulars and revise existing modulars to the extent necessary; - prepare building elevation drawings; - design ramp for the handicapped and entrance for south door; - prepare room finish schedule and door schedules; - prepare a landscape plan and site plan for area around modulars; - prepare written specifications for all work to be included in the construction; - review shop drawings during construction; - prepare plumbing drawings and specifications; - prepare heating, ventilating and air conditioning plans and specifications to match the revised architectural floor plans; -,41r3 2 - prepare lighting and electrical power plans and specifications; review shop drawings of mechanical/electrical during construction. Preliminary Phase In this phase the architect shall prepare design drawings for both work elements for approval by the owner and shall submit to the owner a statement of probable construction costs. Design Phase After City approval of the preliminary design and cost estimate and upon written notice to proceed, the Consultant will begin the design phase which will include: a. Preparation of a final construction cost estimate. b. Preparation of detailed contract drawings. C. Preparation of specifications, and contract documents. d. Furnishing the City with two (2) copies of the specifications and contract drawings for a final review by the City. Construction -Bidding Phase The Consultant shall provide the following services under this phase for the truck wash bay only. The City will act as construction manager on the modulars and the following services will not be provided by the Consultant on the modulars except for a and f. The Consultant will provide the following services under this phase upon written notice from the City: a. Assist the City in securing bids and provide bid documents for contractors. The bid documents for this phase are a reimbursable expense. b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts. C. Assistance on the preparation of the formal documents for the award of the contracts. d. Consult and advise the City during construction relative to this project for both contract and force account work. e. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered. f. Checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design concept. g. Reviewing laboratory reports, materials and equipment. h. In addition, the Consultant will do the following field engineering: make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. His efforts will be directed toward providing assurance for the City that the completed project will conform to the contract documents. During such visits and on the basis of his on-site observations he shall keep City informed of the progress of the work, shall endeavor to guard City against defects and deficiencies in the work of contractor(s) and may disapprove or reject work as failing to conform to the contract documents. ��7 3 i. The Consultant shall determine the amounts owed to the contractor and shall issue certificates of payment in such a manner as to comply with the provisions of Chapter 573 of the Code of the State of Iowa. The issuance of a certificate of payment shall constitute a representation by the Consultant to the City that work has progressed to the point indicated and that to the best of the Consultant's knowledge the quality of the work is in accordance with the construction contract documents. j. Make a final inspection report to the City upon completion of the project. k. The Consultant and the City shall discuss interpretations of the requirements of the construction contract documents. The Consultant shall have the authority to act on behalf of the City; however, final decisions on any matter shall rest with the City. 1. The Consultant shall have the authority to reject work which does not conform to the contract documents. The Consultant shall process change orders. Change orders shall become effective only after they have been signed by the City's representative, Richard J. Plastino. Special Services Upon request the Consultant agrees to furnish special services or advise the City on the need for such services. Such special services may include: a. Technical observation by a Resident Project Representative and supporting staff as required who will observe the work for compliance with contract documents, and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to (1) setting of lines and grades as construction proceeds; (2) revision of contract drawings to show location and nature of improvements as actually constructed; (3) provide services in accordance with Exhibit "A", "Duties, Responsibilities and Limitations of the Authority of Resident Project Representative." Note that Exhibit "A" is a standard NSPE contract document and the term Engineer shall mean Consultant and the term Owner shall mean City for the purposes of this agreement. b. Assist the client as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory agencies. C. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. II TIME OF COMPLETION The Consultant will complete the phase of this project within the times listed below: Preliminary Phase - 30 days after signing of this contract. Design Phase - Two months after completion of the Preliminary Phase. Construction -Bidding Phase - The Consultant shall include appropriate construction times in the job specifications. 4YJ--� 4 III GENERAL TERMS 1. The Consultant or the City may terminate this contract upon seven (7) days notice. If the contract is terminated the Consultant shall be paid on the basis of hours of work satisfactorily completed under each phase of this contract and he shall be paid for reimbursable expenses resulting from work under this contract. The amount of work completed under each phase not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the amount of completion the matter shall be resolved under the guidelines of the American Arbitration Association. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 3. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 5. It is further agreed that no party to this Agreement will perform contrary to any State, federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 8. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 9. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 10. Records of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 11. All reimbursable expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with the Project, and for long distance calls. yY4 5 b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. C. Fees paid for securing approval of authorities having jurisdiction over the project. IV OWNER'S RESPONSIBILITIES 1. On the truck wash bay the Owner shall be responsible for design and construction of the subsurface and shall furnish the architect with allowable soil and bearing capacity for the footing design. 2. Soil investigation, including test borings, related analysis and recommendations. 3. Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings. V COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: 1. Truck Wash Facilit - Principals (Robert P. Burns and David Hayes 30 per hour. Employees - 2.5 x Direct Personal Expense. The total compensation for the truck wash facility, not including reimbursables, shall not exceed $5,500. 2. Modular Renovation - Principles (Robert P. Burns and David Hayes) 30 per hour. Employees - 2.5 x Direct Personal Expense. The total shall not exceed $6,000. 3. Special Services - Special Services shall be compensated in the following manner: a. Special Services provided by the Consultant shall be compensated at the hourly fee listed above or at a 2.5 x Direct Personal Expense fee. The Direct Personal Expense of all personnel classifications associated with this project shall be attached as Exhibit B. The "not to exceed" figures listed in this section refer to personnel expenses only and do not include reimbursables. Reimbursable expenses are above and beyond the "not to exceed" figure. Expenses shall be paid to the Consultant at cost with no markup. All fees will be billed and due payable after July 1, 1979. With each billing the Consultant shall list the individual, the hours worked and the hourly rate. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. 1�/e The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. It is further stated that there are no other consideration or monies contin- gent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: ROBERT BURNS & ASSOCIATES ARCHITECTS -PLANNERS RIVERSIDE, IOWA: ATTEST: Mayor R6bert P. Burns, AIA, principal City Cleft STATE OF IOWA SS: JOHNSON COUNTY On this day of (ffiAu. , 19 79, before me, a Notary Public duly co issioned and qualified in and for said County and State, personally appeared Q. %/ems , Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. STATE OF IOWA SS: COUNTY OF JOHNSON Notary Public in and for Johnson County, Iowa On this 614 a of A.D., 1979 , before me personally came and appearedme known to be the persons who executed the above instrument who being fix st duly sworn by me depose and state that they are members of the ✓1,„an,a and A"X(' 4 and that they executed the foregoing Agreement in the firm name of d and that they had authority to sign the same, and they did acknowledge to me that they executed the same as the act and deed of said R4E,ef 6,,?,A cz d/4,&do,,ia15dfor the uses and purposes mentioned therein. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. U�' LQ i 611 ej Notary Public in and for said County and State RECEIVED & dPPROM B LEGA , D AI TEQ�iT 3 G: EXHIBIT "A" TO TERMS AND CONDIT10rvb uETWEEN THE OWNER AND THE CONSULTANT FOR PROFESSIONAL SERVICES Duties, Responsibilities and Limitations of the Authority of the Resident Project Represeniative(s) ' A. GENERAL The Resident Project Represenialive is the CONSULTANT's Agent and shall act under the supervision and direction of the CONSULTANT. B. DUTIES AND RESPONSIBILITIES The Resident Project Representative shall 1. Schedule: Review the progress schedule prepared by the Contractors) for compliance with the contract(s) and give writ- ten advice to the CONSULTANT concerning its acceptability. 2. Conferences: Attend pre -construction conferences. Ar- range a schedule of progress meetings and other job confer- ences as required in consultation with the CONSULTANT and notify in advance those expected to attend. Maintain and circulate copies of records of the meetings. 3. Liaison: a. Serve as the CONSULTANT's liaison with the Contractor(s) working principally through the Contractor(s)' superinfen- dent(s). Alert the Contractor(s), through his superintendent, to the hazards involved in accepting and acting upon instructions from others, except such instructions transmitted through the CONSULTANT. b. Cooperate with the Contractor(s) in his dealings with the various local agencies having jurisdiction over the PROJECT in order to complete service connections to public utilities and facilities. c. Assist the CONSULTANT in obtaining from the OWNER additional details or information, when required at the job site for proper execution of the work. 4. Approvals: When required, assist the CONSULTANT in ob- taining from the Contractors) a list of his proposed suppliers and subcontractors. 5. Samples: Assist the CONSULTANT in obtaining field sam- ples of materials delivered to the site which are required to be furnished, and keep record of actions taken by the CONSULT- ANT. 6. Shop Drawings: a. Receive reviewed shop drawings and other submissions from the CONSULTANT; record the data received, maintain a file of the drawings and submissions, and check the construction for compliance with them. b. Alen the Contractor(s)' superiniendent(s) when he observes materials or equipment being installed before review of shop drawings or samples, where such is required, and advise the CONSULTANT when he believes it is necessary to disap- prove work as tailing to conform to the construction con- tract(s). 7. Review of Work, Inspections and Tests: a. Conduct on-site observations o1 the work in progress for the CONSULTANT as a basis for determining that the PRO- JECT is proceeding in accordance with the construction contract (s). b. Disapprove of or reject work observed which is detective; i.e., it is unsatisfactory, faulty, or does not conform to the requirements of the construction contract(s). c. Verify that tests, including equipment and systems start- up, which are required by the construction contracts) are con- ducted and that the Contractor(s) maintains adequate records thereof; observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the PROJECT, record the out- come of these inspections and report to the CONSULTANT. 8. Interpretation of Construction Contract: Transmit to the Contractors) the CONSULTANT's interpretations of the con. struction contract(s). 9. Modifications: Consider and evaluate the Conlractor(s)' sug- gestions for modifications in the drawings or specifications and report them with recommendations to the CONSULTANT. 10 10. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents including all ad- denda, change authorizations, field orders, and additional draw. ings issued subsequent to the award of the contract(s), the CONSULTANT's interpretations of the construction contract (s). progress reports, and other PROJECT related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, list of visiting officials, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing the test procedures. c. Record the names, addresses and telephone numbers of all contractors, subcontractors and major material suppliers. d. Maintain a set of drawings on which authorized changes are noted, and deliver to the CONSULTANT at the completion of the PROJECT. 11. Reports: a. Furnish the CONSULTANT periodic reports as required of progress of the PROJECT and the Contractor(s)' compliance with the approved progress schedule(s). b. Confer with the CONSULTANT in advance of scheduled major tests, inspections or start of important phases of the' PROJECT. 12. Payment Requisitions Review applications for payment with the Contractor(s) for compliance with the established procedure for their submission and forward them with recommendations to the CONSULT. ANT, noting particularly their relation to the work completed and materials and equipment delivered at the site. 13. Guarantees, Certificates, Maintenance and Operation Manuals During the course of the work, assemble the Guarantees, Certifi. cates, Maintenance and Operation Manuals and other -required data to be furnished by the Contractors) and upon acceptance of the PROJECT, deliver this material to the CONSULTANT for his review and forwarding to the OWNER. 14. Completion: a. Prior to inspection for substantial completion, submit to the Contractors) a list of observed items requiring corrections. b. Conduct final inspection in the company of the CONSULT. ANT and the OWNER and prepare a final list of items to be corrected c. Verify that all items on the final list have been corrected and make recommendations to the CONSULTANT concerning acceptance C. LIMITATIONS OF AUTHORITY Except upon written instructions of the CONSULTANT the Resident Project Representative: 1. Shall not authorize any deviation from the construction contracts) or approve any substitute materials or equipment. 2. Shall not undertake any o1 the responsibilities of the Con- tractor(s), the subcontractors or the Contractor(s)' superinten. dent. 3. Shall not expedite the work for the Contractor(s). 4. Shall not advise on or issue directions relative to any aspect 01 the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Com siruction Contract(s). 5. Shall not authorize the OWNER to occupy the PROJECT in whole or in part. 6. Shall not participate in specialized field or laboratory tests or inspections conducted by others. 7. Shall not assist contractor(s) in maintaining up to -date copy of Record Drawings. �u EXHIBIT B DIRECT PERSONNEL EXPENSE Secretarial $3.00/hour Drafts Person $6.00/hour 11LSOLUTIO,N NO. 79-146 111-30I01ON CIEITI'I PING UNPAID WNITR CHARGES 7'0 ODUNTY AUDITOR MR OOLLECTION IN THE SAME MANNER AS A PROP= TAX. WBEREAS, 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 W1B7REAS, 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 April 3, 1.979, 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, '111E?11-01ZE, BE IT RESOLVI-D BY TUE CITY COUNCIL OF TIIE CITY OF IOWA CITY, IOWA, that the city treasurer 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 Balmer and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perrot X Roberts X Vevera Passed and approved this 3rd day of April 1979. Mayor City Clerk 3 21 T( 41�pl 02-00888-4 Delinquent Acct: James R. Peterson, 715 N. Gilbert Owner: David J. Lilly and Annette Description: S 75' of E 77' of Lot 1 Blk. 53 OT 02-01025-1 Delinquent AccL: Paul F. Maher, 230 N. Gilbert St. Owner: Oscar W. and John P. Smith Description: N 110' Lot 4 and E 10' S 40' Lot 4 OT all in Blk. 47 03-01730-3 Delinquent Acct: Paul Decious, 918 N. Dodge Owner: Charles N. Alberhasky or Mary Ellen Description: All Lot 46 sub. div. SE I. Sec. 3-79-6 06-03540-1 Delinquent Acct: Eric Carlson, 1010 N. Dodge Owner: Eric Carlson Description: All Lot 4 Blk. 2 Deweys Add. Water $ 8.86 Sewer 3.44 12.30 Water $ 11.45 Sewer 4.45 15.90 Water $ 15.11 Sewer 5.88 20.99 Water $ 8.12 Sewer 3.16 11.28 R�etl�Yli/�i'I l�R.lytrl��il4 aili � ARI �R�R/i/I IA.li 2 11-06990-6 Delinquent Acct: George Schoephoerster, 435 S Summit St Owner: David S. Sands Description: S 60' Lot 14 Blk. 2 C.H. Berryhills 2nd Add, 12-7335-3 Delinquent Acct: Debra Holch, 1519 Muscatine Ave. Owner: Richard T. and Mary E. Davin Description: W 6215' of Lots 22, 23 and 24 Blk. 10 Rundell Add. 12-7645-2 Delinquent Acct: Sandra Erikson, 1324 Muscatine Ave. Owner: Cora Griffin Description: All Lot 2 WC Motts Sub. Div. of part of Blks. 5 and 7 Clark & Borlands Add. Water $ 5.64 Sewer 2.20 7.84 Water $ 17.89 Sewer 6.96 24.85 Water $ 15.26 Sewer 5.94 21.20 12-7715-6 Delinquent Acct: Hartland Donley, 1112 Muscatine Ave. Water $ 8.64 Owner: Hartland G. Donley Sewer 3.36 Description: Com. 188.7' S of NW cor. of Lot 5 Blk. 2 12.00 NW 54' NE 45.9' W 3815' S 52' and SW to beg. Clark & Borland Add. 13-8465-2 Delinquent Acct: Mathew Lovelace, 1327 Cedar Street Owner: Calvin D. and Valerie D. Siebert Description: Lot 1 Blk. 4 Pleasant Place 2nd S. Div. 16-10665-2 Delinquent Acct: Mike Hawotte, 2110 E. Court St. Owner: James A. and Vivian S. Dunlap Description: Lot 18 Dunlaps First Add. 16-11133-2 Delinquent Acct: Steven Fuller, 2115 E. Court St. Owner: Ralph K. Ihrig Description: W 75' Lot 1 Blk. 20 EIC 16-11440-3 Delinquent Acct: Raymond Reschly, 2209 F Street Owner: Raymond L. Reschly and Wava A. Description: N 15 Lot 3 Blk. 6 East Water $ 18.20 Sewer 7.08 25.18 Water $ 22.44 Sewer 8.73 31.17 Water $ 18.42 Sewer 7.17 Water $ 8.07 Sewer 3.14 11.21 16-14rn5-1 -el4Rq ent Aceb. o44 BerriQ 6I8 S First; Ave Water $ 10 67 (-see below) Sewer4 15 gwmer: F.G. and A.K. PAa K.V. Gil-bri d„ 1�A� bescr iptiona Lot li Emsen S. Div. NW k, See. 13 79 16-11690-2 Delinquent Acct: Larry Kahn, 620 S. First Ave. Water $ 2.60 Owner: F.G. and A.K. and K.V. Gilbride Sewer 1.01 Description: Same as Acct. 16-11685-1 —T. -6T /'4 3 3 17-11918-2 Delinquent Acct: Cal McGowan, 902 Fourth Ave. Owner: Earl Yoder Description: Lot 4 Ex. E 20' N 75' thereof also S 75' W 20' Lot 3 all in Blk. 27 OT 17-11918-3 Delinquent Acct: Debbie Hicks, 902 Fourth Ave. Owner: Earl Yoder Description: Lot 4 Ex. E 20' N 75' thereof also S 75' W 20' Lot 3 all in Blk. 27 OT 17-12335-2 Delinquent Acct: Karen 1(alergis, 2131 H Street Owner: Robert Lee Richardson and Kathleen A. Description: N 100' Lot 1 and E 20' N 100' Lot 2 Blk. 13 E Iowa City 21-15005-7 Delinquent Acct: Bobbie R. Bagwell, 813 Gilbert Ct Owner: Robert L. Woodburn or Mary M. Description: E 100' of Lot 7 Blk. 4 Lyons 1st Add. -.d alley adj. to the H of E 100' Lot 6 Water $ 14.62 Sewer 5.68 2U.30 Water $ 36.26 Sewer 14.10 50.36 Water $ 40.21 Sewer 15.64 55.85 Water $ 32.74 Sewer 12.73 45. T77 21-15445-2 Delinquent Acct: Serendipity Pub, 1310 Highland Ct. Water $117.18 Owner: Ken O'Donnell Sewer 45.57 Description: Lot 24 Highland Park Add. 162.75 27-]8780-2 Delinquent Acct: Joe Jones, 1214 Friendly Ave. Owner: Jack I. or Miriam J. Young Description: All Lot 38 Kirkwood Place 27-18800-2 Delinquent Acct: Mark Rausch, 1215 Pickard St. Owner: Howard Porter Description: N 63' of Lots 26 and 27 Kirkwood P1. Water $ 6.88 Sewer 2.67 9.55 Water $ 4.44 Sewer 1.72 6.16 27-19230-4 Delinquent Acct: Wendy Gallien, 1600 Yewell St. Water $ 3.88 Owner: Jeffrey I. DeFrance Sewer 1.51 Description: Beg. 30' S of NE cor. SE; SW; Sec. 14-79-6 5.39 5 89 32' W 155' S 120' N 89 32' E 155' N 120' to beg. ex. S 5' thereof and ex. E 55' thereof -V 5W 4 33-23935-3 Delinquent Acct: Joseph Ascroft, 814 Walnut St. Owner: Joseph and Irene W. Ascroft De, ription: E 54.4' of Lots 6 and 7 H Smith Sub. Div. Part of SEk SEk NEh 15-79-6 35-25300-3 Delinquent Acct: Tom Cooper, 750 Grant St. Owner: L.R. Brumley Description: Com. at SE cor. of Lot 11 Blk. 5 Rundell Add. thence N 150' E 10' S S 150' and W 10' to beg. 38-27630-2 Delinquent Acct: William Schutz, 2717 Wayne Ave Owner: Clifford and Mabel Walters and George W. and Esther I. Breithreuz Description: Lot 2 Blk. 5 Part 3 Towncrest Add. Water $ 6.18 Sewer 2.40 8.58 Water $ 12.55 Sewer 4.88 17.43 Water $ 3.33 Sewer 1.30 4.63 , . . 41-29490-0 Delinquent Acct: Janet H Owner: Wayne C. Housel Description: S 48' W 40' Koch, 606 Jefferson Apt. C Lot 5 Blk. 26 OT Water $ 10.08 Sewer 3.92 14.00 5 43-31245-5 Delinquent Acct: Sheldon Ohringer, Owner: George Jansen Description: E 60' of N 73' of Lot 329 N. Lucas St 1 Blk. 16 OT Water $ 1.66 Sewer .64 2.30 : r, gni Delinquent AAGt— WRs F emypr 125 College G7 D1 Water e_a, 52 owner: Elwood 'iid Kathleen Bue Sewe ---1-2.-z'6 Desefiptien! CBm- at NW Eff. Of !Ht- 3-: 78 53-38047-3 Deliqnuent Acct: Patrick Teubner, 611 S. Van Burn #5 Water $ 10.07 Owner: Jonn Schintler Sewer 3.92 Description: E 50' Lots 1 and 2 N 30' E 50' Lot 3 13.99 B'k. 2 Lyons 1st Add. 596 N 54-39075-3 Delinquent AccL: William Jennings, 204 McLean St. Water $ 28.84 Owner: John T. Nolan Sewer 11.22 Description: Lot 13 Blk. 3 Manville Heights Add. 40.06 mmrr�'—n a ra �. Manville Heights Add- �. 59-43301-8 Delinquent Acct: Jeff Dreese, 201 Myrtle #6 Water $ 1.94 Owner: Marjorie Ziegler Sewer .76 Description: E' of the foll. com. at a pt. 211' W 2.70 of Inter. of W/L of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' E to pt. 160' S of beg. N 160' to beg. Sperry's S. Div. Lot C 59-43310-7 Delinquent Acct: Bob Pastor, 201 Myrtle #8 Owner: Marjorie Ziegler Description: Ek of the foll. com. at a pt. 211' W of Inter. of W/L of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' E to pt. 160' S of beg. N 160' to beg. Sperry's S. Div. Lot C 59-43325-7 Delinquent Acct: Bev Doran, 205 Myrtle #2 Owner: LeRoy Ziegler Description: hes of the foll. com. at a pt. 211' of W/L of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' S of pt. of beg. N 160' to beg. Sperry's Sub. Div. Sec. 16-79-6 Lot C Stricklers 59-43330-5 Delinquent Acct: Twyla Carey, 205 Myrtle #3 Owner: LeRoy Ziegler Description: W� of the foll. com. at a pt. 211' of W/L of Riverside Dr. and S/L of Myrtle Ave. W 110' S 160' S of pt. of beg. N 160' to beg. Sperry'g Sub. Div. Sec. 16-79-6 Lot C Stricklers Water $ 2.51 .97 3.48 Water $ 10.11 Sewer 3.93 14.04 Water $ 31.13 Sewer 12.10 43.23 61-44385-2 Delinquent Acct: Kevin Kelly, 41 Lincoln Ave. Water $ 14.50 Owner: Fairbank Agency, Inc.; card shows harry E. Sewer 5.64 and Myrtle B. Emerson 20.14 Description: Com. 12/5' N of SE cor. Lot 27 Suburban ligts. NW 147.7' S 74' E 143 and N 58' to beg. - 5210-2 Delinquen 0 x1f7 5`f,P D 64-47210-1 Delinquent Acct: Robert L. Conley, R.R. #6 Water $ 26.63 Owner: Hugh E. Sippel, Contract Owner Sewer 10.35 Description: NE cor. of Govt. Lot 2 Sec. 3-79-6 36.98 Owmer! Ray j. Keia Sewar on 68-49235-5 Delinquent Acct: Robert Hout, 115, S. Dubuque Owner: Roy J. Koza Description: S 20' of E 70' of Lot 1 Blk. 81 OT 69-50280-2 De "nquent Acct: Mark Fuller, 320 Westminster St Owner: David W. and Shirley A. Day Description: Lot 21-D Oak Woods Add. Part One Water $ 3.54 Sewer 1.37 4.91 Water $ 14.28 Sewer 5.56 19.84 78-57065-1 Delinquent Acct: P.W. Prueitt, 1124 Oakcrest #10 Owner: James L. or Carolyn A. Kacena Description: Lots 11 and 12 replat of Lots 5 and 6 Part 4 Terrace Hill Add. 99-99555-1 Delinquent Acct: Hong Kong Rest., 715 S. Riverside Dr. Owner: Lassies Red Barn, Inc. Description: All Lots 2 and 3 Blk. 1 Cartwrights Add. and ' of alley on W exc. Highway Water $ 15.24 Sewer 5.92 21.16 Water $ 63.22 Sewer 24.59 8 81 yf19 IUMLUPION NO. 79-147 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A STATE TRANSIT ASSISTANCE CAPITAL AND OPERATING GRANT FROM THE IOWA STATE DEPARTMENT OF TRANSPORTATION. 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 Iowa State Department of Transportation is offering a State Transit Assistance Capital and Operating Grant which is designed to assist local governmental units in assuming the considerable financial burdens of a public transportation system, and WHEREAS, the State Transit Assistance Grant is being applied for in the amount of $214,274.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA, that the Mayor be directed to execute an application to the Iowa State Department of Transportation, Public Transit Division, for a State Transit Assistance Capital and Operating Grant. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of April, 1979. MA OR ATTEST: CITY CLERK N Til I.l1.; a1•�.v_;T�: P IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION STATE TRANSIT ASSISTANCE GRANT APPLICATION FISCAL YEAR 1980 Submitted by THE CITY OF IOIVA CITY, IOWA Robert A. Vevera, Mayor G /. Prepared by: Hugh A. Mose Transit Manager Keith Friese Transportation Planner APPLICATION LE= Applicant's Legal Name: City of Iowa City Mailing Address: Civic Center, 410 East Washinqton Street Iowa City, Iowa 52240 Telephone Number: 319 354-1800 (Area) Date: April 3, 1979 Capital Assistance: $ 10,074 Operating Assistance: $ 204,200 Total Ammmt Requested: $ 214,274 1 � Signature.- Title: ignature: Title: Mayor, City of Iowa City, Iowa AUIHORIZING RESOLUTION We, hereby, authorize the City of Iowa city, Iowa (Applicant's legal name) on April 3, 1979 (date) to apply for $ 214, 274 (total amount of funds) to be used for Capital and operating (capital and/or operating) assistance under the state transit assistance program and enter into contract with the.Iowa Department of Transportation. Name: City Council, city of Iowa city, Iowa (Applicant's Govern By: Title: Mayor. City of Iowa City, Iowa Address: Civic Center, 410 E. Washington Street Iowa City, Iowa 52240 Telephone: 319 / 354-1800 (Area) OPINION OF LEGAL COUNSEL It is my opinion that the City of Iowa City, Iowa (applicant's legal name) has the authority to apply for state transit assist- ance funds and expend such funds if awarded in accordance with Iowa DepaKtment of Transportation Rules 820-(09,B)1 as adopted September 7, 1976 by the Trans- portation Commission and approved on October 13, 1976 by the Legislative Rules Committee; that the above name is a duly constituted agency in accordance with the laws of Iowa; and that there is no existing or threatened legal impediment to the above named applying for or receiving such funds, or carrying out the project if successful in being awarded such funds. Name: City of Iowa Ci —Jr-1N.M•a"<4 Address: ri„ir Cpntpr. 410 East Washington Street Tnwa City, Towa 52240 Telephone: 319 / -454-1800 (Area) �rd Agency Namo City of Iowa FY 1980 a. b. c. d. e. L, g. ACCOUNT FOR ALL PERSONNEL BY PERSONNEL JOB TITLE OR CLASSIFICATION YEARLY NO. OF TOTAL YEARLY EMPLOYERS SHARE OF YEARLY YEARLY PERSONNEL (Lb Not List Names) SALARY PERSONS SALARIES (bxc) THE YEARLY FICA/IPERS FRINGE BENEFITS COSTS (d+e+f) 1. Transit Manager $17,998 1 $ 17,998 $ 2,421 $ 1,014 $. 21,433 2. Senior Driver 12,624 1' 12,624 1,698 711 15,033 3. Transit Operations Asst. 12,277 1 12,277 1,652 692 14,621 4. Maintenance Worker II 10,387 1 10,387 1,397 585 12,369 5. Account Clerk - Part time 5,145 1 5,145 692 290 6,127 6. Bus Drivers 10,157* 19 192,981 25,960 10,876 229,817 7. Bus Drivers - Part time 6,692* 22 147,220 19,804 8,297 175,321 S. Maintenance Workers I - Part time 5,333* 2 10,666 1,435 601 12,702 Subtotal $409,298 $ 487,423 9. Temporary & Overtime Wages.. 31,651 31,651 a a Adjustment 22,511 22 511 TOTALS E 48 $463,460 $ 55,059 $ 23,066 $ 541,585 TOTAL PERSONNEL COSTS $ 541,585 * _Bus Drivers and Maintenance Workers' wages vary; these figures represent average yearly wages of all employees in the job classification. CONTINUATION OF FLNDING We, the City of TOWa City Iowa (agency name), realize that state transit assistance fiords are appropriated by the State Legislature on a year-to-year basis. We also realize that if such funds are awarded as a result of this application, there is no guarantee of additional funding, either in the present or future years. We also realize that if future fiords are either not awarded or not available it will be necessary to provide financial support for transit services from sources other than the Iowa DOT Transit Assistance Program. Our plans for financing transit services after Iowa DOT transit funds are depleted are as follows: Before the enactment of the State Transit Assistance Program the City of_Iowa City supported its transit system through the farebox the general fund, and federal revenue sharing Should State assistance cease to be _ Available, the City would continue to provide transit service through the use of these sources plus federal funding under UMTA Section 5 or 18 which- ever is applicable. The level of service and fare structure would be adjusted_ as necessary. Name: city Council, City of Iowa City, Iowa ApR�12 cant/'s G/ovepning B y Signature Title: Mayor, City of Iowa City Address: Civic Center, 410 E. Washington St. Iowa City, Iowa 52240 Telephone: / _ 1 QQ Area � 246 / GRANT APPLICATION SUMMARY IREGION/URBAN AREA city of Iowa city Funds Suggested - Funds Requested $ 214,274 Funding Recommended for Approval (for Iowa DOT use only) Use of Project Funds: Operating Deficit $ 204,200 Capital Expenditures $ 10,074 OPERATING BUDGET Expenses $ 936,265 Revenue $ 391,732 Support S 544. S77 CAPITAL BUDGET Expenses $ 407,632 Capital Items 3 45 -pass. coaches Two-way radios Bus stop signs mus stop shelters office & shoo equipment Pre -engineering -New Transit Facility OPERATING SUPPORT Source Amount Federal Revenue Sharing $ 293,413 Tort Liability Levy $ 46,920 TOTAL $ 340,333 Iowa DOT $_ 204,200 CAPITAL SUPPORT Source Amount Federal Revenue Sharing $ 16,027 UMTA Grant (Sect. 18/3) $ 319,720 State Grant (FY 178) $ 14,730 State Grant (FY '79) $ 15,161 City Equipment $ 319,200 Replacement Reserve $ 31,920 $ 36,200 $ 20,250 $ 24,000 $ 2,786 TOTAL $ 397,558 $ 5,196 IOWA DOT $ 10,074 j D fo,m 070007 B -7C Of TR4,t, n s • L � IOWA SUMMARY FINANCIAL OPERATING STATEMENT for City of Towa City FROM July 1, 1979 - June 30, 1980 l • Note: Do not list on this form any subsidies received - see Section 9. ** Budgeted separately from transit. `S dt I' [� Y AR `J 8- FISCAL YEAR j979-2980 STATE FUNDS %STATE FUND TO ACT. ExPENSENSES TOTAL BUDGET REQUESTED TOTAL BUDGET OPERATING REVENUE General Revenue s>�-4•Y"t4�✓, j.ru , „•� Cash Passengers $ 265,000 $ 275,000 ,t,�x..;�,. <y.�.�•,a1..,•,�._ r; Trip Tickets Weekly Passes.,•.;; - ' �: ;"`',' ? ::•`,j' -.» e ,;'; Mont Il Passes Oon cs �:='.ate •%'� ra<.T,;^,. h� 1., t �i. � �'r•• � 2 f ., Sub -Total 375,000�S� ,7 , , �' �; ' 7✓ General Charter Revenue . .fir Y.titj \ 4. ,i{• ; ...` .Y ' K'% K• '^-tis; •.� -T' ':> : a5,.,`I'• School Revenue Passes and Cash _ i' :%"=';-'. ".;t: -i ;moi• , •_�S}.�,• r.:,.,,.ti.,; :: Charter _ _j. , Sub -Total _ _ ;,•;�,,.;�a.,r.,,,.=>;�r:�< .,jyi,}-`'? TOTAL REVENUE (A) $ 375,000 $ 390,000 OPERATING EXPENSES General and Administration $ 84,468 95,022 20,724 21.8 Accounting - - - „ Insurance and Safety 44,683 ** 46,920 ** 10,233 " Operating- Taxes 51,300 55,059 12,008 Operations Supervision 18,027 20,182 4,402 Maintenance 286,440 256,440 55,930 Transportation 380,475 408,432 89,079 Service and Cleaning 24,353 24,410 5,324 Purchasing and Inventory 71-06-0- 6 550 Marketing 20 650 23,250 TOTAL EXPENSFS B) NON-OPERATING INCOME Interest - - Advertising 1,000 1,732 TOTAL NON -OP. INCOME (C) $ 1,000 $ 1,732 NEr INCOME (LOSS) ((A-B)+C) ($ 541,456) ($ 544,533) $ 204,200 37.5 l • Note: Do not list on this form any subsidies received - see Section 9. ** Budgeted separately from transit. `S dt 020001 7 Page 1 of 3 } w *+ DETAILED i►, FINANCIAL OPERATING STATEMENT ca' o for `'f� • City of Iowa City FROM 7/1/79 - 6/30/80 �d� FISCAL YEAR 1978-J1979 ACT. EXPENSES FISCAL YEAR 1979-1980 BUDGET STATE FUNDS REQUESTED STATE FUNDS TO TOTAL BUDGET GENERAL $ ADMINIS.: Salary -General Mgr. Expense -Gen. Mgr. Gen. Employee Travel Salaries -Staff Gen. Employee Exp. Dues & Subscriptions1,050 Office Supplies Gen. Medical Exp. Accounting Fees ..Legal Professional Fees Vacation/Sick Leave Telephone Group Life Insurance Ace. $ Health Wages Employee Hosp. Ins. Pension Costs Transit Planning Trustee Expense Aid to Agenri PR 17,998 18,988 4,141 21.8 - - - 1,775 2,320 506 " 5,145 5,428 1,184 " 1,000 218 " 22 400 520 ]11 ROO ins „ inn„ „ 2,200 2,500 545 „ 19,000 23 066 5,031 „ 800 1.200 1 262 ” 32,000 Ml C('Pl 1 RIIpmiq2.100" TOTAL GEN./ADMIN. ACCOUNTING: Salaries $ Wages Office Supplies Vacation/Sick Leave Accounting Services Revenue Security Exp. TOTAL ACCOUNTING INSURANCE G SAFETY: Ins. f, Safety Wages P/L $ P/D Insurance Injuries $ Damages Workmen's Comp. Fire & Theft Ins. Equip. Ace. Rprs. Rev. Equip. - - - - - - - 37,294 39,160 8,541 21 8 6,200 61510 1,420" 1,1RC) 1,250 272 - - $ 44,683 I $ 46,920 $ 10,233 21.8 TOTAL INS./SAFETY �d� om60e DETAILED FINANCIAL OPERATING STATEMENT I for City of Iowa City FROM 7/1/79 - 6/30/80 Page 2 -of 3 1J1_/1/)' FISCAL YEAR .1978-1979 ACT.EXPENSES FISCAL YEAR 1979-1980 BUDGET STATE FUNDS REQUESTED STATE FUNDS TO TOTAL BUDGET OPER. TAXES L LICENSES: - - - Fuel Taxes Social Security Taxes I.P.E.R.S. Unemployment Taxes $ 51,300 1 $ 55,059 $ 12,008 21.8 - - - TOTAL OP.TAX E LIC. OPERATIONS SUPERVISION: $ 51,300 $ 55,059 $ 12,008 21.8 $ 12,277 $ 12,952 $ 2,825 21.8 Salaries 6 Wages Office Supplies Vacation/Sick Leave Utilities Equipment Servicing - - - - - - 5,500 6,730 1,468 250 500 109 " TOTAL OPER. SUPV. MAINTENANCE: Supervisory Salaries Mechanics Labor Repair to Serv. Equip. Vacation/Sick Leave Maint. Supplies - Rev. Equipment Repair Parts - Rev. Equipment Outside Towing Maintenance by $ 18,027 $ 20,162 $ '4,402 21.8 _ _ _ 16,000 3,000 654 3,000 1 1,050 another City Dent, .S? TOTAL MAINTENANCE TRANSPORTATION: Supv. $ Adm. }gages Drivers Wages Rents for Terminals Vaca. B Sick Leave Diesel Fuel Gasoline Motor Oil Anti -Freeze Refrigerant Tires/Tubes Rev. Eqp .Uni Fnrrnc Miccellaneou g $ 286 440 256,440 $ 55,930 $ 12,624 $ 13,315 $ 2,904 360,201 390,567 85,183 - - 4,200 " 150 .$ TOTAL TRANSPORTA. $ 380,475 ----550-1--1202 408,432 $ 89,079 1J1_/1/)' T�.o�ooue ' L Page 3 of 3 DETAILED FINANCIAL OPERATING STATEMENT fox City of Towa City FROM 7/1/79 - 6/30/80 FISCAL YEAR 1978-.1979 ACT.EXPENSES FISCAL YEAR 1979-1980' BUDGET STATE FWDS REQUESTED STATE FUNDS TO TOTAL BUDGET SERVICE & CLEANING: Sup V. & Adm. Wages Service Wages Vacation/Sick Leave Serv. Supplies - Rev. Equipment $ 10,387 $ 10,958 $ 2,390 21;8 10,666 11,252 2,454 - - - - 3,300 2,200 480 21.8 r 24,353 - $ 24,410 - $ 5,324 - 21.8 - TOTAL SERV./CLEAN. PURCHASING &INVENTORY: Salaries & Wages Repairs Bldgs/Grnds. Vacation/Sick Leave Main. Supplies - Bldgs/Grnds. Misc. Purch. & Stores Exp. Freight Surfacino Material 3,500 s 5,000 S 1,091 21.8 - - - - 560 1,050 229 21.8 - - - - - - - - 3,000 500 109 21.8 7 060 - TOTAL PUR./INVEN_ MARKETING: Salaries & Wages Tickets & Schedules Media Advertising i Special Promotions J Agency Fees & Misc. Office Supplies Vacation/Sick Leave MicrP11ane_On5 6 550 - 1 429 21.8 - - 9 100 8,500 $ 1,854 21.8 11 000 12.600 2,748 500 2,100 45 - - - - - - - - SO 50 11 21.8 $ 5,071 't7"'.�!'t�gPn�� 'Y�..•. TOTAL MARKETING $ 20,650 -+D-irtS�sil�•• $�0 21.8 STATISTICS +f Projected Amount for Projected Amount . Previous Fiscal Year For Fiscal Year Net % Statistics 1978 - 1979 1979 - 1980 Change Change Total Passengers 1,650,000 1,700,000 50,000 + 3.0% Annual Revenue Miles of Operation 650,000 680,000 30,000 + 4.6% NLnaber of Vehicles Type (Bus/Van/Etc.) 20 Transit Coaches same -- Year of Manulfactux e 1-1952, 1-1967, 2-1974 - 4 12-1971 3-1977 same Passenger Capacity - 3-51 pass, same Peak Period Usage 16(school year only) same Off -Peak Usage 12 14 2 + 16.78 Hours of Operation - 57,000 60,000 3,000 + 5.3% Days of Operation Monday-Saturdaygame _ Number of Routes 6 route pairs 7 route pairs 1 + 16.7% Fares Adult Elderly Handicapped School Peak (All categories) 25C same -- -- Off-Peak Elderly $ Handicapped Free same -- -- School Field Trips 15C same -- -- Bus $ Shop 15t same -- -- Monthly Pass (Unlimited trips) $8.00 same IOWA CITY CAPITAL GRANT REQUEST - FY '80 Project Description/ Funds Funds Funds Total Funding Agency Previously Transferred Requested/ Estimated Committed To Project Needed FY 180 Cost 3 Transit Coaches TOTAL FEDERAL (Sec. 18/3) IDOT LOCAL 750 Bus Stop Signs TOTAL FEDERAL (Sec. 18) IDOT LOCAL 20 Bus Stop Shelters TOTAL FEDERAL (Sec. 18) IDOT LOCAL 25 Radios (22 Bus, 2 Auto & 1 Base) TOTAL FEDERAL (Sec. 18) IDOT LOCAL $ 16,500 $ 18,431 $ 284,269 $ 319,200 - - 255,360 255,360 9,000 (FY '78) 12,846 (a) 10,074 31,920 7,500 (FY 178) 5,585 (b) 18,835 31,920 4,050 - 16,200 20,250 - - 16,200 16,200 2,025 (FY '79) - - 2,025 2,025 (FY 179) - - 2,025 4,800 - 19,200 24,000 - - 19,200 19,200 2,400 - - 2,400 2,400 - - 2,400 5,860 1,380 28,960 36,200 - - 28,960 28,960 2,930 690 (c) - 3,620 2,930 690 (c) - 3,620 IOWA CITY CAPITAL GRANT REQUEST - FY '80 (Cont'd.) Project Description/ Funds Funds Funds Total Funding Agency Previously Transferred Requested/ Estimated Committed To Project Needed FY '80 Cost Office & Shop Equipment TOTAL LOCAL - $ 2,786 2,786 $ 2,786 e 2,786 Preliminary Engineering New Transit Facility TOTAL - - 5,196 5,196 LOCAL - - 5,196 5,196 (a) Funds previously committed for: $5,085 Bus Stop Signs/Shelters; $2,600 Shop Equipment (FY 178); $4,961 office and shop equipment (FY 179). (b) Funds previoulsy committed for: $5,085 Bus Stop Signs/Shelters; 500 Supervisory Auto. (c) Funds previously committed for: $690 Bus Stop Signs/Shelters. SUMMITRY TOTAL FUNDING NEEDED FOR CAPITAL PROJECTS UMTA, Sections 18/3 Funds Needed IDOT Transit Assistance Funds Needed Iowa City Funds Needed TOTAL FUNDS PREVIOUSLY COMMITTED (FY '78 & 179) UMTA, Sections 18/3 Funds Committed IDOT Transit Assistance Funds Committed Iowa City Funds Committed TOTAL FUNDING COMMITMENT - FY 180 UMTA, Sections 18/3 Funds Requested IDOT Transit Assistance Funds Requested Iowa City Funding Responsibility $ 407,632 $ 319,720 $ 39,965 $ 47,947 $ 56,217 $ 00- $ 29,891 $ 26,326 $ 351,415 $ 319,720 $ 10,074 $ 21,621 Funding Priority by IDOT/UMTA The following project priorities have been established for funding by IDOT/UMTA: 1. 3 New Transit Coaches 2. 25 Radios 3. 750 Bus Stop Signs 4. 20 Bus Stop Shelters SUPPORT INFORMATION IOWA CITY CAPITAL GRANT REQUEST - FY 180 The City of Iowa City is requesting a total of $329,974 in capital grant funds in FY 180. Of this, $319,720 is requested from UMTA, Section 18/3 funds. The remaining $10,074 is requested from the State Transit Assist- ance Program to match federal (Section 18) funds. The City of Iowa City will also commit $21,621 for its share of the projects.' All projects requiring a commitment of state funds were justified and funded in previous IDOT state transit assistance grants. Federal funding for the three (3) transit coaches has been requested in an UMTA Section 3 Capital Grant Application (IA -03-0032). A copy of the application has been submitted to the IDOT, Public Transit Division. This application also meets all re- quirements necessary to request funding under UMTA, Section 18. The re- maining capital projects are compatible with the equipment requested in the Section 3 grant application and were initially included in the applica- tion. However, under advisement from the UMTA, Region VII office in Kansas City, these capital items were deleted. Iowa City is now requesting funding for these items under Section 18. In accordance with the Emergency Regulations for Section 18 funds (see Federal Register, Vol. 42, No. 240; 12-13-78), support information must be provided for all project requests for Section 18 funding. This information must address eleven specific points. It is as follows: 1. Project Description: 750 Bus Stop Signs 20 Passenger Shelters 25 Radios -22 bus, 2 auto and 1 base 2. Project Coordination: See Section 3 grant application - Exhibits B, F, G & J. 3. Public Involvement: See Section 3 grant application - Exhibits F & G and the public hearing process that is part of the Iowa City state transit grant application. 4. Private Enterprise Involvement: Iowa City has sought And will continue to seek the involvement of local private transit operators where possible. Currently, a contract is being negotiated with A Better Cab Company to provide elderly and handicapped transportation service in Iowa City. The capital equipment requested in this application cannot be provided by local private transit operators. 5. A-95 Review: The A-95 Review process will be completed as part of this appli- cation. 6. Labor Protection Provisions - Section 13(c): Iowa City has in the past agreed to the provisions of Section 18(c) of the Urban Mass Transportation Act of 1964, as applicable (see Section 3 grant application) and will agree to the same provisions under Section 18. 7. Title VI Civil Rights: Iowa City has in the past agreed to the provisions of Title VI, Civil Rights Act of 1964, 42 U.S.C. 2000d, and Minority Business Enterprise activities (see Section 3 grant application) and will agree to the same provisions under Section 18. 8. Environmental Assessment: See Section 3 grant application, Exhibit L. 9. Project Budget: See Iowa City Capital Grant Request FY 180 in this application. 10. Provisions for Elderly and Handicapped: See Section 3 grant application, Exhibit M and the above Private Enterprise Involvement. 11. Charter and School Bus Provisions: Iowa City has in the past agreed to the provisions relative to charter and school bus operations (see Section 3 grant appli- cation) and will agree to the same provisions under Section 18. 17 CITY OF IOWA CITY FUNDING FOR CAPITAL GRANT PROJECTS - FY 180 Bus Stop Signs/Shelters This project was previously approved by IDOT in FY 179 as part of Iowa City's state transit assistance grant. Funding commitments and needs for this pro- ject.;were as follows: FUNDS COMMITTED FUNDS NEEDED TOTAL Iowa City IDOT Subtotal Federal $ 10,200 $ 10,200 $ 20,400 $ 81,600 $102,000 This project is now revised and requires the following funding levels: Iowa City IDOT Federal (Sec. 18) TOTAL $ 4,425 $ 4,425 $ 35,400 $ 44,250 As a result of the project revision, there is an excess state and local financial commitment to this project. It is as follows: IOWA City IDOT $ 5,775 $ 5,775 It is requested that the excess funds be reallocated as follows: Funding Commitment To Iowa City IDOT Radios Project $ 690 $ 690 Transit Coaches Project 5,065 5,085 TOTAL 5,775 5,775 Radios This project was previously approved by IDOT in FY 178, as part of Iowa City's state transit assistance grant. Funding commitments and needs for this project were as follows: FUNDS COMMITTED Iowa City MOT $ 2,930 $ 2,930 Subtotal $ 5,860 FUNDS NEEDED TOTAL Federal $ 23,440 $ 29,300 This project is now revised and requires the following funding levels: Iowa City IDOT Federal (Sec. 18) TOTAL $ 3,620 $ 3,620 $ 28,960 $ 36,200 It is requested that funds previously committed for the Bus Stop Sign/Shelter project be used to cover the added cost of this project. Funding Commitment From Iowa City IDOT Original Radio Project $ 2,930 $ 2,930 Bus Stop Sign/Shelter Project 690 690 TOTAL $ 3,620 $ 3,620 Transit Coaches This project was originally for the purchase of one transit coach. It was approved in FY '78, as part of the Iowa City state transit grant application. Funds committed or needed for this project were as follows: FUNDS COMMITTED FUNDS NEEDED TOTAL Iowa City IDOT Subtotal Federal (Sec. 3) $ 7,500 $ 9,000 $ 16,500 $ 66,000 $ 82,500 This project is now revised to 3 transit coaches per the section 3 capital grant application and requires the following funding levels: Iowa City IDOT Federal (Sec. 18/3) TOTAL $ 31,920 $ 31,920 $ 255,360 $ 319,200 It is requested that the added state and local cost of this project be covered with funds previously committed and with an additional commitment of funds for FY '80. Funding for this project is as follows: Funding Commitment From Iowa City IDOT Original Bus Project $ 7,500 $ 91000 Bus Stop Signs/Shelter 5,085 5,085 Shop Equipment (FY 178) 2,800 Office/Shop Equipment (FY '79) 4,961 Supervisory Auto (FY 179) 500 Transit Assistance Grant (FY '80) 10;074 Iowa City (FY 180) 18,835 TOTAL $ 31,920 $ 31,920 Vacuum, Scrubber & Calculator These items are estimated to cost $2,785 which will be funded with Federal Revenue Sharing funds, as part of Iowa City Transit's FY '80 budget. Preliminary Engineering for New Transit Facility This item is estimated to cost $5,196 which will be funded with Federal Revenue Sharing Funds, as part of Iowa City Transit's FY '80 budget. SUPPORT INFORMATION IOWA CITY OPERATIONAL GRANT REQUEST FY '80 The City of Iowa City is requesting $204,200 in state transit assistance funds to cover the projected operating cost of the Iowa City Transit system. This request represents the accurate financial needs of the system based on a realistic budget forecast of expenditures and revenues during fiscal year 1980. Further, this request takes into consideration the strong local commitment of financial resources and the system's ability to consistently achieve its stated goals. A review of Iowa City transit system budgets from previous years in relation to actual reveneus and expenditures shows that the system has consistently operated within its budget while receiving higher than expected farebox revenues. This achievement is the result sound financial management and agressive efforts to meet the transit needs of the public. These facts are documented in the FY '79 Transit Development Program Update (TDP) for the Iowa City-Coralville urban area. The TDP update identifies eight performance indicators by which the twelve largest transit systems in Iowa are evaluated. The following shows three of these indicators which are characteristic of financial performance. In each case, Iowa City is operating more efficiently than the average for other systems in Iowa. Indicator Iowa City Transit State Average Average Cost Per Mile $ 1.16 $ 1.24 Average Cost Per Ride 0.46 0.78 Operating Deficit Per Ride 0.44 0.48 As for meeting the public's transit needs, Iowa City is among the very best in the state. The two indicators below clearly illustrate this point. Indicator Iowa City Transit State Average Revenue Miles Per Capita 11.36 miles 7.70 miles Ridership Per Capita 28.65 persons 12.28 persons Iowa City's strong financial support of its transit system is indicated by the operating deficit per capita. The average per capita operating deficit in Iowa City is $8.14 while the average for other transit systems in the state is $5.38. This reflects Iowa City's general philosophy of providing a higher level of service through municipal financial support while encouraging maximum transit usage through low fares and other municipal policies. The average fare in Iowa City is 23C as compared to a 34fi average for the remainder of the state. Despite the negative financial impact of a lower than average fare policy, Iowa City Transit has maintained a ratio of revenues to expenses of .49. This is also indicative of sound financial management. The $204,200 requested for operating support is based on actual transit system needs, rather than the suggested guidelines used by the IDOT, Public Transit Division, to evaluate a system's maximum financial needs. It, however, is important to note that this request is within three of the evaluation criteria that have been identified by IDOT. They are: a) The State will fund local transit deficits in excess of a 2 -mill property tax levy. b) The State will fund between 40 and 45 percent of the transit operating deficit. c) The State will fund approximately 25 percent of overall - transit operating expenditures. If the City of Iowa City were to request State assistance based on transit sup- port beyond a 2 -mill property tax levy, the amount of assistance could be cal- culated as follows: Given: Projected Operating Deficit = $ 544,533 2 mills of Property Tax in Iowa City = 293,732 Therefore: Transit Cost Beyond 2 Mill Levy = $ 250,801 Using this criterion, a grant application of about $250,000 would seem reason- able. If the City of Iowa City were to request State transit assistance based on 408 to 458 of its transit operating deficit, the corresponding amount could be calculated as follows: Given: Projected Operating Expenses = $ 936,265 Projected Operating Income = 391,732 Projected Operating Deficit = 544,533 Therefore: 408 of Operating Deficit = $ 217,800 458 of Operating Deficit = 245,000 Using this criterion, a grant application in the range of $217,800 to $245,000 would appear logical. if the City of Iowa City were to request State transit assistance based on 25% of its operating expenses, the amount to be requested could be calculated as follows: Given: Projected Operating Expenses = $ 936,265 Therefore: 258 of Operating Expenses = $ 234,066 Using this criterion, the appropriate grant application should be for ap- proximately $234,000. In all cases the City of Iowa City's request of $204,200 is far below the maximums calculated using the above criteria. Iowa City Transit has or will meet all of the seven goals identified in its FY '79 state transit assistance grant. The following is a summary of the goals and the accompli- shments of Iowa City Transit. 1. Goal: To supplement elderly and handicapped transit service provided by Johnson County SEATS using taxi service. Accomplishment: A contract is being negotiated with A Better Cab Company and service will be implemented by the end of FY '79. 2. Goal: To continue and build upon the FY '78 marketing program, which will result in an increase of annual patronage by 2%. Accomplishment: A comparison of ridership during the first eight months' of FY '79 with the same period in FY '78 showing an increase of 15.9%. 3. Goal: To continue evening service with an average of 300 passengers per evening. Accomplishment: Evening ridership during the low ridership summer months was below the average; however, ridership during the late fall and winter has been far above the stated goal. Currently, evening ridership for FY '79 is averaging over 300 passengers per evening. ,2 4. Goal: To provide peak -period tripper during the school year with an average of 500 passengers per day during January and February. Accomplishment: The average ridership during the two month period was in excess of 600 passengers per month. 5. Goal: To continue the Johnson County SEATS service for elderly and handicapped with a monthly average of 833 trips. Accomplishment: For the first six (6) months of FY 179, SEATS trips in Iowa City have averaged 1,050. 6. Goal: To continue half-hour service on Saturdays with a 5% increase in patronage over the previous fiscal year to 3,150 passengers. Accomplishment: Saturday ridership for the first eight months of FY 179 have averaged nearly 3,200. 7. Goal: To retain the present half-hour midday service during the summer months. Accomplishment: This service has been retained. v' a41Z' RESOLUTION NO. 79-148 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO PURSUE A HOUSING REHABILITATION PROGRAM WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), 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 City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves grants, as a method of financing property rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council has approved the above program and methods of financing and authorizes its implementation as outlined in the Emergency Repair and Home Winterization program. It was moved by... -Roberts and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of April , 1979. ATTEST: y�L CITY CLERK RECEIVED 6 4PPROVED BTHELEG4 MT }j 11 A TIT, CHAPTER 1. GENERAL 1. LEGAL AUTHORITY FOR EMERGENCY REPAIR AND HOME WINTERIZATION. Grants to perform emergency repairs or winterization o owner occupied single family residential structures located in certain neighborhoods are authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. 2. DEFINITIONS. Following are definitions of various terms as used with respect to emergency repair and home winterization grants. a. Disabled. For the purposes of this program a person shall be considered disabled when that person receives social security disability compensation or disability compensation from other public assistance organizations. Elderly. For the purposes of this program it shall mean any one or more of the property's title holders who is sixty (60) years of age or older. Family. The applicant's family includes the applicant and any other person or persons related by blood, marriage or operation of law, who share the same dwelling unit. Liquid Assets. Property that can be readily converted into cash without appreciable loss in value such as: savings accounts, and/or stocks and bonds. Equity in the dwelling to be rehabilitated or a motor vehicle when used for transportation to and from employment or school is not considered when computing liquid assets. Owner. Means one or more natural persons who hold legal title to a property to be rehabilitated. Owner -Occupied Property. A property occupied by the owner that is used entirely for residential purposes and that contains one dwelling unit. Repair Cost. The total cost of emergency repairs or winterization improvements incurred by the grantee that are includable in an emergency repair or home winterization grants, whether or not financed in part with funds from other sources. h. Construction Specialist. An employee of. the City's Department of Housing and Inspection Services charged with the duties of administrating the specific aspects of emergency repair grant and home winterization programs. CHAPTER 2. PROJECT FINANCING AND ELIGIBLE PROJECT COSTS GENERAL. This chapter covers City Council provisions required for the making of emergency repair and home winterization grants, sources of funds to be used for making grants, program reimbursement for advanced fees, and the costs in connection with emergency repair and home winterization grants that are eligible projects costs. PROJECT FINANCING. Emergency repair and home winterization grants may be made only if there exists a City Council resolution approving the area for emergency repair and home winterization grants and a sufficient appropriation of funds to finance said grants. a. Inclusion of Grant inProject Budgets. The amounts for emergency repair and home winterization grants shall be included in the Community Development Block Grant budget as approved by the City Council. b. Source of Funds for Rehabilitation Grants. Funds to cover an approved emergency repair and home winterization grant shall be provided by the City from project funds in accordance with the procedures established herein. ELIGIBLE PROJECT COSTS. The costs described below, related to the processing of emergency repair and home winterization grants are eligible project costs in a neighborhood as approved by the City Council. Provision shall be made for these eligible project costs in the budget which is appropriate for the program involved. a. City Overhead and Third -Party Contracts. The following costs incurred in the processing and administering of emergency repair and home winterization grants are eligible project costs, to the same extent as costs incurred for other eligible project activities. (1) City cost for staff salaries, wages, and general over- head. (2) Costs incurred under contracts or agreement with organizations, firms, and individuals for technical, professional, and legal services (in lieu of providing such services by the use of regular City staff). Contracts and agreements for the provision of technical, professional, or legal services must meet the City requirements for the third -party contracts as to form and methods of solicitation and execution, and shall be concurred in by the City Attorney's office and the City Council. Other Costs Related to Grants. With the exception of those costs set forth in paragraph 3.a. above, there are no other costs related to the processing of an emergency repair or home winterization grant application that may be included in charges arising from the processing of a grant application that may be eligible project costs. Advancing Funds for Includable Costs. As necessary, the City shall advance project funds to pay for processing fees, credit reports and charges for title reports and recordation fees. CHAPTER 3. COST INCLUDABLE IN EMERGENCY REPAIR OR HOME WINTERIZATION GRANTS GENERAL. An emergency repair grant may be made when a component of the structure is malfunctioning or has deteriorated to a point of endangering the health or safety of the occupant. Upon completion of repairs, the structure must pass building code permit inspections. Home winterization grants may be made when the structure lacks sufficient insulation to achieve R19 in wal 1 s and R22 i n the cei 1 i ng. INCLUDABLE COSTS. Costs includable in a emergency repair or winterization grant are the costs of meeting the requirements of the Building Code as applicable, the Minimum Thermal Resistive Standards, and building permits and related fees as described below: Correction of Emergency or Hazardous Conditions. When necessary to meet a specific requirement, a emergency repair grant may be used, to the extent necessary for: The repair, replacement rehabilitation or removal of elements of the dwelling structure, including basic equipment. The term "basic equipment" includes such items as heating furnace, water heater, and electrical, sanitary fixtures, and structural components. Energy Conservation Measures. A home winterization grant may provide for specific energy conservation measures such as storm windows, caulking and weatherstripping, and attic and wall insulation. Reporting Requirements. The property inspection report should identify the hazardous conditions and energy conservation measures as applicable to establish the basis for providing for corrective work in the grant. Building Permits and Related Fees. A grant may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed corrective work. However, since the construction contract documents will require the contract to pay for them, this cost ordinarily would be included in the contract amount. e. Sales Tax. Since the construction contract is a private contract between a property owner and a private contractor, the grant proceeds may be utilized to pay for required sales taxes. The contractor shall be required to include sales tax in the bid price. COSTS NOT INCLUDABLE. Except as otherwise provided in this sec- tion, a emergency repair or home winterization grant shall not provide for: 4 New construction, substantial reconstruction, expansion of the structure, or the finishing of unfinished spaces. Materials, fixtures, or equipment of a type or quality which exceeds that customarily used in the locality for properties of the same general type as the property to be repaired. Appliances. Acquisition of land. Items of a cosmetic nature, such as, interior or exterior painting, re -siding, landscaping, etc. 4. WORK WRITE-UP. The Construction Specialist or Housing and Inspeon Services Inspector shall prepare a work write-up in accordance with this manual, to document the repair work to be financed with an emergency repair or home winterization grant. ASSURANCE THAT REPAIRS WILL BE COMPLETED. In some instances the repair cost may exceed the amount of the emergency repair or home winterization grant. In such cases, the emergency repair or home winterization grant will not be made unless the applicant can provide whatever additional amount is needed to assure completion of the work so that the property will meet at least the applicable building codes. If the rehabilitation grant will not be sufficient to pay for the repair cost to meet at least the Code, the staff shall not approve the grant unless the applicant can furnish supplementary funds sufficient to complete the work. SUPPLEMENTAL FUNDS. When the applicant is furnishing supplementary funds from sources other than the emergency repair or home winterization grant, evidence that actual funds are available shall consist of verification and documentation by the staff that the applicant can deposit the required amount in the rehabilitation escrow account. CHAPTER 4. FORGIVABLE GRANT 1. GENERAL. This section sets forth the eligibility requirements in regards to the property and the applicant for an emergency repair or home winterization grant. Grants are available to all eligible owner -occupants of single family residential properties which are located in the neighbor- hoods designated by the City Council. 2. APPLICANT ELIGIBILITY. To be considered for an emergency repair or home winterization grant, the applicant must be in compliance with the following criteria: a. Be the owner -occupant of a single family dwelling which is located in the City Council designated neighborhood service area. b. Be eligible for the emergency repair or home winterization grant determined on the basis of the following income and asset limitations: (1) Maximum Income. Have an adjusted annual income for the household which does not exceed: $6,210 for a 1 person household $7,079 for a 2 person household $7,948 for a 3 person household $8,818 for a 4 person household $9,563 for a 5 person household $10,184 for a 6 person household $10,929 for a 7 person household $11,675 for an 8+ person household (2) Have Liquid Assets not in excess of: (a) Applicant under 60 years of age or who is not disabled: $10,000 for a 1 person household $15,000 for a 2 person household $20,000 for a 3 person household (b) Applicant over 60 years of age or who is disabled: $25,000 for a 1 person household $31,000 for a 2 or more person household (3) Monthly Income Considerat (a) We would collect and report the followingrg oss monthly income data: (1) Base pay for Head of Household, spouse, other family members. (2) Any other earnings (other jobs, etc.) (3) Net income from property being rehabilitated (gross income from roomers, garage rental, etc., minus operating expenses) (4) Any other income source (interest, etc.) (5) Income from social security, pension, an- nuities, general relief, ADC. (b) We would then adjust downward the income of the household by deducting: (1) 10% of 2a-1 through 4 above for Federal, State and local taxes and (2) 25% of 2a-5 above for fixed income consideration. (3) $25 for each child under 18 years of age or a full time student dependent residing in the home to be repaired. 3. LIMITATION ON THE AMOUNT OF GRANT. The amount of an emergency repair or home w nterization grant that an applicant may receive shall be limited by the following: For an applicant whose income and liquid assets are in accord with the established formulas, the grant amount shall not exceed the lesser of: a. The actual (and approved) cost of the repairs necessary to make the property conform to the building codes as applicable or minimum energy conservation measures. The amount shall be established in accordance with this manual. b. $2,000 Home Winterization grant. $4,000 Emergency Repair grant. 4. TERMS AND CONDITIONS. a. Forgivable grants to homeowners under 60 years of age or who are not disabled shall be secured by a lien against the property. b. Amortization. (1) If the repaired property is sold or transfers ownership prior to the first year anniversary of the grant, 100% of the lien shall be called due. (2) If the repaired property is sold or transfers ownership prior to the second year anniversary of the loan, 50% of the original lien shall be called due. The remaining 50% is forgiven. 7 (3) If the repaired property is sold or transfers ownership prior to the third year anniversary, 25% of the original lien amount shall be called due. The remaining 75% is forgiven. (4) Any sale or transfer after the third year anniversary would mean that 100% of the original lien amount would be forgiven. C. Penalties. In the event the grant recipient(s) fail to pay, the lien amount, or a portion thereof as prescribed in 5b(2)(3)(4) above, when due, the whole principal amount of the lien shall become due and payable at the option of the lien holder without notice. The grant recipient(s) in case of suit thereon, agrees to pay attorney's fees. CDR -7961A PROMISSORY NOTE REHABILITATION EMERGENCY REPAIR OR HOME WINTERIZATION GRANT DATE: PLACE: CASE NUMBER: For value received, the undersigned jointly and severally promise(s) to pay to the order of the City of Iowa City acting by and through the Director, Department of Housing and Inspection Services the sum of The full Principal on this Note is payable on the transfer of the property prior to the first year anniversary of this Note. Transfer of the property prior to the second year anniversary of this Note would require 50% of the Principal to be called due. The remaining 50% would be forgiven. Transfer of the property prior to the third year anniversary of this Note would require 25% of the Principal to be called due. The remaining 75% shall be forgiven. After the third anniversary date of this Note, 100% of the Principal will be forgiven. Should the property be damaged to such an extent that the amount of money stated in this promissory note exceed the value of the dwelling located upon the premises, the note shall be forgiven. Damages resulting from wanton or reckless conduct on the part of the borrower or with his/her consent shall not fall within the scope of this proposal. Also any transfer resulting from the death or incapacitating illness of one or more of the undersigned would mean 100% of the Principal will be forgiven. In the event the undersigned shall fail to pay the Principal, or a portion thereof, when due, the whole amount then unpaid shall become due and payable at the option of the holder without notice. The undersigned, in case of suit hereon, agrees to pay attorney's fees. All Endorsers agree to all of the provisions of this Note, and consent to the times of payment of all or any part hereof. In witness whereof, this Note has been duly executed by the undersigned, on the day of , 19_. Sworn and subscribed to before me this day of 19 Notary Public in and for Johnson County, Iowa. CHAPTER 5. PROCESSING AND SUBMISSIONS PROCEDURES 1. GENERAL. This chapter contains an outline of the functions to be performed by the staff in connection with an emergency repair and home winterization grant, and sets forth the policies and pro- cedures to be followed by the staff in preparing, processing, and approving an application for an emergency repair or home winter- ization grant, and in canceling an approved grant. 2. OUTLINE OF STAFF FUNCTIONS. Listed below are the functions to be performed by the staff in connection with an emergency repair or winterization grant. Functions a. Advise applicant on the general program objectives and explain the application form which must be completed in full. b. Advise the applicant on the availability and benefits of a emergency repair or home winterization grant and other City and private programs and resources for financing re- pairs. C. Determine the eligibility of the applicant for an emergency repair or home winteri- zation grant. d. Inspect the property. e. Prepare a work write-up and cost estimate of the repair work needed. f. Obtain evidence that ownership of the property has been verified. This may include the property deed or other evidence that the staff has received verification from public records that the applicant is the owner of the property. g. If the applicant is occupant -purchaser under a land sales contract, obtain a document to support eligibility. h. Verify applicant's income, housing expense and assets. i. Determine that work items in work write-up conforms to purposes for which grant can be used. 91 j. Establish amount of grant applicant may receive. k. Advise the applicant of the conditions under which a grant is made. 1. Prepare construction contract documents and obtain contractor's proposals for repair work and review proposals received as requested by owner. Prepare Form CDR -7960, Emergency Repair or Home Winterization Grant application (original and one copy) and obtain applicant's signature. m. Approve Form CDR -7960, if all requirements are met. n. Assign application number and enter on approved Form CDR -7960 and all related documents. D. Prepare contracts and CDR -7960 for signature(s), obtain applicant's endorsement, and encumber monies for grant. p. Assist applicant, as may be required, in execution of construction contract, and deliver to owner selected contractor. q. Assist applicant as may be required in issuing proceed order for construction work. r. Inspect repair work as it progresses. S. Make final inspection of completed repair work.. Close building permits to applicable. t. Have owner obtain from contractor guarantee of work, manufacturers' and suppliers' warranties, and release of liens from general contractor, subcontractors, and suppliers prior to final payment for contract work. U. Issue Form CDR -7945, certificate of completion. V. Prepare Statement of Disposition of Funds. W. Closeout finance records. 3. PROCESSING AND APPROVAL OF GRANT APPLICATION. Processing by the staff of an application for a emergency repair or home winterization grant consists of the completion of the functions listed below, items a. through c., assembly in one file of the Form CDR -7960 and all supporting documents, and the review of the file to determine approval. a. Preparation of Form. The staff shall prepare Form CDR -7960 (original and 1 copy) for the applicant, based on information furnished by the applicant and obtained by the staff from other sources, as documented in the file. Every space provided for an entry on Form CDR -7960 shall be completed. Entries of money amounts shall be made rounded to the nearest dollar. If no money is involved for an entry for a particular application, the entry shall be "none". Review and approval by the Director of Housing and Inspection Services of Form CDR -7960 shall be based on the form completed in this manner. b. Applicants Purchasing Under a Land Sale Contract. If an application for a emergency repair or home winterization grant is with respect to an occupant -vendee under a land sales contract or similar arrangement, the file shall contain documentation to support the requirements of land sales contract. C. Approval of Application for Grant. The Director of Housing and Inspection Services shall approve a Form CDR -7960 by obtaining the applicant's signature in block I, and by signing block J, on both the original and the copy of the form. If the grant alone is sufficient to repair the property, or if the grant is to be supplemented by other funds and the staff is assured that the property will be repaired to meet manual requirements, the grant is considered to be approved, and the staff may notify the applicant, and proceed with the remainder of the functions for which it is responsible in order to complete the repair work. d. Grants Not Approved. If the staff determines that Form CDR -7960 cannot be approved, a written statement of the reasons for the determination shall be put in the application file. An application number shall not be assigned to a Form CDR -7960 it does not approve. e. Record Keeping. The originals of the completed approved Form CDR -7960 and contract(s) shall then be retained in the property file with the supporting documentation. 11 4. GRANT CANCELLATION. An approved grant may need to be cancelled because the applicant has requested cancellation or is unwilling or unable to proceed with the repair work, or for other reasons. a. Cancellation Letter. To cancel an approved grant, the staff shall prepare a letter in accordance with Appendix 1, and distribute the letter as follows: 1. Original to applicant. 2. One copy to the property application file. b. Notification to Finance. If funds for the canceled grant have been transferred into the grant account, the staff shall notify Finance to return the amount originally deposited back to the administrative account. 12 CONDITIONS UNDER WHICH EMERGENCY REPAIR 1. GENERAL. This chapter sets forth City requirements with respect to terms and conditions to which an applicant must agree in order to obtain a emergency repair or home winterization grant. 2. GRANT CONDITIONS. The specific terms and conditions with respect to an emergency repair and home winterization grant are incorporated in Form CDR -7960. The applicant shall agree, and by signing Form CDR -7960 does agree to: a. Civil Rights. Comply with all applicable City requirements with respect to Title VI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed, sex, sexual preference, or national origin in sale, lease, rental, use, or occupancy of the subject property. b. Cancellation of Grant. Return of the grant proceeds with no right, interest or claim in the proceeds, if the grant is cancelled before the repair work is started. C. Use of Proceeds. Use of grant proceeds only to pay for costs of services and materials necessary to carry out the repair work for which the grant will be approved. ' d. Completion of Work. Assure that the repair work shall be carried out promptly and efficiently, through written contract let with the prior concurrence of the City. e. Ineligible Contractors. Not award any contract for repair work to be paid for in whole or in part with the proceeds of the grant, to any contractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Building Official, City of Iowa City to receive an award of such contract. f. Inspection. Inspection by the City or its designee of the property, the repair work and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work. g. Records. Keep such records as may be required by the City with respect to the repair work. h. Recapture Clause. The applicant shall agree to repay the full amount of the grant or that amount determined by the City if the applicant is found to be ineligible as a result of incorrect or fraudulant information on the approved Form CDR -7960. i. Interest of Certain Federal Officials. Not permit any member, or Delegate to the Congress of the United States, 13 and no Resident Commissioner, to share in any proceeds of the grant, or in any benefit arising from the same. Bonus, Commission, or Fee. Not pay any bonus, commission, or fee for the purpose of obtaining the City approval of the grant application, or any other approval or concurrence required by the City or its designee, to complete the repair work, financed in whole or in part with the repair grant. k. Interest of the City. Allow no member of the governing body of the City of Iowa City, and no other City official of the locality who exercises any functions or responsibilities in connection with the administration of the federally assisted project or program, and no other officer or employee of the City who exercises such functions or responsibilities, to have any direct interest in the proceeds of this grant, or in any contract entered into by the applicant for the performance of work financed in whole or in part with the proceeds of the repair grant. 14 CHAPTER 7. FUNDING OF INDIVIDUAL GRANTS AND MANAGEMENT OF ACCOUNTS GENERAL. This chapter sets forth policies for funding the in- dividual grants and also the policies for City management of grant funds. FUNDING REPAIR GRANTS. When an application for financial assistance has been processed and approved, the staff shall enter the total amount of assistance in the program account ledger as encumbered monies. The staff must be certain that adequate funds are budgeted and uncommitted before processing applications for grants. Program budgets will be established annually by the City Council according to local, state and federal funding availability. FUNDING REPAIR PROJECTS SUPPLEMENTED BY PRIVATE FUNDS. When supplemental funds are utilized to complete a project, these funds are collected when the application is approved and deposited into the program account awaiting disbursement. An entry of fund receipt shall be made in the program account ledger. The Iowa City Department of Finance is responsible for depositing the check and reporting the transaction in the department computer printout by case number and finance program. 4. MANAGEMENT OF THE REPAIR GRANT AND SUPPLEMENTAL FUNDS ACCOUNT. 11 repair program funds, private and public, shall be deposited in a non-interest earning bank account. Accounting records will be maintained to keep private funds separate from other City funds. a. Separate Case Numbers for Each Program Participant. The Construction Specialist will assign case numbers to each program applicant. The accounting computer printout will log all credits and debits according to assigned case numbers. b. Disbursements of Repair Funds. Disbursements from repair funds will be authorized by the Director of Housing and Inspection Services. A check request will be prepared and submitted to the Department of Finance properly identifying the case number and expenditure. The Construction Specialist will maintain a file of all invoices and receipts. The Department of Finance will prepare a check, as directed, payable to the grantee/borrower and the payee for the following purposes, as may be appropriate: (1) Make payments for repair work. (2) Closeout individual repair accounts by appropriately disbursing any unutilized funds remaining in the repair account. 15 A check to return to the grantee unutilized funds in the repair account shall be made payable to the grantee only. C. Transmittal of Checks. The Construction Specialist shall secure the endorsement of the grantee on checks payable to the grantee and the payee. The Construction Specialist shall transmit the endorsed check to the payee. Checks which include any amounts previously withheld from progress payments shall be accompanied by an explanation of the computation. d. Disputes. In the event a dispute exists between the grantee and the contractor with respect to the repair work, the Construction Specialist shall take appropriate action in accordance with the provisions of the construction contract to assure that the grantee is satisfied before making any payment to the contractor. e. Adjustment and Closeout of the Case Account. Usually disbursements made for the purposes stated under paragraph 2 will closeout the case account. However, if unutilized funds remain in for individual cases because the actual repair costs were less than anticipated or for other reasons, the unutilized funds shall be disbursed as follows: (1) If all the funds were provided by a grant, the unutilized funds shall be disbursed to apply to the administrative account, the source from which they came. (2) If the grant was supplemented by private funds, the unutilized funds, up to the amount of the private con- tribution, shall be disbursed to the grantee. W CHAPTER 8. NUMBERING GRANT APPLI 1. NUMBER TO BE ASSIGNED EVERY APPLICATION. The staff shall assign a number to every application fora grant, in accordance with the requirements of this chapter. The staff shall enter the assigned number in the spaces provided on the applicable Form CDR -7960 and on all the other CDR forms and documents related to the repair grant. 2. ONE NUMBER SEQUENCE PER CALENDAR YEAR. The number system requires that only one sequence of numbers, beginning with "1", be used in connection with each calendar year. 3. NUMBERING OF APPLICATIONS. The number assigned by the staff to every application and related documents for a repair grant shall consist of the following three parts, with each part separated by a slash (/): Calendar Year -Last Two Digits of Calendar Year 79-80 etc. Number assigned consecutively from a sequence of numbers shall be used for each year. If an applicant is eligible for other repair' financing assistance applies for two grants, the same number shall be used for each application. The category code: (1) 10 shall be used to indicate an emergency repair grant application. (2) 20 shall be used to indicate a home winterization grant application. (3) 30 shall be used to indicate both an emergency repair and a home winterization grant application on the same property. EXAMPLE OF APPLICATION NUMBER. The following examples of application numbers, for illustrative purposes, 78/1/30. TIME OF ASSIGNMENT OF APPLICATION NUMBERS. An assigned number is a record of identification and accountability that is basic to management controls by the staff. Therefore, the staff shall assign application numbers only when the staff approves and signs the Form CDR -7960. REUSE OF APPLICATION NUMBERS NOT PERMITTED. An application number once assigned by the staff shall not be reused or reassigned. If a previous case to which the staff has assigned an application number is not approved, and is resubmitted at a later date, the staff shall assign the resubmitted case a new application number with the sequence number applicable at that time. 17 CHAPTER 9. DETERMINING WORK TO BE DONE WITH EMERGENCY REPAIR AND HOME WINTERIZATION GRANTS 1. GENERAL. This section sets forth the responsibilities of the Construction Specialist for determining the repair work necessary to bring a property into conformance with the requirements for a home winterization grant or an emergency construction repair grant and for providing assistance in the repair of the property. In carrying out these responsibilities, the Construction Specialist shall: a. Inspect the property. b. Make a preliminary work write-up and cost estimate of the work to be done. C. Consult with and advise the owner on the work to be done, and the availability of an emergency repair or home winterization grant. d. Prepare a final work write-up and cost estimate as the basis for a grant and for contracting for the repair work. 2. PROPERTY INSPECTION. The Construction Specialist shall inspect the property and prepare an inspection report. The inspection report prepared in this manner will later serve the Construction Specialist as the basis for preparing a work write-up and cost estimate. 3. WORK WRITE-UP AND COST ESTIMATE. A work write-up and cost estimate is a statement prepared by the Construction Specialist based on the property inspection report that itemizes all the repair work to be done on the property, and includes an estimate of the cost of each item. The cost estimate shall be reasonable and shall reflect actual costs prevailing in the locality for comparable work. Itemizing Cost. Each item of work and its estimated cost shall be identified in the work write-up as being either necessary to meet the repair standards, or for other purposes that may be financed with grant funds. This is done on the work write-up by entering the cost estimates in a columnar arrangement. b. Adjusting Work Write -Up. If the total estimated cost of the work exceeds the amount of the grant the applicant could receive „ or exceeds the applicant's financial ability to do all work, the Construction Specialist shall eliminate or modify items in the work write-up as necessary to reduce estimated cost. C. Owner's Preference. A preliminary work write-up should not contain details that have no significant effect on cost, to such as color, style or pattern. Decisions on these details can be made when preparing the specifications for the construction contract documents, or even after the contract award by providing in the contract documents, as appropriate, the term "to be selected by owner." APPLICANTS ELIGIBLE FOR GRANT. For an applicant who is eligible for a grant, the final work write-up and cost estimate prepared by the Construction Specialist shall consist of a completed set of bidding specifications completed by the Construction Specialist as the staff estimate. By utilizing the same documents for staff cost estimating and contractor bidding, cost comparison is made easier for the homeowner. CONSULTATION WITH PROSPECTIVE APPLICANT. As soon as possible after inspection of the property preferably within 24 hours), the Construction Specialist shall consult with the prospect applicant on the preliminary work write-up and cost estimate. The Construction Specialist shall advise the applicant which items of work may be financed with grant funds. The final work write-up shall be the basis for the specifications in the construction contract documents to be used to solicit bids and proposals from contractors. SPECIFICATIONS IN CONSTRUCTION CONTRACT DOCUMENTS. Each spec- ification in a construction contract document shall be written so that it provides a clear understanding of the nature and scope of the work to be done, and a basis for carefully determined bids and proposals from contractors. Each specification shall show the nature and location of the work and the quantity and type of materials required. The specifications shall refer to manu- facturers' brand names or to association standards to identify the quality of materials and equipment required, and may make provision for acceptable substitutes. If the work write-up is sufficiently comprehensive, it may itself be used for the specifications, without any cost estimate figures or distinctions as to work required or not required. Standard Specifications. The specifications in the construction contract documents themselves shall be kept relatively simple by having the documents refer to the technical and detailed specifications that are contained in another document that is called "general specifications." This technique simplifies and facilitates the preparation of the work write-up, cost estimate, and contract documents. The "general specifications" is a document that compiles technical, detailed specifications for each of the types of repair work that is expected to occur, with some frequency, for the types of properties in the project area, and are modeled after the FHA Minimum Property Standards for one and two family structures. 19 The "general specifications" are kept on file in the Civic Center project office. 20 CHAPTER 10. CONTRACTING FOR REPAIR WORK INTRODUCTION. This chapter sets forth requirements and procedures with respect to construction contracts for repair financed through a home winterization or emergency repair grant. Repair work shall be undertaken only through a written contract between the contractor and the recipient of the grant. Whenever possible the grantee shall be encouraged to obtain their own bids and enter into the repair contract with little or no City involvement. The Construction Specialist shall assist each applicant as needed, in arranging for and obtaining an acceptable construction contract. Form of Contract. The construction contract will consist of a single document signed by the contractor and accepted by the homeowner, only following approval of the repair grant. It shall contain a bid and proposal by the contractor. Use of Alternates. The contract document prepared by the Construction Specialist may provide for alternates by which the bidder, as part of his bid and proposal, offers increases and decreases to the lump sum contract price to cover alternatives in the performance of the work. An alternate may be used to cover an item of work, the need for which cannot be determined until some time during the course of the repair work. For example, the construction contract may call for reroofing. The roof rafters are not exposed, and their actual conditions cannot be determined even with careful inspection. However, general conditions on the ceilings, such as evidence of leaks over a period of time, indicate that the rafters may be rotted. The work write-up, cost estimate, and the approved grant may include an amount to replace the rafters and related costs if, upon removal of the old roofing this need is apparent. Under such circumstances, the work to replace the sheating and rafters should be included in the construction contract documents as an alternate. If upon removal of the old roof it is found that work is not needed, no payment for it is required under the construction contract. If that work turns out to be needed, the cost is established by the construction contract documents, and the contractor can be ordered to proceed with that work for the stated sum. (1) Format for Alternates. Generally, alternates should be avoided, but when used, the Construction Specialist shall provide for them specifically in the section provided for bid and proposal by adding material such as the following: 21 Alternate #1. (description of the alternate) Add $ Deduct $ Alternate #2. Same as above for Alternate #1. (2) Unrequested Alternates not Considered. The Construction Specialist shall not consider alternates proposed by a bidder that are not called for in the contract document prepared by the Construction Specialist. The Construction Specialist shall not consider a bid and proposal that is qualified by the contractor with unrequested alternates or other changes. C. Procurement of Bids. An acceptable contractor's bid and proposal must be obtained before the Director- approves Form CDR -7960 for the repair grant. 2. GENERAL CONDITIONS. The Construction Specialist shall prepare general conditions" for use in all construction contracts for the repair of the property. Included in the general conditions are: a. The address to which the contractor's bid and proposal must be submitted. b. Date and time which a bid and proposal by the contractor is to be received by the owner. C. A provision that the bid and proposal shall be accepted by the homeowner within 30 days from the date established by the contract for its receipt, provided that the contract is subject to issuance of a proceed order by the homeowner, and no work shall be commenced by the contractor until he has received a written proceed order. d. A provision that the homeowner is obligated to issue a written proceed order within 30 days from the date of acceptance of the contractor's bid and proposal. If the order is not received by the contractor within this period, the contractor has the option of withdrawing his bid and proposal. e. A provision that the contractor must commence work within 30 days after issuance of the proceed order. f. A provision that the contractor must satisfactorily complete the work within 60 days after the issuance of the proceed order. 22 g. A provision that the contractor will be paid the contract price, in one lump sum amount, after the work is satis- factorily completed. h. Provisions that the contractor shall be required to: (1) Furnish evidence of comprehensive public liability insurance coverage protecting the owner for not less than $100,000, in the event of bodily injury including death, and $50,000, in the event of property damage arising out of the work performed by the contractor; and, evidence of insurance or other coverage required by local law governing workman's compensation. (2) Obtain and pay for all permits and licenses necessary for the completion and execution of the work and labor to be performed. (3) Perform all work in conformance with applicable City codes and requirements whether or not covered by the specifications and drawings for the work. (4) Abide by Federal and City regulations pertaining to equal employment. (5) Keep the premises clean and orderly during the course of the work and remove all debris at the completion of the work. Materials and equipment that have been removed and replaced as part of the work shall belong to the contractor. (6) Not assign the contract without written consent of the owner. (7) Guarantee the work performed for a period of one year from the date of final acceptance of all work required by the contract. Furthermore, furnish the owner with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the contract. i. Provisions that the owner will: (1) Permit the contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. (2) Cooperate with the contractor to facilitate the per- formance of the work, including the removal and replacement of rugs, coverings, and furniture, as necessary. 23 A provision that the premises are to be either occupied or vacant during the course of the construction work. A provision that payment on the contract amount will be made only after City inspection and owner acceptance of all the work to be performed by the contractor, and the contractor has furnished the owner satisfactory releases of liens or claims for liens by the contractor, subcontractors, laborers, and materials suppliers. 1. A provision that the contract consists of the bid and pro- posal, the general conditions, the specifications incorporated therein by reference and identified as Exhibit "A" and the drawings, if any, identified. M. A section at the end of the general conditions containing material to be completed by the bidder, generally as follows: For the considerations named therein, the Contractor proposes to furnish all the material and do all of the work described in, and in accordance with, the contract identified above in item 1. of the general conditions for the lump -sum of $ Contractor Acceptance by Owner (name of contractor) (name of owner[s]) (address and ZIP of contractor (address and ZIP of owner[s] (date of proposal and bid) (date of acceptance) 3. SPECIFICATIONS AND DRAWINGS. Specifications, based on the work write-up and illustrative sketches, if any, covering the specific repair work for each property on which a repair grant will be made shall be prepared by the Construction Specialist or contractor. Drawings shall be prepared only when essential to show the scope of the work involved so that a fair bid for the work can be obtained, "and to avoid misunderstandings with the bidder. The specifications and drawings shall be based on the work write-up resulting from an inspection of the property and interviews, as indicated, with the applicant. The specifications shall clearly establish the nature of the work to be done and the material and equipment to be installed. Each page of the specifications and drawings shall be numbered and shall contain identification that includes the name, address of owner, and the date of the specification. OBTAINING CONTRACTORS' BIDS AND PROPOSALS. The Construction Specialist shall establish and, on the basis of his/her experience, maintain a current listing of contractors, subcontractors, and materials suppliers who are qualified to perform, and are interested in doing repair work financed 24 through a grant. The listing may be based on the experience of the staff, experience of property owners and others, information obtained from banks, credit, and trade associations, FHA Insuring Office, and other information available to the staff. While the list, in a limited way, may serve the purpose of prequalifying bidders, it shall not be used as a means of excluding bidders who are not on the list at the time the submission of a bid and proposal is in order. INVITATION TO CONTRACTORS FOR BID AND PROPOSAL. a. Contractor Selection. The owner shall be asked for the name of a contractor he/she would like to bid on the repair of his/her property. If the owner does not know of a contractor, the staff shall provide the property owner with two contractor names from the list of contractors maintained at the Department of Housing and Inspection Services. b. Invitation to Bid. Once the contractor has been selected according to paragraph 5.a. above, the homeowner shall contact the selected contractor and invite him/her to bid the proposed repair. The Construction Specialist shall meet the contractor at the subject property at an appointed time to assist in the inspection of the property and to facilitate obtaining a bid. C. Bid Review. Upon receipt of the bid proposal from the biddr ncontractor, the homeowner shall review the bid for completeness and accuracy making special note to assure that the specifications have been adhered to. d. Acceptable Bid. An acceptable bid is one that upon review under 5.c. above, is not in excess of 10% of the Construction Specialist's estimate. Where two or more bids have been obtained, the lowest acceptable bid shall be recommended to the owner for approval. In the event no acceptable bids are received, the homeowner shall reject all bids and the owner shall to select another contractor and repeat the bid process. e. Maintenance of the Contractors' List. (1) The Construction Specialist shall be responsible for maintaining a list of all contractors who have expressed an interest in bidding on repair construction and who can provide the following as contained on Form CDR -7946: (a) Adequate active liability insurance [see 2.h.(1) above]. 25 (b) The name of his company bank. (c) The names of his usual subcontractors. (d) The names of his principal suppliers. (e) The names and addresses of at least two (2) resi- dential repair or construction jobs. (f) Iowa City contractors license as applicable. (2) The Contractor List shall be maintained in a conspicuous place within the Department of Housing and Inspection Services office, open to public review. The Contractor List shall be grouped according to the category of specialization the contractor requests to be listed (e.g., general contractors, electrical, plumbing/heating, masonry, dry wall, etc.). 6. AWARD OF CONSTRUCTION CONTRACT by having the applicant for contract with the assistance of The contract shall be awarded the grant properly execute the the Construction Specialist. a.Issuance of Proceed Order. At the time the award is made, the Construction Specialist shall remind the applicant and the successful contractor that the undertaking of the work covered by the contract is subject to issuance by the owner of a proceed order, within the number of days stated in the general conditions of the contract from the date of the award. Upon award of the contract, the homeowner shall notify unsuccessful bidders that they have not been awarded the contract. b. Award within 30 days of Cutoff Date. In order for the bid and proposal to be binding, the award shall be made within a period of 30 days from the cutoff date established by the homeowner for the receipt of the bid and proposal, unless a later date is agreed upon in writing. C. Contract Award. The award of a construction contract shall bebe acc�d by the owner executing the original and two copies of the contract documents. The homeowner shall distribute the executed contract to documents as follows: (1) Executed original retained by homeowner. (2) Executed copy to contractor. (3) Executed copy to the City of Iowa City in care of the Construction Specialist. ISSUANCE OF PROCEED ORDER. The general conditions of the con- struction contract will state that the owner will issue a proceed order within a stated number of days from the date of acceptance 26 of the contractor's bid and proposal. The Construction Specialist shall assist the grantee as may be requested in the preparation and issuance of a proceed order. The proceed order shall be distributed as follows: Original to the contractor. One copy to retained by the homeowner. One copy to the Construction Specialist for the file. LABOR PERFORMED BY OWNER IN Repairing PROPERTY. Questions arise from time to time, during the processing of a grant con- cerning the owner's performance of some or all of the labor re- quired to complete the repair of his property. These paragraphs are intended to supply answers to those questions, as well as describe the circumstances under which this type of self-help is desirable and to be encouraged. a. Type of Work and Skill of Owner. A property owner may com- plete some or all of the tasks required to repair his/her property, if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean-up, demolition of small buildings on a property, removal, cartage, and disposal of the debris, and for work that involves minimal use of costly materials and equipment. Work of a skilled nature, and work involving the extensive installation of costly materials and equipment, are appropriate if the Construction Specialist is assured the property owner has the ability and experience required to do the work properly without supervision, or that he/she has sufficient skill to do the work properly with technical advice and guidance from the Construction Specialist. J. Technical Aid Eligible as Project Cost. The Construction Specialist is reminded that provision of technical assistance is part of his/her job function. C. Benefits from Self-help. At times, self-help may also enable a property owner to obtain a repair grant by reducing construction costs to an amount within the Council established limits for a grant. d. Provision for Self-help in Grant. Whenever self-help is necessary, indicated, or desired, and the Construction Specialist considers that with or without its technical assistance and guidance a property owner will be able to perform the work in a reasonably acceptable and expeditious manner, he/she may process an application for a grant on that basis. In such a case, the amount of the grant would provide funds to pay for the materials and equipment to be installed by self-help, as well as any additional funds 27 needed to pay for other work to be performed by a contractor. The grant shall not include funds to pay the owner or members of his her family for their labor. Further, the Construction Specialist must exercise good judgment and prudences as to avoid a situation in which an owner could place himself in financial difficulty through improper use, installation, or even destruction of the materials and equipment purchased with grant funds. For this reason, the owner should understand that the proceeds of a grant to pay the supplier for materials and equipment involved in a self-help will be disbursed from the grant account by the staff, only after they have been properly installed. e. Coordination with Contractor. When some of the repair work is to be performed through self-help, and the remainder is to be completed by the contractor, the Construction Specialist should assure that the work is accomplished by each of them so as not to interfere with or jeopardize the other's work. In cases where a separation in the timing of the work is not feasible, the Construction Specialist should urge the owner and contractor to make their own arrangements on the timing, so that each may do his/her work without causing any interference in the work to be done by the other. In all instances, the owner will be better protected if work to be performed through self-help is completed before the contractor starts his/her work. Such completion will help avoid claims by the contractor for extras or damages he/she may claim are caused by the self- help efforts, and will assure that when all work is finished, the property will comply with the City grant requirements. 9. OTHER PROVISIONS a. The Contractor Shall: Indemnify and hold harmless the owner, the owners employees, the City Manager, and the City's employees from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the contractor's operations under this contract, whether such operations be by himself/herself or by any subcontractor or by anyone directly or indirectly employed by either of them. The contractor shall obtain insurance for this purpose, which shall insure the interests of the owner and the City as the same may appear, and shall file with the owner and the City certificates of such insurance. b. Correction of Faulty Work after Final Payment: The ap- proval of the Request for Payment by the Construction Specialist and the making of the payment by the owner to the m contractor shall not relieve the contractor of responsibility for faulty materials or workmanship. 29 CHAPTER 11. INSPECTION OF REPAIR WORK 1. GENERAL. This chapter sets forth the requirements for the inspection of repair work financed in whole or in part with a grant. 2. RESPONSIBILITY FOR MAKING INSPECTIONS. The Construction Specialist shall make inspections of construction work in cases involving a repair grant. To accomplish this, the Construction Specialist shall make: (1) Compliance inspection, as necessary, to assure that the construction work is being completed in accordance with the construction contract. (2) A final inspection to determine that the construction work has been completed in accordance with construction contract. The Building Inspector and any specialists from the Building Inspection Division, as may be required, shall accompany the Construction Specialist on the final inspection and shall provide the Construction Specialist with a written report of their findings. INSPECTIONS FOR PAYMENT. Inspection of construction work shall be made in accordance with the following: Final Inspection. Upon completion of the repair work and receipt of the contractor's invoice containing his certifi- cation of satisfactory completion of all the work in accordance with the contract and his warranty, the Construction Specialist shall arrange for inspection of the completed work. Making Final Payment. When the final inspection determines that the work is satisfactorily completed in accordance with the contract, the homeowner shall obtain from the contractor a release of liens, and a copy of each warranty due the owner for the work. After receipt of a release of liens, including releases from all subcontractors and suppliers and a copy of each warranty, the homeowner shall make final payment. The staff shall then prepare Form CDR - 7945, the certificate of final inspection. CERTIFICATION OF FINAL INSPECTION. After the Construction Specialist determines that the rehabilitation work has been satisfactorily completed and the final inspection report obtained, the staff shall prepare a Form CDR -7945 (original and one copy). Distribution. Form CDR -7945 shall be distributed as follows: 30 (1) Signed original to the property owner. (2) Signed copy retained in the property file. 5. SUPPLEMENTAL INSPECTIONS. In some cases defects and inadequacies in the construction work, not apparent at the time of final inspection, may show up after final payment for the work is made and Form CDR -7945 is issued. Others, such as roof leaks not ascertainable until after a rain, defects in heating systems installed during the nonheating season that were not revealed in the limited tests after installation, and plumbing leaks that did not show up in the final inspection, may not appear for several months. One -Year Guarantee on Work !�Y Contractor. All work performed by the contractor is covered by a one-year guarantee but property owners are not always aware that, for a period of one year, they may require the contractor to correct significant defects and inadequacies in the work performed under this contract. For this reason, the Construction Specialist shall inform the owner of the guarantee requirements upon completion of the contract. Additional Call by Construction Specialist to Insure Validity and Correction of Complaints. Although a limited examination indicates that the incidence of serious defects and inadequacies in the construction work is not frequent, and contractors generally correct them promptly when requested, the Construction Specialist, after the final inspection, shall make an additional call on the property owner to ascertain if there are any complaints about the work that has been done. This call shall be made within 60 days after the issuance of Form CDR -7945. The Construction Specialist shall inspect the work to ascertain if the complaint is valid. If the complaint is valid, the Construction Specialist shall assist the property owner in obtaining prompt corrective action from the contractor. The contractor must be given written notice with reasonable promptness. Should the contractor fail to answer or correct the defect(s) within a reasonable time, the grant, at owner request, will assist owner in the following manner: (1) Staff members of the Department of Housing and Inspection Services will investigate the complaint. (2) If the staff finds the complaint to be invalid, owner will be so notified. (3) If the staff finds the complaint to be valid, the homeowner will direct the contractor to take necessary corrective action within a specified length of time. 31 (4) If the contractor complies, the staff will reinspect the work and, if it is satisfactory, the owner will be expected to sign a written statement withdrawing the complaint. (5) If the contractor fails to respond to the request within the specified length of time, the staff, upon owner request, will prepare a letter for owner's signature, notifying the contractor a second time that unless the complaint is abated by a specified time, a formal complaint will be filed with the State Building Board or Iowa City Licensing Board for appropriate action. (6) If the contractor fails to respond to the request for cor- rection within the time specified: (a) The homeowner will take any necessary action to have the defects corrected, including but not limited to paying the reasonable costs of correcting work or materials determined by the homeowner to be defective. (b) The contractor may be prohibited by the City from con- tracting any other repair work under any grant program administered by the City. 6. CONSTRUCTION SPECIALIST - OWNER - CONTRACTOR RELATIONS Construction Specialist's Responsibility and Authorit The Construction Specialist shall observe the work on behalf of the City, and will provide general assistance during construction insofar as proper interpretation of the grant requirements is affected. The Construction Specialist and owner shall decide, when necessary, any and and all questions which may arise as to the quality and acceptability of materials furnished, work performed, interpretation of Plans and Specifications and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor. The Construction Specialist will not be on the construction site at all times and as such cannot be responsible for the acts or omissions of the contractor or his employees. For the same reason acceptance by , the homeowner or the City of the contractor's work performed, does not release the contractor from the responsibility to provide quality performance on all contract specifications. 32 CHAPTER 12. APPLICANT'S INCOME 1. GENERAL. This chapter sets forth the basis for establishing an applicant's income for the purposes of a home winterization or emergency repair grant on a residential property, and takes into account the variations applicable to different type of applicants and properties, and special considerations related to the type of project area in which the property is located. 2. TYPE OF APPLICANT. In order to make determinations with respect to eligibility for a grant, an applicant is identified as either an owner -occupant of a one- or two -dwelling -unit property or an investor -owner. For purposes of determining an applicant's income, an applicant must be identified additionally, either as a person or other legal entity, as defined below. a. Person. The term "person" means one or more natural persons who either hold legal title to, or occupy under a land sales contract, a property to be rehabilitated. b. Other Legal Entity. The term "other legal entity" means any legal entity other than a "person", such as a partnership or corporation that holds legal title to a property to be repaired. Any "other legal entity" within the meaning of this definition is also an investor -owner. 3. SOURCES OF FUNDS AND AMOUNTS COMPRISING APPLICANT'S INCOME. The following is a listing of the elements comprising income for purposes of a repair grant. Exclusions from income applicable in special circumstances are stated in paragraph 5 below. a. Portion of Income Derived from Roomers. If the property will contain rooming units, that portion of an applicant's income that is derived from roomers shall be reported on Form CDR -7960, block C, line 3, as a net figure determined as follows: (1) Net Income. The net income from the roomers in the owner -occupied property to be repaired is the gross rental income, less expenditures allocable to the roomers. These allocable expenditures including payments, on the basis of an average of one or more years of mortgage or land contract principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, and other cash expenditures for the property for one or more years, the staff shall estimate the income and expenditures on the available experience. (2) Allocation of Expenditures to Roomers. The alloca- tion of expenditures of the roomer may be established 0:1 by determining the percentage of floor space that is used exclusively by the roomer(s). The allocable expenditures shall be reduced by the percentage of floor space as calculated above. Applicant Who Is a Person. Income of an applicant who is a per"—so —includes the income of the applicant and his family. The applicant's family includes the applicant and any other person or person or persons related by blood, marriage, or operation of law, who share the same dwelling unit. If ownership of the property rests in more than one person, the applicant is each owner and family. The applicant's income, therefore, is the sum of the family incomes of all applicant. An applicant's income is established on an annual basis, at the time of applying for a grant and includes: (1) The applicant's earnings. (2) Spouse's earnings. (3) Other family members living in the home, if their employment is a definite characteristic of family life. Excluded is the income of an adult family member, other than the applicant and spouse, who does not have an ownership interest in the property, but included are any funds contributed or paid to the family, on a regular basis by an excluded adult family member. (Such as room and board, rent, etc.) Excluded are incomes of those under 18 or full-time students or mentally or physically disabled children. (4) Other income regularly received by applicant or his family. (5) Net income from real estate, other than the property to be rehabilitated, and any other net business income. (a) Gross rental income, and (b) On the basis of an average or experience for two or more years, expenditures for mortgages principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes and special assessments, maintenance and repairs, heating and utilities, ground rent, and other cash expenditures for the property, such as advertising vacancies. If the applicant has not owned the property for two or more years, the staff shall estimate the income and expenditures on the available experience. 34 4. REPORTING OF APPLICANT'S INCOME. The applicant's income shall be reported on Form CDR -7960, "Total Present Monthly Income of Applicant." 5. EXCLUSIONS AND ADJUSTMENTS TO APPLICANT'S INCOME. a. Grants. Deduct the following amounts from gross income: (1) $25 per child per month (child must be living in the home, under 18 years of age, or full-time student dependent). (2) Deduct 10% of gross income for taxes (persons not retired or disabled), OR see (3). (3) Deduct 25% of retirement benefits, disability benefits, or Social Security benefits. zr RESOLUTION NO. 79-149 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SERVICE BUILDING SANITARY SEWER EXTENSION 1979 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 _Lcj-day of-�� , 197_, 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 deProsse 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 BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA 10th day of April 19 79 // Mayor ATTEST: UALJ City Clerk P -3c.. 1'J'A a /:.nr:'� V A By The Legal Department ! - 7; / ri �/ Ac� v RESOLUTION NAMING DEPOSITuscmS 79-150 RESOLUTION N0. Iowa Official Form No. 697 Section 453.2 of the Code BE IT RESOLVED by the City nci 1 of (Insert here board of supervisors, township trustees, board of school directors, city council, or other governing body) City of Iowa Ci tV in Johnson County, Iowa: That we do hereby designate (Insert here county, township, school district, city, or other political subdivision) the following named banks to be depositories of the City of Iowa City (Insert here county, township. School district, city, or other political Subdivision) funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Treasurer is hereby authorized to deposit (Insert hero County treasurer, township clerk, school district treasurer, city treasurer, or other legal custodian) the Cl ty Of I OWd Cl ty funds in amounts not to exceed in the aggregate the (Insert here county, township, scbool tllslricl, city, or other political subdivftlon) 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 RIMM904re1. :.1. IrEMIFE11 is11 f 111 111 111 111 .... :. 1 , • 1_ _a 1 f_ 118_ 111 111_ 11_1 •RI,.. • :.1.MIYA&VK1119ni 11 111 111 . 111 111 (S ) 8 (8 ) S (8 ) 8 (S ) s (s ) s (s ) s (s ) s (s ) S The vote on the resolution is as follows: Moved by Perret, seconded by deProsse, that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer Vevera none deProsse Erdahl Ferret Roberts CITY CLERK Dated at Iowa City Iowa, this 10th Ab5etlt__ Neuhauser MAYOR ;l_�' 'del^G� • � as-�rc SEAL day of April _'1979 (Secretary, Clerk or County Auditor) 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. Section 453.1 Deposits higeneral. All funds held in the hands of the following officers or institutions shall be deposited in banks as are fust approved by the appropriate governing body as indicated: For the treasurer of state, by the executive council; for the county trea- surer, recorder, auditor, sheriff, township clerk, clerk of the district court, and judicial magis- trate, by the board of supervisors; for the city treasurer, by the city council; for the county Public hospital or merged area hospital, by the board of hospital trustees; for a memorial hos- CP-Ca5647 9/76 pita) commission; for a school corporation, by the board of school directors; provided, how. ever, that the treasurer of state and the trea. surer of each political subdivision shall invest all funds not needed for current operating ex- penses in time certificates of deposit in banks listed as approved depositories pursuant to this chapter or in investments permitted by section 452.10. The list of public depositories and the amounts severally deposited therein shall be a matter of public record. The term"bank" means a bank or a private bank, as defined in section 524.103. Section 453,3 Increase corulitlonally pro. hibited. The maximum amount so permitted to be deposited in a named bank shall not be in. creased except with the approval of the trea- surer of state. Section 454.6 Duty of treasurers. It shall be the duty of all school treasurers, city trea. surers, or other financial officers designated by the city council, and township clerks of the county to keep on file with the county trea. surer a list of such depositories. ,�a7 RESOLUTION NO. 79-151 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR AMERICAN COLLEGE TESTING PROCESSING FACILITY WHEREAS, the owner, American College Testing Prog., Inc., 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: Commencing as a point of reference at the Southeast corner of Section 35, Township 80 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; thence North 020 21' 25" West 64.91 feet to a point of intersection with the Southerly right-of-way line of Interstate Highway #80; thence North 640 58' 00" West 240.85 feet along the Southerly right-of-way line of said highway to a point (this is an assumed bearing for purposes of this description only); thence North 720 10' 19" West 103.22 feet along the Southerly right-of-way line of said highway to point of beginning of tract herein described; thence South 330 26' 23" West 442.45 feet to a point; thence West 130.87 feet along a line parallel with and measured 172.98 feet perpendicularly from the Southerly line of the Southeast Quarter of said Section 35 to a point; thence South 330 26' 23" West 305.49 feet to a point; thence Westerly 272.43 feet along a 480.32 foot radius curve concave Southerly (chord length 272.43 feet, chord bearing North 87 03' 37" West) to a point; thence West to a point of intersection with the Westerly line of the Northeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian; thence Northerly along said Westerly line of the Northeast Quarter of the Northeast Quarter of Section 2 to a point of intersection with the Southerly line of said Southeast Quarter of Section 35; thence Westerly along said Southerly line of the Southeast Quarter of Section 35 to a point of intersection with the Westerly line of said Southeast Quarter of the Southeast Quarter of Section 35; thence Northerly along said Westerly line of the Southeast Quarter of the Southeast Quarter of Section 35 to a point of intersection with said Southerly right-of-way line of Interstate Highway 80; hece*vad & Appro%'A Ey The Legal Departircnt Resolution No. 79-151 Page 2 thence Easterly along the Southerly right-of-way line of said highway to point of beginning, and containing 12 acres, more or less. WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Planning & 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 filed stamped April 9, 1979, 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. 4. That the occupancy permit for said LSNRD plan shall be contingent upon submittal and approval of a subdivision plat dedicating ACT Circle. Passed and approved this loth day of April, 1979. It was moved by Balmer and seconded by _ Perret that the Resolution as read be adopted, and upon roll call there were: Ja q Resolution No. 79-151 Page 3 AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA i MAYOR ATTEST: - CITY CLERK J RESOLUTION NO. 79-152 A RESOLUTION AUTHORIZING.THE MAYOR TO EXECUTE AMENDMENTS 1 AND 2 TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTSCHULL AND PFIFFNER, A PARTNERSHIP, TO PROVIDE ARCHITECTURAL SERVICES FOR THE ADAPTIVE REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY,IOWA. WHEREAS, it is in the public interest to provide a Senior Center which will meet the recreational, cultural and educational needs of the elderly of Iowa City, and WHEREAS, the City of Iowa City has acquired the Old Post Office located at Washington and Linn Streets in Iowa City, and WHEREAS, the total amount of budgeted Community Development Block Grant funding for renovation has increased from $750,000 to $1,000,000, and WHEREAS, Title V and State Senior Center funding for furniture and equipment has been awarded to the City of Iowa City, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: The Mayor execute Amendment 1 to increase the total budget within which the architects must design the renovation of the Old Post Office for adaptive reuse as a Senior Center, and The Mayor execute Amendment 2 authorizing the additional interior design service required to furnish and equip the Center with $83,629 of State and Federal funds. 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 __ deProsse x Erdahl _ x Neuhauser x Perret x___ __ Roberts x Vevera Passed and approved this 10th day of April 1979 ZWE' ATTEST: Robert Vevera, Mayo r 5 3 � JJ StolfAsiy erk BY TEZ IJOG L DE,-e,;:;::AT — 9- y -19 f✓'<-- /� n 4r ♦ �t AMENDMLNI N1 AMI NOM! NI 10 SLRVICF S A(JU IMI NI Of MAY 16, 1978 BETWEEN 1111 CITY Of IOWA CITY AND WfHNFR, NOWYSZ, PATTSCHULL & PFIFFNER FOR THE SENIOR CENTER PROJECT ]his agreement, made and entered this A, day of , 1979 by and between the City of Iowa City, herein after referred to as the City, and the firm of Wehner, Nowysz, Pattschull & Pfiffner, Architects, herein after referred to as the Architect, is an amendment to the agreement for the Iowa City Senior Center Project, this document amends portions of the original contract signed May 16, 1978. I. SCOPE OF SERVICES; PHASE B, SECTION J is hereby amended to read as follows: j. The Architect shall provide refined cost estimates, ref lecLing additional information generated during the Design Development Phase. Such estimates shall taken into account all applicable City policy decisions and budget limitations. if the Architect's cost estimates exceed the amount budgeted for this project ($1,000,000), the Architect will redevelop this phase at his expense. II. PERIOD OF SERVICE; Section a is hereby amended to read as follows: a. The Architect will complete the phases of this project within the times listed below. The Architect will make every effort possible to facilitate total completion of construction prior to May 1, 1980. Phase A - Schematic Design - Schematic designs shall be submiLted to the City for public review no later than April 16, 1979. Based on citizen, agency, and City Council comments, yet consistent with the architectural program, ,.f.3oz 2 the schematic design will be amended and returned to the City no later than May 3, 1979. Phase B - Design Development - Finish sixty (60) days after Phase A is approved and authorization to proceed is given. Phase C - Construction Documents - Finish sixty (60) days after Phase B is approved and authorization to proceed is given. Phase D - Bidding and Construction - Bidding and contract work shall be coordinated with the construction schedule to facilitate use of the facility May 1, 1980. V1. COMPENSATION FOR SERVICES, the section is amended to read as follows: The City agrees to pay an amount which shall not exceed $90,000 for performance of Phases A, B, C and D described in this agreement. Payment for services shall be made monthly, based on statements submitted by the Architect. Such statements will summarize services rendered and costs incurred. The maximum payment for services ("not to exceed" amount) is based upon an amount of nine percent of the project budget of one million dollars ($1,000,000). if the project budget is increased, the Architect's fee shall not exceed nine percent of the total project budget. Phase A - Schematic Design - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. the total fee for this Phase shall not exceed $13,500. Phase B - Design Development - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A and B shall not exceed $36,000. S'"3 3 3 Phdse C - Construction Documents - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B and C shall not exceed $67,500. Phase D - Bidding and Construction - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B, C and D shall not exceed $90,000. The remainder of Section Vi, from the original contract remains in force with no changes. The undersigned do hereby state that they agree to the stipulations of this agreement which will be executed in triplicate, as though each were an original. FORTHECIITTY: ROBERT A. VEVERA, MAYOR J A DIE STOLFUS, CIYY CLERK 61 WLHNER, NOWYSZ, PATiSCHULL, AND PFIFFNER: IMCErvm b brr>3" IfL TBI IXUL I FJ _. i AMCNDMFNI H2 AMENDMENT 10 SERVICES AGREEMENT OF MAY 16, 1978 BETWEEN CITY OF IOWA CITY AND WEHNER, NOWYSZ, PATTSCHULL, & PFIFFNER SENIOR CENTER PROJECT This agreement, made and entered into this day of , 1979, by and between the City of Iowa City, herein referred to as the City, and the firm of Wehner, Nowyz, Pattschull and Pfiffner, Architects, hereinafter referred to as the Architect, is an amendment to the agreement for the Iowa City Senior Center Project. This document amends portions of the original contract signed May 16, 1978. I. SCOPE OF SERVICES: PHASE E Additional Services - Section d is hereby amended to read as follows: Section d. Interior Design Services. The Architect will provide interior design services for the design, selection, specifications, and installation of furniture, equipment, window treatments, art work and items of similar nature, that are to be included in the $83,629 budget for movable equipment and furniture. Floor and wall coverings are a general construction cost and part of the general architectural services. The Scope of Services of the agreement is hereby amended by adding the following sections: 1. The Architect shall review the Title V grant application and the Architectural Program to identify portions of listed furniture and equipment that should be selected and specified to be acquired with $48,443 of funding available through the Title V grant and $35,186 from the State Senior Center grant. Most rooms within the Senior Center, except for the institutional kitchen to be used by the Congregate Meals program, shall be furnished within the total budget amount of $83,629. J-3 2 2. The Architect shall submit written recommendations and make formal presentations of materials to establish the character and concept of the interior design, including types, quantities, materials, and finishes of furniture and equipment selected. 3. The Architect shall prepare and issue bid documents, with the opportunity to recommend award of single or separate contracts, enabling costs to be within the budget. 4. The Architect shall assist in the receipt, analysis, and award of bids and contracts. 5. The Architect shall obtain samples of lounge furniture and dining furniture for senior citizens to critique. 6. The Architect shall select for City review and approval, the colors, materials, and patterns to be specified when furniture is ordered. 7. The Architect shall prepare a furniture and equipment layout plan and utilization plan. a. The Architect shall administer the drawdown of payments, coordinate shipping, arrange delivery dates, oversee storage arrangements, and supervise installation of furniture and equipment. The Architect shall make a final inspection report, verifying that all administrative activities were handled in a manner consistent with contract provisions. II. PERIOD OF SERVICE Section c. The Architect will complete interior design special services within the times listed below: X94 Items Specified in Scope of Services Activities 1, 2, 3, 4 Activity 5 Activities 6, 7 Activity 8 III. COMPENSATION FOR SERVICES 3 Title V Completion Dates March 2, 1979 March 30, 1979 May 15, 1979 May 15, 1980 State Grant Completion Dates April 15, 1979 May 11, 1979 May 15, 1979 May 15, 1980 The City agrees to pay an amount of $8,271 for the performance of services detailed in this amendment. For services provided utilizing Title V funds, $4,791 will be paid. For services rendered in completing the State grant activities, $3,480 will be paid. Payment for services shall be made as follows: After the successful award of bids for each of the grants, 90 percent of the payment will be made; upon successful inventory of delivered furniture and supervision of storage activities, the final 10 percent of payment will be paid. The undersigned do hereby state that they agree to the stipulations of this agreement which will be executed in triplicate, as though each were an original. FOR THE CITY:: ROBERT A. VEVERA, MAYOR (WV ABBIE STOLFUS, CITY LER IMCJV TO 4 APPRU D H>j LWAT DUAJn*NR , NOWYSZ, PATTSCHULL, AND PFIFFNER: C RESOLUTION NO. 79-153 6", " C6 RESOLUTION APPROVING A TRANSFER OF INTEREST AND INCREASED CAPITALIZATION PROPOSED BY CAPITOL STATES ASSOCIATES WHEREAS, the City of Iowa City has, on November 29, 1978, entered into a Contract for Sale of Land for Private Redevelopment with Capitol States Associates, which contract calls for the development of subsidized housing on Parcel 103-3; and, WHEREAS, Section 502 of said contract states: SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any persons or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. and, WHEREAS, Capitol States Associates has requested that the City approve a trans- fer of interest and increased capitalization through the addition of Court Associates, an Iowa limited partnership, as a third venturer, in accordance with the provisions of a certain Amended and Restated Capitol States Associates Participation Agreement, dated February 15, 1979, a copy of which has been filed with the Office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that the transfer of interest and increased capitalization through the addition of Court Associates as a third venturer is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to certify a copy of this resolution to Capitol States Associates as express written approval in accordance with Section 502 of the Contract between the City and Capitol States Associates. It was moved by Balmer and seconded by Perret that the Resolution Be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl X Neuhauser X Perret x Roberts x Vevera NUIVED & LPFROFi BT M MAL Ili 4Tifikl' Passed and approved this 10th day of April , 1979. ATTEST: l i4`� Mayor City Clerk 3 RESOLUTION NO. 79-154 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE- REAL ESTATE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ECUMENICAL HOUSING CORPORATION WHEREAS, the City of Iowa City, Iowa, and the Ecumenical Housing Corporation did enter into a real estate contract on the 14th day of March, 1979; and, WHEREAS, it is now necessary and desirable to amend said real estate contract. 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 to execute the Amendment to Real Estate Contract by and between the City of Iowa City, Iowa, and the Ecumenical Housing Corporation, a copy of which amendment is attached hereto and by this reference made a part hereof. It was moved by Perret and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauscr x Perrot x Roberts X Vevera Passed and approved this 10th day of April 1979. City Clerk, Mayor $ClITED, b 4ppgA � Tom' 7.ECdL DEPdR1'� t (1�J AMENDMENT TO REAL ESTATE CONTRACT /rico-u�. /va • i..-�-c� This amendment, dated this 17tl ay of 1979, to a certain Real Estate Contract dated the 14th day of M rch, 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an Iowa corpb aaLon, herei fte sometimes referred to as the Buyer: BOi(3 .. WITNESSETH 8972 1979 KRY -2 flit 9: 00, WHEREAS, the Buyer and the Seller did enter into a real estate co pct t March 14 1979• and ntl.Uii�t ' J IiNSnN CO., 1 ,: " WHEREAS, requirements of the U.S. Department of Housing and Urban Development make it necessary for the Buyer to purchase additional land to provide ten additional parking spaces. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Buyer and the Seller do hereby mutually agree to the amendment of the aforesaid contract by making the changes set forth herein: 1. The legal description shall be deleted and the following legal description shall be substituted in its place, to wit: All of Lot 2; except the west fifteen feet of the south forty feet of said Lot 2, Block 61; and The north one hundred ten feet of the east eight feet of Lot 3, Block 61; and The east fifty-one and seventy-five hundredths feet of Lot 6 and the west fifty feet of Lot 7, Block 61; All in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. 2. The purchase price shall be amended to read $81,500. 3. The following provision shall be added: 10. Access Easement: The Seller hereby grants to the Buyer an easement for the purpose of access over the following described real property; to wit: The west twenty feet of the east twenty-eight feet of Lot 3, Block 61, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Said easement shall be in force and effect until the property purchased by Buyer from the Seller which is immediately east of said easement area is no longer being used for the parking of motor vehicles, and in any event, as long as the property is subject to a mortgage from the U.S. Department of.yousing and Urban Development. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused the Amendment to Real Estate Contract to be duly executed in its name and behalf by its Mayor and 219 STATE OF IOWA 614 COUNTY OF JOHNSON On this /Y H- day of Q 4� d A.D., 19�, before me, a Notary Public duly commissioned and qualified Tn and for said County and State, personally appeared 41 Mayor of the City of Iowa City, Iowa, and 11z C— ,> City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial/peal at Iowa City, Iowa, the day and year last above written. OT� 4/N - � ppp C SFgC Notary Public in and for th6 State of Iowa STATE OF IOWA SS: COUNTY OF JOHNSON On this 20th day of April A.D., 19 79 before me, a Notary Public,in and Tor the County of 70 nson State of Iowa, Robert L. Welsh President, an Robert A. Elliott , Sec{etary, of the Ecumenical Housing Corporation, the Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporatipn, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. N—otarVnblic in and f Jhnson County, State of Iowa 0,20 -2 - its seal to be hereunto duly affixed and attested to by its City Clerk, and the Buyer has caused the Amendment to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary on or as of the day first above written. CITY OF IOOWWA CI TY, IOIVA SEAL ay:�(c-�i�.-- _ Mayor ATTEST: L City Clerk ECUMENICAL HOUSING CORPORATION By: President ATTES : ( V f /K — — — retary 221 BY THE LCGAL UP11 TYF:tiT 0 AMENDMENT TO REAL ESTATE CONTRACT This amendment, dated this 10th day of April , 1979, to a certain Real Estate Contract dated the 14th day of March, 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an Iowa corporation, hereinafter sometimes referred to as the Buyer: WITNESSETH WHEREAS, the Buyer and the Seller did enter into a real estate contract dated March 14, 1979; and, WHEREAS, requirements of the U.S. Department of (lousing and Urban Development make it necessary for the Buyer to purchase additional land to provide ten additional parking spaces. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Buyer and the Seller do hereby mutually agree to the amendment of the aforesaid contract by making the changes set forth herein: 1. The legal description shall be deleted and the following legal description shall be substituted in its place, to wit: All of Lot 2; except the west fifteen feet of the south forty feet of said Lot 2, Block 61; and The north one hundred ten feet of the cast five feet of Lot 3, Block 61; and The east fifty-two feet of Lot 6 and the west fifty feet of Lot 7, Block 61; All in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. 2. The purchase price shall be amended to read $81,S00. 3. The following provision shall be added: 10. Access Easement: The Seller hereby grants to the Buyer an easement for the purpose of access over the following described real property; to wit: The west twenty feet of the east twenty-five feet of Lot 3, Block 61, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Said easement shall be in force and effect until the property purchased by Buyer from the Seller which is immediately east of said easement area is no longer being used for the parking of motor vehicles, and in any event, as long as the property is subject to a mortgage from the U.S. Department of (lousing and Urban Development. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused the Amendment to Real Estate Contract to be duly executed in its name and behalf by its Mayor and J W I da its seal to be hereunto duly affixed and attested to by its City Clerk, and the Buyer has caused the Amendment to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary on or as of the day first above written. ATTEST: (2Z ����� 2 City Cle k ATTEST: Secretary CITY OF IOIVA CITY, IOIVA By: ✓Lf�/fO��V1� ���Gi Mayor ECUMENICAL HOUSING CORPORATION By: President RECEIVED & LPPROVU BY.UM IXGAL DP'.PANTK7N1 S�l STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this //,L'i., day of z�?.. <,, ( , A.D., 19 19 , before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared Mayor of the City of Iowa City, Iowa, andl', /�_� x o w City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. Notary Public in and for the ate of Iowa STATE OF SS: COUNTY OF On this day of A.D., 19 before me, a Notary Public,in and for the County of , State of Iowa, President, and Secretary,of the Ecumenical Housing Corporation, the Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, dial say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of 5y� or: April 17 1979 The Council of the City of Iowa City, Iowa, met in ad'ouued session, in the Council Chambers at the Civic Center, 410 Bast Washington Street, Iowa City, Iowa, at 1:00 o'clock _P_.M., on the above date. There were present Mayor Robert Vevera in the chair, and the following named Council Members: John Balmer, Clemens Brdahl, Mary Neuhauser Glenn Roberts, Carol deProsse, David Perret Absent: -1- AHLERS. COON EY. DORWEILER. HAYN IESSMITH. LAWYERS. DES MOINES, IOWA J �� • Y . The Mayor announced that this being the time and place for the opening of bids for the sale of $5,500,000 General Obligation Bonds, the meeting was thrown open for the receipt of bids for said bonds. The following sealed bids were received and not opened: Name & Address of Bidders: Continental Illinois National Bank and Trust Company of Chicago £, Bache Halsey Stuart Shields, inc. $ Associates First National Bank of Chicago & Dean Witter Reynolds, Inc. and Associates Harris Trust & Savings Bank and XXX Iowa Des-`loines National Bank and Associates ?Morgan Guaranty Trust Company of New York and Salomon Brothers The Northern Trust Company and Merrill Lynch White Weld Capital !Markets Group and Associates United California Bank and Carleton D. Beh Co. and Associates Chicago Chicago Chicago New York Chicago Los Angeles Open bids were then calkogEfor and the best open bid received was as follows: Name & Address of Bidder: Net Interest Rate: Net Interest Cost: Whereupon, the sealed bids were opened and the best sealed bid was as follows: United California Bank a Name & Address of Bidder�arleton D. Beh Co. 5.319828 Net Interest Rate . Net Interest Cost: -2- AHLERS. COONEY, DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA / Neuhauser Council Member introduced the following Resolution entitled "RESOLUTION DIRECTING SALE OF $5,500,000 GENEI*lp" LIGATION BONDS," and moved its adoption. Council Member 641-44�Z,p seconded the motion to adopt. The roll was called and the vote was, BRlmer, i;rdahl, Neuhauser, Roberts AYES: Vevera None NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 79-155 RESOLUTION DIRECTING SALE OF $5,500,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $5,500 000 GENERAL OBLIGATION BONDS: United California Bank Los Angeles Bidders Carleton D. Beh Co. of the terms of said bid being: as attached NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. -3- AHLERS. GOONEY, DORWEILER. HAYNIE S SMITH. LAWYERS, DEB MOINES, IOWA OFFICIAL III]) I'ORNI (:ilv of Iowa Ci h' Civic Conner Iowa City, Iowa Gentlemen: April 17, 1979 For $5;500,0(X) City of lire❑ (:it%. Iowa. Ci ner:tl OLligaion Ilnnds, (I(.s( riltrd in the mill (P51t Official Notice of Sale ,(•Bic) is expm ress))' ade a p: til In-wof. \,(• will pay th:v v e pahnc Ihrn lcof plus premium of $ 60 .40 , phis ;tccrued interest from \lay 1, 1979 to the dac of delivrry for ponds hr:lrio,g inlcresl ns follows (enr•h :i multiple of "I or !la of 1%). AfA•1'UIiri ii,:.S—June I Moo•000 1952 5.90 ! $snu'KX) 19wi 5.20 !;, $500,W)loss) 5.34.00 509000 5(X)•000 1953 _ .90 ' r 500,1100 1957 25 c,1, 5(X),000... 1990_ 5.30_°0 In,1 1951 .30 !; 509(X)0 1955 x.2^;, 500,(0) 1991 0 4/0 5(X AX) 1955. 5.30 (i )U87 5(X),000 ...... 1992 .30-q/0 0_% Said bonds are to lie executed :md delivered to its in accord:nlcc e11h the terms of this bid accompanied by the nppioving Icgnl opinion of Ahlrrs, (•nnnry, I)nn,riler, llmuie (\ Smith. Allorneys, Des Nfoincs. fon:l. You are to pay for the Icgal opioiou :md for printiog Ido bonds. Uulrss we notify vin to Ihr cnnlmi), within 24 hours, CUSIP minders ire to be printed on the bonds :It our cspcnm• :md m. agrcc to ac•ecpt Ih(• bon(Is :it drlivt•ry with the CUSI P wimhe s a.s printed. As evidence of our good faith, 1,c (•nclusc litrrwilh check in Ih(• sum of $110,000 in accordmiec with your Official Notice of Sale•. A list of lite na•odgrr, of our nccrnmt on whose behalf this hid is made is appended hereto. Dcscripliml of Check: AmormL• $110,000 Nome of [lank UNITED CALIFORNIA BANK (:ify LOS ANGELES Sl:d(. CAMP'ORPIIA (:cllificd (Cashiers) Chcul, No. 100907)16 I);tc(1 APRIL 17, 1971 (Por Ilse Jap City Only) 'I'hc above• chccl, st as 1'ct1imcd and r( crivcd for lir .ibuvr mimed Arcouol \I:m:mgrr Ily RcsprclGdly submittc(l, UNITED CALIFORNIA BANK ) JOINT CARL,ETON D. BEII CO. MANAGERS Nautc SLARS BANK- & TRUST- COMPANY—_ / Account Afarwger Philip V� Mann, Vice President Add1.,.s.• 7d Wilshire Blvd, W12-1 Los Angeles Calif. 90017 Slat _ --- ----NOT A PART OF BID Onr c:drul.dion of ncl intewst cost from above is: Total theme,( ) $ 293650666.67 L(•„ I'reulinm 560.00 Ncl 11drn,I (:list $ 2,365,106.67 N, - I I I t I I rr-nl It:to 5.319626_o,o The foicgoing bid s,,ts nccrpted .11,41 hands sold \pril 17, 1979, mul re(•ript is hereby a(•knowledged of Ill(- good faith check which is brill, held in accord.oac a i1B Ih(• Ituls 1,I the ()Ili( i.11 \.-lir'. of S.dc. Dur 1.. ._-.""----..._ Jour 1 Aunnnll 1152 $ Booj o 1083 500,0110 In,1 500,mo 19M, 5011,1100 IUSIi 511(1,011(1 )U87 500,000 A%, ing, Life: 8.0:1),.u, CIT) OF I(M A CITY. 10WA Firuince Director ....._-...�. 1.. ._-.""----..._ ..... . I ins x l:n' 1. lk,9 !I ui (n,,,i„dubnn lhn J,n„, 0,01. Nw a I',ul ni Fid.) Ibnd 1'rary ilond Years Doc - Animal Cu1110al (• Junv I Amount Annual Cumulative 15 11.066 1,51 Lwm W.” $ 500,000 4,541.666 21,291.0G6 2.0 1I.M.7 3.5"3.333 19811 5011,000 5,011.667 2(1,333.333 2.511.667 h 125.1410 1990 500.000 5,51 LWI 31,875.UW 31111.Idd, !),166.666 1991 500,000 6,0.11.0(i0 37,916.6(3(3 I I LIi7 1',7118.3:33 199' 5(K),00o (1,541.6(11 41,458.33.3 1,011.667 10.7[50.000 $5,500,000 111,458.333 ....._-...�. 1.. ._-.""----..._ ..... . Section 'l. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notices of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 17th day of April , 1979. "�G�G ( lc -ecru Mayor ATTEST: -4- AHLERS. COONEY, DORWEILER. HAYNIE 6 SMITH. LAWYERS, DES MOINES. IOWA i P RESOLUTION NO. 79-156 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIU= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persona at the following described location: Kenneth R. O'Donnell, dba/Lamplighter II, 1310 Highland Ct. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Balmer and seconded by Perret as rc—tea�e adopted, and upon roll call Passed and approved this Attest: City Clerk AYES: NAYS: ABSENT: x 17th day of April Mayor 19 79 5Y-6 RESOLUTION NO. 79-157 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: Regal Vending dba/Lamplighter II, 1310 Highland Ct. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse X Erdahl X Neuhauser x Perret X Roberts x Vevera X Passed and approved this 17th day of April , 19 79 Mayor Attest: City Clerk ,�_V 7 RISOLUTION NO 79-158 WHIM -AS, Di II Mihalopoulos operaLos Best Steak house at 127 Iowa Avenue in Iowa City, Iowa; and WHEREAS, the construction of sidewalk vaults facilitates the efficient operation of that business NOW TIERMRE BE IT RESOLVID THE BY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an agreement with Bill Mihalopoulos regarding the construction and maintenance of sidewalk vaults. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X DeProsse x Irdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17thday of April 1979. 12 MAYO IV. [T CITY CLERK Ry,CEIM b EY THE IEC''jf3 /Pt'A is 1319MISSION AND 1NDUM IIPICAI'lON AGIUM;N'1' WHEREAS, the City of Iowa City is a municipal corporation having full title and control of all public streets, alleys, and public ways; and WHEREAS, the undersigned, being owners/tenants of the following described real estate, to -wit: Beginning at the Northeast corner of Lot 1, Block 80, Original Town of Iowa City, Iowa, according to the recorded plat thereof, thence West 67 feet, thence South 40 feet, thence Last 67 feet, thence North 40 feet to the place of beginning. IMEREAS, the undersigned are engaged in and conducting the following business at the above location: Best Steak House at 127 Iowa Ave., Iowa City, Iowa; and WHEREAS, in order to facilitate access to and from said business and to provide for the expeditious loading and unloading of merchandise and wares; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, super- vision, and control of public grounds, streets and sidewalks. NOW, THEREFORE, be it stated that the City of Iowa City hereby grants Bill Mihalopoulos permission to construct and maintain a sidewalk vault subject to the following conditions: 1. The undersigned agree to construct and maintain sidewalk vaults located at Dubuque St. and Iowa Ave. 2. Said construction be under the direction of the City Engineer. This direction shall consist of an occasional inspection of the work in progress, but shall not relieve or release the undersigned oC its responsibility that the vault be constructed pursuant to all applicable laws. 3. This permit shall be valid for a period of 10 years, from the date of issuance subject to revocation by either party upon thirty (30) days written notice. 4. The undersigned agrees to relocate or remove said vault at own cost and expense upon written notice by the City of Iowa City. Said relocation or removal shall be accomplished within (30) days of the date of written notification. 2. The undersigned further agrees to replace and reconstruct the sidewalk upon said relocation or removal at own cost and expense. 5. The undersigned hereby agrees to indemnify, defend and save harmless the City of Iowa City, its agents, officers, and employees, from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the construction, use, maintenance, and removal of said vault, including losses resulting from but not limited to leakage, injury to property and persons. This permission shall cane into full force and effect upon the filing by the undersigned, in the office of the City Clerk, a liability insurance policy, executed by a carpany authorized to do insurance business in the State of Iowa in a form approved by the City Manager. The minimum limits of such policy shall be as follows: To cover the insured's liability for personal injury or death in the amount of five hundred thousand ($500.000) dollars and for property damage in the amount of ten thousand ($10,000) dollars. Each policy shall contain the following endorsement: "It is expressly understood and agreed that this policy shall insure against all claims, suits, damages, costs, losses and expenses resulting in any manner from, arising out of or connected with the construction, use, maintenance, and renoval of sidewalk vaults located at Dubuque St. and Iowa Ave. and used in conjunction with the insured's business." "It is further understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be ,SS% 3. given thirty (30) days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation of this policy shall not be affected by an act or omission of the named insured, or any employee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the insured in payment of the premium, nor in the giving of any notice required by sand policy, or otherwise, nor by the death, insolvency, banRruptcy, legal incapacity, or inability of the insured." The failure of the undersigned to maintain such a policy in full force and effect shall be grounds for revocation of permission by the City of Iowa City, Iowa, as provided above. Dated this 1rljk day of 4�j , 19 . ATTEST: AM ST: CITY CUM Owner/Tenant MAYOR ffi ray LEGAL WiRTUNT 1�'Y/ STATE OF IOWA ) ) ss: (WUNTY OF JOHNSON ) On this day of , in the year , before me, a notary public in and for said county of Johnson, State of Iowa, residing therein, duly commissioned and sworn, personally appeared , known to me to be the mayor, and , 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. Notary Public in and for Johnson County State of Iowa STATE OF IOWA ) ) ss: ODUNTY OF JOHNSON ) On this day of 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared 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 his voluntary act and deed. Notary Public in and for Johnson County State of Iowa -31:2— 1'y/ RESOLUTION NO. 79-159 ; RESOLUTION RESCINDING RESOLUTION NO. 79-154 AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE REAL ESTATE. CONTRACT BETWEEN THE CITY 017 IOWA CITY AND THE ECUMENICAL HOUSING CORPORATION WHEREAS, the City of Iowa City, Iowa, and the Ecumenical (lousing Corporation did enter into a real estate contract on the 14th day of March, 1979; and, WHEREAS, the City Council of the City of Iowa City, did on April 10, 1979, adopt Resolution No. 79-154, authorizing the Mayor and City Clerk to execute an amendment to the Real Estate Contract between the City of Iowa City and the Ecumenical Housing Corporation; and, WHEREAS, it is desirable to rescind said Resolution No. 79-154 and to revise the legal descriptions contained in the amendment to the Contract, and to approve the revised Amendment to $eal Estate Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-154, approved on April 10, 1979 is hereby rescinded; and, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Amendment to Real Estate Contract by and between the City of Iowa City, Iowa, and the Ecumenical (lousing Corporation, a copy of which amendment is attached hereto and by this reference made a part hereof. 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 deProsse X Erdahl x Ncuhauser x Ferret x Roberts X Vevera Passed and approved this 17th day of April I ATTEST: / Ze / -4"ii City Plerk Neuhauser e were: 1979. Mayor RI-cg;7F^ , L - NY 2 F IJc:;4l L1J D .l TYi�7T S"S 3 J AMENDMENT TO REAL ESTATE CONTR This amendment, dated this l7 day of dh:LQ , 1979, to a certain Real Estate Contract dated the 14th day oiP March, 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical Housing Corporation, an Iowa corporation, hereinafter sometimes referred to as the Buyer: WITNESSETH WHEREAS, the Buyer and the Seller did enter into a real estate contract dated March 14, 1979; and, WHEREAS, requirements of the U.S. Department of Housing and Urban Development make it necessary for the Buyer to purchase additional land to provide ten additional parking spaces. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Buyer and the Seller do hereby mutually agree to the amendment of the aforesaid contract by making the changes set forth herein: 1. The legal description shall be deleted and the following legal description shall be substituted in its place, to wit: All of Lot 2; except the west fifteen feet of the south forty feet of said Lot 2, Block 61; and The north one hundred ten feet of the east eight feet of Lot 3, Block 61; and The east fifty-one and seventy-five hundredths feet of Lot 6 and the west fifty feet of Lot 7, Block 61; All in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. 2. The purchase price shall be amended to read $81,500. 3. The following provision shall be added: 10. Access Easement: The Seller hereby grants to the Buyer an easement for the purpose of access over the following described real property; to wit: The west twenty feet of the cast twenty-eight feet of Lot 3, Block 61, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Said easement shall be in force and effect until the property purchased by Buyer from the Seller which is immediately cast of said easement area is no longer being used for the parking of motor vehicles, and in any event, as long as the property is subject to a mortgage from the U.S. Department of Housing and Urban Development. IN WITNESS WHEREOF, the City of Iowa City, Iowa, has caused the Amendment to Real Estate Contract to be duly executed in its name and behalf by its Mayor and Shy -2 - its seal to be hereunto duly affixed and attested to by its City Clerk, and the Buyer has caused the Amendment to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary on or as of the day first above written. CITY OF IOIVA CI'T'Y, IOIVA By:A zz _e^ �crl/ Mayor ATTEST: jj"'�i�l�, City Clerk , ECUMENICAL HOUSING CORPORATION By ' President 4z ATTES: 5" Secretary & BY TflB LE'"kL ':Y;l i - / - /--- STATE OF IOWA SS: COUNTY OF JOHNSON On this 4 6� day of C , r A.D., 19 ' before me, a Notary Public duly commissioned and q lifted in and for said County and State, personally appeared Mayor of the City of Iowa City, Iowa, and City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. Notary Public in and for tpe State of Iowa STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this 20th day of April , A.D., 19 79 before me, a Notary Public„ in and for the County of Johnson , State of Iowa, Robert L. Welsh , President, and Robert A. Elliott , Secretary,of the Ecumenical Housing Corporation, the Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notarf Plublic in and f9f V robnson County, State of Iowa RESOLUTION NO. 79-160 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1979 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, 1979. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of April , 1979. MAYOR CITY CLERK RL::Y:VED & ArT ,-"-, D BY �TRi LEGAL D.CPARTIENT i ( w Clf 11'1.' 1 I Jri�7 RESOLUTION NO. 79-161 RP.SOLUTTON AUTHORTZTNG THE EXECUTION 01' AN AGREEMENT TO SELL WHEREAS, the City of Iowa City, Iowa, owns certain property, specifically the Clinton Street modular units F, G, H, Q, and R; and, WHEREAS, the City of Iowa City, Iowa, desires to sell said property; and, WHEREAS, the City of Iowa City, Iowa, has received an Offer to Purchase said property from the West Branch Community Schools. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk are hereby authorized to execute the Agreement to Sell, a copy of which agreement is attached hereto and by this reference made a part hereof. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProssc x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of April 1979. ATTEST:�ZIL % City Clerk 'l'//�L��t'(l - 1,/i � •t-« � - Mayor p}C,IPT^ P. YPFROVFD I+Y THIS LLGAL 1!?TLY.TKFXT �� /i � • fir/• ' — ,S Sri' AGREEMENT TO SEL1. This agreement to sell is made this 17111, day of LG%4cX __ _, 1979, by and between the City of Iowa City, Iowa, hereinaft r called SELLOR, and the West Branch Community Schools, hereinafter called BUYER. WHERIiAS, the City of Iowa City, Iowa, is authorized and empowered by State laws to enter into agreements for the disposal of property owned by the City of Iowa City, Iowa; and, WHEREAS, the West Branch Community Schools of West Branch, Cedar County, State of Iowa, has submitted an offer to purchase certain property owned by the City of Iowa City. NOW, THEREFORE, the BUYER and SELLOR hereby mutually covenant and agree to the following terms, covenants and conditions. TERMS, COVENANTS AND CONDITIONS The SELLOR is the owner of the following described property and has the right to sell and convey the same; to -wit: Clinton Street modular units F G H O R 2. That the BUYER agrees to pay SELLOR the sum of fourteen thousand dollars ($ 14 000) as the purchase price for the property described in Paragraph 1 above. 3. That upon tender of the agreed amount of money for the property described in Paragraph 1 above, the SELLOR has agreed to convey the same to the BUYER. 4. The SELLOR does not warrant the condition of said property. S. That the BUYER agrees to remove said property from its present location to a location approved by the Building Inspector of the City of Iowa City, City Engineer of the City of Iowa City and the local Zoning Administrator within thirty (30) days of receipt of notice that the property may be removed. 6. That BUYER shall secure a license prior to moving said property pursuant to Chapter Eight, Article Five of the Municipal Code of the City of Iowa City and shall move said property according to the sections and provisions of said Ordinance. This agreement is specifically subject to BUYER obtaining a moving permit and complying with the provisions stated in Chapter Eight, Article Five, attached herein and by this reference made a part of this agreement. 7. Failure of performance by BUYER of any of the terms, covenants and conditions of this agreement shall constitute a breach of contract and SELLOR, in addi- tion to any and all other legal and equitable remedies which it may have, at its option,may proceed to cancel this contract and forfeit ten percent (100) of the purchase price. Dated this .7, h day of 1979. , 1979 ATTEST: V_U_�/ BUY MAYOR, CITY OF IOWA CITY Aman ` DY TSE LES AD XM S�5 � RESOLUTION NO. 79-162 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH A BETTER CAB COMPANY TO PROVIDE SUBSIDIZED CAB SERVICE. WHEREAS, the City of Iowa City has provided transportation to the elderly and handicapped residents of Iowa City through the SEATS program, and WHEREAS, some transportation needs of the elderly may more efficiently be served by taxi service, and WHEREAS, it is in the public interest for the City of Iowa City to assist its residents in meeting these needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with A Better Cab Company to provide subsidized cab service for its elderly and handicapped residents. 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 deProsse X Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of April , 1979. ATTEST: A�1 CITY CLERK MAYOR jMCyjvzD & A^I'B, -TD Ey THE LEGAL DEPARTW2iT 7 S6d AGREEMENT This Agreement is made and entered into on the / ATL day of , of 1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City" and A Better Cab Company. I. SCOPE OF SERVICES A Better Cab Co. would provide transportation for handicapped and elderly residents of Iowa City. II. GENERAL TERMS 1. The home origin or destination of all trips shall be within the corporate limits of Iowa City; however, the area of service would 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 Better 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. The spouses accompanying eligible persons will also be eligible to obtain rides. s6� 2 4. At present, SEATS service operates approximately 64 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. (1) 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 A Better Cab Co. $0.50 -for each trip and the City shall subsidize the remaining cost of the trip. The determination of the total trip cost shall be based on the current fare structure of taxi companies -- $1.45 for the first mile and $.50 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 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. 3 3. Funding of $500/month shall be allocated by the City for the provision of services pursuant to this agreement. In addition to providing for fare subsidies, a portion of the funds shall be allocated for advertising and public relations purposes. A Better Cab Co. shall pay one-half the cost of advertising and public relations. IV. INDEMNIFICATION A Better 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 A Better Cab Co. shall not assign, sublet or transfer its interest in this agreement without the written consent of the City and such assignment shall be void. VI. DISCRIMINATION A Better 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. J K3 ,2 VII. AFFIRMATIVE ACTION 1. A Better Cab Co. agrees to implement an affirmative action program during the period of this Agreement which shall be monitored and approved by Ms. Zukrowski, Civil Rights Spec. of Iowa City. 2. A Better Cab Co. has written qualifications which are job related for each job classification. 3. A Better Cab Co. maintains records of the number of vacancies, the race and sex of each applicant, of the person hired and each current employee. The Civil Rights Specialist may inspect these records during normal business hours. 4. A Better Cab Co. will advertise in the Iowa City Press - Citizen and the Daily Iowan 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 A Better Cab Co. is an "Equal Opportunity Employer." VII. DURATION This program shall be in effect beginning forty-eight hours from the signing of this agreement to June 30, 1979. Upon agreement of the parties, the terms of this program may be extended an additional thirty (30) days, pending negotiations for renewal. However, this agreement may be terminated upon 10 days written notification by either party. IX. EXTENT OF AGREEMENT This agreement represents the entire agreement between the City of Iowa City and A Better Cab Co. for the provision of J-0/ 5 subsidized cab service. It may be amended only by written instrument, signed by both parties. A BETTER CAB COMPANY CITY OF IOWA CITY ATTEST: Mayor I.. ^� ./�L/I r. IGity Clerk RECEIVED g A -__"--TD BY TRE LEGAL I... : N"'"r / 7r!4 if-- �+ RESOLUTION NO. 79-163 4 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF gnyRIIM STRFFT f(1NNFfTTnN 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 total 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 2nd day of May 19Z1. 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 8th day of Mal , 1979 - Page 2 Resolution No. 19-163 It was moved by Balmer and seconded by Neuhauser that the Resolution as rea e a opte , and upon roll ca�fere were: AYES: NAYS: ABSENT: x x Passed and approved this ATTEST: t CITY LERK BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA 17th day of April , 1979. MAYOR RESOLUTION NO. 79-164 RESOLUTION APPROVING CLASS A Liquor LIQUOR CONTROL LICENSE APPLiCATIaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approveTFor the following named person or persons at the following described location: Leroy E. Weeks Post 3949 V.F.W., Highway 6 E. Bypass Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as re -a 5e adopted, and upon ro-I call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser \ Perret A Roberts Vevera \ Passed and approved this 24th day of April 19 79 Mayor Attest: �ai_c -(./, - City Clerk RESOLUTION NO. 79-165 RESOLUTION OF APPROVAL OF CLASS A Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Leroy E. Weeks Post 3949 V.F.W., Highway 6 E Bypass Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 197 , Attest: City Clerk 24th day of April , Mayor r. c RESOLUTION NO. 79-166 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPL BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve -d -Tor the following named person or persons at the following described location: Pershell Corp. dba Colonial Bowling Lanes, 2252 Highway 218 South Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer �_p and seconded by as rem adopted, and upon—r—oll call AYES: X deProsse x Erdahl Neuhauaer X Perret X Roberts Vevera Passed and approved this 24th Attest: 6/_ /'' 21 � --( J City Clerk NAYS: ABSENT: day of -Apri 1 , 19 79 Mayor CVA RESOLUTION NO. 79-167 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Li'= Sunday Permit application is hereby approved for the following named person or persons at the following described location: Pershell Corp. dba Colonial Bowling Lanes, 2252 Highway 218 South Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl AYES: NAYS: ABSENT: A Neuhauser X Perret X Roberts Vevera X Passed and approved this 19 79 . Attest: I ( //" , / /,; C /„ City Clerk / 24th day of April , Mayor �for/ 0 RESOLUTION NO. 79-168 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Ware & McDonald Oil Co. dba/Wareco, 828 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: X X x 54 X s&1 Passed and approved this 24th day of Attest: ( (, /t City Clerk / Mayor April , 19 79 J%-7 RESOLUTION NO. 79-169 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ware & McDonald Oil Co. dba/Wareco, 828 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Pprrpt and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Mayor Attest: City Clerk AYES: NAYS: ABSENT: Balmer deProsse X Erdahi X Neuhauser X Perret Roberts CI Yl SfG Iu Vevera r Passed and approved this 24th day of April 19 79 Mayor Attest: City Clerk n RESOLUTION NO. 79_170 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: B.P.O. Elks #590, 637 Foster Road It was moved by Perret and seconded by Balmer that the Resolution as read e adopted, and upon roll—call roll—callthere were: AYES: NAYS: ABSENT: Balmer deProsse X Erdahl Neuhauser _ y Perret X Roberts Vevera l( Passed and approved this 24th day of April r 197 9 . Attest: �111. City Clerk Mayor .47%� 0 RESOLUTION NO. 79-171 RESOLUTION TO REFUND BEER PERMIT CORRECTED COPY Happy Joe's Pizza & Ice Cream Parlor WHEREAS, Beka Ltd. dba/ at 805 - First Ave. has surrendered Beer Permit No. BB 4740 , expiring 1/15/80 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby 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 $ 225.00 payable to Happy Joe's Pizza & Ice Cream for refund of Beer Permit No. BB 4740. Parlor It was moved by Perret and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse X Erdahl X Neuhauser Perret X Roberts Vevera Passed and approved this 24th day of April , 19 79 Attest: City Clerk Mayor S75 RESOLUTION NO. 79-172 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, Inc. dba/Donutland #41, 817 S. Riverside Drive It was moved byoPerret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer 1( deProsse Y Erdahl X Neuhauser K Perret u Roberts 1i Vevera Passed and approved this 24th day of 19 79 r ` Attest: City Clerk^ Mayor April 57G RESOLUTION NO. 7g-171 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Four Cushions, Inc. dba/Control Tower, 18-20 South Clinton St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Balmer that the Resolution as rete adopted, and uponroll call there were: AYES: NAYS: ABSENT: Balmer X deProsse Erdahl X Neuhauser X Perret X Roberts yevera Passed and approved this 24th day of April 19 79 Mayor Attest: City Clerk �71 RESOLUTION NO. 79_174 RESOLUTION APPROVING AMENDED FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF LOTS 3 AND 4 OF "the WESTWINDS" WHEREAS, an amended Final Large Scale Residential Plan of "the Westwinds", Iowa City, Johnson County, Iowa, has been filed with the City Clerk of Iowa City, Iowa; and, WHEREAS, Melrose Corporation and Medivestments are the owners and proprietors of the real estate described in said amended Final Large Scale Residential Development Plan; WHEREAS, Melrose Corporation and Medivestments have executed a Dedication and an Agreement with the City of Iowa City, Iowa, providing for the construction of sewer mains, water mains, and private drives. WHEREAS, all the necessary documents have been submitted to the City of Iowa City, Iowa; NOW, THEREFORE, 6E IT RESOLVED, BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" be granted and are hereby approved by the City of Iowa City, Iowa. The Mayor and City Clerk are hereby authorized and directed to execute said Agreement on behalf of the City of Iowa City, Iowa, and to certify this Resolution of approval and affix the same to the plat submitted by Melrose Corporation and Medivestments, the Developer's Agreement attached to this Resolution is by this reference made a part hereof. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were: -2- 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 24 day of April, 1979. C iTY CLERK OF IOWA ITY, IOWA Passed and approved this 24 day of April 1979• i ROBERT VEV RA, Mayor ATTEST: City Clerk CORPORATE SEAL AYES NAYS ABSENT BALMER Abstain dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x 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 24 day of April, 1979. C iTY CLERK OF IOWA ITY, IOWA Passed and approved this 24 day of April 1979• i ROBERT VEV RA, Mayor ATTEST: City Clerk CORPORATE SEAL A AGREEMENT THIS AGREEMENT made and entered into by and betwen Melrose Corpor- ation, an Iowa corporation, and Medivestments, an Iowa limited partner- ship, hereinafter collectively called "Developer", and the City of Iowa City, Iowa, a municipal corporation hereinafter called "City" WITNESSETH: WHEREAS, Developer has submitted an amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" known as "Windshire", to the City for approval, which proposed development is located on the following described real estate, to -wit: Lots 3 and 4, Westwinds Subdivision, Iowa City, Iowa according to the recorded plat thereof, more parti- cularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the Fifth Principal Meridian; thence N 00°13'31" W, 1875.00 feet on the Centerline of Mormon Trek Boulevard; thence West 524.10 feet to the Southeast Corner of the Westwinds; thence West 619.00 feet to the Point of Beginning; thence West 177.65 feet; thence N 00°16'13" W, 715.36 feet to the Southerly Right -of -Way line of Melrose Avenue; thence N 89°09'16" E, 273.79 feet; thence South- easterly 31.58 feet along a 20.00 foot radius curve, concave southwesterly, whose 28.40 foot chord bears S 45°36'49" E; thence S 00°22'55" E, 57.45 feet along the Westerly Right -of -Way line of Westwinds Drive; thence Southeasterly 51.17 feet along a 775.00 foot radius curve concave Northeasterly whose 51.16 foot chord bears S 02°16'24" E; thence S 04°09'53" E, 136.24 feet; thence Southwesterly 108.70 feet along a 325.00 foot radius curve concave Northwesterly, whose 108.20 foot chord bears S 05°25'04" W; thence S 15°00'00" W, 249.84 feet; thence Southwesterly 71.99 feet along a 275.00 foot radius curve whose 71.79 foot chord bears S 22°30'00" W; thence S 30°00'00" W, 45.84 feet to the Point of Beginning. Said tract of land containing 4.49 acres. WHEREAS, the City has imposed certain requirements upon the Devel- oper as a condition to the approval of said amended Final Large Scale Residential Development Plan; NOW, THEREFORE, in consideration of the approval of the amended Final Large Scale Residential Development Plan (known as "Windshire") _ ,R -2 - by the City and in consideration of the mutual covenants hereinafter set forth, it is agreed by and between the parties as follows: 1. CONSIDERATION AND COVENANT. In consideration of the City approving the amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" (known as "Windshire"), the Developer agrees as a covenant running with the land that the City shall not approve the building permit on said real estate unless and until water mains, sanitary sewers, and private drives have been installed in front of or adjacent to Lots 3 and 4 of "the Westwinds". 2. CONSTRUCTION OF IMPROVEMENTS. All such improvements as stated in Section 1 of this Agreement shall be constructed and installed by Developer according to the plans and specifications of the City and under the direction of the Engineer of the City. Said direction shall consist of occasional inspection of the work in process, but shall not relieve or release Developer from its responsibility to construct said improvements pursuant to said plans and specification. 3. BUILDING PERMIT AND ESCROW MONIES. It is further provided, however, that in the event the Developer, its assigns or successors in interest, should desire a building permit on Lots 3 and 4 of "the West - winds" for which pavement, water mains and sanitary sewers are not installed, Developer, its assigns or successors in interest, shall deposit with the Clerk of City in escrow an amount equal to the cost of said improvements plus ten percent (10%) thereof as determined by the City Engineer's Office of the City. When said funds are deposited, the Building Inspector of City shall issue a building permit provided that the applicant complies with all other requirements and ordinances of City. 4. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 3, City in its discretion may require the Developer, its assigns or successors in interest, to SF/ -3 - construct and install such improvements as stated in Section 1. 5. USE OF ESCROW MONIES. If after the issuance of an occupancy permit, the improvements as stated in Section 1 have not been con- structed 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 adjacent to or in front of which said improvements are made. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation of such improve- ments. 6. WAIVER. In the event Developer, its assigns or successors in interest, shall sell or convey any real estate (including condominium units) located in Lots 3 and 4 of "the Westwinds" without having had constructed or installed the water mains, sanitary sewers or pavement, 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 of the real estate to or in front of the real estate on which the improvements are made. Further, the condominium units in Lots 3 and 4 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. JOot -4- 7. STORM WATER CONTROL STRUCTURE. Developer will construct a storm water detention facility in accordance with the Iowa City Storm Water Management Ordinance with the Iowa City Storm Water Management Ordinance and pursuant to plans and specifications approved by the City of Iowa City, as shown on the amended Final Large Scale Residential Development Plan of Lots 3 and 4 of "the Westwinds" (known as "Windshire") and after such facility has been constructed, Developer shall be respon- sible for the continued operation, maintenance and repair of such facility in a manner which is consistent with said ordinance, which obligation shall be a covenant running with the land and enforceable by the City against the Developer and the Developer's successors in interest. 8. EASEMENTS. As shown on the Plat of the amended Final Large Scale Residential Development Plan, blanket easements are provided for installation and maintenance of public and private utilities. No buildings may be constructed over public utilities. 9. COVENANT. This Agreement shall be binding upon the parties hereto and their successors in interest and shall be construed as a covenant running with the title to the land described herein as though 54F3 -5 - the same were incorporated into each subsequent conveyance of the land described herein. IN WITNESS WHEREOF, the parties have caused this agreement to be executed at Iowa City, Iowa, on this d Sday of April, 1979. DEVELOPER MELROSE CO CITY OF IOWA CITY, IOWA By BY Brpct! A Orr, President Robert Vevera, Mayor MEDIVESTMENTS a ST By i sle , Trearturer Abbie Sto fus, City Clerk SS. JOHNSON COUNTY On this / day of April, 1979, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bruce A. Orr and Gregory Kessler, to me personally known, who, being by me duly sworn, did say that they are the President and Treasurer 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 corporation by authority of its Board of Directors; and that the said Bruce A. Orr and Gregory Kessler, as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them volun- tarily executed. Notary Public for/the State of Iowa Sly STATE OF IOWA SS. JOHNSON COUNTY M On this -' 5-'-t'day of April, 1979, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Robert A. Vevera and Abbie Stolfus, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respec- tively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corpora- tion by authority of its City Council; and that the said Robert A. Vevera 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 Notary Public for the State of Iowa On this 1 day of April, 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bruce A. Orr 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 his voluntary act and deed. Notary Public for the State of Iowa A RESOLUTION N0. 79-175 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF MORELAND SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Moreland Subdivision be granted with the following conditions: None. i It was moved by deProsse and seconded by Perret that the resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 24th day of Apprril , L979. I �' /� IJ 7' I .� NAYOR ATTEST: s 7 CITY CLERK Received ✓; Approved By The Legal Department I5f,< Silo RESOLUTION #79-176 RESOLUTION APPROVING FINAL PLAT OF MORELAND SUBDIVISION, LOT 1 WHEREAS, the owner and proprietor, Moreland Subdivision Lot 1 has filed with the City Clerk plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the Northwest corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence East 571.76 feet; Thence South 1287.40 feet to the Point of Begin- ning; Thence N51113'23"E, 275.04 feet; Thence S23014153"E, 290.92 feet to the Northerly Right -of -Way line of Rochester Avenue; Thence S48°34100"W, 204.44 feet on said Northerly Right -of -Way line; Thence Southwesterly 37.30 feet along said Right -of -Way line on a 673.00 foot chord radius curve concave Northwesterly whose 37.30 foot chord bears S50°09'16"W; Thence N3000514011W, 293.84 feet to the Point of Beginning. Said tract of land containing 1.69 acres. WHEREAS, said property is owned by the above named corpora- tion and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was 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 and parks 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. AYES: NAYS: ABSENT: X X Balmer DeProsse X Erdahl Neuhauser Perret Roberts Vevera It was moved by deProsse, seconded by Perret that the Resolution as read be adopted, roll call as above. �. -2 - Passed and approved this 24th day of April 1979. ATTEST: CITY CLERK MAYOR Lel. RESOLUTION NO. 79-177 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FADS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain property contained therein, and has reviewed the appraisals, and reports, and being familiar with the property identified below, desires to establish the Just Compensation for said property for the purposes of acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the prices and amounts opposite each parcel of land, and all interests therein, including improvements, buildings, and fixtures, identified below, is hereby declared to be the Just Compensation for the purpose of acquisition of each said parcel and all other interests. The Staff of the City is hereby authorized to begin negotiations for the purchase of said property and the Mayor and City Clerk are authorized to contract for the purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the acquisition of said property. This resolution certifies that the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Real Estate Interest Parcel Owner 3 John S. Gottlieb, James L. Kerr, David A. Sidwell, dba "The Motorcycle Clinic" S James 4 Brenda Schintler, Ronald $ Marilyn Schintler, Richard Schintler, Barbara J. Schintler 6 W.A. Gay $ Company, Inc. 9 Arie 0 Antonia Kroeze Just Compensation $47,300 $17,800 $ 8,600 $ 1,800 -5-P9 -z - It was moved by Balmer and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this �L,day of_� ATTEST: City Clerk Mayor g , O 1979. Si?v RESOLUTION NO. 79-178 RESOLUTION APPROVING CONTRACT FOR LEGAL SERVICES AND AUTHORIZING LITIGATION WHEREAS, the City of Iowa City wishes to retain counsel to represent it in connection with legal matters pertaining to Freeway 518, and, WHEREAS, the attached agreement sets forth the understanding of the parties with respect to retaining attorney David A. Elderkin of Cedar Rapids to represent the City in connection with such matters. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City that the attached agreement for legal services is hereby approved and the Mayor and City Clerk are authorized to execute the same on behalf of the City. Further, litigation is authorized as set forth in the agreement. It was moved by Neuhauser and seconded by deProsse the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl x Neuhauser X Perret x Roberts x Vevera Passed and approved this 24th day ATTEST: CITY CLERK ofApril, 1979. MA 611 I d Agreement Reference Legal Services This agreement is entered into this 36 fl, day of April, 1979, by and between the City of Iowa City, Iowa, hereinafter referred to as the City, and attorney David A. Elderkin of the law firm of Wadsworth, Elderkin, Pirnie and Von Lackum, of Cedar Rapids, Iowa, hereinafter referred to as Elderkin. WHEREAS, the City desires to secure legal serveces to advise and represent the City in connection with legal matters pertaining to the planning and construction of a freeway located west of Iowa City known as Freeway 518, and, WHEREAS, the City desires to retain Elderkin as special counsel to represent the City in connection with this matter NOW THEREFORE IT IS AGREED as follows: 1. That Elderkin shall serve as special counsel to the City of Iowa City to represent the City in connection with legal matters pertaining to the alignment of the 518 freeway. 2. It is agreed that Elderkin shall commence initially a review of the factual and legal background of the 518 alignment matter and shall report to the City Council of Iowa City on his conclusions and opinions concerning the legal rights and responsibilities of the City in connection with that matter including his views as to the advisability of litigation concerning the alignment of the freeway. In addition, Elderkin shall commence and conduct litigation concerning this matter on behalf of the City if such litigation is deemed by him to be advisable upon consultation with the City Manager and City Attorney. 3. It is understood and agreed that Elderkin shall report to the City Council of Iowa City regarding progress of any litigation. 4. Elderkin shall be compensated at the rate of $50.00 per hour for work done pursuant to this agreement. Elderkin shall bill the City monthly, providing an itemized statement of services performed, and the City agrees to pay the statements promptly. 5. It is further agreed that Elderkin may wish to utilize the services of other personnel in his firm and in the event he choses to do so he shall provide the City with a list of the names and the rates of compensation to be paid. The City will then reimburse Elderkin for services performed by such personnel. In the event Elderkin desires to obtain the services of other counsel to assist him in the conduct of this matter, he shall submit information to the City Council concerning such counsel for City approval. 6. It is agreed by the parties that this agreement may be terminated by either party upon written notice in which event Elderkin shall be paid for all work done to the date of termination. Signed at Iowa City, Iowa, on the date stated above. City of Iowa /City BY: MAYOR ATTEST:( CITY CLERK David A. Elderkin 615 Higley Building Cedar Rapids, Iowa 52406 \O Ka" q, Q, RESOLUTION N0. 79-179 RESOLUTION ESTABLISHING TAPPING FEES FOR WATER SERVICES WHEREAS, the City is authorized to establish rates for connection to water service, and WHEREAS, it is in the public interest to defray the cost of connection by charging a reasonable fee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that fees shall be established as follows: Pipe Fee 3/4 $ 9.60 1" $ 11.10 1 $ 14.65 lz $ 17.20 2 $ 19.80 It was moved by Balmer 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 ABSENF: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 2 4 day of Ap r i 1 1979. D1, / RECEIVED 6 LPPROM BY THE LEGIL DEPARTMT _ Sg 2 RESOLUTION N0. 79-180 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR WASHINGTON STREET BRIDGE DESIGN WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with a copy of said a r being attac to s Reso u on s reference made a part and, WHEREAS, the City Council deems it in the public interest to enter into said agreement for the design of the Washington Street bridge over Ralston Creek. 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 NNW. Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Per -ret and seconded by Neuhauser the Resolution be adopted,uaonrroflcall there were: NAYS: ABSENT: BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 24 day of April , 1979. 1(en f le . ,11 l G / ATTEST: YD City Clerk Ey ^•� J�f� AGREEMENT (WASHINGTON STREET BRIDGE DESIGN) This Agreement, made and entered into this 3o day of '197f, by and between the City of Iowa City, a municipal orporation, hereinafter referred to as the City and N.N.W., Inc. of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. SCOPE OF SERVICES In October of 1978, N.N.W., Inc., completed a brief report on several alternatives for improving the bridge at Washington Street Bridge over Ralston Creek. This report suggested the replacement of the existing deck with a reinforced concrete slab as a recommended solution. It is the intent of this agreement that the N.N.W., Inc. report be the basis for the design services performed by the Consultant. The Scope of Services shall include a preliminary phase, a design phase, and a construction phase which are further defined as follows: Preliminary Phase In this phase the Consultant shall either confirm or reject the N.N.W. study through a more detailed analysis. To be included in the analysis shall be soils information regarding abutment settlement due to added dead load. The Consultant shall also determine feasibility of design through discussion with regulatory agencies (specifically Iowa Natural Resources Council). Further discussion and meetings with utility companies and private land owners as necessary shall be performed by the Consultant. Five (5) copies of the preliminary plan shall be submitted to the City for review purposes. The preliminary plans shall include, but not be limited to, elevations, cross-sections, flood flows, utilities, property lines, surface intersection geometry, material selection, and other appropriate design criteria. Design Phase After City approval of the preliminary design and cost estimate and upon written notice to proceed, the Consultant will begin the design phase which will include: a. Preparation of detailed contract drawings; b. Preparation of specifications and contract documents. The Consultant will insure that the contract documents will meet all requirements of the City's affirmative action and equal opportunity program. The Consultant will coordinate with the Human Relations Department to insure that all required non-discrimination and equal opportunity statements or affirmative action programs are included in the contract documents; C. Furnishing the City with two (2) copies of the specifications and contract drawings for a final review by the City. The Consultant will obtain project approval from other agencies after City review and approval as required; and d. Preparation of a final Construction Cost estimate upon completion of final design. This Construction Cost estimate will include a bidding contingency of ten percent. If the lowest bona fide proposal or bid exceeds the estab- lished Construction Cost limit, City shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project scope or quality. In the case of (3), Consultant shall, without additional charge beyond the maximum cost defined in this agreement, modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. The providing of such service will be the limit of Consultant's responsibility in this regard and, having done so, Consultant shall be entitled to payment for his services in accordance with this Agreement. Construction Phase The Consultant will provide the following services under this phase upon written notice from the City: a. Assist the City in securing bids and provide bid documents for contractors. The bid documents for this phase are not a reimbursable expense; b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contracts; C. Assistance on the preparation of the formal documents for the award of the contracts; d. Consult and advise the City during construction relative to this project; e. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; f. Checking detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design concept; g. Reviewing laboratory reports, materials and equipment; h. It is intended that the City's Engineering Division will be responsible for resident project inspection. However, the Consultant will make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. He shall advise the project inspector of any deficiencies noted or anticipated during the periodic visits; and i. Make a final inspection report to the City upon completion of the project. Special Services Upon request the Consultant agrees to furnish special services. Such special services may include: a. Soil investigation, including test borings, related analysis and recommendations; b. Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and draftings; C. Technical observation by a Resident Project Representative and supporting staff as required who will observe the work for compliance with Contract Documents, and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to (1) setting of lines and grades as construction proceeds; (2) revision of contract drawings to show location and nature of improvements as actually constructed; and d. Assist the client as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory agencies. II. TIME OF COMPLETION The Consultant will complete the phase of this project within the times listed below: Preliminary Phase - 30 days after signing of this contract. Design Phase - The design phase of the project shall be done 60 days after approval of the preliminary phase. Construction Phase - The Consultant shall include appropriate construction times in the job specifications. III. GENERAL TERMS 1. Should the Consultant or the City terminate the contract, said Consultant shall be paid on the basis of direct personal expense as herein attached times a multiplier for the various classes of personnel actively engaged on the project for all work completed and for all work and services performed up to the time of termination; however, such sums shall not exceed the "not to exceed" amounts listed in Section IV. Either party may terminate this Agreement upon five (5) days notice. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 3. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the ordinances of the City of Iowa City, Iowa. 6. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use relative to the specific projects covered under this agreement. The Consultant shall not liable for use of such documents on other projects. 8. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 10. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 11. Original contract drawings shall be modified to reflect "as built" conditions and shall become the property of the City. The Consultant shall be allowed to keep mylar reproducibles for his files and use. 12. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 13. Records of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertinent to the project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 14. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: Expense of transportation and living when traveling in connection with the project, long distance calls, and telegrams; b. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for Consultant's office use; Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for special consultants employed with City's approval for services other than those defined in this contract; and Extraordinary reimbursable expenses shall be approved in advance by the City. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit -examination exerpts and transcriptions. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: Basic Services - For the preliminary phase, design phase, and construction phase the Consultant shall be paid a fee based upon 2.2 x Direct personal expense. The total fee for these phases shall not exceed $12,400. Not more than 30%, 70% and 100%, of the not to exceed figure shall be paid out prior to completion of the preliminary, design, and construction phases respectively. Special Services - Special services shall be compensated in the following manner: a. Soil testing services at approved flat rates. b. Full-time project representation shall be compensated at a fee based upon 2.2 x Direct Personal Expense. The Direct Personal Expense of all personnel classifications associated with this project shall be attached as Exhibit A. The City agrees to reimburse the Consultant for outside expense at cost. The Consultant shall furnish receipts of all outside expenses upon request. The "not to exceed" figures listed in this section refer only to Direct Personal Expense and do not include reimbursables. Reimbursable expenses are above and beyond the "not to exceed" figure. All fees will be billed and due payable monthly. With each billing the Consultant shall list the individual, the hours worked, and the hourly rate. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. It is further stated that there are no other consideration or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITYY::/ FOR THE CONSULTANT: ATTEST: ATTEST: i U RECEIVED BY}�1Im(,�yi DEP T][6N7 Zo 1`f Ir Council Member Balmer introduced the following Resolution ent tied "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,500,000 GP;NERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and movedthat it be adopted. Council Member ppm ed the motion to -adopt, and the roll being called thereon, the vote was as follows: AYES: Balmer, deProsse, Erdahl, Neuhauser Perret, Roberts, Vevera NAYS: None Whereupon, the Mayor declared said Resolution duly adopted as follows: RESOLUTION NO. 79-181 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $5,500,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa, sometimes hereinafter referred to as the "City" or "Municipality", was duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the City has designated the City Treasurer to act as the financial officer of said City with respect to the registration and payment of its bonds and interest thereon; and WHEREAS, said City is in need of funds to pay costs of the local share of the construction and design of sanitary sewers and treatment facilities; acquisition of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street - Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment -2- AHLERS, COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DEB MOINES. IOWA Facility and the River Corridor Trunk Sewer, an essential cor- porate purpose, and it is deemed necessary and advisable that general obligation Bonds in the amount of $2,000,000, be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said bonds, and the Council is therefore now authorized to proceed with the issuance of said bonds; and WHEREAS, said City is in need of funds to pay costs of acquiring, constructing and equipping a city public library, a general corporate purpose, and it is deemed necessary and advisable that its general obligation Bonds in the amount of $3,500,000 be issued for said purpose; and WHEREAS, this Council, pursuant to Section 384.26 of said Code, did legally call a City election, fixing the time and place thereof, and did legally submit to the qualified elec- tors of said City the proposiion of issuing general obligation Bonds of said City in an amount not exceeding $3,500,000, for the aforesaid purpose, and caused to be given legal sufficient and timely notice of said election and the time, place and purpose thereof; and WHEREAS, said City election was duly and legally held and conducted on November 7, 1978 pursuant to said call and to a legal notice duly given by publication in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication in said newspaper appearing on a date not less than 4 clear days nor more than 20 days prior to the date of said election, all in strict compliance with the law and the orders of said Council and the County Commissioner of Elections; and, the affirmative vote on said proposition being equal to more than 60% of the total vote cast for and against said proposition at said election; said proposition having been declared and at all times certified to have been duly adopted, no contest thereof having been made; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby found and determined that the various general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set forth; and -3- AHLERS. COONEY. DORWEILER. HAYNIE& SMITH. LAWYERS. DEG MOINES. IOWA S4S WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That in order to provide a fund to pay the principal and interest on the bonds hereinafter authorized to be issued and pursuant to the authority granted by Chapter 76 of the Code of Iowa, there is hereby levied a sufficient annual tax for the years 1979 to 1990, inclusive, said tax being in the following amounts, to -wit: YEAR OF LEVY AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION: 1979 $616,667 1980/1981 Fiscal Year 1980 $796,000 1981/1982 " 1981 $766,500 1982/1983 " 1982 $737,000 1983/1984 " 1983 $710,500 1984/1985 " 1984 $684,000 1985/1986 " 1985 $658,000 1986/1987 " 1986 $632,000 1987/1988 " 1987 $606,000 1988/1989 " 1988 $579,500 1989/1990 " 1989 $553,000 1990/1991 " 1990 $526,500 1991/1992 " (NOTE: Reference to "year of levy" is to the year of the assessed valuations against which the tax levy will be made. For example the 1979 levy will be made and certified in 1980, will be applicable to the taxable valuations of January 1, 1979, and will be collected during the fiscal year commencing July 1, 1980.) Section 2. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for said Municipality, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 1979 #1", which is hereby pledged for and shall be used only -4- AHLERS. COONEY. DORWEILER. HAYNIE 5 SMITH, LAWYERS. DES MOINES. IOWA 59(0 for the payment of the principal and interest of the bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph com- panies and other taxes assessed by the Iowa State Department of Revenue. ' Section 3. All moneys held in the Bond Fund, provided for by Section 2 of this Resolution shall be invested in direct obligations of the United States Government or deposited in banks which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one bank shall be continuously secured by a valid pledge of direct obligations of the United States Government having an equiva- lent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 4. That General Obligation Bonds of said City in the amount of $5,500,000 be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose; that said bonds be designated GENERAL OBLIGATION BOND", that they be 1,100 in number, dated May 1, 1979, and shall bear interest from the date thereof, until payment thereof, payable December 1, 1979 and semiannually thereafter on the lst day of June and December in each year until maturity at the rates hereinafter provided. Said bonds shall be signed by the Mayor and attested by the Clerk, and the seal of said City affixed, and certificate of registration endorsed thereon; that interest on said bonds be evidenced by coupons thereto attached and maturing on the several days when such interest matures; such interest coupons may be executed with the original or facsimile signature of the Clerk; that principal and interest be payable at the office of the Treasurer in said City; that said bonds be num- bered from 1 to 1,100, both numbers inclusive, and be in the denomination of $5,000 each. Said bonds shall mature in each year and bear interest as follows: -5- AHLERS, COONEY. DORWEILER, HAYN IE h SMITH. LAWYERN. DES MOINES, IOWA A 47 Bond Interest Principal Maturity Numbers Rate Amount (June 1st) 1 - 100 5.90% $500,000 1982 101 - 200 5.90% $500,000 1983 201 - 300 5.30% $500,000 1984 301 - 400 5.30% $500,000 1985 401 - 500 5.20% $500,000 1986 501 - 600 5.208 $500,000 1887 601 - 700 5.20` $500,000 1988 701 - 800 5.303 $500,000 1989 801 - 900 5.30% $500,000 1990 901 - 1,000 5.30% $500,000 1991 1,001 - 1,100 5.30% $500,000 1992 Section 5. That upon presentation at the office of the City Treasurer of any of said bonds, same may be registered as to principal in the name of the owner, on the books in the office of said official, such registration to be noted on the reverse side of the bonds by said official, and thereafter the principal of such registered bonds shall be payable only to the registered holder, his legal representatives or assigns. Such registered bonds shall be transferable to another registered holder, or back to bearer, only upon presentation to said official with a legal assignment duly acknowledged or proved. Registration of any such bonds shall not affect the negotiability of the coupons thereto attached, but such coupons shall be transferable by delivery merely. Section 6. That said bonds and the coupons annexed thereto, shall be in form substantially as follows: -6- AHLERS. GOONEY. DORWEILE R. HAYNIE &SMITH. LAWYERS, DES MOINES. IOWA (FORM OF BOND) UNITED STATES OF AMERICA STATE OF IOWA COUNTY OF JOHNSON CITY OF IOWA CITY GENERAL OBLIGATION BOND No. $5,000 The City of Iowa City, Iowa, herein referred to as the "City", for value received, promises to pay to bearer FIVE THOUSAND DOLLARS, lawful money of the United States of America, on the 1st day of June, 19 , with interest on said sum from the date hereof until paid at the rate of % per annum, payable on December 1, 1979, and semiannually thereafter on the 1st day of June and December in each year, on presentation and surrender of the interest coupons hereto attached, both principal and interest payable at the office of the Treasurer of Iowa City, Iowa. This bond is issued by the City of Iowa City, Iowa, pur- suant to the provisions of Section 384.28 of the City Code of Iowa, for the purpose of paying costs of the local share of the construction and design of sanitary sewers and treatment facilities; acquisition of land therefor and for street right of way; and the construction, reconstruction and repair of street, alley and sidewalk improvements, including without limitation improvements designated as the CBD Alley Project, Grand Avenue Widening, Sunset Street -Benton to Penfro, Scott Boulevard - Phase II, South Gilbert Street Improvement, CBD Streetscape - Phase II, Wastewater Treatment Facility and the River Corridor Trunk Sewer and acquiring, constructing and equipping a city public library, a corporate purpose in con- formity to a Resolution of the Council of said City duly passed and approved. This bond is fully negotiable but may be registered as to principal only in the name of the holder on the books of said City in the office of the Treasurer, such registration to be -7- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA endorsed by notation on the back hereof by said official, after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from said registration by being transferred to bearer, after which it shall be transferable by delivery but it may again be registered as before. The registration of this bond as to principal shall not restrain the negotiability of the coupons by delivery merely. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a suf- ficient continuing annual tax on all the taxable property within said City for the payment of the principal and interest of this bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of said City are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of said City including this bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, said City by its Council, has caused this bond to be signed by its Mayor and attested by its Clerk, with the seal of said City 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 said facsimile signature appearing on said coupons, all this lst day of May, 1979. ATTEST: er Mayor mm AHLERS. GOONEY. DORWEILER. HAYN IE 6 SMITH. LAWYERS. DEB MOINES. IOWA /M (FORM OF COUPON) The Treasurer of the City of Iowa City, Iowa, will pay to bearer $ on the 1st day of , 19 , at his office in the City of Iowa City, Iowa, for months' interest on its General Obligation Bond, dated May 1, 1979, No. ty Cler And on the back of each bond there shall be endorsed a certificate of the City Treasurer in the following form: (FORM OF CITY TREASURER'S CERTIFICATE) This bond has been duly and properly registered in my office as of the 1st day of May, 1979. City Treasurer of Iowa City, Iowa There shall also be printed on the back of the bonds the following form of registration: REGISTRATION OF OWNERSHIP Date of Signature of Registration In Whose Name Registered City Treasurer Section 7. That principal and interest coming due at any- time when the proceeds of said tax on hand shall be insuf- AHLERS, COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DEs MOINES, IOWA 4A/ ficient to pay the same shall be promptly paid when due from current funds of said City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. . Section 8. That this Resolution constitutes a contract between said City and the purchaser of the bonds; that when said bonds have been executed as aforesaid, they shall be delivered to the Treasurer of said City, who shall register the same in a book provided for that purpose and shall thereupon deliver said bonds to the purchaser thereof, as directed by the Council. Section 9. That a certified copy of this Resolution be filed with the County Auditor of Johnson County, Iowa, and that said Auditor be and he is hereby instructed in and for each of the years 1979 to 1990, both years inclusive, to levy and assess the tax hereby authorized in Section 1 of this Resolution, in like manner as other taxes are levied and assessed, and that such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of said Municipality are collected, and when collected be used for the purpose of paying principal and interest on said bonds issued in anticipation of said tax, and for no other purpose whatsoever. Section 10. That there be printed on the back of each bond herein authorized to be issued, a copy of the legal opinion of Ahlers, Cooney, Dorweiler, Haynie & Smith, Attorneys, of Des Moines, Iowa, under the certificate of the City Clerk certifying the same as being a true copy thereof, said certificate to bear the facsimile signature of said Clerk. Section 11. The City, as issuer, covenants that it will proceed with due diligence to expend the proceeds of the bonds for the purpose of issuance as recited herein and that no use will be made of the proceeds from the issuance and sale of the bonds issued hereunder which will cause any of the bonds to be classified as arbitrage bonds within the meaning of Section 103(c)(2) of the Internal Revenue Code of the United States and that throughout the term of said bonds it will comply with the requirements of said statute and regulations issued thereunder. Pursuant to said statute and regulations, it is hereby certified that the issuer reasonably expects that: -10- AHLERS. COONEY, DORWEILER. HAYN IE 6 SMITH, LAWYERS. DEB MOINES. IOWA 6ai (a) The issuer within six months will have incurred substantial binding obligations to commence or acquire the project to be financed hereby. (b) The original proceeds of the bonds issued hereunder will not exceed the costs of said project by more than five percent. (c) At least 858 of the spendable proceeds of the bonds, including investment proceeds, will be expended to pay the cost of the project within three years following the date of the bonds. (d) Work on the project is expected to be commenced following the incurrance of the substantial binding obli- gation referred to in (a) above, and to proceed thereafter with due diligence to completion. (e) The project has not been and is not expected to be sold or otherwise disposed of in whole or in part prior to the maturity of the bonds. (f) Accrued interest received upon the sale of the bonds will be applied to the first interest due thereon. (g) Any temporary notes issued in anticipation of the bonds will be retired coincidently with the date of issue of the bonds and at all events within three months thereof. To the best knowledge and belief of the issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the bonds will be used in a manner that would cause the bonds to be arbitrage bonds. The Treasurer is hereby directed to deliver a certificate at issuance of the bonds to certify as to the reasonable expectation of the issuer at that date. Section 12. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. -11- AHLERS, GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DEB MOINES. IOWA 663 Section 13. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 24th day of April r 1979. / Mayor ATTEST: Clerk % -12- AHL[RS. GOON[Y. DORW[ILEx. HAYNIE i SMITH. LAWY[Rs. DEE MOINES. IOWA 6p0tl f I RESOLUTION NO. 79-1R 2 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SFRVTCF RUIIOING _ SANITARY SEWER EXTENSION 1979 ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH HID, 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 $1 600.00 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 23rd day of May , 1979. 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 saia bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 29th day of May 1 1919. Rrcelvnd & Approvad By The Legal Department a ' Page 2 Resolution No. 79-182 It was moved by Balmer and seconded byE__ rda'_ that the Resolution as rea d—b afOpte�, and upon roll ca�t erre were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x Passed and approved this NEUHAUSER PERRET ROBERTS VEVERA 1st day of May , 1979. MAYOR ATTEST: 24-4-teg- Bleu _ GE'PUTY'CITY CLERK /�D6 RESOLUTION NO. 79-183 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 82-1b WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS," the City Council has, under the terms of the land disposition agree- ment, reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS, North Bay Construction, Inc. has submitted preliminary design plans for the redevelopment of Parcel(s) 82-1b in the Iowa City Urban Renewal Project; and, WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by North Bay Construction, Inc. for the redevelopment of Parcel(s) 82-1b are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. It was moved by Perret and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 1st day of May 1979. ATTEST: xcky' City Clerk r� Mayor REG&IVED R APPROVT-D BY TEE LEGAL IE: 1.i'Ik"?RT 6a7 ATTACHMENT A TO RESOLUTION N0. 79-183 The approval of the preliminary design plans for the redevelopment of Parcel(s) 82-1b submitted by North Bay Construction, Inc. as set forth in Resolution No. 79-183 —,.dated May 1 , 19_]9__, is hereby made subject to the following conditions or reservations. REM Ga Or, RESOLUTION NO. 79-184 RESOLUTION AU7110RIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP CERTAIN URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City Clerk is hereby authorized and directed to publish Notice of Intent to Accept Proposal to Purchase and Redevelop Certain Urban Renewal Property, a copy of which notice is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to place on file and maintain for public inspection the Resolution, Agreement, and Proposal referenced in said notice. The Resolution and Agreement referenced in said notice are attached hereto and hereby incorporated herein. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this lst day of May , 1979. 12 Mayor ATTEST: �.cCLi l. B�f/� ��a `i AY THI. 111;,: City ClerK — 66Q !V I L � r iris NOTICE OF SALE OF LAND Notice is hereby given that the City of Iowa City, Iowa, acting pursuant to Chapter 403 of the 1977 Code of Iowa, undertaking an Urban Renewal Project (said project bounded by Washington Street on the North, Linn Street on the East, Court Street on the South, and an irregular boundary including the Iowa River, Front Street, and Capitol Street on the hest, all in Iowa City, Iowa) intends to accept a proposal and enter into a contract for sale of land for private redevelopment for the following described real property in said Urban Renewal Area with the redeveloper identified below: Parcel Number Redeveloper 82-1b North Bay Construction, Inc. A copy of the proposal submitted, the Redeveloper's Statement for Public Disclosure which sets forth the name of the redeveloper; the names of its officers, principal members, and other parties having an interest of ten percent or more; and a copy of the Contract for Sale of Land for Private Redevelopment have been filed in the Office of the City Clerk, 410 East Washington Street, Iowa City, Iowa. Said documents are available for public examination from 8:00 a.m. until 5:00 p.m. Monday through Friday. , Persons wishing to review the agreement prior to the execution thereof and conveyance of a deed to the above described redeveloper may do so until June 5, 1979. Thereafter the City Council of Iowa City, Iowa, will consider execution of the proposed agreement. Dated this 2nd day of May, 1979. ABBIE STOLFUS City Clerk bid RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I,'Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City*is now desirous of selling disposition Parcel 82-1b to North Bay Construction Inc NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between North Bay Construction, Inc. and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Disposition arce 82 -1b ' Pas more particularly described in said contract. Upon execution.of the contract by the City and North Bay Con do ' the City Manager is authorized and directed to prepare a eed for said property and deliver the deed to North Bay Construction Inc. upon'receipt of payment for said property. It was moved by and seconded by that the Resolution as read be adopted and upon roll call there were: -2 - AYES: NAYS: ABSENT: Balmer deProsse Eidahl Neuhauser Perret Roberts Vevera Passed and approved this day of ATTEST: City Clerk 1979. RECEIVED & ApppnVED BY THE LOCAL i.Ei?�;MLTNT Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between NORTH BAY CONSTRUCTION, INC. and The City of Iowa City, Iowa 613 CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part I1 annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the day of , 19 , by and between the City of Iowa City, Iowa, a public body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and North Bay Construction, Inc., a corporation organized and existing under the laws of the State of Iowa (hereinafter called "Redeveloper") and having an office for the transaction of business at 919 Talwrn Court in the City of Iowa City , County of Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Arca") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and mode a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accurdance with the uses specified in the Urban Renewal Plan and hi accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule B, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to t e property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. (b) Time and Place for Deliver of Deeds. The City shall deliver the Dee and possession of the property to the Redeveloper upon payment of the purcha,;v price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal oi'fice of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recordation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the property amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delivery of Property. The City will deliver the property described in Schedule A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Rede- veloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Rede- veloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper, It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or 14 inability to deliver land to the Redeveloper as called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default by Redeveloper. In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of five thousand ($5,000) Dollars, (ten percent (10%) of the purchase price), in which the City is the obligee, issued by N/A a surety company regularly engaged in the issuance of such under takings and on the list of surety companies approved by the United States Treasury for at least such amount, or case, or a certified check satisfactory to the City in the amount of five thousand ($5,000) Dollars, herein- after called "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in Sections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. � /7 (d) Return to Rcdoveloier. Upon termination of the Agreement as provided in Section 702 of Part 11 hereof, the Deposit shall be returned to the Rodeveloper by the City as provided in Section 702 of Part I1 hereof. SECTION 4. TIME 1011 COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (to be submitted by Developer with his proposal). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION S. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall submit Preliminary Design Plans as called for in Section 301 of Part II of this Agreement as soon as possible. a€l:er-the-time-€sr-seaveyaaso-cot-forth-in_Schedule_C_hereof, and-skabb-sa)pmt-sasH-gbaAs-in-nc-auont-lztar_thzn_--_-___--_ --------------- (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement. The Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENTANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. 4/Y SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 919 Talwrn Court Iowa City. Iowa 52240 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. ADDED PROVISIONS A. Except as set forth in Schedule B of Part I of this Agreement, in the event the City determines within a period of five years from the execution of this contract to sell all or any portion of the West half of the Dubuque Street right-of-way between College Street on the North and the alley of Block 82 on the South, the Redeveloper shall be granted the first option to purchase said real estate at its then appraised value as submitted by a designated MAI appraiser and mutually agreeable to the City and the Redeveloper. The option granted herein shall expire unless sooner exercised by the Redeveloper within a period of 90 days following notification to the Re4eveloper of the purchase price as determined by the appraisal and the purchase price shall be paid in cash or by contract as the City shall determine within a reasonable time after examination of the Abstract of Title. /9 B. The City agrees that it will not construct or permit the construction of any improvement above ground level except plant materials or furniture or fixtures installed as part of City Plaza, within twenty feet of the original boundary line of Parcel 82-1b, on the Dubuque Street right-of-way. C. The City shall, upon request by the Redeveloper, review construction plans for consistency with the preliminary design plans. If it is determined that the plans are not consistent, the City shall re- view and approve the changes in accordance with Section 301 of Part II hereof. D. The City shall,in addition to the procedures called for in Section 7 of Part I hereof, provide copies of all such notices or demands to any third party designated in writing by the Redeveloper. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. 610 ATTEST: CITY CLERK ATTEST: SECRETARY BY: CITY OF IOWA CITY, IOWA MAYOR REDEVELOPER BY: PRESIDENT $ F, ECEIVM .By �PPROV I? CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF On this day of County of President, and Treasurer, of :ss A.D., 19 , before me a Notary Public, in and for the State of Iowa, Secretary or the Corpor- ation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President, and Secretary or Treasurer, of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (Said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the excution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of My Commission expires 6a�- SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: The east 38.50 feet of Lot 1, Block 82, Except, Commencing at a point 30 feet west of the northeast corner of said Lot 1, thence east 30 feet, thence south 30 feet, thence northwest to the point of beginning, all in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. l a3 SCHEDULE B PRICE OFFERED PARCEL NO. 82-1b PRICE $50,000 �aY SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. 82-1b DATE Upon request of the Redeveloper, but not more than six months after execution of this agreement. SCHEDULE D Improvements of the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 82-1b 120 days after Within one year after start the date of of construction, subject to conveyance. delays beyond the control of the Redeveloper as set forth in Section 708 of Part II of this Agreement. Z PART II OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between NORTH BAY CONSTRUCTION, INC. and The City of Iowa City, Iowa ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, re Fatingto buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as result of the demolition of such buildings or structures shall belong to the City. SECTION 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, wit out expense to t e Re eve oper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer- or eveloperor the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. ON 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS 6Y REDEVELOPER. The Redeveloper hereby waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shal I not construct any buil1315, or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 130 SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to make any c anges in t e pre iminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part 1 hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the P,ede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeve'oper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. ARTIC,, V. RESTRICTIONS UPON USE OF ..._PERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, an&its successorss anisigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. SECTION 402 BINDING UPON SUCCESSORS IN PERIOD OF DURATION. intended and agreed, and the Ueea snail so expressly prove - that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 X33 subdivision of Section 401 hereof shall r n in effect without limizazion as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 63�4 involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For t e foregoing reasons, t e Re eve aper agrees for it e , and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF EEMENT. Also, for t e foregoing reasons the Redeve aper represents agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 6,�5 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit pri to the issuance of the certifi . of completion as set Torth in Section 306 of this Agr.__, nt. The City shall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal'Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of tI : purposes of tis Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 G37 ARTICLE VI. MORTGAGE FINANCING; RIGHTS Or riJRTGAGEES ON 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the comp etion of t e mprovements, as cern ie y the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other trans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, inc u ing but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provi'si n of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements profided or permitted in the Urban Renewal Plan and in the Agreement. II -11 6 3 P ON 603. CO1T uF NOTICE OF DEFAULT TO MORTGA(.__. Whenever the City shall deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. TION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referre to in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPEKIY. In any case, where, su sequent to default or breach by t e Re e- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or II -12 K39 (b) undertdKes construction or completion 01 gyne Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obliqations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien ofincluding any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage' shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition fired by such mortgage or deed :rust, including, but not limiteu Lo, the Federal Housing Commis.,+er, the Admin- istrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in t e event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated,provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. ECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANC that prior to conveyance of the Property to t e In the event eveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 Deposit or any portion thereof may be retainea Dy the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or- assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEQUENT TO CONVEYANCE TO REDEVELOPER. In tie event that subsequent to conveyance of the Property or any part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or iiaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that su,.- title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall ndt defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. ON 705. RESALE OF REAC UIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property an any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title 11-16 � `�,? thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. The City Shall t have the rig to institute suc actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. I I-1 7 615 `7 ` SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. S-- hound at any time prior to the conveyance of titre to any Property under this Agreement, the City of Iowa City, Iowa be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, ne ti her the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 WSJ SECTION 710. PARTY IN POSITION OF RESPE T The Redeveloper, for itse f and its successors and assigns, and To all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID UALLY LIABLE. No member, official, or employee OT t e ity s a l have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. E UAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse an its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. 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 compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 6 5/� (c) The Reaeveloper will send to each labor ion or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandinn, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper 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. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper 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 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, 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, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes invcTve� in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the D9part- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. 11 -20 /s �/ rI- SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of t e greement are intende to or s a 1 be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Arficles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 11-21 (4 y- cd RESOLUTION NO. 79-185 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A RENEWAL AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND THE CITY OF IOWA CITY FOR ELDERLY AND HANDICAPPED TRANSPORTATION SERVICE. WHEREAS, the parties hereto wish to renew their agreement for transit services, and WHEREAS, the parties desire to implement a proposal for elderly and handicapped transportation service, Iowa City-Coralville- University Heights metropolitan area, fiscal 1980. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City that the Mayor be authorized to sign and the City Clerk to attest an agreement for transit services. It was moved by deProsse and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser _ x Perret x Roberts x Vevera Passed and approved this 1st day of May, 1979. MAYOR ATTEST: CITY CLFRK j RECTIvFD A 0PR0V?D BY SEL' iXGAL :,tl11,T YI, 4601 SECOND 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 cor- porations. 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; and Whereas, the parties to this renewal desire to implement a Pro- posal for Elderly and Handicapped Transportation Service, Iowa City- Coralville-University Heights Metropolitan Area, Fiscal Year 1980, which proposal is attached hereto as Exhibit "A" and by this re- ference made a part hereof; Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The second renewal term of this agreement shall commence July 1, 1979, and continue for one year through and including June 30, 1980. 2. Paragraph 4(A) of the original agreement, as amended, is further amended by deleting the term "74" in line three and sub- stituting therefore the term "64". 3. Paragraph 4(C) of the original agreement is amended by de- leting the entire language thereof and substituting the following: "C. The County shall request a 501 one-way donation to help defray operating costs for the following year; 6.5-0 -z - in the event this agreement is not renewed for future years, Johnson County will pay all accrued donations received during fiscal 1980 to the City of Iowa City. 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein pro- vided, the City of Iowa City agrees to pay to Johnson County the sum of $37,655.07, less accrued donations as of June 30, 1979, for the one-year period covered by this contract. 5. In all other respects, the original agreement 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 /Q.t" day of tG , 1979. CITY OF IOWA CITY, IOWA JOHNSON COUNTY, IOWA BY:�(szi� ..�i c't�t/ BY:)2Ic:,? Rost Vevera Don Sei C airman Mayor Board of Supervisors Attest: Attest: vrn a ap-R° Tex RESOLUTION NO. 79-186 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Securities Bldg. Corp. dba/ Long John Silver's, 1940 Lower Muscatine Rd. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roIcall there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of May 19 79 Mayor Attest: �!i ! C • c r. i City Clerk 45":2 RESOLUTION NO. 79-187 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Securities Bldg. Corp. dba/Long John Silver's, 1940 Lower Muscatine Rd. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser Perret Roberts x Vevera x Passed and approved this 19 79 ABSENT: 0 x 8th day of May , Mayor "1 Attest: City Clerk 6 S.3 >> RESOLUTION NO. 79-18 79- 79 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvecfor the following named person or persons at the following described location: John S. Mummey, Inc. dba/Mumm's Saloon and Eatery, 21 W. Benton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Roberts that the Resolution as rete adopted, and upon rod ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 8th day of May , 19 79 Mayor Attest: City Clerk r BEST . BOCEMD ENT AVAILABLE RESOLUTION NO. 79-189 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR PROCTER AND GAMBLE MANUFACTURING COMPANY WHEREAS, the owner, Procter & Gamble Manufacty Co., has filed with the City Clerk of Iowa City, Iowa, an app ca on or approval for a large scale non-residential development for the following described premised 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 66 degrees and 23 minutes west 588.8 feet to the center of the Muscatine road, thence south 43 degrees, 17 minutes can 7117 feet, thence along the center of said road to the place of beginning. AND Comma ncing at a point on the East line of Section 23, Township 79 North, Range 6 West of the 50 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 degrees and 21-1/2 minute, West 1018.6 feet to the center of Muscatine Road; thence South 43 degrees and 17 minutes East along the canter of said Muscatine Road 594 feet; thence North 66 degrees and 23 minutes East 588.8 feet to beginning, containing ten (10) aerL, more or less. AND A tract of land located in the E 1/2 of the NW 1/4 of Sec. 24, Township 79 N, Range 6 W, of the 5th P.M., more particularly described as folla•is: Commencing at the NW corner of said E 1/2 of the NW 1/4; thence on an assumed hearing due South along the West line of said E 1/2 of the NW 1/4 1309.91, 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 10 36' 50" East 519.60 feet to a 356.97 fool curve. concave Westerly; thence Northerly along said curve 295.59 feet to the Southerly right-of-way line of the Chicago, Rock Island L Pacific Railroad; thence North 62° 25' 00" West 31.43 feet to the North line of said E 1/2 of the NW 1/4 thence South 88° 24' 20" West 217.58 feet along said North line to the point of beginning. Also all that part of the E 1/2 of the. SW 1/4 of Sec. 13, Taanship 79 N, Range 6 W of the 5th P.M. lying South of the Chicago, Rock Island L Pacific Railrudd right-of-way Resolution No. 79-189 Page 2 AND F, )(3OCU! it:,T AVAILABLE All that part of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 24, lying north of the Wyominq Road, now known as the Lower Muscatine Road, except one and one half (1-1/2) acres more or less in the southeast corner thereof described as: Commencing where the Northeasterly line of the Lower Muscatine Road intersects the cast line of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of said Sect. 24, thence Northwesterly along said road 315 feet, thence North 290 24' East 500 feet to the cast line of the West half (W 1/2) of the Northwest Quarter (111 1/4) of said Section 24, thence South to the place of beginning, so as to make one and one-half (1-1/2) acres. Also except the following tract, to -wit: Commencing at the Northwest corner of said Sec. 24, running thence east along the north section line of said Section 24, 200 feet; thence south 28 degrees and no minutes 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 Sec. 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 dedications 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. WHEREAS; said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. 1-a Resolution No. 79-169 Page 3 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 6th day of May 19 79 It was moved by �BalWer and seconded by Rb rt that the Resolution as reacted, and upon roll ca dere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA ., ., MAYOR ATTEST: CLERKCITY Received & Approved By The Legal Department RESOLUTION NO. 79-190 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT AND PLAT OF WALDENWOOD, PART 1 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary planned area development and plat of Waldenwood, Part 1, be hereby granted. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: x x x x x ABSENT: BALMER dePROSSE ERDAHL x NEUHAUSER x PERRET ROBERTS VEVERA Passed and approved this _8th day of May , 1979. ATTEST:CITY CLERK l! L--, [.�L�y'•r'-moi✓i MAYOR v f RESOLUTION NO. 79-191 RESOLUTION ACCEPTING PRELIMINARY PLANNED AREA DEVELOPMENT AND PLAT OF PEPPERWOOD, PART 3-7 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary planned area development and plat of Pepperwood, Part 3-7, be approved subject to the following contingencies: 1) receipt prior to submission of the final plat of an agreement relating to the development of Keokuk Street and the flowage way west of Keokuk Street, and 2) deletion from the PAD plan of the structural design similar to those shown on Lots 96 & 97 of the preliminary plan. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 8th day of May , 1979. MAYOR ATTEST: CITY & By TFe Leal Qe;:a:2n nt �S9 d Iowa a place to grow May 15, 1979 STATE OF IOWA CITY DEVELOPMENT BOARD 523 EAST TWELFTH STREET • DES MOINES, IOWA 50319 515 / 281-5941 Abbie Stolfus City Clerk City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Ms. Stolfus: This letter is to acknowledge receipt of documents pertaining to a voluntary annexation of territory to the City of Iowa City as per City Council Resolution No. 79-192. Izo.1, & SHARON NAIL, Chairperson PAUL BERGER. Member THOMAS POGUE, Member The City Development Board has reviewed the annexation and finds it to be in conformance with Section 368.7 of the Code. As required by Section 368.7, as amended by Chapter 114, Acts of the 67th General Assembly, the City of Iowa City must file copies of the annexation resolution, legal description, and a map of the annexed territory with the following: 1. Johnson County Recorder 2. Secretary of State State Capitol Des Moines, Iowa 50319 3. Lee C. Benfield Iowa Department of Transportation 430 16th Ave. S.W. Cedar Rapids, IA 52400 If further clarification is needed, please contact the Board at (515) 281-5941. Sincerely, � � / A&--.0/ C�����C Michael Miller City Development Board Administrator MM/cs mAY 171979 ABB CI Y CLERK ,,�CMC RESOLUTION NO 79-192 RESOLUTION ANNEXING CERTAIN DESCRIBED REAL ESTATE TO THE CITY OF IOWA CITY, IOWA, AND REPEATING RESOLUTION 79-8. WHEREAS, on the 9th day of January, 1979, the City Council passed Resolution 79-8 annexing real estate de- scribed therein to the City of Iowa City, Iowa, and WHEREAS, Ty'n Cae, Inc. and Edward W. Thomas and Kathryn Thomas have filed an Amended and Substituted Petition to Annex the following described real estate to the City of Iowa City, Iowa, to -wit: The Northeast Quarter (NE,) of the Northwest Quarter (NW',,) of Section 20, Township 79 North, Range 6 West of the 5th P.M., Johnson County, Iowa, EXCEPT the South 135 feet of the West 323 feet of the North 40 acres of the North- east Quarter (NE,) Northwest Quarter (NW4), Section 20, Township 79 North, Range 6 West of the 5th P.M., and except the West 33 feet thereof. WHEREAS, it appears that a portion of the real estate described in Resolution 79-8 was not owned by the Petitioners, and WHEREAS, the Council deems it appropriate to repeal Resolution 79-8 and to annex only that area described above, and WHEREAS, the Planning and Zoning Commission has recom- mended that the Council annex the real estate described in the amended and substituted petition to annex, and WHEREAS, said real estate is not located within the urbanized area of any other City except the City of Iowa City, and WHEREAS, the City Council deems it in the public interest to annex said real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Resolution 79-8 annexing certain described real estate to the City of Iowa City is hereby repealed. 2. That the above described real estate is hereby annexed to the City of Iowa City. CITY CU -_RX (3) _r CITY CU -_RX (3) Res. No. 79-192 3. That Lhe Mayor and directed Lo certify a map of the real estate relationship to the City Development Board. - 2 - and City Clerk are hereby authorized a copy of this resolution, along with involved showing its location in of Iowa City, Iowa, to the City 4. That the Mayor and City Clerk are hereby authorized Lo sign this resolution. 1L war moved by Roberts and seconded by Balmer that Lhe resoluLion as rea-d-S-e adopted, and upon roll c�T— there were: AYES: NAYS: ABSENT: X BALMER X dePROSSE _X_ ERDAHL X NEUHAUSER —X— __ PERRETT _ ROBERTS _X_ VEVERA Passed and approved this 8th day of May , 1979. MAYOR ATTEST: C TY CLERK STATE OF IOWA ) ) ss: JOHNSON COUNTY ) We, Lhe undersigned, Clerk and Mayor of the City of Iowa Gil -y, Iowa, do hereby certify that the foregoing Resolution is a Lrue and exact copy of the Resolution adopted by the City Council of Cho City of Iowa City, Iowa, at a regular meeting held on the 8th day of May 1979. MAYOR ATTEST: CITY CLERK LOCATION PhAt" r N l.. J7 -Y/ -- 31 _____ _F •'r r.,.r .__ ''� 'ice C nl LL J C I l; �• V 1 c v h 1 `ir G W jj\III I 4 .. t�n7..✓ C: ;}:,�:�;: Lj�'11 LAE• - EXISTING CORP. LINE __• PROPOSED ANNEXATION ,v i�• iy SE�zo�-------- AND REZONING R I B /9 - ------ ------.�{�-------- -------...�� ----- 21 ...e�.a�..w^wwo>�wc-s �w•.csa..a..�a:�c-nsvzaw�s�Ir W 6t•a�ynPw��wJ�wa �RMf���wno...awsal�Yl�v� A' _� RESOLUTION NO. 79-193 RESOLUTION AUTHORIZING A TRANSFER OF INTEREST IN URBAN RENEWAL PARCELS 83-1 AND 84-1 WHEREAS, the City of Iowa City, Iowa, and Old Capitol Associates, a joint venture, did enter into a contract for 'the sale of land for private redevelopment on February 7, 1978, which contract has been recorded with the Recorder of Johnson County in Book 524, p. 75, and, WHEREAS, Section 502 of said contracts prohibits transfer of control or ownership of the land without the approval of the City prior to the issuance of a certificate of completion, and, WHEREAS, Old Capitol Associates, as a means of obtaining investment capital, wishes to transfer its rights pursuant to the above mentioned contract to Old Capitol Center Partners, a joint venture, and, WHEREAS, the City Council of Iowa City wishes to approve this transfer subject to certain terms and conditions as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest the approval of sale contained in the attached real estate contract, which approval of sale shall constitute written approval of the transfer as called for in Section 502 of the contract dated February 7, 1978, said approval being subject to and expressly conditioned upon the following: 1. This approval is given with the understanding that Old Capitol Center Partners will be able to raise the equity requirements necessary to construct the improvements called for in the redevelopment contract by July 31, 1979, and if said equity requirements are not met either by sale of partnership units, loans, or other sources of funds by said date, the City Council may thereafter by resolution revoke this approval. 2. This approval shall not constitute approval by the City Council of any of the terms and conditions of any investment security to be offered by Old Capitol Center Partners or any of the participants in Old Capitol Center Partners. 3. This approval shall not constitute any waiver by the City of any rights it has pursuant to the February 7, 1978 redevelopment contract, specifically shall not be considered a waiver of time schedules for purchase of land or construction of improvements called for in the contract. a Res. No. 79- E 4. Nothing in this approval shall be considered as a waiver by the City of the obligations of Old Capitol Associates or the participants in Old Capitol Associates, the Old Capitol Business Center Company and Meadowlink, Inc., to the City of Iowa City under the redevelopment contract of February 7, 1978. It was moved by deProsse and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts _x Vevera vassed and approved this 8th day o ATTEST:i.i Z- �' C Y CLERK z f May 1979. MAYOR REAL ESTATE CONTRACT IT IS AGREED THIS 9th day of May, 1979, by and between OLD CAPITOL ASSOCIATES, an Iowa joint venture, Seller, and OLD CAPITOL CENTER PARTNERS, an Iowa joint venture, Developer: W I T N E S S E T H: WHEREAS, The City of Iowa City is engaged in carrying out an urban renewal project known as the "City -University Project I, Urban Renewal Project No. Iowa R-14" hereinafter called the "Project", and WHEREAS, The City of Iowa City has prepared and adopted an Urban Renewal Plan for the Project (which plan as now or hereafter amended from time to time pursuant to law, shall hereinafter be referred to as the "Urban Renewal Plan"), and WHEREAS, The Urban Renewal Plan has been recorded among the land records in the Office of the Johnson County Recorder in Book 490 at Page 408 and has been filed in the Office of the Clerk of City located at the Civic Center in Iowa City, and WHEREAS, The City of Iowa City and Old Capitol Associates believe that the fulfillment generally of the Urban Renewal Plan is in the vital and best interests of the City and the health, safety, morals and welfare of the residents, and WHEREAS, An Agreement between the City of Iowa City and Old Capitol Associates was executed on the 7th day of February, 1978, for the purpose of setting forth the terms and conditions under which the City of Iowa City would sell certain land to Old Capitol Associates, and WHEREAS, In furtherance of the Urban Renewal Plan, the parties hereto have entered into this Real Estate Contract, and WHEREAS, Old Capitol Associates desires to sell and Old Capitol Center Partners desires to purchase certain real property to be improved located in the project area and more particularly described below, NOW THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Seller agrees to sell and convey to the Developer, and the Developer agrees to pay for the following -described real estate located in Johnson County, Iowa, to -wit: All of Block 84 and part of Block 83, Iowa City, Iowa more specifically described in Schedule A attached hereto, e6S -2 - together with any easements and servient estates appurtenant thereto, upon the following terms and conditions: 1. PURCHASE PRICE. The total purchase price for said property shall be the sum of Six Hundred Thirty -Three Thousand Eighty -Nine Dollars ($633,089.00), payable to the Seller at 200 Plaza Centre One, Iowa City, Iowa on the date Seller pays the City of Iowa City for the land. 2. TAXES. Seller agrees to pay all unpaid taxes against the property due or to become due and payable for the period ending on the date of possession and Developer shall pay all subsequent taxes. 3. POSSESSION. The Developer, concurrent with due perfor- mance on the Developer's part, shall be entitled to possession of said premises on the date of closing under paragraph 1 hereof. 4. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. The failure of Seller to assert its rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 5. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this Contract, shall be without reservations or qualifications, except: a. zoning Ordinances; b. Such restrictive covenants as may be shown of record; C. Easements of record, if any; d. As limited by the provisions of this Contract; e. All terms and conditions of the Urban Renewal Contract for the sale of land for Private Development with the City and all amendments thereto now or which may here- after become effective; f. A covenant not to discriminate upon the basis of race, creed, color or national origin in the sale, lease or rental or in the use or occupancy of the property. 6. DEED AND ABSTRACT. Upon full payment by the Developer of the amounts to be paid by it under this Agreement and upon full performance of all of the agreements to be performed by it, the Seller agrees to execute and deliver a Special Warranty Deed, conveying the real property herein described to the.Developer, free and clear of all liens and encumbrances except as otherwise expressly agreed to herein and the Seller further agrees to concurrently deliver to the Developer, an abstract of title, for said real estate, showing merchantable title in it, in accordance with the Iowa Title Standards and in conformity with the provisions of this Contract. The Seller shall deliver the abstract of title to the Developer for examination within a reasonable time after the execution of this Agreement and after the abstract has been -3- accepted and approved by the Developer, the Seller shall not be required to make any further continuation or corrections thereof, except for entries resulting from the acts or omissions of the Seller. 7. ASSIGNMENT. This Contract shall not be assigned'by either of the parties before the certificate of completion covering the improvements is issued by the Urban Renewal Agency. 8. CONSTRUCTION OF IMPROVEMENTS AND OPERATION OF THE PROPERTY. Developer shall do all things necessary to construct the improvements on the real estate and to operate the property in conformity with the Urban Renewal Contract including but not limited to development of the site plan, design of the building and other improvements, preparation of plans and specifications, preparation of the site, obtaining equity and mortgage financing, construction of the building and other improvements, interior and exterior finish work, leasing the property and providing the necessary management services to operate the property. The City of Iowa City shall be considered by the parties hereto to be a third party beneficiary of the obligations and commitments of the Developer hereunder. All costs and expenses in connection therewith shall be borne by the Developer. The Developer shall further indemnify and hold harmless the Seller from all costs, liabilities, claims and damages or expenses due to or arising out of any work done by, or act of neglect or omission of the Deve- loper or its servants, employees, agents, contractors, invitees or licensees in and about the property or in connection with the operation thereof or due to or arising out of any breach by the Developer of any provision of this Agreement. 9. ATTORNEYS' FEES. In case of any action or proceedings in any court to collect any sums payable or secured herein, or to protect the lien or title herein of Seller, or in any other case permitted by law in which attorneys' fees may be collected from Developer or imposed upon it or upon the above-described real estate, Developer agrees to pay reasonable attorneys' fees. 10. SELLER'S OBLIGATIONS UNDER THE CONTRACT WITH THE CITY. No provision of this Agreement relieves the Seller of its obli- gation to the City to cause the construction of the improvements on this parcel of the land or from any of its other obligations under the Contract. 11. EQUAL EMPLOYMENT OPPORTUNITY. During the construction of the improvements to the real estate under this Agreement, both the Seller and Developer shall comply with all applicable provi- sions of Section 8.02, Part II of the Urban Renewal Contract. 6�� -4- 12. APPROVAL BY CITY. This agreement is subject to the written approval of the City of Iowa City and shall be null and void unless such approval is endorsed hereon. OLD CAPITOL ASSOCIATES OLD CAPITOL CENTER PARTNERS, a,joint venture partnership By Old Capitol Business Center Company (an Iowa By: MEADOW INK, INCORPORATED, a Limited Partnership) joint V ntureirtner A Partner \�}\� By: By; President Wil eda Hieronymus P ident, Hieron, Inc., an Iowa corporation By: OLD CAPITOL LIMITED PARTNERSHIP, a joint venture partner By: 11'2.E:' :o BY Jay Oehler, President Investments Incorporated, an Iowa corporation . By Meadow Link, Incorporated, an ndiana corporation, A Par er By: Ivan 11immel, President OLD CAPITOL BUSINESS CENTER COMPANY, General Partner By: HIERON, INC., General Partner By: Pr ident By: INVESTMENTS INCORPORATED, General Partner By: F'�' L CDL", -4 President By: OLD CAPITOL BUSINESS CENTER COMPANY, a joint venture partner By: HIEROO/N, INC., General Partner By Ppesident By: INVESTMENTS INCORPORATED, General Partner By: � e` —1�i President RIM STATE OF IOWA ) -5 ) ss. JOHNSON COUNTY ) On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Wilfreda Hieronymus, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that she is the President of HIERON, INC. (herein called "Hieron"), that Hieron is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Hieron, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Hieron, OCBCC and Old Capitol Associates by her,it and them voluntarily executed. My Commission Notary Public in and for the Expires: " , / ' n 'E' State of Iowa J STATE OF IOWA ) ) ss. JOHNSON COUNTY ) On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of INVESTMENTS INCORPORATED (herein called "Investments"), that Investments is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Investments, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Investments, OCBCC and Old Capitol Associates by him, it and them volun- tarily executed. ('4tZZ) (��ec�caCtea✓ My Commission Notary Public in and for the Expires: State of Iowa STATE OF IOWA ss. JOHNSON COUNTY On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Ivan Himmel (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of MEADOW LINK, INCORPORATED, an Indiana corporation (herein called "Corporation"), that the Corporation is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by the Corporation by Declarant; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of the Corporation and Old Capitol Associates by him and it volun- tarily executed. pp My Commiss'on Notary Public in and for the Expires ../ 12Z aro State of Iowa Z %,4' STATE OF IOWA ss. JOHNSON COUNTY -7- On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Wilfreda Hieronymus, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that she is the President of HIERON, INC. (herein called "Hieron"), that, Hieron is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is the General Partner of OLD CAPITOL LIMITED PARTNERSHIP (herein called "OCLP") a Joint Venture Partner of OLD CAPITOL CENTER PARTNERS, a Joint Venture Partnership (herein called "Old Capitol") and that OCBCC is also a Joint Venture Partner of Old Capitol and that the foregoing instru- ment was signed on behalf of Old Capitol by OCLP (by OCBCC) and by OCBCC as Joint Venture Partners by Hieron, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Hieron, OCBCC, OCLP and Old Capitol by her,it and them voluntarily executed. & -ce Cc ,4,Q[c%'cclPiz,� My Commission Notary Public in and for the Expires:,. ,? Qo State of Iowa STATE OF IOWA ss. JOHNSON COUNTY On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of INVESTMENTS INCORPORATED (herein called "Investments"), that Investments is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is the General Partner of OLD CAPITOL LIMITED PARTNERSHIP (herein called "OCLP") a Joint Venture Partner of OLD CAPITOL CENTER PARTNERS, a Joint Venture Partnership (herein called "Old Capitol") and that OCBCC is also a Joint Venture Partner of Old Capitol and that the foregoing instrument was signed on behalf of Old Capitol by OCLP (by OCBCC) and by OCBCC as Joint Venture Partners by Investments, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Investments, OCBCC, OCLP and Old Capitol by him, it and them voluntarily executed. My Commission Notary Public in and for the Expires:,./. 4G, /%id State of Iowa %V/f STATE OF IOWA ss. JOHNSON COUNTY �� On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Ivan Himmel (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of MEADOW LINK, INCORPORATED, an Indiana corporation (herein called "Corporation"), that the Corporation is a Joint Venture Partner of OLD CAPITOL CENTER PARTNERS, a Joint Venture Partnership (herein called "Old Capitol") and that the foregoing instrument was signed on behalf of Old Capitol by the Corporation by Declarant; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of the Corporation and Old Capitol by him and it volun- tarily executed. My Commission Expires: �nGC°.J �j �-c��urn�✓ Notary Public in and for the State of Iowa 6 70_R APPROVAL OF SALE Pursuant to Resolution No. 79-193 passed and adopted by the City Council on the 8th day of May, 1979, the City of Iowa City does hereby approve and consent to the sale of urban renewal parcel 84-1 and part of parcel 83-1 (more spe- cifically described in the attached Schedule A) by Old Capitol -Associates to Old Capitol Center Partners under the terms of the foregoing contract upon the express conditidn that the improvements to the land shall be constructed according to the construction plans and the construction schedule be approved by the City, and that Old Capitol Associates, and its participants, and Old Capitol Center Partners, and its participants, shall remain liable and responsible for the development of this property until the improvements are completed and the certificate of completion is issued and further this approval is given subject to the terms and conditions of the resolution identified above. IN WITNESS WHEREOF, on this 9th has caused this approval of sale name and behalf by its Mayor and affixed and attested by its City CITY OF IOWA CITY, STATE OF IOWA ss. JOHNSON COUNTY day of May, 1979, the City to be duly executed in its its seal to be hereunto duly Clerk. IOWA BY: !C IL cccC �ye s'G' MAYOR, n ATTEST: ,LI�CI��J-d �1 CITY CLERK On this 9th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Robert A. Vevera, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by vir- tue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. My Commission Notary Public In an /for the Expires: %- 30 - Vic) State of Ionia � 7ag o• LEGEND m N. 'W IMN ROO IFOUNDI �V 0 sye• DIANETCR IRON ROD (SLTI �, �''2 • CUT •A• (FOW. DI PROPENT[ LINE Y 1 Ytl< ko4. L- tR 1 I s I I 1 Mivtvw 1, Richard D. Encuela• rN'i.l... d ...I..., .M lana anw.ror SCHEDULE A in the state of loma, hereby Out faro that on August u, 19n. I euWervived a .arvcy of the following described pro,ectyl Oc9lnnln9 at Nu North cucarrot t Blockof Block Bt, trig Ilal Town. Iowa City, Johnson County. levaa. shown on plat r tided In iB J...... County 14toNer'A Or flee Boot 1. Pago 116, paid pole. being the intcrnectinn of the a is[inq floa[e[ly slant -of -ray lino of Cl roma Rerunc wrth theaesissing Southerly right. -of -way line of Washln4tun S[m0tl a 9 a thence ..in 527.60 Leet all, Said Niali., westerly right -e( -way i f line of Clinten Strict to a .,.c (this la n aaauird bear ln9 (or ? Y purwsca of IN,. Jeeer:pt ion unl ill +d eh.neo Ylot 341.09 font to a point of :ntcraeetfan With A lin. ° parallel with and to.....J In . •ln eterly direction 20.00 (.et perpendicularly from tbn existing Easterly right -of -ray line of Capitol Strcecl thence North 540.16 lost along said line parallel with and honred : . ta,reely nlrecelm 20.00 feet Orpeodicul.rly uthe c .ting ea army shin a -of -way line f capital Street to a pail of inter .. cion wish a line parallel With AM —...led In s :borthertY direction 20.00 feet perpeodieularlY from the esiatinq Southerly right -of -w., 11— of a.hi..... Street, thence South e9. 54' 20• East 210.00 feet along said line WNllel With and me aur Ed In a Northerly direction 20.00 B 5 1 feet f e'r,endi.. l a[ ly f[om In sa etloq Southerly [Iqn c -of -way • m line of Washington Street to a I,oinq H tnencu vouch o• os• 4.E woe. 20.80 feet co a Shine 3s ection with aid esla a n9 S`+utnerlY right-of-way line of Ilaah ln9tan Street; S J f tlwnee south e9. 54' 20• hat 111.93 feel along said calrtinq ]I a Southerly rLILt-uf-wY lino of Washington Street to the point of Mq:n...9l aM subject to casements of record. aM conta:ning 104.501 square feet o'. 0[ it... H In a voL as now monumentnu dna used, 1 find the present n t. differ froo he d, men,ions shown on fortune plate. descriptions.sand ccmveyanccs. wh,Eh account for one differences once on this plat• m i and located ho ,property thi linea. act or round monuments . at e0[neb O therm(, an .own on idle eand that this plat La correct, aM 6 IN e«o[a.n with said survey. D . , a , ,I •— frw Nw1VE-ATTERY 4 ASSOCIATES ` ' y. .IN AS NO B 6 BV Ey aW!. use -'.�S\,krR 0 R, aro D. Era.la � 2 -a'rff�,�ly,Re. sure] G...... m Ynd Serve" B i�i Subscribes Wlla o[n to Wfore me by Richard D. Fratnal.a this =NTD aay of 197a .. i NETES 1. ALL OIMNSIONS ARE IN FEET AND DECIMALS THE.RMOE. 1. ALL OIRENSIONS SIIWN ARE FIELD WCASURED UNLESS oT IL all -1. II)TLD DY Ill.. "Eye no 1pl. J. ADSTOACT NOT AVAIUOLE. _ LEGEND IMN ROO IFOUNDI �V 0 sye• DIANETCR IRON ROD (SLTI �, �''2 • CUT •A• (FOW. DI PROPENT[ LINE --- PLATTED PROPERTY LINE f EERTENSNE "I PUTTED DIMENSION (W= NCASORED 0111ZNSIW LCYT NUNDER r� mut 7gWnud �J /3P1� �.d p•sr"u•N ivy Nocar�c�5 to —__ 1I4 f07 p�a3 l/ ,S ,1 •` ,G . ., RESOLUTION TEIARILY CLOSING CAPITOL STREET FROM TIIE NORTH RIGIIT-OF-WAY LINE OF BURLINGTON STREET TO THE SOUTH RIGHT-OF-WAY LINE OF COLLEGE STREET WHEREAS, the Council finds it is necessary to temporarily close a portion of Capitol Street to facilitate the construction of the parking garage in Block 83. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that Capitol Street is hereby temporarily closed from the north right-of-way line of Burlington Street to the south right-of-way line of College Street. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: WORINWAM x Balmer x deprosse x Erdahl x Neuhauser x Perret x Roberts x vevera Passed and approved this 8th day of May , 1979. ATTEST: City Clerk Bx THI IXGAL 1:18 [ TNZNT RESOLUTION NO. 79-195 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO M17FEST AN AGREE. ENT TIIAT WILL PERMIT THE IOWA CITY HOUSING AUTHORITY TO MAKE HOUSING ASSISTANCE PAYMENTS ON BEHALF OF ELIGIBLE FAMILIES TO OWNERS OF PROPERTY LOCATED IN THE UNINCORPORATED AREAS OF JOHNSON COUNTY. WHEREAS, Chapter 103A of the Code of Iowa confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Johnson County wish to enter into an agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located in the Unincorporated Areas of Johnson County. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is hereby authorized to sign, and the City Clerk to attest, this agreement. - It was moved by deProsse and seconded by Perret that this Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perrot X Roberts X Vevera Passed and approved this 8th day of May 1979. Mayor ATTEST: C / / City Clerk $ECEIVED. & A -r l'^= BY -'THE LFGe WA- i X 7.2 AGREEMENT THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City, and The Johnson County Board of Supervisors, hereinafter called the County. WHEREAS, Chapter 403A of the Code of Iowa confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, Iowa City pursuant to Chapter 403A.S of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operating a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may he exercised and enjoyed jointly with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Johnson County wish to enter into an agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located in the Unincorporated Areas of Johnson County. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and the County as follows: 1. TERM - That the term of this agreement shall commence with the date of this agreement and shall continue unless terminated as provided herein. 2. TERMINATION - That this agreement may he terminated by either party giving notice to the other in writing as prescribed in this agreement 180 days in advance of the date of the proposed termination. 6 713 -2 - Upon receiving notice of termination, the Iowa City Housing Authority will make no new contracts for housing units. The termination date for all housing assistance units pre- viously contracted for shall coincide with the terms of the individual rental lease. 3. OPERATION - The Iowa City Housing Authority will administer the program in accordance with the rules and regulations established by the Department of Housing and Urban Development and the Annual Contribution Contract entered into between Iowa City and the Department of housing and Urban Development, a copy of which Annual Contribution Contract is attached hereto and made a part of this agreement. Nothing contained herein shall prevent the adoption of more stringent requirements by the County. The Iowa City Housing Authority is hereby granted the power to perform inspections of any dwelling unit in a housing project in order to ensure compliance with the housing quality standards established by the Department of Housing and Urban Development. This inspection may he performed by agents of Iowa City and a certification issued that the standards have been met. 4. COSTS - All costs incurred as a result of this program will he borne by the program as provided for in the Annual Contribution Contract. 5. NOTICES - All notices required by this agreement to he made to Iowa City shall he made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority, Civic Center, 410 E. (Washington Street, Iowa City; Iowa 52240. All notices re- quired by this agreement to he made to the County shall he made by mailing, by ordinary mail, a letter to Chairman, Johnson County Board of Supervisors, Court (louse, Iowa City, Iowa 52240. All notices shall be effective upon receipt by the addressee. Nothing contained in this paragraph shall prevent additional or other notice being given and giving notice which would exceed the requirements of this paragraph. 6. OBLIGATIONS NOT EXCUSED - This agreement does not relieve Iowa City or the County of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance thereof by the Iowa City Housing .Authority, said performance may he offered in satisfaction of the obligation or responsibility. .3- 7. FILING AND RECORDING - This agreement shall he filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. DATED This 'a4k—day of _ _ 1979. CITY OF IOWA CITY, IOWA By Mayor COUNTY OF JOHNSON COUNTY, IOWA By: � c� Chair an, BoArd of Sup rvisors ATTEST: " l lel �L ,� I Lq- , sd-� A'I"I E --- .City Clerk di or 6 7s i RESOLUTION NO. 79-196 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF BOYRUM STREET CONNECTION WITH _HIGHWAY 6 BYPASS PAVING & STORM SEWER PROJECT - nTVTSTnN T - Tn NnRMnYIF-RFRG R ASCnrTATFS_ TNC WHEREAS, Normoyle-Berg & Associates, Inc. of Rock Island, Illinois 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 Normo le-Ber &Associates, Inc. of Rock Island, Illinois, for the amount of 277,635.00 subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 8th day of May 19 79 «- LI—La: MAYOR ATTEST: CITY CLERK TICCCII/t�rl ik :,t7i. ��'V�Ci By Ylo Eegaf RESOLUTION No. 79-197 RESOLUTION AWARDING CONTRACT FOR THE: CONSTRUCTION OF BOYRU_ M STREET CONNECTION WITH HIGHWAY 6 BYPASS PAVING & STORM SEWER PROJECT - nT11TQTM1 TT Tn UrTnn nA%Prnc IAV` Tn1 IA ITTv Tn„n WHEREAS, Metro Pavers. Inc. of Iowa City Iowa, th has submitted the best bid for e 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. of Iowa City. Iowa. for the amount of $98,005.20 , subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Roberts and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 8th day of May , 1979 ATTEST: CITY CLERK MAYOR ar 'sir i:eyal �eslarl:rrsnl 6 7� REsOulTION No. 79-198 RESOLUTION AUTHORIZING E}D=ION OF OVERWIDTH PAVING AGREEMENT IN THE RESUBDIVISION OF LOT 30, CONWAY'S ADDITION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Condowa, Inc. , a copy of said being attac to this Resolution and by this reference made a and, WHEREAS, the City Council deans it in the public interest to enter into said agreement as it is consistent with the comprehensive plan and will allow for overwidth paving od Foster Road on the north edge of the resubdivision of Lot 30, Conway's Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized air, directed to execute the agreement with Condowa, Inc. 2. That the City Clerk shall furnish copies of said _agreement to any citizen requesting same. It was moved by Balmer and seconded by Resolution be adopted,uan�pon roll call there were: AYES: NAYS: ABSENT: Roberts the X BALMER X dePROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 8th day of May , 1979. Mayo ATTEST: City Clerk G , By 7i:e Loral Dep3ciment J--3 - 7 s• .r%r 4�. -� AGREEMENT WHEREAS, Condowa Inc. is the Developer of the Resubdivision of Lot 30, Conways subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning and Zoning Commission of Iowa City, Iowa, concur that the Developer shall improve Foster Road by paving said street 33 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 Ten Thousand Dollars ($10,000), 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 $11.75 per square yard, but not to exceed one thousand nine hundred and no/100 dollars ($1,900.00) 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 Ordinance, 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 $11.75 per square yard, but not to exceed one thousand nine hundred and no/100 dollars 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 y-6,day of , A.D., 19_Z CITY OF IOWA CITY, IOWA CONDOWA INC. 92 Atte .32 79 RESOLUTION NO. 79-199 RESOLUTION ESTABLISHING RENTAL TYPE III DWELLING PERMIT FEES AS PART OF THE HOUSING OCCUPANCY AND MAINTENANCE CODE WHEREAS, the Council adopted the Housing Occupancy and Maintenance Code as Ordinance 78-2891, as amended, hereinafter referred to as the Code and, WHEREAS, the Code provides for annual inspection and licensing of Type III 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 Type III Dwelling Permit, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The fees for licensing Type III dwellings be as follows: Type III Dwellings - $25 plus $1.00 for each dwelling unit. The rental permit licenses the premises for 12 consecutive months. It was moved by deProsse and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 8th day of May 1979. MAYOR RECEIVED & 1PPROVM L&A AXPLRTKUT. sy � o� I' 2 RESOLUTION NO. 79-200 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�7or the following named person or persons at the following described location: Spayer & Co., Ltd. dba The Airliner, 22 South Clinton St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Balmer and seconded by Erdahl that the Resolution as rem -Se adopted, and upon roll-calT there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera ABSENT: x x Passed and approved this 15th day of May 19 79 . "` -- may Pro to Attest: City Clerk r/ �l RESOLUTION NO. 79-201 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIZAfit6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve�For the following named person or persons at the following described location: Iowa City Aerie #695 of the Fraternal Order of Eagles, 225 Highway 1, S.W. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Erdahl that the Resolution as read be adopted, and upon—r-33117=5 there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhaueer x Perret x Roberts x Vevera x Passed and approved this 15th day of May. 19 79 Attest: City Clerk r Pro,,. fein �1 RESOLUTION NO. 79-202 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Four Cushions, Inc. dba Control Tower, 18-20 South Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved this 15th day of May , 19—J2_• �� p4ayor Pro., ton. � X Attest:(;z1- u City Clerk W i RESOLUTION NO. 79-203 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, to wit: Iowa City Aerie of the Fraternal Order of Eagles #695 225 Highway 1, S.W. Box 507 it was moved by Balmer and seconded by that the Resolution as reade adopted, and upon rollcalt ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 15th day of May Attest: �JOLUTION N0. 79-204 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF OAKES SECOND ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Oakes Second Addition be granted with the following conditions: None. i 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: Passed and approved this ATTEST: 15th day of /May 1979. C�YOR Pro Received & Approved By The Legal Department I r 7 `I &�- 6 F �G'_/�_4 RESOLUTION NO. 79-205 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 owner's; and WHEREAS, the Police Chief has made every effort to locate the owners of these bicycles and has been unsuccessful in the 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, Iowa; 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, and that Notice of said sale shall be published in the Iowa City Press -Citizen once each week for two conse- cutive 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 deProsse and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this /_' 7 day of May 1979 Pro, m Received & Approved By The Legal Department ';'-/D - 7y. /'-- - 6 y 6 Hull '525208 Poge 1 o4'3 Pages .kkvi.sed May, 1976 U. S. DEPARTAhadf OF VOUSli�C AND URBAN DEVELOrbiliNT SECTION 8 11016ING ASSISTANCEPAYMENTS PROGRP-tI EXISTING HOUSING PART I OF THE ANNUAL CONTRIBUTIONS CONTRACT EFFECTIVE DATE: duly 1, 1479 (Date of execution by the Government or this ACC Part I) MASTER SECTION 8 ACC NUi✓3ER: KC -9033 NUMBER OF THIS ACC PART I: KC -9033 1.1 The Program. a Projects Within Program. The Existing Housing Program under this ACC Part I includes the following projects: Project Number: IA05-EO22-001 IA05-EO22-002 IA05-EO22-003 IAOS-EO22-004 IA05-EO22-006 IA05-EO22-007 ACC List Number. and Date of Approval P KC -78-120 4-20-78 KC -78-119 4-20-78 KC -76-126 5-26-76 KC -78-118 4-20-78 KC -78-086 3-29-78 KC -79-146 4-23-79 (b) Number of Units (By Size) in Program. The aggregate number of units by size of unit included in these projects is as follows: Size of Unit: Efficiency 1 BR 1 BR (elevator) 2 BR 2 BR (elevator) 3 BR 4 BR Number of Units: 10 150 25 163 10 22 4 (c) Maximum ACC Amount. The maximum ACC amount for all Program Expenditures in respect to the aggregate number of units in these projects (the Program) is $ 837,768.00 per year; Provided, however, that this amount shall be reduced commensurately with any reduction in the number of units or changes in unit size under any provision of this ACC (see Section 1.4(a)).' The PHA shall not enter into any Contract or take any other action which will result in a claim for an Annual Contri- bution in respect -to the Program in excess of the amount stated in this paragraph (c). (d) PHA Obligation. The PHA, to the maximum extent feasible, shall enter into Housing Assistance Payments Contzacts ("Contracts") in accordance with the numbers and sizes of units and subject to the maximum ACC amount specified above. (e) Meaning of "Project" as Used in Master ACC and Part II. For purposes of this Part I the term "Project" wherever used in the Master Section 8 ACC and in Part 11 shall mean all the projects in the "Existing Housing Program." 1.2 Authorization of Actions by PHA. In order to carry out the Program, the PITA is authorized to (a) enter into Housing Assistance Payments Contracts, (b) make housing assistance payments on behalf of Families, and (c) take all other necessary actions all in accordance with the forms, conditions and requirements prescribed or approved by the Government; Provided, however, that neither the PHA nor the Go, ­.rn- ment shall assume any obligation beyond that provided in Contracts in the form approved by the Govermne:nt. HUD -525209 Paro 2 of 3 Pages .._ 1.3 TC7T7 of ACC, Leas(: and Contract. (a) Term of ACC. The term of. this ACC shall be five years. (b) Terni of Lease snd Contract. The tern of each Lease shall be for not less than one• year nor more than three years, but the Lease may contain a provision pcnnitt.irg termination upon 30 days advance written notice by either party. The. tgrm of c,•rl Contract shall be for the term of the Lease, provided that if a Family continues in occupancy after the expiraticu of the term on the same terns and conditions as the original Lease (or changes thereto which have been approved by the PHA and incor- porated in the Contract where appropriate), the Contract shall continue in effect for the duration of such tenancy subject to the limitation in the next sentence. Any renewal of the Contract and Lease term, and any continuation of tenancy beyond the term, shall in no case extend beyond the term of this ACC. 1.4 Annual Contribution. (a) Notwithstanding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between the Government and the P11A, the Government shall not be obligated to make any Annual Contribution or any other payment with respect to any Fiscal Year in excess of the amount stated in Section 1.1(c). (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, the Government shall pay for each Fiscal Year an Annual Contribution to the PHA in respect to the Program in an amount equal to the sum of the following'(subject to reduction by the amount of any Program Receipts other than Annual Contributions, which Receipts shall be available for Program Expenditures): (1) The amount of housing assistance payments payable during the Fiscal Year (see Section 1.5) by the PHA pursuant to the Contract, as authorized in Section.1.2. (2) The allowance, in the amount approved by the Government, for preliminary costs of administration. (3) The allowance, in the amount approved by the Government, for regular costs of administration, including costs of Government -required audits of Owners and the PHA. (c) (1) An ACC reserve account will be established and maintained by the Gove;.li- ment, as a specifically identified and segregated account, in an amount as determined by the Government consistent with its responsibilities under section 8(c)(6) of the Act. To the extent funds are available in said account, the Annual Contribution for. any Fiscal Year may exceed.t-he maximum amount stated in paragraph (a) of this Section by such amount, if any, as may be required for increases reflected in the estimates of required Annual Contribution applicable to such Fiscal Year as approved by the Government in accordance with Section 2.11 below. (2) The Government will take such additional steps authorized by section 8(c)(6) of the Act as may be necessary to assure availability of funds tb cover increases in housing assistance payments on a timely basis as a result of increases in Contract Rents or decreases in Family Incomes. (d) The Government will make periodic payments on account of each Annual Contri- bution upon requisition therefor by the PHA in the form prescribed by the Government. Each requisition shall include certifications by the PHA that housing assistance payments have been or will be made only: (1) In accordance with the provisions of the Contracts; and (2) With respect to units which the PHA has inspected or caused to be inspected, pursuant to Section 2.4 of Part II of this ACC, within one year prior to the making of such housing assistance payments. (e) Following the end of each Fiscal Year, the PHA shall promptly pay to the Government, unless other disposition is approved by the Government-, the amount, if any, by which the total amount of the periodic payments during the Fiscal Year exceeds the total amount of the Annual Contribution payable for such Fiscal Year in accordance with this Section. 1..5 Fiscal Year.. The Fiscal Year for the Program shall be the. Fiscal Yc:Ir es- tabl.i.shed by Section 0.3 of this ACC; Provided, however, that the first Fiscal 'i,•,u: for the Project shall be the period beginning with the effective date of eh i.• AGC )':-,it 1. M HUD -52520E Page 3 of 3 Pages N and ending on the last day of said established Fiscal Year which is not less than 12 months after such effective date. If the first Fiscal Year exceeds 12 months, the maximum Annual Contribution in Section 1.1(c) may be adjusted by the addition of the pro rata amount applicable to the period of operation in excess of 12 months. 1.6 Periodic Adjustment of Contract Rents. Each contract may provid& for periodic adjustments in the; ontract Rents chargable by the Owner and commensurate.increases in amounts of housing assistance payments in accordance with applicable Government regulations. 1.7 Equal Opportunity Housing Plan. The PHA shall comply with all provisions of its HUD -approved equal opportunity housing plan. 1.8 Expeditious Carrying Out of. Program. The PHA shall proceed expeditiously with the Program. If the PHA fails to proceed expeditiously, the Government, by notice to the PHA, may reduce its obligation hereunder with respect to the Program to the number and size of dwelling units under Contracts with Owners as of the date of receipt of such notice by the PHA, with a corresponding reduction in the maximum amount of the Annual Contribution specified in Section 1.1(c). 1.9 Prior ACCs Superseded. This Part I supersedes prior Section 8 Existing Housing ACC Parts I, if any. CITY HOUSING AUTHORITY RX 0/' �� n TQM �Of�icisl 1 itle Date May 16, 1979 United tes of America Secretary of H9u inn and Urban Development Supervisor,, Dis MoinW Service Office DateJ ,� *U.S. GOVERNMENT PRINTING OFFICE: 1877-766503312608 RASTER SECTION S ANNUAL CONTRIBUTIONS CONTRACT ATTACHMENT A lCC ContrA�t Number Dete ACC Liet Nimber Date Prolect -Ty Ls, r� I KC -9033 1-9-76 KC -76-048 1-2-76 Existing KC -9033 6-17-76 KC -76-124 5-25-76 Existing KC -9033 7-1-76 KC -76-125 5-25-76 Existing KC -9033 7-1-76 KC -76-126 5-26-76 Existing KC -9033 6-16-77 KC -77-215 5-20-77 Existing Conversion KC -9033 7-1-78 (KC -78-120 4-20-78) Existing (KC -78-119 4-20-78) Existing (KC -76-126 5-26-78) Existing (KC -78-118 4-20-78) Existing (KC -78-086 3-29-76) Existing KC -9033 KC -79-146 Existing UNITS SOURC-2 CONITRiwf Y07i AUTHORITY --TE'-:^"'ET � P.'- F.vRITY I LOAN AUT!-KIRITY r� I $ L3�,,�o 1 6 9G Novi. d My, 1976 U. S. PZPOH17 PAT OF i:...'2:.., On .. ..771 . ... SECTICN 0 HOUrAM 0333TANO P...........•; 1110YA Terms and Conditions Constituting Part 1I of an Almual Contributions Contract Iictc:cen PRA and 'Lhe United States of America JUST DOAMENT AVAILABLE 1JF'; COPI5TRUCTION, SUBSTANTIAL REHABILITATION, L'KISTI;:O iiOUSlf Plaster Section 8 ACC Nunler KC -9033 2.1 PFFIOTIONS (a) Ya ilies" means Lower -Income Fa.-ilies (including "Very Low-Inco:!e Families") and includes Families consisting of a single person in the case of Elderly Families and Displaced Families and includes the remaining member of a tenant family. (b) "Elderly Families" means Families whose heads (or their spouses), or whose sole members are persons who are at least 62 years of age or are under a disability as defined in section 223 of the Social Security Act or in section 302 (5) of the Developmental Disabilities Services and Facilities Construction imcrd,-.ents of 1970, or are handicapped. The term Elderly Families includes two or nore•elderly, disabled, or handicapped individuals living together or one or more such individuals living together with another person who is determined under regulations of ti::: Secretary of Rousing and Urban Development ("Secretary") to bo a person essential to their care or well being. (c) "Displaced Families" means Families displaced by governmentsl action, or Fvnilies whose dwellinfs have been extensively damaged or destroyed as a result of a dicasts: declared or otherwise formally recognized pursuant to Federal disas'te'r relief laws. (d) "Loeser -Income Families" means Families whose Incomes do not exceed 80 per cent of the median Income for the area as determined by the Secretary lith adjus9nants for smaller and larger families, except that the Secretary may establish income limits high or lower than 80 percent of the median for the area on the basis or his fi.ndinga that such variations are necessary because of prevailing levels of construction.cocts, unusually high or low family Incomes, or other'factors. (e) °Very.Low-Income Families" means Families whose Incomes do not exceed 50 percent of the median Income for.the area, as determined by the Secretary ;Lith adjust:ents for smaller and larger families. (f)"Income" means income for all sources of each member of the household, as deternin.0 in accordance with criteria prescribed by the Secretary. (g) 110;;nc4r'' ].Cans the persoI] or entity, including a cooperative, with whieh t::^ L(frCer.e: and Contract are entered into. (h) "Hent" or "rental" mean, with respect to monbers of a cooperative, the chnreer under the occupancy agreements tet'.'.cen such members and the cos;;Pailvc. (i)"Project Receipts" with respect to each Project means the Annual Contributions Table hereunder and all other receipts under this ACC, if any, accruing to the PHA from, out of, or in connection with such Project. (j) "Project Frperditures" with respect to each Project weans all costs allowable under Section 1.4 (b), Part I of this ACC, with respect to such project. (k) "Substantial Default" means the occurrence of'any of the events listed in Section 2. 2.2. )A;:F.. 7.;C .... 1 ... ,L.., L'L'i', CC..., hL: , :. WITH ACT AND :': ,•,i_..: I ..., . The PRA shn3l'use the Annual Ontribution so2e3y for the Purponn of prun din; ht ment, Safe, and Sanitary d::e2lKys for Families it cealliance wi L:'1 n13 applicable p -""hien of the Act L'idC all reg 3atinnI issued purNunnt t.:wrato. � 9/ HUD -52520 C yarn 2 of 10 Paces �LSr JOCLT)VIL, W 2.3. ?LiG151LIT AND OUNT OF li la', NG Ar '1' 'M i'AY A9A1L1$yF, (a) The 1'1b% shall comply with the Income limits est.al•li.shed by the Government, ani with the requirements of the Government pursuant to section S (c) (7) of -hc Act that at least 30 percent of the Families assisted in all its Projects uWar its Master Section 8 ACC shall be Very Lor;-Incon.e Families. . (b) The PHA shall comply or assure compliance with the schedule:; and criteria ao4l - lished by the Government with respect to the amounts of housing assistance ne;;:ronts made on behalf of Families. (c) The PHA shall make or cause to be made periodic re-examinations of the income, ccm- position, and extent of exceptional medical or ether unusual expenses of Families for whom housing assistance payments are being made, for the purpose of confirming or adjusting,in accordance with the applicable schedules established b;; the Govern- ment, the amount of rent payable by the Famill and the amount of housing assistance payment. (d) The PHA shall determine, as part of its annual inspection and at such other times as it deems appropriate, whether an adjustment is required in the Allowance for Utilities and Other Services applicable to the duelling unit on grounds of changes of general applicability. If the PITA determines that an adjustment should be made, the PHA shall prescribe the amount of the adjustment and notify thy Owner accordingly, and the PHA shall cause the Owner to make a corresponding adjustment in the amount of rent to be paid by the affected Family and the amount of housing assistance payment. (e) Prior to the approval of eligibility of a Family by the PHA or the Owner, as the case may be, and thereafter on the date established for each reexamination of the status of such Family, the PHA or the Owner, as the case may be, shall review: or cause to be reviewed a written application, signed by a responsible member of such Family, which application shalx set forth all data and information necessary for a determination of the amount, if any, of housing assistance payment which can be made with respect to the Family. 2.4. INSPECTIONS. (a) The PHA shall require, as a condition for the making of housing assistance payments, that the Ower maintain the assisted dwelling units and related facilities in Decent, Safe, and Sanitary condition. (b) The PHA shall inspect or cause to be inspected dwelling units and related facilities prior to.cohnencement of occupancy by Families, and thereafter at least annually, adequate to assure that Decent, Safe and Sanitary housing accomodations are being provided and that the agreed -to services are being furnished. 2.5. NONDISCRU.IINATION IN HOUSING. (a) The PHA shall comply with all requirements imposed by Title VI of the Civil RAChts Act of 1964, Public Lae: E4-352, 78 Stat. 241; the regulations of the Department of Housing and Urban Development issued thereunder, 24 CFR, Subtitle A, Part 1, Section 1.1, et seq.; the requirements of said Department pursuant to said regulat.ionr and Executive Order 11063, to the end that, in accordance with that Act and the regulations and requirements of said Department thereunder, and said Executive Order, no person in the United States shall, on the ground of race, color, creed, religion, or national origin, be excluded from participation in, or be denied the benefits of, the Housing Assistance Payments Program or be otherwise subjected to discrimination. The PHA shall, by contractual requirement, covenant, or other binding commitment, assure the same compliance on the part of any subgrantee, contractor, subcontractor, transferee, successor in interest, or other partici- pant in the program or activity, such commitment to include the following clause: "This provision is included pursuant to the regulations of the DonnrtTent of Housing and Urban Development, 24 CFR, Subtitle A, Part 1, Section 1.1, et seq.; issued under Title VT of tho sail Civil Rights Act of 196:, ..z.1 the requirements of said Department p m•ounnt to said regulations; ani Qo ri,- li.cation of the (contractor or other) to comply thorc:with inures tc tine 69� EUI -52520 C 1'c: -e 3 of 10 Pales 2.6. BEST : DOCUMEIiZ7r AVAILABLE benefit of the United StaLen , the :c:;d P.eparLment, and M KA, ivy ..f :... & shall be entitled to invoke any remedies available by la•r: to redrew n:, breach thereof or to compel cor:pl;ance therewith by the (contractor or c,h. . (b) The PHA shall incorporate or cause to be incorporated into all Housing Aneinti%2C• Payments Contracts a provision requiring compliance with all requirements imp_re-i by Title VIII of the Civil Rights Act of 1968, and any rules and regulations Krued pursuant thereto. (c) The PHA shdll'not, on account of creed or sex, discriminate in the sale, ]ccs;nj , rental, or other disposition of housing or related facilities (includin{ laid) included in any Project or in the use or occupancy thereof, nor 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. No person shall automatically be excluded from participation in or be denied the benefits of the Housing Assistance Payments Program because of membership in a class such as unmarried mothers, recipients of public assistance, etc. EQUAL E1..4'LOY1.1ENT OPPORTUNITY. (a) The PITA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, or national origin. -The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, creed, religion, sex, or national origin. 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 compensation; and selection for training, including apprenticeship. (b) (1) The PHA shall incorporate gr cause to be incorporated into any contract for construction work, or modification thereof, as defined ".n the regulations of the Secretary of Labor at 41 CFR, Chapter 60, which is to be performed pursuant to this contract, the following Equal Opportunity clause: "EQUAL MTLOnT-,NT OPPORTUNITY Awing the performance of this contract, the contractor agrees as follows: (A) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, creed, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, creed, sex, or national origin. Such action shall include, but notbe limited to, the following: employ:xnt, up rodinF demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensatien; and selection for training, including apprenticeship. The contractor agrees to post in con- spicuous places, available to employees and applicants for employment, noticei to be provided by the PHA setting forth the provisions of this Equal Opportunity clause. (B) Thi contractor will in all solicitations or advertisements for employees place0by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, creed, sex, or national origin. (C) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the FHA advising the c4 d lahor union or workers' representative of the contractor's CC...::1 t... :ii: i1 'u::`C: .h... Section, and shall post copies of the notice in con3picuoun }'places avnilable to en.ployees and applicants for emplo;vuent. (D) The contractor will comply with all provisions of Executive Order No. 21246 of Septerlu• 24, lQ05, and of the rules, reiulations, and rele a%t orders of W :secretary of Iobor. AN ffUlti-525200 Pa -.o 4 of .10 Pages or z!) L -DO C L.' MEIN l' AVAILABLE: (E) The contractor will furnish all informntion and repots reeuL.r< Executive Order No. 11246 of September 24, 1965, and by rules, ro, u'_a'_i:r. and orders of the Secretary of Labor, or pursuant thereto, and r:i ].1 r.r:;...it access to his books, records, and accounts by the Goverment and tLe s^cretc of Laboi for purposes of investigation to ascertain co;apllance with such rules, regulations, and orders. (F) In the event of the contractor's noncompliance with the Equal Onpertunity clause of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or susnerded in ^:hole or in wart, and­tITL contractor may be declared ineligible for further contracts in accord, with!proccdures authorized in Executive Order No. 11246 of September 24, 1965 and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule,`regulation, or order of the Secretary of Labor or as otherwise provided by law. (G) The..contractor will include the portion of the sentence immediate)y preceding Paragraph (A) and the provisions of Paragraphs (A) through (G) in every subcontract or purchase order unless exempted by the rules, regula- tions, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each'subcontractor or vendor: The contractor will take such. action with. respect to any subcontractor or purchase order as the Government 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 Government, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (2) The PHA agrees that it will assist and cooperate actively with the Government and the Secretary of Labor in obtaining the compliance of contractors and sub- contractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Government and the Secretary of Labor, such information as they may require for the supervision of such compliance, and that it will otherwise assist the Government in the discharge of the Government's primary responsibility for -securing com- pliance. (3) The PHA further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order No. 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to - the Executive Order and will carry out such sanctions and penalties for violation of the Equal Opportunity clause as may be imposed upon contractors and sub- contractors by the Government of the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. 2.7. TRAINING AND CONTRA IMG OPPORTUNITIES FOR BUSINESSES AND LO"BR INCO' (a) The project assisted under this ACC is subject to the reeuirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, 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 part by persons residing in the area of the Project. Cb) Notwithstanding any other provision of this ACC, the PLA shall carry out the prhvisions of said section.,' and the reg a etioas issued pursuant thereto by the Secretary set forth in 24 Cc'R, Part 135 (pu';lisr.ed in 38 Federal P.e;ister 292.20, October 23, 1973•), and all applicable ru'.cs and orders of the Secretary issued thereunder prior to the execution of this ACC. The reouirer..cnts of said ranula f-, include but are not lir.iced to dove'-opr..rnt and ixple:.:ontcuion of an affir::.i:-.ive action plan for utilizing business concerns located :ei`.}:in or owned in sub- stantial part by persons residing in the orea-of the Froject•; t:^.c r^;'"^ of a good faith effort, as defined by the rel:uia-,ices, ,o Drcvide and business opP.rLuiities required by secticn 3; and incorporation of ^.c X95` PUD -52520 Q WONT l 5 of IQ Paces DOCUME1NT AVAILP.BLE 3 clauie" sPeOM4 by Sact'.n 1"..70 (b) of tip_• rcc;ulations in ali..Tact. f work in coruv&ion !Lh MPrajeoL. The PITA certifies and novo. Un" It it under no contracLunl or other disability which t:ould prevent it frcm com- plying with these requirements. (c) Compliance with,the provisions of section 3, the regulations set forth in 21. CFR, Part 135, and all applicable rules and orders of the Secretar;. issued More - under prior to approval by the Government of the application for th}s ACC shall be a condition of the Federal financial assistance provided to the Project, bindin upon the PITA, its successors and assigns. Failure to fulfill these reeuiremonts shall subject the PILI, its contractors and subcontractors, its successors, and assigns to the sanction specified by this ACC and to such sanctions as are specified by 24 CFR, Section 135.135. (d) The PEA shall incorporate or cause to be incorporated into any contract pursuant to this contract such clause or clauses as are required by the Government for com- pliance with.its regulations issued pursuant to the Housing and Urban Development Act, as amended. The PHA shall cooperate with the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. 2.8. COOPERATION IN EQUAL OPPORTUNITY CMI LIANCE REVII?195. The PHA shall cooperate with the Government in the conducting of compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and rules and regulations pursuant thereto. 2.9. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. The PRA 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 Executive Order 21738. The PHA shall cooperate with the Government in the conducting of compliance reviews pursuant to said Acts and Regulations. ' 2.10. LABOR STANDARDS. The PHA shall incorporate or cause to be incorporated into any contract for construction or substantial rehabilitation of nine or more dwelling units, such claus( or clauses as are required by the Government for compliance with its regulations issued pursuant to the Copeland Act, the Davis -Bacon Act, and the Contract Work Hours and Safety Standards Act. The PHA shall cooperate with the Government in the Conducting of compliance reviews pursuant to said Acts and Regulations. 2.11. ESTD.!ATES OF REQUIRED ANNUAL CONTRIBUTION. The PHA shall from time to time submit to the Government estimates of required annual contribution at such times and in such form as the Government may require. All estimates and any revisions thereof submitted under this Section stall be subject to Government approval. 2.12. INSURANCE AND FIDELITY BOND COVERAGE. For purposes of protection against hazards arising out of or in connection ri th the administrative activities of the PHA in carrying out the Project, the PEA shall carry adequate (a) comprehensive general liability insurance, (b) workmen's com- pensation coverage (statutory or voluntary), (c) automobile liability insurance against property damage and bodily injury (owned and non -owned), and (d) fidelity bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers. 2.13. BOOKS OF ACCOUNT AND RECORDS; REPORTS. (a) The P1IA shall maintain complete cuid accurate books of account and record:,, as pray be prescribed from time to tine by the Government, in connection with tho .Projects, including records which permit a speedy and effective audit., and will 6ss ift:6-52520 C BEST 130CUMENT AVAILABLE. amour,; othor thins fully disclose the amount :nu: tic• clispo.:jtion by Lbc 1,11A of the Annual Contributions and outer Project Receipts, if any. (b) The books of account and records of the MIA shall be maintained for each Project as separate and distinct from all other Projects and underLakin;;s of the PHA except as authorized or approved by the Government. (c) The PITA Shall furnish the Covornnx•nt such financial, operating, and rtctListi.eal reports, records, statements, and documents, at such tir.•es, in such fotr.:, ane: accompanied by such supporting da La, all as may reasonably bo reuuired frota time to time by the CovortlmenL. (d) The Government and the Controller General of t60 United Stator, or his duly authorized representatives, shall have ful.l. and free access to I -lie Projects and to all the books, documents, papers, and records of the PITA that are pertinent to its operations with respect to financial assistance under Che Act, including the right to audit, and to make excerpts and transcripts from such book$ and records. (e) The PITA shall incorporate or cause to be incorporated in all Contracts the following clauses: "PITA AND GOVERNMENT ACCESS TO PREMISES AND OWNER'S REC0RDS. "(1) The Owner shall furnish such information and reports pertinent to the Contract as reasonably may be. required from time to time by the 1111A, and the Government. "(2) The Owner shall permit the P11A or the Government of ai,y of their dul.y authorized representatives to have access to the premises, and, for the purpose of aucfit and examination, to have access to any books, documents, papers, and records of the Owner that are pertinent Eo compliance with this Contract, including the verification of information pertirnit to the housing assistance payments." (f) The P11A shall be responsible for engaging and paying the auditor for the making of audits as required by the Government, but the PHA shall be. com- pensated under this ACC for the cost of such audits. 2.14. DEPOSITARY AGREDIENT. (a) (1) The P11A shall maintain one or more agreements, which are herein collectively called the "General Depositary Agreement," with a bank(s) selected as a depositary by the P11A. (2) The PITA may maintain one or more agreements, which arc herein collectively called the. "Savings Depositary Agreement," wiLh a savings and loan insti- tution(s) or credit union (s) selected asa depositary by the PHA for tl:e investment of excess funds. (3) All- such General Depositary Agreements and Savings Depositary Agrcemr_•nts are herein collectively called the "Depositary Agreement." All such banks, savings and loan institutions, and credit unions arelurein collectively called the "Depositary." (4) The Depositary Agreement shall be in the four prescribed by the Government for the particular type of Depositary. The Depositary shall be, and continue to be, a member of the rederal Deposit Insurance Corporation, the Federal Savings .and Loan Insurance Corporation, or the National Credit Union Share Insurance Fund, as the case may be. (5) Immediately upon the execution of any Dc.•positary Agreement, the IEA shall furnish to the Covern:r.ent such executed or conf.ormcd copies thc.rc:of 'if: t;:c Government u.ay require. (6) No such. Dc•posi.tary Agrecment shall. be Lerninatod excepL aflei: 30 notice to the Governi%eat. � �G Y.I..-+^(1 G i of 10 1'ar es i (b) The PITA shall deposit Depositary Agreement, BEST 130CUMENT AVAILABLE promptly with such Depositary, undc•L• lilt terns of the all monies received pursuant to this ACC. (c) The YHA may'withdraw monies pursuant to the Depositary Aereemcon't only for (1) payment, pursuant to the Housing Assistance 1':+y:'.,nLs CPI+LI':Iel, r:nd (2.) other purposes specifically approved by the Government. ::n '.:illrlr:n;.+l:: shall be made except in accordance with a voucher or voucher:: tho;; on f i 1 r in L!tC office of the PHA stating in proper detail the purpose for +:hick :;uch '.with- drawal is made. (d) If the Government makes a determination, after notice to the PHA eivine it a reasonable opportunity to take corrective action, that tine PNA'is in Sub:;lan- tial Default or if the GovernmenL determines that the PHA has made a fradulent or willf(+1 misrepresentaLion of any material fact in any of tine docuuents or data submitted to the Government pursuant to this ACC or in any document or data submitted to the Government as a basis for this ACC or as an indUCeOint to tine Government to enter into this ACC, the Government shall have the right to (1) give notice of such determination to Depositary which holds any monies pursuant to the Depositary Y+greement and (2) require scch Depositary, oil the basis of such notice, to refuse to permit any withdrawals of: such monies; Provided, how -- ever, that upon the curing of such Default the Government shall promptly rescind such notice and requirement. 2.15. 'POOLING OF FUNDS UNDER SPECIAL CONDITIONS AND REVOLVING FUND. (a) The P11A may deposit under the terms of. the General Depositary Agreement monies received or held by the PITA in connection with any other ACC or any adrninir.tratio contract or lease between the PITA and the Government. (b) The PRA may also deposit under the terms of the General DeposiLary ASreement amounts necessary for current expenditures of any other project or enterprise of the.PHA, including any project or enterprise in which the Government has no financ interest; Provided, however, that such deposits shall be. lump -sum t:ransfcrs frog the depositaries of such other projects or enterprises, and sinal in no event be deposits of the direct revenues or receipts of such other projects or cnterpri.ses (c) If the PITA operates other projects or enterprises in which the Government leas no financial interest, it may, from time to time, withdraw such amounts as the Government may approve from monies on deposit under the General Dopositary Agree- ment for deposit in and disbursement from a revolving fund provided for the pay- ment of items chargeable in part to the Projects and in part to other projects or enterprises of the PHA; Provided, however, that all deposits in such revolving fund shall be lump -sum transfers from Lhe depositaries of the related projects cr enLerprises and sbal.l in no event be depusits of the_ direct revenues oL receipts. (d) The PITA nay establish petty cash or change funds in reasonable amounts, free monies on deposit under the General Depositary Agreement. (e) In no event shall the PHA withdraw from any of the funds or accounLS aurhorined under this Section 2.15 amounts for the Projects or for any other projcet or enterprise in excess of the amount then on deposit in respect thereto. 2.16. DEFAULTS BY PITA AND/OR O17NP;R. (a) Rir.hts of: Owner if PHA Defaults Linder Acreement or Contract. (The provisions of this paragraph (a) shall not apply to any Existing housing Project.). (1) In the event of failure of the PHA to comply with the Agreement with the Owne: or if such Agreement is held to be void, voidable or ultra virus, or if thc• power or right of Lhe PITA Lo enter into :such Arrco;:+enL is dr:,w, into c;uc,:ti.on in any legal proceeding, or if ti+e PHA af;SerLs or c]:i:..s Lhat. such Af.rv,_ent is not binding, upon the PI!A for any such reason, Lhe Covcrn:::onL :_.y, ::fL(:r nOLicc to the PITA giving it a reasonable oppore+:pity Lo ta!:,: COI'l'C:CL17t• %Ctlo determine that the OCCurcnce of any such evens Con::Litutes a Suh'L:!atla` D:•f:. hereunder. V'here Lhe Covern::ncnt so determines, it may assuzr: the PI!A'r, ri;••I++ and obligations under such A;;rer•:.,cut and carry out eh,: oblir,.:Liens e,f 111.• under the At;reLmenr, including 01-1 ohli^:rt on to enter into tha Contr:.ci. liL•;e of thin SCCLion 2.15 is optional. 0 �gl laic --52520 - , Page .S of lO Pages (2) In the event of failure of the PHA to c•orply with the Contraci ullh We U.-• or if such Contract is held to be void, voi,i.ible or ultra vires, or i.f M. power or right. of the PHA to enter into such CvnLract is drown into quest;,,: in any legal proceeding., or if Lhe YHA nsscris or claims tl:et such Contract not biudi.nt: upon the PHA for any such renson, Lho Governq nL My, afLer noLi. to the; PHA giving it a re•,rsonnhle opportunity to tale corrective aeLion, detereli.no that Lho occurrence of any such ovent con IMU LOS Nnhatantial Default. hereunder. Where Lhb Govetnocni so dclermines, it shall havu Lho. right!to assume the PHA's righLs and obligations under such Contract., perfor. the OH lignLions and enforce the rights of the PITA, nn.l Cxercise such o0 or powgrs.as the Government tay have to cure the Default; however whether or not the Government elects to proceed in this manner, Lho GovernnellL shall, if it determines LhnL Lhe owner is not in default, continue for thu duration of such Contract to pay Annual ContribUtiuns for the purpose of making housing assistance payments wiLh respect to dwelling units under such Contract. (3) All rights and obligations of the PHA assumed by the Government pursuant to Lhis Section 2.16 (a) will be returned as constituted at the time of such return- W when the government is satisfied that all defaults have been cured and that the Project will thereafter be administered in accordance with all applicable requirements, or (ii) when Lhe Housing Assistance Payments Contract. is at an end, whichever occurs sooner. (4) The provisions of this Section 2.16(x) are made with, and for the benefit of, the Owner, the PITA (where it is the lender and then only in its capacity as lender), or the thmer's other assignees, if any, who will have been specifics: approved by the Government prior to such assignment. If such parties are not in default, they may, in order to enforce the performance of these provisions. (i.) demand that the Government, after notice to the PHA giving it a reasonable. Opportunity to take corretive action, make a determination whether a Substan— tial Default exists under paragraph (a) (1) or (a) (2) of this Section, (ii) if the Government determines that a Substantial -Default exists, demand that the Government take the action authorized in paragraph (a) (1) or (a) (2) and (iii) proceed as against the Government by suit at law or in equity. (5) The provisions of paragraphs (a) (1), (3), and (4) of this Section shall be included in the Agreement and the provisions of paragraphs•(a) (2), (3), and (4) of this Section shall be included in the Contract. (b) Rijhts of Government if PHA Defaults Under ACC, Agreement or. Contract. (1) If the PAA defaults in the observance or performance of the provisions of - Section 2.4; fails to comply wiLh its obligations under any duly issued Certificate of Family Participation in accordance with its terms; fails to comply with the requirements of. Section 2.5, 2.6, 2.7, or 2.8; defaults in performance or observance of any other term, covenant, or condition of this ACC or of any term, covenant, or condition of any Contract or Agrccment;. fails, in the event of any default by the Owner, to enforce its rights under the Agreement or Contract- by way of action Lo achieve compliance to the satisfaction of the Government or to terminate the Agreumc= or Contract in whole or in part, as directed by the Government; or fails to comply with the applicable provisions of the Act and the Mulation.s issuod pursuant t:hereLcr; the Government may, after notice to the PHA giving it a reasonable opportunit:• to take corrective action, determine that the occurrence of any such event constitutes a Substantial Default hereunder as to the Project. Upon the occurrence of a Substantial Default with respect to any Project, the PITA shall if the Government so requires, assign to the Government all of its rights and interests under the Agreement or Contract, including any funds, and the Government shall continue to pay Annual Contributions with respect to dwallir• units covered by Housing Assistance Payments Contracts in accordance with the terms of this ACC and of such Contracts until reassigned to the PuA. (2) All rights and obligations of the PHA assumed by the Government pursuont to this Section 2.16 (b) will be returned as conswuLpd at the time of such return (i) when Lhe CuvcrnnunL in sntisficd ML a.il. 6rfaults hive Lean cuj,- and that the Project will thereafter be aduiuistered in accordance .with all applicable requirements, or (ii.) when We Housing AsKstance W :eats. Contract is at an end, whichever occurs sooner. (c) Rights of PHA and GoWrnmc•nr if Oxner Defaults Under ConLraeL. (New Cans.L:-octie and Substantial P.tLrW iLati.on Projects.) I_RFI- `"5_20 C ' Ace n of 10 Pagef. BEST 1?C ETIONT AVAILABLE For New'Construction and Substantial Rehabilitation project;, the Contract shall contain the followiuy; provisions: "a. A default by the Owner under this Contract shall result if: "(l) The Owner has violated or failed to comply with any provision of. or obligation under, this Contract or of any Leanc;"or "(2) The Owner has asseried or demonstrated an intention not to perform some or all of his obligations under this Contract or under any Lease. A. Upon a determination by the PHA that a default has occurred, the PHA shall notify the Owner, with a copy to the Government, of (1) the nature of the default, (2) the actions required to be taken and the remedies to be applied on account of the default (including actions by the Owner to cure the default,and, where appropriate, abatement of housing, assistance payments in whole or in part and recovery of overpayments), and (3) the time within which the Owner shall respond with a shoring that he has takch all the actions required of him. If the Owner fails to respond or take action to the satisfaction of the -PHA and the Government, the PHA shall have the right to terminate this Contract in whole or in part or W take other corrective action to achieve compliance, in its discretion or as directed.by the Government. "c. (The provisions of this paragraph c shall apply only if the PITA is the Lender.) Notwithstanding any other provisions of this Contract, in the event the Government determines that the Owner is in default of his ob- ligations wider the Contract, the Government shall have the right, after notice to the Owner and the PHA giving them a reasonable opportunity to take corrective action, to abate or termindte housing assistance payments and recover overpayments in accordance with the terms of the Contract. In the event the Government takes any action under this Section, the Owner and the PHA hereby expressly agree to recognize the rights of the Government to the same extent as if the action were taken by the PHA. The Government shall not have the right to terminate the Contract except by proceeding in accordance with Section 2.16 (b) of the ACC and paragraph b of this Section." (d) Rights of PHA if Owner Defaults Under Contract (Existing Housing Projects). For -Existing Housing Projects, the Contract shall contain the following provisions: "a. A default by the Owner under this Contract shall result if: "Cl) The Owner has violated or failed to comply with any provision of, or obligation under, this Contract or of any Lease; or "(2) The Owner has asserted or demonstrated an intention not to perform some or all of his obligations under this Contract or under arty Lease. A. Upon a determination by the PHA that a default has occurred, the PHA shall notify the Owner, with a copy to the Government, of (1) the nature of the default, (2) the actions required to be taken and the remedies to be applied on account of the default (including actions by the Owner to cure the default, and, where appropriate, abatement of housing assistance payments in vrhole or in part and recovery of overpayments), and (3) the time within which the Owner shall respond with a showing that he has taken all the actions required of him. If the O. -,Tier fails to respond or take action to the satisfaction of the PITA and the Government, the PHA shall have the right to terminate this Contract in whole or in part or to t other corrective action to achieve compliance, in its discretion or as directed by the Government. 2.17. MT -DIES NOT EY.CLUSIVE AND t!GN 7i,Il 'R OF REIT•,DIES The availability of any remedy provided for in this ACC or in the Crntrnat shall not preclude the exercise of any other remedy under this ACC or the Controot c;r under any provisions of law, nor shall any action taken in the excrcisc of ars; t�l 9f 07-01573 `• P: ;0 l C of IQ FPCOl 1,e)CUTT Q. LABT F_ rCoody be deonod a wnivor of 1:-;• i t�'.cr .>W rr „%,.":ii CG. Min-. to ria T.... in*- ri Cht or rc=dy stall "M C:.. 'VU! . 121';c1 Of W I'. cht n citMaQ tt.., or any other right or rc-:Wy at any t W: . , 2.18.INURFSTO, .., (a) Neither the PHA nor nny of its cont...ctors or their r0contrralo's still. filter into any contract., subcontract, or nrrnnrc::nnL, A cc. %oolinn ...... any Project;, in which any I'ember, officer, or e:: ;olo ce of thc or -:`; member of the governDW body of the locality n which the 07:ocl, situated, or an,, I: cmlicr of the Coverning lody of the l.oealii in : hf ch tho WA was activated, or any other public official of such locality or localities who exercises any responsibilities or functions with respect to t:e Project during his tenure or for one year thereafter, has any interest, direct or indirect. If any such present or former member, officer, or employee of the PHA, or -any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginni.iV, of his tenure any such interest, and if such interest is i::ocRatel.y disclosed to the PHA and such disclosure is entered upon the minutes of tie PHA, the PITA, with the prior approval of the Government, may ,-sive `he prohibition contained in this subsection; Provided, however, that any such Iresont member, officer, or employee of the PiM shall not participate in any action by the PHA relating to such contract, subcontract, or arrangement. (b) The PITA shall insert in all contracts entered into in connection with any Project or any property included or planned to be included in anti Project., and shall require its contractors to insert in each of its subcontracts, the following provisions: I "}dojmember, officer, or,employee of the. PHA, no member of the governing body of the locality (city and county) in which the project is situated, no member of the governing body of the locality in which the 111,, .:as activated and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, during his tenure or for one year thereafter; shall have any interest, direct or indirect, in this contract or any proceeds or benefits arising therefrom." (c) The provisions of'the foregoinga subsections (a) and (b) of this Section 2.18 • shall not be applicable to the Depositary Agreement, or utility .Service the rates for which are fixed or controlled by a governmental agency.. 2.7.9. I}iTEP-ST OF "3^R OF OR DELFCATE TO CC?;GRISS. No me^lber of or Bele ate to the ConEress of the United States of A arica or ronVe 1; commissioner shall be atmittcd to any share or pert of this ACC or to an:,- benefits n;;benefits which may arise t1arefrom. all Official Actions Mayor Pro tem Balmer announced one vacancy on May 15, 1979 the Housing Comm. for unexpired term ending 5/1/82, Page 2 appointment to be made 6/19/79. Moved by deProsse, seconded by Perret, to appoint Patricia Collins to a three-year term on the Housing Comm., term expiring 5/1/82. Motion carried unanimously, 5/0. Moved by Perret, seconded by Erdahl, to appoint Stephen Lampe to unexpired term ending 10/1/79 on the Committee on Community Needs. Motion carried unanimously, 5/0. City Manager Neal Berlin called attention to the memo from Police Chief Miller in the 5/11 packet regarding the Copper Dollar. Moved by Perret, seconded by deProsse, as recommended by Chief Miller to suspend the Class C Liquor License for Copper Dollar, 211 Iowa Ave. be suspended for twelve (12) working days from June 4th, to 16th, inclusive. Motion carried, 4/1, Erdahl voting 'no'. Moved by deProsse, seconded by Roberts, to adopt RES. 79-205, Bk. 56, p. 686, AUTHORIZING ABANDONED BICYCLE SALE. Affirmative roll call vote unanimous, 5/0, Neuhauser and Vevera absent. Moved by Perret, seconded by Erdahl, to adopt RES. 79-206, Bk. 56, pp. 687-701, AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT WITH HUD, Sec. 8 Project. Affirmative roll call vote unanimous, 5/0, Neuhauser and Vevera absent. Moved by deProsse, seconded by Erdahl, to adopt RES. 79-207, Bk. 56, pp. 702-703, ACCEPTING FOUR STORMWATER MANAGEMENT PROJECTS. Affirmative roll call vote unanimous, 5/0, Neuhauser & Vevera absent. The following resolutions were adopted regarding the construction of site improvements in the Business Development Inc. Second Addn. under an assessment procedure. Moved by deProsse, seconded by Perret, to adopt RES. 79-208, Bk. 56, pp. 704- 705, PREL. RESOLUTION FOR CONSTRUCTION OF STREET & SEWER IMPROVEMENTS. Affirmative roll call vote unanimous, 5/0, Neuhauser & Vevera absent. Moved by deProsse, seconded by Perret, to adopt RES. 79- 209, Bk. 56, p. 706, FIXING VALUES OF LOTS. Affirmative roll call vote unanimous, 5/0, Neuhauser and Vevera absent. Moved by deProsse, seconded by Perret, to adopt RES. 79-210, Bk. 56, pp. 707-708, ADOPTING PREL. PLAT & SCHEDULE, ESTIMATE OF COST & PROPOSED PLANS & SPECIFICATIONS FOR CONSTR. OF 1979 BDI SECOND ADDN. IMPROVEMENTS. Affirmative roll call vote unanimous, 5/0, Neuhauser & Vevera absent. Moved by Perret, 7d- HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I, Abbie Stolfus , the duly appointed, qualified and acting City Clerk of the City of Iowa City , do hereby certify that the attached extract from the minutes of the regular meeting of the Iowa City City Council of the City of Iowa City, Iowa held on the 15th of May, 1979 , 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 1s 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 City of Iowa City this 16th day of May , 19 79 . �. l (SEAL) 70 /4- eon •o7 -e23 HUD -9012 (11-68) EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A Regular MEETING OF THE Iowa City City Council OF THE City of Iowa City HELD ON THE 15th DAY OF May , 19 79 The City Council of the City of Iowa City met in regular meeting at the Council Chambers of the City Council in the City of Iowa City , Iowa , at the place, hour, and date duly established for the holding of such meeting. The Mayor Pro Tem called the meeting to order and on roll call the following answered present: John Balmer Carol W. deProsse Clemens Erdahl David Perret Glenn E. Roberts and the following were absent: Mary C. Neuhauser Robert A. Vevera The Mayor Pro Tem declared a quorum present. 233978-P HUD -9014 (11.6a) The following resolution was introduced by Mayor Pro Tem Balmer ; read in full and considered: "Resolution Authorizing Execution of Annual Contributions Contract" Councilman Perret moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Councilman Erdahl , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Balmer None deProsse Erdahl Perret Roberts The Mayor Pro Tem thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly ms•ie and seconded, the meeting was adjourned. 7i//C'_ cro 891-44Z *US WVIRh"ENT•RIIfINCCE1iCE 1972.1e9-2LVSp r RESOLUTION NO. 79-206 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 hereafter 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 Erdahl that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl x Neuhauser x Perret X Roberts x Vevera ;7,1//f) Resolution No. 79-206 Page 2. Passed and approved this 15th day of May , 1979. Mresr: City Clerk MayoI c— m FT''7iRi1 6 Lr?p^�'FP P't %G/E GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CISRTIFY 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 Legis- lature 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) Robert A.,Vevera Mayor Councilman John Balmer Mayor Pro tem Councilman Carol W. deProsse Councilwoman Clemens Erdahl Councilman Mary C. Neuhauser Councilwoman David Perret Councilman Glenn E. Roberts Councilman Neal Berlin City Manager John Hayek City Attorney Abbie Stolfus City Clerk DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM APPOINTMENT TERM OF OFFICE OF OFFICE 1-2-78 1-2-78 1-2-80 11-8-77 1-2-78 1-2-82 1-2-78 1-2-78 1-2-80 11-4-75 1-2-76 1-2-80 11-4-75 1-2-76 1-2-80 11-8-77 1-2-78 1-2-82 11-4-75 1-2-76 1-2-80 11-4-75 1-2-76 1-2-80 11-8-77 1-2-78 1-2-82 1-14-75 1-14-75 Indefinite 10-2-73 1-2-78 1-2-80 9-1-70 1-2-78 1-2-80 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 capa- city above designated, and each is the acting officer hold- ing 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 appli- cable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Council- man Robert Vevera who was elected November, 1975, and sworn in as Councilman in January, 1976. The City Council has deter- mined not to seek a Declaratory Judgment. 76/ /-� Page 2 General Certificate 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. 8. Since January 3, 1978, 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 an other provisions con- cerning regular meetings of the Local Agency; (b) The provisions concerning the calling and hold- ing 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 con- tracts 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 obliga- tions 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 Statelaw. 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 16th day of May , 19 79 (SEAL) (7 .ate Abbie Stolfus City Clerk 7� 4� RESOLUTION N0. 79-207 RESOLUTION ACCEPTING THE WORK AS DONE BY HIGHWAY CONTRACTORS, INC. FOR FOUR STORM WATER MANAGE- MENT PROJECTS IN RALSTON CREEK WHEREAS, the Engineering Department has recommended that the im- provement covering the Four Storm Water Management Projects in Ralston Creek as included in a contract between the City of Iowa City and Highway Contractors, Inc. of Burlington, Iowa dated September 3n. 1977 , 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 deProsse and seconded by Erdahl that the resolution as read be adopt—W—, and upon roll call ere were: BALMER AYES: NAYS: ABSENT: x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 15th day of May 1979, -- yor rro ,5 tam ATTEST: �i� t �! -(�C f f�<�J City Clerk l 8 Appixo.,`d �J By The Legal Dcj,:W.-ienf/�17 Ed ENGINEER'S REPORT April 19, 1979 To The Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the four Storm Water Man- agement Projects have been completed in substantial accordance with the plans and specifications as prepared by Shoemaker/Haaland Associates of Coralville, Iowa. The contractor, Highway Contractors Incorporated, Burlington, Iowa, has filed the required maintenance bond with the City Clerk's office. I hereby recommend that the improvements be accepted by the City of Iowa City, Iowa. I would advise you that the contractor has several material suppliers that have submitted claims on the project. In fact, 11 suppliers have submitted claims to the City for a total of approximately $25,000. The proper procedure is for the City of Iowa City to accept the project which begins the 30 day waiting period for release of the final 10% of the project construction costs. We are only holding approximately $11,000 as a retainer for this project. However, we will not release the final 10% until we have received lien waivers from the contractor for all outstanding debts. The outline of the method to accept improvement projects is very clearly delineated in the State Code of Iowa. Even though the contractor has not fulfilled several of his obligations to material suppliers, he has in fact completed the agreement with the City of Iowa City. I will notify each of the material suppliers that have filed claims with the City upon Council acceptance of the project. They may at that time proceed with litigation against the contractor at their discretion. Respe ully submitted, Eug A. Dietz, P. . City Engineer jm4/9 703 Nee-, r1l e Council Member deProsse introduced the following Resolution and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 79-208 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET AND SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that portland cement concrete paving, sanitary sewer and storm sewer be constructed within Iowa City, Iowa, as hereinafter described•' and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct portland cement concrete paving, sanitary sewer and storm sewer, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: The proposed site improvements consist of constructing a reinforced concrete box culvert, storm sewer, sanitary sewer, -2- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH, LAWYERS, DES MOINES. IOWA water main, portland cement concrete paving, modificiations to the existing lift station, and sanitary force main, together with the required grading and related work on the following street: Heinz Road extended from the end of existing pavement (South line of Lot No. 6) Northwesterly 780 feet. Subdivision C. That Shive-Hattery & Associates of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk prelimi- nary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: 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 Bopok 17, Page 83. Subdivision E. The said improvement shall be designated as the ('1979 BDI Second Addition Improvements", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. ��77 PASSED AND APPROVED, ttf s /YdL day of // �iZac� 1979. A7ST;/. / _ - Mayar Fro tem Clerk -3- AHLERS, COONEY. DORWEILER. HAYNIE& SMITH. LAWYERS. DES MOINES. IOWA %� Council Member deProsse introduced the following Resolution and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: deProsse, Erdahl, Perret, Roberts, Balmer NAYS: none Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 79-209 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the 1979 BDI Second Addition Improvements, said valuation being set forth in a preliminary schedule entitled "Preliminary Assessment Schedule", under the column therein headed "Council Valuation": NOW, 'THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed to forthwith deliver the same to Shive-Hattery & Associates, the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which are to be prepared and filed with this Council. PASSED AND APPROVED, this 1S day of, 1979. M yar Proms em ATTEST: L�zGuy Clerk -4- AjHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA 7D % Council Member deProsse introduced the following Resolution and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Perret, Roberts, Balmer, deProsse NAYS: none Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 79-210 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS WHEREAS, this Council has caused to be prepared prelimi- nary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the 1979 BDI Second Addition Improvements, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and speci- fications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the -5- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA �7 70 / Engineer's plat, be and the same are hereby fixed as the boun- daries for said 1979 BDI Second Addition Improvements. PASSED AND APPROVED, this /S&� day of , 1979. ATTEST: Clerk '_,Mayor PrD_IUD) AHLERS. GOONEY. DORWEILE R. HAYNIE 6 SMITH, LAWYERS, DES MOINES. IOWA �� 1 Council Member Perret introduced the following Resolution entitled "RESOLUTION OF NECESSITY" and moved that it be proposed. Council Member deProsse seconded the motion. The matter was discussed and the roll being called, the vote was, AYES: Perret, Roberts, Balmer, deProsse, Erdahl NAYS: None Whereupon, the Mayor declared the motion adopted and the resolution to have been introduced and proposed as follows: Resolution No. 79-211 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1979 BDI Second Addition Improvements, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the 1979 BDI Second Addition Improvements, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described as follows: -7- AHLERS, GOONEY. DORWEILER. HAYNIE h SMITH. LAWYERS. DES MOINES. IOWA 7d 7 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 Bopok 17, Page 83. Said improvements within said District are located and described as follows: The proposed site improvements consist of constructing a reinforced concrete box culvert, storm sewer, sanitary sewer, water main, portland cement concrete paving, modificiations to the existing lift station, and sanitary force main, together with the required grading and related work on the following street: Heinz Road extended from the end of existing pavement (South line of Lot No. 6) Northwesterly 780 feet. The method of construction shall be by contract. Costs of said improvements will be assessed to the proper- ties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 258 of its value on the date of its assessment.Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Street Improvement Bonds issued against assessments on benefited properties and the me AHLERS. GOONEY. DORWEILER, HAYNIE B SMITH. LAWYERS, DES MOINES. IOWA 7/0 total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that property owners subject to assessment have waived all objections pertaining to the regu- larity of the proceedings and the legality of using special assessment procedure and have waived hearing and notice on this Resolution of Necessity, which waivers are hereby approved. APP NVED AND PROPOSED at a meeting held on the /J Z/ -day of 1979. //Mayor pro tem ATTEST: Clerk AHLERS. COONEY. DORWEILER, HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA 7�/ RESOLUTION NO. 79-212 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF 1979 RDT Second Addition 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 29thday of May , 19 79 , 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 deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 15th day of May , 19 79 - '7 n i V Mayor Pro fom ATTEST: � �/r.P ( �'��'� -- . RECEIV:D & 6.JF'LZDlF17 City Clerk/ $Y 1A LEGAL bEFAXWW c RESOLUTION NO. 79-213 RESOLUTION'APPROVING PPELIMINARY PLANS,SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF 1979 BDI Second Addition ImDrovements 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 he in the amount of $15,000.00 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 leas than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bide 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 June , 1979. Thereafter, the bids will be opened by theme 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 12th day of June , 19 79 . 7/1 Page 2 Resolution No. 79-213 It was moved by deProsse and seconded by Erdahl that the Resolution as rea e a opte , and upon roll ca t ere were: I AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl xNeuhauser x Perret x Roberts x Vevera Passed and approved this 15th day of May , 1979. —� Z MAYOR Pro tcM ATTEST: CITY CLE RECEIVED 8 BY THE IXZU DZPARTUMT RESOLUTION N0. 79-214 RESOLUTION ACCEPTING THE AURK FOR TRANSIT BARN VENTILATION PROJECT AS DONE BY UNIVERSAL CLIMATE CONTROL, INC. WHEREAS, the Engineering Department has recommended that the im- provement covering the Transit Barn Ventilation Project as included in a contract between the City of Iowa City and Universal Climate Control of Iowa City, Iowa dated August 17, 1978 , 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 deProsse that the resolution as read be adopt , and upon roll call ere were: AYES: NAYS: ABSENT: BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this of May , 1979. � ATTEST: �� /� r r . ' �r,' / City Clerk l Rernived 8, Approved By The Legal Departrn3nt 7/,3 RESOLUTION NO. 79-215 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Pester Derby Oil Co. dba Pester Derby, 606 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by -Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of May , 19 79 . Attest: City Clerk Mayor RESOLUTION NO. 79-216 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persocis at the following described location: Pester Derby Oil Co. dba Pester Derby, 606 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x deProsse x Erdahl Neuhauser x Perret x Roberts x Vevera x ABSENT: x Passed and approved this 22nd day of May , 19 79 . Mayor Attest: OL ZL L.. City Clerk J RESOLUTION NO. 79-217 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLIC= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveFTor the following named person or persons at the following described location: George Robert -Dane dba The Nickelodeon, 208 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as reYe--adopted, and upon roti—call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of May , 19 79 Mayor Attest: City Clerk 174 RESOLUTION NO. 79-218 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiLATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approveTifor the following named person or persons at the following described location: Boulevard Room, Ltd. dba That Bar/That Deli, 325 E. Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Balmer and seconded by Neuhauser as regia 5e adopted, and upon—T-31T—c=a Passed and approved this AYES: NAYS: ABSENT: x x 22nd day of Mayor May 19 79 Attest: O�L City Clerk ��9 x x x x x 22nd day of Mayor May 19 79 Attest: O�L City Clerk ��9 11 y d� RESOLUTION NO. 79-219 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Boulevard Room, Ltd. dba That Bar/That Deli, 325 E. Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of May , 19 79 Mayor Attest: CSF fie__ City Clerk 7a6 RESOLUTION NO. 79-22C RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCAITO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �� Liquor Control License application is hereby approve? -for the following named person or persons at the following described location: John Kane and Tim Kane dba Kanes' Depot, 114 Wright St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It;was moved by Balmer and seconded by Neuhauser that the Resolution ass re��E—eadopted, and upon -Holl -c=a there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 22nd day of May 19 79 Mayor Attest: City Clerk %Z/ RESOLUTION NO. 79-221 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: Boulevard Room, Ltd. dba/ That Deli/That Bar, 325 E. Market St. It was moved by Balmer and seconded by Neuhauser that the Resolution as read e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser is Perret x Roberts x Vevera x Passed and approved this 22nd day of May 197 9 . Attest: &- City Clerk Mayor /2� /,-/, RESOLUTION NO. 79-222 RESOLUTION DIRECTING CITY CLERK TO READVERTISE NOTICE TO BIDDERS, FIXING TIME AND PLACE FOR RECEIPT OF BIDS, AND ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID FOR THE CONSTRUCTION OF THE SERVICE BUILDING ROOF REPAIR PROJECT, PHASE 2 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, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project were approved by City Council by Resolution #79-144 on April 3, 1979, and WHEREAS, no bids were received on April 18, 1979, and staff would like to readvertise for bids. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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. 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 $1,200.00 payable to the Treasurer, City of Iowa City, Iowa. 3. 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 June, 1979. 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 12th day of June, 1979. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 22nd day of May , 1979. ATTEST: zti ABBIE STOLFUS, CITY CLERK ROBERT A. VEVERA, MAYOR Receivod A,, Apprrnvl5d gy Legal . ((-1 f 1 ' sI�, �a3 / RESOLUTION NO. 79-223 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF RIVER CORRIDOR SEWER PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. 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 plane, 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 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 bide 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 2:00 PQM." on the 28th day of June 1929. 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 3rd day of '10Y , 1979 Received & App proved ByMh pas , (_el 17-21,1 Page 2 Resolution No. 79-223 It was moved by Perret and seconded bythat d�i the Resolution as rea eadopte-fc, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 22nd day of May , 1979. �s MAYOR ATTEST: (1 J-�. , Y < CITCL •' C las RESOLUTION NO. 79-224 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.0a to effectively administer the FAUS program in Iowa); and, . WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain property contained therein, and has reviewed the appraisals, and reports, and being familiar with the property identified below, desires to establish the Just Compensation for said property for the purposes of acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the prices and amounts opposite each parcel of land, and all interests therein, including improvements, buildings, and fixtures, identified below, is hereby declared to be the Just Compensation for the purpose of acquisition of each said parcel and all other interests. The Staff of the City is hereby authorized to begin negotiations for the purchase of said property and the Mayor and City Clerk are authorized to contract for the purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the acquisition of said property. This resolution certifies that the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Parcel 1 2 4 Real Estate Interest Owner Braverman Development Co. Paul M. Kennedy and Mary F. Kennedy Patricia W. Wade; Iowa Glass Depot, Gibson, Tenant Ron Wade, Tenant; Inc., Tenant; Robert 8 Southgate Development Co.; Food Host U.S.A., Inc., Lessee; Country Investments, Assignee; Wake -O -Iowa, a partnership consisting of Gary L. Wakefield and Bruce 11. Olson, Assignee; Country Kitchen of Iowa City, a partnership consisting of Ronald Novak and Richard Bowers. Just Compensation $ 20,700 20,800 167,900 84,900 I Res. No. 79-224 _Z_ Parcel Owner Just Compensation 10 Frantz Construction Co.; Sunmark Industries, Tenant; Ed Jones, Tenant $ 17,300 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 22nd day of May , 1979. ATTEST: City CleAk RECEIVED A APPROVED BY THE LEGAL DEPARTMENT 45 __11f - 730' Alc__ 7d 7 RESOLUTION N0. 79-225 NHEREAS, resolution No 79-158 authorized the Mayor to sign and the City Clerk to attest an agreement with Bill Mihalopoulos regarding the construction and maintenance of sidewalk vaults, and IgUU EAS, the maintenance of $500,000. personal injury liability in- surance coverage will create a hardship for Mr. Mihalopoulos. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOP7A CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest an amended agreement with Bill Mihalopoulos regarding the construction and maintenance of sidewalk vaults which reduces insurance coverage from $500,000. to $300,000. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 2 2nd day of May , 1979. MAYOR ATITST: CITY CLERK RECEIVED 6 LJFR0ED BY THE 133 b . DEP6RWIT. /71 d vIISSION AND INDEMNIFICATION AG MNT WHEREAS, the City of Iowa City is a municipal corporation having full title and control of all public streets, alleys, and public ways; and WHEREAS, the undersigned, being owners/Tenants of the following described real estate, to -wit: Beginning at the Northeast corner of Lot 1, Block 80, Original Town of Iowa City, Iowa, according to the recorded plat thereof, thence West 67 feet, thence South 40 feet, thence Nast 67 feet, thence North 40 feet to the place of beginning. WHEREAS, the undersigned are engaged in and conducting the following business at the above location: Best Steak House at 127 Iowa Ave., Iowa City, Iowa; and WHEREAS, in order to facilitate access to and from said business and to provide for the expeditious loading and unloading of merchandise and wares; and WHEREAS, the City of Iowa City, Iowa, is responsible for the care, super- vision, and control of public grounds, streets and sidewalks. NOW, THEREFORE, be it stated that the City of Iowa City hereby grants Bill Mihalopoulos permission to construct and maintain a sidewalk vault subject to the following conditions: 1. The undersigned agree to construct and maintain sidewalk vaults located at Dubuque St. and Iowa Avenue. 2. Said construction be under the direction of the City Engineer. This direction shall consist of an occasional inspection of the work in progress, but shall not relieve or release the undersigned of its responsibility that the vault be constructed pursuant to all applicable laws. 3. This permit shall be valid for a period of 10 years, from the date of issuance subject to revocation by either party upon thirty (30) days written notice. �a y z. 4. The undersigned agrees to relocate or remove said vault at own cost and expense upon written notice by the City of Iowa City. Said relocation or removal shall be accomplished within (30) days of the datq of written notification. The undersigned further agrees to replace and reconstruct the sidewalk upon said relocation; or removal at own cost and expense. 5. The undersigned hereby agrees to indemnify, defend and save harmless the City of Iowa City, its agents, officers, and employees, from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the construction, use, maintenance, and removal of said vault, including losses resulting from but not limited to leakage, injury to property and persons. This permission shall cone into full force and effect. upon the filling by the undersigned, in the office of the City Clerk, a liability insurance policy, executed by a company authorized to do insurance business in the State of Iowa in a form approved by the City Manager. The minimum limits of such policy shall be as follows: To cover the insured's liability for persona]. injury or death in the amount of three hundred thousand ($300,000.) dollars and for property damage in the amount, of ten thousand ($10,000) dollars. Each policy shall contain the following endorsement: "It is expressly understood and agreed that this policy shall insure against all claims, suits, damages, costs, losses and expenses resulting in any manner from, arising out of or connected with the construction, use, maintenance, and removal of sidewalk vaults located at Dubuque St. and Iowa Avenue and used in conjunction with the insured's business." 3. "It i5 further understood and agreed that lx)fore the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be given thirty (30) days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation of this policy shall not be affected by an act or omission of the nwa-d insured, or any employee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the insured in payment of the premium, nor in the giving of any notice required by said policy, or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the insin•ed." The failure of the undersigned to maintain such it policy in full force and effect shall be grounds for revocation of permission by the City of Iowa City, Iowa, as provided above. Dated this 07. day of y , 19-�f. • ATIUT: MAYOR ATTEST: % CITY CLERK ,731 d. STATE OF IOWA )ss: OC(W1Y Or JOHNSON ) On this 2'3AI day of in the year 19 %[, before me, a noLauy public in and for said county of Johnson, State of Iowan� residing therein, duly commissioned and sworn, personally Dappeared p /LG �a �CI , Zlp per_ known to me to be the Mayor, and known to me to be the City Clerk of the City of Ioiva 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. Notary public in and for ohnson CcunLy, State of Iowa STATE OF IOWA ) )ss: COUNTY Or JOHNSON ) On thiso2, day of 19%?, before me, the undersigned, a Notary Public in and for said County and State, personally appeared% 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 his voluntary act and deed. Notary PubLic in and for John County, State of Iowa 113.)- RISOLUTION NO. 79-226 RESOLUTION AUT110R1ZING D9JLiIT'ION OF AGRLTMI--Nr CLARIFYING OON1'RACTUAL RUO)IF,S OONCERNING AN URBAN M7NEWAL CONTRACT BEI14I:ET1 lilts CITY AND OLD CAPITOL ASSOCIA'T'ES DATM FEBRUARY 7, 1978. W111IlEAS, the City of Iowa City, Iowa, a municipal corporation acting as the local public agency (City), and Old Capitol A-5soc:iates, a joint venture (Old Capitol), entered into a real estate contract concerning blocks 83 and Bib in Iowa City, Iowa, dated February 7, 1978, and MMIEAS, due to a question of interpretation of the said contract, the parties deem it desirable to enter into this agreement concerning the remedies of the City under the contract. NOW, '11TL1IMHE, BE IT lu-SOLVE) 13Y 71II, all CIL OF THE CITY OF IGVA CITY, IOWA: 1. '111;lt the hiayor is authorized to sign, and t:hc City Clerk to attest, ;in at.,ru(iiient Lx�twecn the City and Old Capitol, which agreement is attached to this resolution :Ls Exhibit A, and by this reference made a part hermf. `L. Tha.t the Mayor is authorized to sign, and the City Clerk to attest, this resolution. 3. lliaL the City Clerk is directed to certify a copy of this resolution to the Recorder of Johnson County, Iowa. 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: Balmer deProsse _ x Trdahl x Neuhauser x _ _ _ ___Perret x Roberts x -- ---Vevera l.issc:d :md approver] this 22nd day of May, 1719. -- MAYOR � royten. ATI ESS: a—&Z— CITY CLERK •,fes-l� •.�1~ �1"1��19 E X H I B I T " A" A G R E E M E N T On this 16th day of May, 1979, the following agreement is entered into by the City of Iowa City, Iowa, a municipal corporation acting as the local public agency (City), and Old Capitol Associates, a joint venture (Old Capitol), as follows: In addition to the remedies provided in sec- tion 705 of the contract between the parties dated February 7, 1978, both parties interpret the contract of February 7, 1978, to mean that in the event of a resale of the property under section 705, the City shall have the right to retain $59,500 (fifty-nine thousand five hundred dollars) out of any sale proceeds, before making any reim- bursement of the purchase price or other cash invested in the property to Old Capitol or its suc- cessors in interest. OLD CAPITOL ASSOCIATES CITY OF IOWA CITY, IOWA By Old Capitol Business Center Comany (an Iowa Limited Partnership), A Partner __7 MAYOR, rq_oem By: ATTEST: Wil eda Hieronymus, CITY CLERK Pr sident, Hieron, Inc., an Iowa corporation BY "— JayNk. Oehler, President Investments Incorporated, an Iowa corporation By Meadow Link, Incorporated, an In lana corporation, A Par tn�r Ivan Himmel, President RECEIVED & iRTEu'lY� 7,3�1 STATE OF IOWA ) ) ss. JOHNSON COUNTY ) On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Wilfreda Hieronymus, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that she is the President of HIERON, INC. (herein called "Hieron"), that, Hieron is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Hieron, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Hieron, OCBCC and Old Capitol Associates by her,it and them voluntarily executed. My Commission Notary Public in and for the Expires: X /,/.,°c, -;(o State of Iowa STATE OF IOWA ) ) ss. JOHNSON COUNTY ) On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Jay C. Oehler, (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of INVESTMENTS INCORPORATED (herein called "Investments"), that Investments is a General Partner of OLD CAPITOL BUSINESS CENTER COMPANY (herein called "OCBCC") an Iowa Limited Partnership; and that OCBCC is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by OCBCC as a Joint Venture Partner by Investments, a General Partner of OCBCC, by Declarant, as its President; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of Investments, OCBCC and Old Capitol Associates by him, it and them volun- tarily executed. 9- r •'�2 c My Commission Notary Public in and for the Expires:, ,• / ,+. /r/•- State of Iowa STATE OF IOWA ) ) ss. JOHNSON COUNTY ) On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Ivan Himmel (herein called "Declarant"), to me personally known, who being by me duly sworn did state that he is the President of MEADOW LINK, INCORPORATED, an Indiana corporation (herein called "Corporation"), that the Corporation is a Joint Venture Partner of OLD CAPITOL ASSOCIATES, a Joint Venture Partnership and that the foregoing instrument was signed on behalf of Old Capitol Associates by the Corporation by Declarant; and Declarant acknowledged the execution of said instrument to be the voluntary act and deed of the Corporation and Old Capitol Associates by him and it volun- tarily executed. My Commission Expires:;/� STATE OF IOWA ss. JOHNSON COUNTY n Notary Public in and for the State of Iowa On this 16th day of May, 1979, before me a Notary Public in and for the State of Iowa, personally appeared Robert A. Vevera, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by vir- tue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. My Commission Expires: Notary Public In and for the State of Iowa STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this day of May, 1979, before me, a Notary Public in and for the State of Iowa, personally appeared John R. Balmer, Mayor Pro Tem of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have at Iowa City, Iowa, the day and yea r My Commission Expires: 9— �?o }jo hereunto set my hand and Notarial Seal last bove written. ,y ,,c Ce Notary Public in and for tWAtate of Iowa X37 RESOLLTION N0. 79-227 RESOLUTION ADOPTING SUPPLLT= NUMBER ONE TO TIIC CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the first supplement to the Code of Ordinances of the City of Iowa City, Iowa, and W ERFAS, it is deemed appropriate to adopt supplement number one by resolution as a part of the said Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number one 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 hereby authorized to sign, and the City Clerk to attest, this Resolution. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 22nd day of May 51979. MAYOR ITY CLERK YECZfVW.6 AID PPROV BL T!Z` �HTMT. %3S� RESOLUTION NO. 79-228 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: Regal Vending dba Kanes' Depot, 114 Wright St. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: X X X X X X Passed and approved this 19 79 . ayar pro tem X 29th day of May , Attest: L"- c�Li City Clerk 731,:;, Y/ 4 - r: `-4 RESOLUTION NO. 79-229 RESOLUTION ADOPTING PLANS, SPECIFICATIONS & FORM OF CONTRACT FOR BDI SECOND ADDITION IMPROVEMENTS, IOWA CITY WHEREAS, on the 14th day of May , 1979 , plans, specifications and form of contract were filed wit the Clerk of Iowa City, Iowa, for the construction of the BDI Second Addition Improvements in Iowa City wit Tin Iowa City, Iowa; and WHEREAS, notice of hearing on plans, specifications and form of contract was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications and form of contract are hereby approved as the plans, specifications and form of contract for said improvements. PASSED AND APPROVED, this 29th day of May , 19.79 It was moved by Neuhauser , seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x —x— x X- _ x x x Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera i Ma or pro ,tem ATTEST:& City C erk Received & Approved B Q Legal S�25l19 ent RESOLUTION NO. 79-230 RESOLUTION AUTHORIZING EXECUTION OF INDEMNIFICATION AGREEMENT IN CONNECTION WITH SALE OF URBAN RENEWAL LAND. WHEREAS, the City of Iowa City is in the process of selling land located in Blocks 83 and 84 in Iowa City to Old Capitol Associates and assigns in connection with Urban Renewal project Iowa R-14, and, WHEREAS, the banking institution making a land loan to the buyers to finance the purchase of this land has requested that a quiet title action be instituted in order to lay to rest any claims arising out of certain transactions in the chain of title, and, WHEREAS, the buyers have agreed to institute and complete this quiet title action at no expense to the City, and, WHEREAS, the buyers' lender does, however, insist upon being indemnified in the event of any claims which might arise prior to the completion of said quiet title action, and, WHEREAS, the City of Iowa City desires to facilitate this land transaction in order to permit commencement of construction on this major element of the Urban Renewal project as soon as possible. NOW, THEREFORE, BE IT RESOLVED that the attached indemnity agreement be approved and the Mayor and City Clerk are hereby authorized to sign the same on behalf of the City of Iowa City. It was moved by Perret and seconded by deProsse the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse T— Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 2 ATTEST: 12&- A CITY CLERK RECEIVED 8 APPROVED BY THE IZG#L D AR. RNB spmj-19 7 yi INDEMNIFICATION The City of Iowa City, Iowa, being the owner of the real estate described in Exhibit "A" attached hereto and by this reference made a part hereof, subject to a contract for the sale thereof to Old Capitol Associates, a joint venture, under Instrument dated February 7, 1978, recorded on July 20, 1978, in Book 524, page 75, Records of the Recorder of Johnson County, Iowa, does hereby agree to indemnify and hold harmless Old Capitol Associates, Old Capitol Center Partners, and Iowa State Bank & Trust Company, Iowa City, Iowa, their successors in interest, and assigns from any and all claims for damages arising by reason of any defect in the title of the undersigned in and to Lot 1, Block 84, Original Town of Iowa City, Johnson County, Iowa, from the date that a deed is issued by the undersigned conveying said real estate to Old Capitol Associates until such time as an action has been completed quieting title in Old Capitol Center Partners, PROVIDED that said quiet title action is diligently pursued by Old Capitol Associates at no expense to the City of Iowa City, Iowa. ATTEST: (?/Jz'�- t4 a Abbie Stolfus, City Irerk CITY OF IOWA CITY, IOWA R. Balmer, Mayor Pro Tem RECEIVED& APPROVM BY THE TZGATi n��A RR3 5J -Li "19 74/"7- EXHIBIT "A" Beginning at t':e Northeast corner of Block 84, Original Town, Iowa City, Johnson County, Iowa as shown on plat recorded in Johnson County Recorder's Office Boo.{ 1, Page 116, said point being the intersection of the existing Westerly right-of-way line of Clinton Street with the existing Southerly right-of-way line of Washingf-on Street; - thence South 527.60 feet along said existing Westerly right-of-way line of Clinton Street to a point (this iS an assumed bearing for purposes of this description only); thence West 341.89 feet to a point of intersection with a line parallel with and measured in a Westerly direction 20.00 feet perpendicularly from the existing Easterly right-of-way line of Capitol Street; thence North 548.16 feet along said line parallel with and measured in a westerly direction 20.00 feet perpendicularly from the existing Easterly right-of-way line of Capitol Street to a point of intersection with a line parallel with and measured in a Northerly direction 20.00 feet perpendicularly from the existing Southerly right-of-way line of Washington Street; thence South 890 54' 20" East 210.00 feet along said line parallel with and measured in a Northerly direction 20.00 feet perpendicularly fro_n the existing Southerly right -o£ -way line of Washington Street to a point; thence South 00 05' 40" West 20.00 feet to a point of intersection with . said existing Southerly right-of-way line of Washington Street; thence South 890 54' 20" East 131.93 feet along said existing Southerly right-of-way line of Washington Street to the point of beginning; and containing 184,581 square feet more or less; 7 y3 RESOLUTION NO. �g_?Z1 RESOLUTION AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS ON MAY 30, 1979 FOR THE PURPOSE OF PURCHASING FURNITURE AND EQUIR.IENT FOR THE SENIOR CENTER WHEREAS, Resolution number 78-297 authorized the City Manager to file an application to the Iowa Commission on Aging for an award under the Older American's Act for FY79 State Senior Center funds in the amount of $38,666.00; and, WHEREAS, all funds must be obligated by June 30, 1979. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Clerk be directed to advertise for bids on May 30, 1979, for furniture and equipment for the Senior Center. It was moved by PprrPt and seconded by Nauhaucar that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Balmer x deProsse _x Erdahl x Neubauser x_ Perret x Roberts X Vevera Passed and approved this 29jhday of May , 1979. -54 PAYOR pro a ATTEST: �� i ITY CLERK /' RECFIVF^ h STFt' T BY TEL IXi,, DIX R'73 al T, ; Z'i "tif� 71f �l RESOLUTION N0. 79-232 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Iowa De artment of Trans ortation , a copy of said being attac to is Reso utionand by this reference made a and, WHEREAS, the City Council deans it in the public interest to enter into said agreement with Iowa Department of Transportation regarding ownership, operation and maintenace of the street lighting system at the Interstate 80 and Dubuque Street interchange 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 Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. 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 dePROSSE x FOSTER X NEUHAUSER X PERRET X SELZER X VEVERA ATTEST: Passed and approved this 29th day of ty Clerk l ro mem 1979. Received & Approved By The Le I D partment �t3 5 zy �g 44-/;Ik A G R E E M E N T City Iowa City County Johnson Proj. No. I-80-6(57)248--01-52 Iowa D.O.T Agreement No. 78-14-216 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, Johnson County, Iowa, (hereafter City) as follows: 1. The City hereby transfers ownership of the lighting system at the intersection of Interstate 80 and the Dubuque Street Connection within the City to the D.O.T. 2. The D.O.T. will reimburse the City the energy/maintenance costs it has incurred, if any, for the lighting system at the said intersection subsequent to July 1, 1978. In the event the City has not paid the costs accumulated since July 1, 1978, to the serving utility company, the D.O.T. will so do directly upon receipt of billing from the utility company. 3. The City will submit its billing for reimbursement under 2 above to the D.O.T. Resident Maintenance Engineer located at Iowa City, Iowa. The City will furnish any support of its billing as may be requested by the Resident Maintenance Engineer. 4. Responsibility for energy and maintenance of the lighting system at the said intersection shall rest with the D.O.T., unless it is found to be invalid or unconstitutional under provisions of governing State of Iowa law. 5. The D.O.T. may at its option turn off portions of the lighting installation (and/or restore said lighting) when it is deemed in the public's best interest. The D.O.T. may also relamp the lighting installation for the conservation of energy or other reasons, utilizing high pressure sodium lamps and other appurtenances. The D.O.T. will make all arrange- ments for the above items at no expense to the City. 6. This Agreement supercedes Agreement No. 70-A-010, insofar as lighting is concerned, entered into by and between the City and the D.O.T. (formerly Iowa State Highway Commission) March 4, 1970, and April 1, 1970, respectively. 7y� 7 -2- 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. N17 Z %:7 County .Johnson Project No. I-80-6(57)248--01-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 78-14-216 as of the date shown opposite it's signature below. City _Iowa City BY: May 30 19 79 Title: Mayor Pro -Tem I, Abbie Stolfus , certify that I am the Clerk of the CITY, and that John R. Balmer, Mayor Pro Tem 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. 79-232 duly passed and adopted by the CITY, on the 29th day of May 19 79 Signed City Cler}c of Iowa ity , Iowa May 30 , 19 79 IOWA DEPARTbIENT OF TRANSPORTATION BY:C,t De119-Lvelopment Support Engineer ` Highway Division Daa te ATTEST: BY: 1-.-1^�111C'7� ✓ l _ mac, BECLITLD b JPPYOVED BY THE LEGI.L DEPARTHEHT RESOLUTION NO. 79-233 RESOLUTION AWARDING CONTRACT POR THE CONSTRUCTION OF SERVICE BUILDING SANITARY SEWER EXTENSION 1979 WHEREAS, Rick Company 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 Rick Company Inc. for the amount of $19,293.15 , 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 upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x •VEVERA Passed and approved this 29th day of 19 79 `. MAYOR Prop tem ATTEST: CITY CLERKZ9 Received & Approved Ey T!i» LegL2-L( Dfpa9c�Icnt {� 5 _. 7 �9 RESOLUTION NO. 79-234 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, - WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain property contained therein, and has reviewed the appraisals, and reports, and being familiar with the property identified below, desires to establish the Just Compensation for said property for the purposes of acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the prices and amounts opposite each parcel of land, and all interests therein, including improvements, buildings, and fixtures, identified below, is hereby declared to be the Just Compensation for the purpose of acquisition of each said parcel and all other interests. The Staff of the City is hereby authorized to begin negotiations for the purchase of said property and the Mayor and City Clerk are authorized to contract for the purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the acquisition of said property. This resolution certifies that the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Real Estate Interest Parcel Owner Just Compensation 7 David Braverman and Edmund Gatens, Trustee of the D.J. Trust $107,800 �yo Res. No. 79-234 -2- It was moved by deProsse and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 29th day of ATTEST: City eryl 1979. IlFcy11't'n P. L:^n ; P 1 cR L i'a C , :t di1T 7s� RESOLUTION NO. 79-235 RESOLUTION OF APPROVAL OF CLASS B Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class R Lin or Sunday Permit application is hereby approved for the following named person or persons at the following described location: Howard Johnson Co. and McLean Enterprises, Inc. dba Howard Johnson's Restaurant, North Dodge St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse AYES: NAYS: x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19 79 Attest: t(G City Clerk ABSENT: 5th day of June , /2- RESOLUTION NO. 79-2 _ :236 RESOLUTION APPROVING CLASS B LIQUOR CONTROL LICENSE APPLTUTTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Liquor Control License application is hereby approv�Tor the following named person or persona at the following described location: Howard Johnson Co. and McLean Enterprises, Inc. dba Howard Johnson's Restaurant, North Dodge St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by Perret and seconded by Erdahl that the Resolution as ren3- ee adopted, and upon ro3 ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 5th day of June lg 79 Attest: City Clerk 14 RESOLUTION NO. 79-237 RESOLUTION AUTHORIZING THE CITY CLERK TO SET A PUBLIC HEARING ON WHETHER A BEER PERMIT ISSUED TO DONALD J. STUCKER, dba/FIRST AVENUE KERR-McGEE, SHOULD BE REVOKED OR SUSPENDED FOR VIOLATION OF LIQUOR REGULATIONS. WHEREAS, on July 12, 1978, the City Council issued a beer permit to Donald J. Stucker, dba/First Avenue Kerr-McGee, for the purpose of selling beer pursuant to State and local laws, and WHEREAS, pursuant to State law and municipal ordinances the City Council may suspend or revoke any beer permit issued for violations of State and local laws, and WHEREAS, the Police Chief has alleged that Donald J. Stucker, dba/First Avenue Kerr-McGee has violated Section 5-2(5) of the Code of Ordinances of Iowa City by selling beer to minors on May 18, 1979. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that the City Clerk set a date for a public hearing on whether the beer permit issued to Donald J. Stucker, dba/First Avenue Kerr-McGee, on July 12, 1978, should be suspended or revoked; and FURTHER, that the City Clerk give written notice to Donald J. Stucker, dba/First Avenue Kerr-McGee, of said hearing. It was moved by Perret and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES:_ NAYS: ABSENT: x Balmer x deProsse _ x Erdahl X, Neuhauser x Perret x Roberts x Vevera Passed and approved this 5th day of June, 1979. AYOR Projem ATTEST: CITY CLERK RECFIVF^ b APFRO n{D BY TEE IF,GAL DFPGB;IENT- 7S� - 7"" RESOLUTION NO. 79-238 RESOLUTION APPROVING FINAL PLAIT VILLAGE GRBEN, PART X WHEREAS, the owner and proprietor, Iowa City Development Company, has filed with the City Clerk the peat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at an iron pin in the concrete pavement of Muscatine Avenue marking the center of Section 13, T 79 N, .R 6 W, of the SthaP.M, in the City of Iowa City, Iowa; Thence S 00 39' 00" W - 2210.00 feet along the West line of the SE 1/4 of said Section 13 to an iron pin at the Southwest corner of Village Green Part NINE ging also the Point of Beginning; Thence N 72" 39' 00" E - 337.00 feet along the Southeasterly line of said Village Green Part NINE to an iron pin;, Thence N 30" 21' 04" E - 303.21 feet along the Southeasterly line of said Village Green Part NINE to an iron pin; Thence N 81" 02' 34" E - 162.17 feet along the Southeasterly line of said Village Green Part NINE to an iron pin; Th<nce N 51" 04' 53" E - 60.00 feet along the Southeasterly line of said Village Green Part NINE to an iron pin; Thence S 380 55' 07" F. - 104.42 feet to an iron pin; Thence Southeasterly 150.02 feet along a 1,000.00 foot radius curve concave Northeasterly which chord bears S 43" 12' 59" E - 149.88 feet to an iron pin; Thence S 42® 29' 10" W - 118.22 feet to an iron pin; Thence S 49" 56' 12" W - 108.00 feet to an iron pin; Thence S 45" 32' 17" W - 65.19 feet to an iron pin; Thence S 28" 53' 14" W - 96.25 feet to an iron pin; Thence S 000 39' 00" W - 387.83 feet to an iron pin on the South line of the SE 1/4 of said Section 13, Thence S 89" 57' 18" W - 595.04 feet along said line to an iron pin at the S.W. corner of the SE 1/4 of said Section 13; Thence N 00" 39' 00" E - 440.32 feet along said West line of SE 1/4 to the Point of Beginning. Said tract contains 9.65 acres. HHEREAS, said property is owned by the above named cor- poration and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was 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 ofl"' Iowa City, Iowa, that said plat and subdivision located on the �, f above described& property be, and the sash is hereby approved, and o 0 Res. No. 79-238 -2- the dedication of the streets and parks 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 Johnsc• unty, Iowa. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute on behalf of the City of Iowa the agreement regarding the installation of municipal improve- ments within Village Green. The foregoing resolution was move,' by Neuhauser and seconded by Roberts at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on th© 5th day of June , 1979, commencing at 7:30 P.M. Upon roll call, the following vote was taken. dePROSSE PERRET ROBERTS MW Aye x Nay Absent _ Aye Nay Absent x Aye x Nay Absent Aye x Nay Absent Aye x Nay Absent Aye x Nay Absent Aye Nay Absent x The foregoing is hereby duly certified by Linda Schreiber 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 5th day of June , 1979. .**} City Clark of Iowa City, Iow4 j Passed and approved this day of ,tune i>1979. D is=; c AT-TESTa µ city cleric ]CEI b DF3kina'r PI 75� RESOLUTION NO. 79-239 RESOLUTION ESTABLISHING PLAN CHECK FEES FOR THE UNIFORM BUILDING CODE OF THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City has established plan check fees for building construction, and, WHEREAS, the payment of a plan check fee is necessary to offset the administrative cost of such plan and code review, and WHEREAS, it is necessary to establish a method for assessing plan check fees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that: The fees for plan checking shall be as follows: The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The valuation to be used in computing the plan -check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent work or permanent equipment. Plan -check Fees. All new construction shall be charged a plan - check fee as follows: 1. For single family and duplex dwellings the plan -check fee shall be considered as 50 percent of the building permit fee; 2. Plan -check fees for all other buildings shall be 65 percent of the building permit fees. 3. Remodeling or repair work valued less than $15,000.00 shall not be assessed a plan -checking fee. Expiration of Plan Check. Applications for which no permit is issued within 180 days following the date of application shall expire and plans submitted for checking 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 180 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 -check fee. 7J-12 RESOLUTION ..__ 79-239 Page 2 If the applicant for a building permit cancels the building permit or the application for same, all plan -check fees assessed to part of the permit application shall be retained by the City. It was moved by Perret and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x —_ Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 5th day of June, 1979. M PrOotetn ATTEST: r'� CITY CLE K /I&ECEnT.. 16E LEGAL RESOLUTION No. 79-240 RESOLUTION AUTHORIZING EXEC[TTION OF AGREEMENT FOR ENGINEERING SERVICES -RALSTON CREEK VILLAGE SEWER RELOCATION TdfEREA.S, the City of Iowa City, Iowa, has negotiated a n agreement With Shoemaker & Haaland, Coralville , a copy of said agreemen being attached to this Resolution and by this reference made a�; and, MEMAS, the City Council deems it in the public interest to enter into said agreement for engineering services for the Ralston Creek Village Sewer Relocation 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 agreement With Shoemaker & Haaland. Coralville, Tnwa 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It Was mored by Ne�ha rl and seconded by Roberts the Resolution be adopted, and upcm roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 5th day of June , 1979. Mayor %em ATTEST: City Clerk +uswpad90 in" 84l A9 p:Awddy ig panlaa3y '76-1 ,t_ - rte AGREEMENT (RALSTON CREEK VILLAGE SEWER RELOCATION) This Agreement, made and entered into this Slf day of 19//99, by and between the City of Iowa City, a municipal co poration, hereinafter referred to as the City and Shoemaker & Haaland of Coralville, Iowa, hereinafter referred to as, the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts: a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. I. SCOPE OF SERVICES The City has recently granted preliminary approval of a Large Scale Residential Development (LSRD) entitled Ralston Creek Village. As one condition of approval, the City will receive easements along the western perimeter of the property for the relocation of a major sanitary sewer (approximately 420' of it). Currently, a 42 inch diameter R.C.P. bisects the parcel, and if left in place, would lie below two apartment buildings. The design work associated with rerouting the sewer is the essence of this agreement. The Scope of Service shall include a preliminary phase, a design phase, and a construction phase which are further defined as follows: Preliminary Phase In this phase the Consultant shall review all pertinent information with City staff regarding the relocation. The consultant shall obtain enough field information to determine the feasibility of the project, initial design considerations, preliminary locations and an associated cost estimate. This information shall be portrayed in a drawing with a scale equal to 1" = 20'. Five copies of the plan shall be submitted to the City for review purposes. The preliminary plan shall include, but not limited to, elevations, typical cross-sections, utilities, property lines, material selection, pipe siting and slopes and surface information (existing and proposed). Desion Phase After City approval of the preliminary design and cost estimate and upon written notice to proceed, the Consultant will begin the design phase which will include: a. Preparation of detailed contract drawings; b. Preparation of specifications and contract documents. The Consultant will insure that the contract documents will meet all requirements of the City's affirmative action and equal opportunity program. The Consultant will coordinate with the Human Relations Department to insure that all required non-discrimination and equal opportunity statements or affirmative action programs are included in the contract documents; 7&'d F c. Furnishing the City with two (2) copies of the specifications and contract drawings for a final review by the City. The Consultant will obtain project approval from other agencies after City review and approval as required; and d. Preparation of completion of estimate will percent. a final Construction final design. This include a bidding Cost estimate upon Construction Cost contingency of ten If the lowest bona fide proposal or bid exceeds the estab- lished Construction Cost limit, City shall (1) give written approval to increase such cost limit, (2) authorize negotiating or rebidding the project within a reasonable time, or (3) cooperate in revising the project scope or quality. In the case of (3), Consultant shall, without additional charge beyond the maximum cost defined in this agreement, modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. e. Scale shall be 1" = 20'. Construction Phase The Consultant will provide the following services under this phase upon written notice from the City: a. Assist the City in securing bids and provide and issue bid documents for contractors. b. Tabulation and analysis of bid results and furnishing recommendations on the award of the construction contacts; C. Assistance on the preparation of the formal documents for the award of the contracts; d. Consult and advise the City during construction relative to this project. e. Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; f. Checking detailed construction drawings and shop and erection drawings and change orders submitted by contractors for compliance with design concept (excluding pay estimates); g. Reviewing laboratory reports, materials and equipment; h. It is intended that the City's Engineering Division will be responsible for the resident project inspection. However, the Consultant will make periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the contract documents. He shall advise the project inspector of any deficiencies noted or anticipated during the periodic visits; and i. Make a final inspection report to the City upon completion of the project. Special Services Upon request the Consultant agrees to furnish special services. Such special services may include: 76 / 3 a. Soil investigation, including test borings, related analysis and recommendations; b. Land surveys, title and easement searches and descriptions of bourdaries and monuments and related office computations and draftings; C. Technical observation by a Resident Project Representative and supporting staff as required who will observe the work for compliance with Contract documents, and provide construction record drawings of the completed projects. Specific duties shall include but not be limited to (1) setting of lines and grades as construction proceeds; (2) revision of contract drawings to show location and nature of improvements as actually constructed; and d. Assist the client as expert witness in litigation arising from the development or construction of the project and in hearings before various approving and regulatory agencies. II. TIME OF COMPLETION The Consultant will complete the phase of this project within the times listed below: Preliminary Phase - 30 days after signing of this contract. Design Phase - The design phase of the project shall be done 30 days after approval of the preliminary phase. Construction Phase - The Consultant shall include appropriate construction times in the job specifications. III GENERAL TERMS 1. Should the Consultant or the City terminate the contract, said Consultant shall be paid on the basis of direct personal expense as herein attached times a multiplier for the various classes of personnel actively engaged on the project for all work completed and for all work and services performed up to the time of termination; however, such sums shall not exceed the "not to exceed" amounts listed in Section IV. Either party may terminate this Agreement upon five (5) days notice. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 3. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 4. It is agreed by the City that all records and files pertaining to information needed for said project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the ordinances of the City of Iowa City, Iowa. 6. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall 4 be given with reasonable notice to the Consultant so that he/she may attend. 7. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use relative to the specific projects covered under this agreement. The Consultant shall not liable for use of such documents on other projects. 8. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 9. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 10.- Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 11. Original contract drawings shall be modified to reflect "as built" conditions and shall become the property of the City. The Consultant shall be allowed to keep mylar reproducibles for his files and use. 12." Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 13. Records of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertinent to the project, and records of accounts between the Owner and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized representative at mutually convenient times. 14. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the project for the following incidental expenses listed: a. Expense of transportation and living when traveling in connection with the project, long distance calls, and telegrams; b. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for Consultant's office use; C. Fees paid for securing approval of authorities having jurisdiction over the project. Fees paid by the Consultant for special consultants employed with City's approval for services other than those defined in this contract; and d. Extraordinary reimbursable expenses shall be approved in advance by the City. 15. It is agreed that the Department of Housing and Urban Development, the Comptroller General of the United States, or any other duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to this specific contract for the 7G 3 5 purpose of making audit -examination exerpts and transcriptions. IV. COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: Basic Services - For the preliminary phase, design phase, and construction phase the Consultant shall be paid a fee based upon 2.2 x Direct personal expense. The total fee for these phases shall not exceed $8,000.00. Not more than 30%, 80% and 100%, of the not to exceed figure shall be paid out prior to completion of the preliminary, design, and construction phases respectively. Special Services - Special services shall be compensated in the following manner: a. Soil testing services at approved flat rates. b. Full-time project representation shall be compensated at a fee based upon 2.2 x Direct Personal Expense. The Direct Personal Expense of all personnel classifications associated with this project shall be attached as Exhibit A. The City agrees to reimburse the Consultant for outside expense at cost. The Consultant shall furnish receipts of all outside expenses upon request. The "not to exceed" figures listed in this section refer only to Direct Personal Expense and do not include reimbursables. Reimbursable expenses are above and beyond the "not to exceed" figure. All fees will be billed and due payable monthly. With each billing the Consultant shall list the individual, the hours worked, and the hourly rate. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. It is further stated that there are no other consideration or monies contingent upon or resulting from the execution of this contract nor have any of the above been applied by a9Y/,pa-f�y to�tllkAgreement. FOR THE CITY: FO ATTEST: At y $ECIrIY&D 6FDE2 FR V15D L79(S4I TlT %� Y EXHIBIT "A" SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS June 1, 1979 Direct Personnel Expense Title $ / Hr. Principal- 19.23 Project Engineer, P.E. 13.70 Project Engineer, P.E. 11.54 Engineer, P.E. 10.82 Engineer, EIT 8.89 Land Surveyor, L.S. 8.41 Surveyor I 6.00 Surveyor II 4.75 Surveyor III 4.50 Draftsman I 7.50 Draftsman II 5.29 Draftsman III 4.00 Engineering Tech I 7.69 Engineering Tech II 5.00 Engineering Tech III 4.00 6j ' 416 RESOLUTION NO. 79-241 8 � J RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with,the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project I, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation of Offers to Purchase Land for Private Redevelopment; and, WHEREAS, Offers to Purchase Land for Private Redevelopment were received and opened by the City of Iowa City on September 15, 1977; and, WHEREAS, the City Council of the City of Iowa City is now desirous of selling disposition Parcel 82-1b to North Bay Construction Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Iowa City, a contract for Sale of Land for Private Redevelopment by and between North Bay Construction, Inc. and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Disposition Parce 82-1b as more particularly described in said contract.. Upon execution.of the contract by the City and North Bay Cons ti the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to North Bay Construction Inc. upon receipt of payment for said property. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted and upon roll call there were: 766 Res. No. 79-241 -2- AYES: NAYS: ABSENT: x Balmer x deProsse Fidahl x x Neubauser X Perret x Roberts x Vevera Passed and approved this 5th day of i ATTEST: City Cybrk 1979• RECEIYF;P � gnppn*JP;I) ?Y THF; LZ(' 'AL ; hi F?XKNT 76/7 Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between NORTH BAY CONSTRUCTION, INC. and The City of Iowa City, Iowa / ," 7/' Z� 11 /v P CONTRACT FOR L' SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part I1 annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the Ste"/ day of 19_2rl_, by and between the City of Iowa City, Iowa, q public body corporate (which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and North Bay Construction, Inc., a corporation organized and existing under the laws of the State of Iowa (hereinafter called "Redeveloper") and having an office for the transaction of business at 919 Talwrn Court in the City of Iowa City , County of Johnson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (herein- after called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, con- sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu- tion No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless other- wise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment in accordance with the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide and have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter called "Property") and to redevelop the Property for and in accordance with the uses specified in the Urban Renewal Plan and in accordance with the Agreement; and WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillmont generally of the Agree- ment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all the terms, covenants, and conditions of the Agree- ment, the City will sell the property described in Schedule A hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefore, the amounts set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amounts set forth in Schedule B, hereinafter called "Purchase Price," are to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to t e property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. X /�69 (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession or the property to the Redeveloper upon payment of the purchase• price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal oi'fice of the City and the Rodeveloper shall accept such conveyance and pay to the city at such time and place the purchase price in full for each parcel delivered. (c) Recordation of Deeds. The Redeveloper shall promptly file the Deeds for recordation among the land records of Johnson County, Iowa. The Redeveloper shall pay all costs (including the cost of the State documentary stamp tax on the Deeds, for which stamps in the property amount shall be affixed to the Deeds by the Redeveloper), for so recording said Deed. (d) Delivery of the Abstract. The City will furnish to the Rede- veloper in advance of the closing on each parcel, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstracts of title shall be at City expense and will be certified by a qualified abstracting company to the close of business as the closest practical date prior to the date of the deed of con- veyance. The cost of obtaining an attorney's examination of the abstracts for title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. (e) Delivery of Property. The City will deliver the property described OWE A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper to pay for and accept delivery of the urban renewal land as called for herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Rede- veloper, the Redeveloper shall have the option of rescinding the development contract only as to such parcels in default by causing a written notice to be served upon the City of the exercise of such option. Upon receipt by the City of this notice, the City shall have sixty (60) days to cure the default by tendering the property covered in the notice to the Rede- veloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its obligation to accept the parcel or parcels involved and the City shall, in such event, promptly refund that portion of the Redeveloper's deposit attributable to such parcels to the Redeveloper, It is expressly understood and agreed that the City shall have no other liability, direct or indirect, to the Redeveloper on account of delay or L 77l inability to deliver land to the Redeveloper as called for in this Agreement and the Redeveloper's remedy in the event of default by the City in delivery of urban renewal land is hereby specifically limited to rescinding the contract as to such land as provided in this paragraph. (f) Default by Redeveloper. In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of'property, as called for in this Agreement, the City may, at its option, call the entire Agreement, or the Agreement as it applies to any part of the property, in default, serve a proper notice of forfeiture upon the Redeveloper and terminate this Agreement in its entirety except that forfeiture of this Agreement shall not relieve the Redeveloper of the obligations imposed by this Agreement as to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of five thousand ($5,000) Dollars, (ten percent (10%) of the purchase price), in which the City is the obligee, issued by N/A a surety company regularly engaged in the issuance of such under takings and on the list of surety companies approved by the United States Treasury for at least such amount, or case, or a certified check satisfactory to the City in the amount of five thousand ($5,000) Dollars, herein- after called "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it.' (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in Sections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. L 77.2 (d) Return to Redevelopor. Upon termination of the Agreement as provided in Section 702 of Part 11 hereof, the Deposit shall be returned to the Rodeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (to be submitted by Developer with his proposal). Provided, that if a mortgage securing money loaned to finance the Improve- ments, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan Agreement approved by the Secretary of Housing and Urban Development. SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall submit Preliminary Design Plans as called for in Section 301 of Part II of this Agreement as soon as possible. after-t;he-t>:me-€er-senveyaaso-cot-£osth_in-Schedule-C _hereof, and-shabb-subm€t-sasb-pians->n-nc-quant-latas-then__-_---_--- (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part II of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than sixty (60) days prior to the time for start of construction called for in Schedule D hereof. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement. The Redeveloper shall submit corrected plans within thirty (30) days of said rejection. (d) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENTANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods thereafter, unless changed by the City Council. i 77.3 L SECTION 7. NOTICES AND DEMANDS. A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 919 Talwrn Court Iowa City. Iowa 52240 AND (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington St. Iowa City, IA 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. ADDED PROVISIONS A. Except as set forth in Schedule B of Part I of this Agreement, in the event the City determines within a period of five years from the execution of this contract to sell all or any portion of the West half of the Dubuque Street right-of-way between College Street on the North and the alley of Block 82 on the South, the Redeveloper shall be granted the first option to purchase said real estate at its then appraised value as submitted by a designated MAI appraiser and mutually agreeable to the City and the Redeveloper. The option granted herein shall expire unless sooner exercised by the Redeveloper within a period of 90 days following notification to the Redeveloper of the purchase price as determined by the appraisal and the purchase price shall be paid in cash or by contract as the City shall determine within a reasonable time after examination of the Abstract of Title. 77�1 B. The City agrees that it will not construct or permit the construction of any improvement above ground level except plant materials or furniture or fixtures installed as part of City Plaza, within twenty feet of the original boundary line of Parcel 82-1b, on the Dubuque Street right-of-way. C. The City shall, upon request by the Redeveloper, review construction plans for consistency with the preliminary design plans. If it is determined that the plans are not consistent, the City shall re- view and approve the changes in accordance with Section 301 of Part II hereof. D. The City shall,in addition to the procedures called for in Section 7 of Part I hereof, provide copies of all such notices or demands to any third party designated in writing by the Redeveloper. IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. 7J� ATTEST: CITY CLERK ATTEST: SECRETARY TY OF IOWA CITY. IOWA lii MAYOR Pro tc.n 4,x / REDEVELOPER / t PRESIDENT j JIECFIVED S ZPPROV'VV AY 'Cin. -- 7/71, 6911F:VII:K61: COUNTY 0 CORPORATE ACKNOWLEDGEMENT this q`( ' ��dayiof l�2 :ss A.D. , 19�7 /0,, before me fl a Notary Public, in and for the County of ' �„ � State of Iowa; Presiden , and �'�-, Secretary or -Treasurer, of� /�f�%� iY7, 2Lri.. , the Corpor- ation which executed t above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the ' — President, and Secretary or Treasurer, of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (Said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the excution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. MY C.' '. ;...'1 [u RES 5: f!�'^her 9J, 1779 IOWA STATE BANK & TF,UST COMPANY Iowa City, Iowa County, State'of My Commission expires 7%/" SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to wit: The east 38.50 feet of Lot 1, Block 82, Except, Commencing at a point 30 feet west of the northeast corner of said Lot I. thence east 30 feet, thence south 30 feet, thence northwest to the point of beginning, all in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. 7%4 SCHEDULE B PRICE OFFERED PARCEL NO. 82-1b PRICE $50,000 / 7! SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. 82-1b DATE Upon request of the Redeveloper, but not more than six months after execution of this agreement. %.fid SCHEDULE D Improvements of the parcel listed below will commence and be completed in accordance with the following schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 82-1b 120 days after Within one year after start the date of of construction, subject to conveyance. delays beyond the control of the Redeveloper as set forth in Section 708 of Part II of this Agreement. %9/ PART II OF CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between NORTH BAY CONSTRUCTION, INC. and The City of Iowa City, Iowa ILL ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT t SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City sha 1 convey and the redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressely agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings or other structures demolished or to be demolished in accordance with Section 101 hereof shall be borne by, and all income or salvage received as a result of the demolition of such buildings or structures shall belong to the City. S-ECTION 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS_. The City, wit out expense to t e Re eve oper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- location by the City or public utility company of such sewers, drains, water and gas distribution lines, electric, telephone, and telegraph lines and all other public utility lines, installations, and facilities as are necessary to be installed or relocated on or in connection with the Property by reason of the redevelopment contemplated by the Urban Renewal Plan and the development of the Property: Provided, that the City shall not be responsible for, nor bear any portion of the cost of, installing the necessary utility connections within the boundaries of the Property between the Improvements to be constructed on the Property by the Redeveloper and the water, sanitary sewer, and storm drain mains or other public utility lines owned by the City or by any public utility company within or without such boundaries, or electric, gas, telephone, or other public utility lines owned by any public utility company within or without such boundaries, and the Redeveloper shall secure any permits required for any such installation without cost or expense to the City. SECTION 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. • L The Redeve oyer hereby waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to awards of damages, if any, to compensate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 103 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document ,in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. TION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Redeveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the con- veyance of the Property by the City to the Redeveloper, the Re- developer shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the pur- poses of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to fully deter- mine the intentions of the redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance. The term "Improve- ments", as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements, as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improve- ments called for in this Agreement, submit for approval by the City Council preliminary design plans, and such other information as is necessary for the City Council to fully determine the intentions of the redeveloper. Such plans shall be submitted no later than the time specified therefor in Paragraph (a), Section 5, of Part I hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinances. The preliminary design plans, as defined herein, shall in any event, be deemed approved by the City Council unless rejection thereof in writing shall be set forth by the City within forty (40) days after the date of their receipt by the City Clerk. If the City so rejects such preliminary design plans in whole or in part, the Redeveloper shall submit new or corrected preliminary design plans which correct the defect set forth in the rejection, within the time specified therefor in Paragraph C, Section 5, of Part I hereof. The provisions of this section relating to approval, rejection, and resubmission of corrected preliminary design plans herein above provided with respect to the original plans shall continue to apply until the preliminary design plans have been approved by the City Council. All work with respect to the Improvements to be constructed or provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to make any cFanges in t e pre iminary design plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of (lousing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. ON 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees or itse f, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, set forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appro- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, II -4 7Q� that if there is upon the Property a mortgage insured, or held or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the deter- mination of the Federal Housing Administration as to such completion of the construction of the Improvements in accor- dance with the plans, and, if the other agreements and'covenants in the Agreement obligating the Redeveloper in respect of the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certifi- cation provided for in this Section. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I hereof, the Redeveloper may convey or lease as the Improvements to be constructed thereon are completed, the City will also, upon proper completion of the Improvements relating to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisions of the Agree- ment. Such certification shall mean and provide (1) that any party purchasing or leasing such individual part or parcel pursuant to the authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise with respect to any such individual part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or fail to provide any certification in accor- dance with the provisions of this Section, the City shall, within thirty (30) days after written request by the Rede- veloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeve;oper has failed to complete the Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. r -q 7,�77 ARTICLE IV. RESTRICTIONS UPON USF nr PROPERTY S_E_C_TION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, —ani itssuccessors ani assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself, and such successors and assigns, that the Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and (b) Not discriminate upon the basis of race, color, creed, religion, age, disability, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily leqible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereunder which prohibit the use of lead-based paint in residential structures under- going federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. ECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF ORATION. t is intended and agreed, and the Deed s a s —expressly prose, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in II -6 7 97k subdivisi b) of Section 401 hereof shall nain in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Redeveloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan" and "land use" referring to provisions of the Urban Renewal Plan, or similar language, in the Agreement shall include the land and all building, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica- tion, and not in restriction of, the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in sub- division (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interests of the community and other parties, public or private, in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or in an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER ECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represents and agrees that its purchase of the Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction II -7 7y/ involving or resulting in a significant change in the owner- ship or distribution of such stock or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, is for practical purposes a transfer or disposition of the Property then owned by the Redeveloper, the qualifications and identity of the Redeveloper, and its stock- holders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recog- nition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants in the Agreement. ON 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, t e Re eve oper agrees for 1tsef, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the foregoing reasons the Redeveloper represents and agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 79,4 made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any ,interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 306 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations under- taken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improve- ments, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for profit II -9 77 or to the issuance of the cert :ate of completion as seg forth in Section 306 of this ;,.cement. The City shall be entitled to increase the Purchase Price to the t_ Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this sub- division (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obli- gations with respect thereto. ON 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation OT the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and (b) the Redeveloper shall at such time or times as the City may request, furnish the City with a complete statement, sub- scribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their re- spective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of such interest, all as determined or indicated by the records of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. II -10 ARTIULL VI. MORTGAGE FINANCING; RIGH'j vr MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY_. Prior to the completion of the mprovements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or, any other Lrans- action creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided into several parts or parcels, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstandinq any tote provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (includ- ing any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provisi n of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. II -11 r//,3 ON 603. __ OF NOTICE OF DEFAULT TO MORT( -. Whenever the City sha de Iver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. TION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default re erre to in Section 603 hereof, each such holder .shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction—the Improvements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. TION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY. In any case, where, subsequent to default or breach by t e Re e- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or II -12 W (b) underLaKes construction or completion v. the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction -or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to comple- tion of the Improvements with respect to the Property by the Re- developer or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense „ if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improve- ments made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debt and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a �efau t or reach prior to the comp etion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obliqations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of inc u ing any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term "mortgage' shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation II -13 Iyj or conditior -ured by such mortgage or deed trust, including, but not limiLeo to, the Federal Housing Commi » uner, the Admin- istrator of Veterans Affairs, and any successor in office of either L such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agree- ment, in t e event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the rea- sonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Rede- veloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed shall be terminated,provided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. E_C_TION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to t e Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirty (30) days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the II -14 79� Deposit or any portion thereof may be rota ed by the City as liquiddted cLmiages and as it% property without any deduction,. ` offset, or recoupinent whatsoever, and neither the Rodevelopor (or assignee or Lransferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. SECTION 704. REVESTING TITLE IN CITY SUBSEgUUENT TO CONVEYANCE TO REDEVELOPER. In the evenf that subsequent to conveyance of the Propeity'or aiiy part thereof to the Redeveloper and prior to completion of the Improvements as certified by the City (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days after written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon and to terminate (and revert in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or iidction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and �Tz TT 1C Improver., -.._s constructed thereon, and tha_ --ch title and all rights and interests of the Redeveloper, and any assigns or suc- cessors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage authorized by the Agreement, and (ii) any -rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefor as provided in Section 305 hereof. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the,Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment what- soever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. ON 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part thereof (subject to such mortgage liens and leasehold interests as 1n Section 704 set forth and provided) as soon and in such manner as the City shall find feasible and consistent with the objective of making or completing the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title 11-16 7!`k thereto in the City or to discharge or prevent from attaching t or being made any subsequent encumbrances or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or trans- feree, up to the amount amount equal to (1) the sum of the purchase price paid by it for the Property (or allocable to the part thereof) and the cash actually invested by it in making any of the Improvements on the Property or part thereof, unless (2) any gains or income withdrawn or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. T e ity shall t have e rig t to institute suchactions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been completed, in accordance with the Agreement, and for which a certi- ficate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section 704 hereof) its successors in interest and assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved); nor shall any waiver in fact made by the City with respect to any specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. I 1-17 79/ SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF PROPERTY. Should at any time prior to the conveyance of titre to any Property under this Agreement, the City of Iowa City, Iowa bo enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and understood that the City shall have no liability for failure to deliver title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes of any of the provisions of the Agreement, neit er the City nor the Redeveloper, as the case may be, nor any successor in interest, shall be considered in breach of, or default in, its obligations with respect to this Agreement in the event of enforced delay in the performance of such obligations due to unfore- seeable causes beyond its control and without its fault or negligence, including, but not restricted to, acts of God, acts of the public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, and usually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, That the party seeking the benefit of the provisions of tis Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. II -18 raz) SECTION 710. ....Y IN POSITION OF SURETY WITH I .CT TO OBLIGATIONS. e e eve oper, or �tse an its successors an assigns, an for all other persons who are or who shall become, whether by express or implied assumption or otherwise, -liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID I o mem er, official, or employee 01 t e ity s a l ave any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. E UAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itse an its successors dHU assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. 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 compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understandin-, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Redeveloper 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. (e) The Redeveloper will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor or the Secretary of Housing and Urban Development pursuant thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Redeveloper's noncompliance with the non- discrimination clauses of this Section, or with any of the said rules, regulations, or orders, the Agreement may be canceled, terminated, or suspended in whole or in part and the Redeveloper 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 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Redeveloper will include the provisions of Paragraphs (a) through (g) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors, 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, so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City or the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Redeveloper becomes invoTved— in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or the D9part- ment of Housing and Urban Development, the Redeveloper may request the United States to enter into such litigation to protect the interests of the United States. SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of the Agreement are i Ftended to or s a 1 be merged by reason of any deed transferring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, Articles, and Sections of the greement are inserted 'for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. I I-21 ��� &, �t-" RESOLUTION NO. 79-242 RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/SMALL CITIES PROGRAM APPLICATION IN 171E AMOUNT OF $530,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDER- STANDINGS 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 prepared an application for federal assistance under the Community Development Block Grant/Small Cities Program totalling an amount of $2,000,000 over a three year period, of which this year's asking is $530,000; 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/Small Cities Program under the Housing and Community Develop- ment 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 Perret and seconded by Neuhauser that the resolution as read be adopted, and upon roll call the were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret X Roberts x Vevera Passed and approved this 5th day of June 1979. ATTEST: M 01M R"3GiNT COMMUNITY DEVELOPMENT BLOCK GRANT SMALL CITIES PROGRAM COMPREHENSIVE GRANT APPLICATION Approved and Submitted by: THE CITY OF IOWA CITY, IOWA June 11, 1979 CITY COUNCIL John Balmer Carol deProsse Clemens Erdahl Mary Neuhauser David Perret Glenn Roberts Robert Vevera, Mayor CITY MANAGER Neal Berlin DIRECTOR OF PLANNING AND PROGRAM DEVELOPMENT Dennis Kraft COMMITTEE ON COMMUNITY NEEDS George Swisher, Chairperson Horace Amidon Kent Braverman Irl Carter Eve Casserly Mary Clark Jim Hall Loren Horton Ronald Johnson Stephen Lampe Pat McCormick Pat Owens Roberta Patrick Milo Pecina Trudy Ward Community Development Block Grant Division Department of Planning and Program Development City of Iowa City, Iowa ABSTRACT This document contains an application for the Department of Housing and Urban Development's CDBG/Small Cities Program. The application requests two million dollars in federal assistance to carry out flood control and other improvements in a central Iowa City neighborhood. The proposed project will require three years to accomplish running from 1979-1982. The principal beneficiaries of the project will be low and moderate income individuals in the project area. The project is also intended to carry out the following HUD policy objectives: (1) Supports realistic and attainable strategies for expanding low and moderate income housing opportunities by providing a site for construction of traditional public housing or federally assisted housing and by providing the opportunity for housing not currently eligible for rehabilitation assistance to participate in either the CDBG or 312 programs; (2) Promotes more rational land use by eliminating incompatible and obsolete land uses and by assembling a large number of fragmented parcels for resale; (3) Corrects deficiencies inup blic facilities which affect theup blic health and safety, especially of low and moderate incomeep rsons by eliminating the flooding threat from Ralston Creek and correcting the problem of sanitary sewer surcharging. During the first year of the program, October 1, 1979 - June 30, 1980, $530,000 is requested for the purpose of acquiring properties and relocation of residents and businesses being displaced by the project. TABLE OF CONTENTS I. GENERAL INFORMATION Federal Assistance Standard Form (HUD 424) . . . . . . . . . . . . . . 1 Resolution Authorizing Application . . . . . . . . . . . . . . . . . ..2 Assurances (HUD 7088) . . . . . . . . . . . . . . . . 3 A-95 Review: State of Iowa Office for Planning and Programming . . . . . . . . . . . . . . . . 7 East Central Iowa Council of Governments. . . . . . . . . 8 II. COMMUNITY DEVELOPMENT AND HOUSING PLAN SUMMARY Community Profile (HUD 7062). . . . . . . . . . . . . . 9 Summary: Community Development and Housing Needs (HUD 7063). . . . .13 Comprehensive Strategy (HUD 7064) A. General Strategy . . . . . . . . . . . . . . . . . . . . . . . .20 Holdharmless Strategy Small Cities Strategy B. Neighborhood Revitalization Strategy . . . . . . . . . . . . . .22 Holdharmless Neighborhood Revitalization Strategy . . . . . . .22 Small Cities Neighborhood Revitalization Strategy . . . . . . . 35 . C. Community -wide Housing Strategy . . . . • • • • • • • . 39 D. Strategy for Providing Community -wide Public Facilities . . . .42 E. Economic Development Strategy . . . . . . . . . . . . . . .43 Map Showing Location of CDBG and Small Cities Strategy Areas . . . .45 Map Showing Concentration of Low and Moderate Income Households . . .46 Map Showing Concentration of Minority and Poverty Level Population. .47 Map Showing Extent and Location of Substandard Housing. . . . . . . .48 Map Showing Area Susceptible to Flooding . . . . . . . . . . . . . . .49 Map Showing Comprehensive Land Use Plan . . . . . . . . . . .50 Project Area Maps: Location of CDBG Funded Projects. . . . . . . . . 51 Small Cities Program Area . . . . . . . . . . . . 52 III. COMMUNITY DEVELOPMENT PROGRAM Three Year Project Summary (HUD 7065) . . . . . . . . . . . . . . . . 54 Project Summaries (HUD 7066) . . . . . . . . . . . . . . . . . . . . . 55 Cost Summary (HUD 7067) . . . . . . . . . . . . . 59 Maps Showing Location of Small Cities Projects. . . . . . . . . . . .63 IV. HOUSING ASSISTANCE PLAN Annual Housing Action Program (HUD 7095) . . . . . . . . . . . . . . . 68 Survey of Housing Conditions (HUD 7091) . . . . . .. . . . 70 Housing Assistance Needs of Lower -Income Households (HUD 7092). . . .80 Three Year Housing Program (HUD 7093) . . . . . ... . . . . . . . 89 General Locations for Proposed Housing (HUD 7094) . . . . . . . . . .92 OMB Approval No. 29-RO215 424-1011 STANDARD FORM 424 PACE 1 (10-75) Proscribed be GSA. Fdma 31Anagennnt Circular 744 FEDERAL ASSISTANCE 2. APPLI• a• NUMBER 3. ick a. CANTS APPLI• - 9 -DN -19-0048 NUMBER TGN IDENTi- 790980 1. OPE ❑ PREAPPLICATION b. DATEYear month day b. DATE Year month day ACTION ® APPLICATION CATION 19 79 4 13 FIER ASSIGNED 19 79 2 5 Lear, (Hark ay ❑ NOTIFICATION OF INTENT (Opt) ❑ REPORT OF FEDERAL ACTION 1Tanh 4. LEGAL APPLICANT/RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. a. Applicant Nam City of Iowa City 42-600-4805 b. Orientation Unit local municipal government L c. Strowl'.O. Baa . Civic Center, 410 E. Washington PRO. a. NUMBER 1 4 • 2 1 9 b. TITLE 4. cityIowa City •. County.Johnson GRAM L State Iowa R. ZIP Code: 52240 Fda„al Community Development b. Contact Person (Nam, NcaI G. Berl in catalog) Block Grant/Small Cities R ! telephone No.) 31 - 1' a 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT 8. TYPE OF APPLICANT/RECIPIENT er A-Stato H-0ammunlb Action Agency B-4atenat• 1-HI`ber Educational Institution oDalraa J- Ind Tribe Lower Ralston Creek Neighborhood District K-0iher (Specify); D -County Revitalization'Program E-ctb i -School District a 1} Dkul,1 Purpourpm Ohwlct Solar approprint. alter 9. TYPE OF ASSISTANCE A-Bnlo Gnnt D-losurance ■ B 4upplemanal Cant Ether Rester appro- C -Lan print. letter(,) A ■G$ 10. AREA OF PROJECT IMPACT (Names of allies, emntles. 1L ESTIMATED NUM- IZ TYPE OF APPLICATION Sat", eta.) BER OF PERSONS AA -NW C-RMalan E-Aulmanatlon Iowa City BENEFITING 755 B -hared D-Contlnuailon Enter appropriate letur O IL PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 1L TYPE OF CHANGE (For lea or 29e) F-0Other (SPaeUV)t a. FEDERAL $ 530,000 .00 a• APPLICANT k PROJECT RM-p�nn Donlan C.Increaee Duration b. APPLICAN7 .00 Iowa-Ist Dist. Cit D-0ecna, Duration E-COnc8114l1m Enter oppro- a STATE egg 16. PROJECT START DATE Year morjA day 17. PROJECT DURATION e. LOCAL .00 19 79 10 1 36 month, prate 1OW(e) e. OTHER .00 1L ESTIMATED DATE TO Year month day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE SUBMITTED TO FEDERAL AGENCY In 19 79 6 11 B-78-HN-10-nnnc I. TOTAL 3 530,000 .00 2L FEDERAL AGENCY TO RECEIVE REQUEST (Name, City. State, ZIP code) 68106 21. REMARKS ADDED DeT)artment of Housing and Urban Development, Omaha Nebra k {]Yea No 22. a. To Na had of my knowledge end 1411,11 b. It required by OMB Circular A-93 this spyyllcutlan was submitted, pursuant a In. No re- Reopone, data In this prapplicallon/appliatlon an sbuchons thwtn, to appraprial, clearing costs and all rmponao an attached: ,pons, attached THE W, and correct, the document has been State of Iowa Office for Planning F, APPLICANT duly authodsed by the governing body of ® ❑ CERTIFIES the applicant and the applicant will amply (1) Programming ® ❑ THAT► d4 the attached mmnnem If the aairt- Ly East Central OW GDuncil o Governments Ana a apprmd. (3) ❑ ❑ ZL L TYPED NAME AND 7171E b. R e. DATE SIGNED CERTIFYING Year month day FEPR6 SENTATIVE Neal G. Berlin, City Manage 19 79 6 8 24. AGENCY NAME 25. APPLICA• Year month day TION RECEIVED 19 25. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 211. FEDERAL APPLICATION IDENTIFICATION 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION 31. ACTION TAKEN 32. FUNDING Year month day 34. Year month day ( N [3s. AWARDED a. FEDERAL 3 .00 33. ACTION DATE19 ► DATE DATE 19 b. APPLICANT ,O0 35. CONTACT FOR ADDITIONAL INFORMA- 3L Year month day [3b IMECTED TION (Nam, and telephone numbs) ENDING ❑ •. RETURNED FOR c. STATE .00 DATE 19 1, (OCAS. ,OB 37. REMARKS ADDED AMENDMENT [3 L DEFERRED a. OTHER .00 ❑ a WITHDRAWN C - TOTAL f .001 Yrs f]No 3L a. to taking above &Won, any comments rKAlwd from cteealn bousm con.wars n• b. FEDERAL AGENCY A-95 OFFICIAL sidard. It al,n response is due under prmhlana of Pert 1, OMB Circular "S. (Name and cclephone M.) FEDERAL AGENCY It has bean m a Wing nada. A-95 ACTION 424-1011 STANDARD FORM 424 PACE 1 (10-75) Proscribed be GSA. Fdma 31Anagennnt Circular 744 RESOLUTION NO. RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT/SMALL CITIES PROGRAM APPLICATION IN THE AMOUNT OF $530,000 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDER- STANDINGS 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 prepared an application for federal assistance under the Community Development Block Grant/Small Cities Program totalling an amount of $2,000,000 over a three year period, of which this year's asking is $530,000; 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/Small Cities Program under the Housing and Community Develop- ment 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 and seconded by that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Ferret Roberts Vevera Passed and approved this day of Mayor 1979. Hicrim & APPROVED ATTEST: BY TEE LBGAi DEPAFrKM U.S. Department of Housing and Urban uevelopoent Community Development Block Grant Small Cities Program Assurances The applicant hereby assures and certifies thatn (a) It possesses legal authority to apply for the grant, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act a reso- lution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional informa- tion as may be reauired. (c) Iby CFR has complied with and the erequirements of OMB Circular Cdo. A-95 as mod (1) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or reccmenda- tions have been received. (d) If an applicant is submitting an application for a Small Cities Compre- hensive Grant, the applicant has: (1) Prepared a written citizen participation plan, which: (i) Provides an opportunity for citizens to participate in the development of the application, encourages the submission of views an proposals, particularly by residents of blighted neighborhoods and citizens of low- and moderate -incase, provides for timely responses to the proposals submitted, and schedules hearings at times and locations which permit broad participation; (ii) Provides citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program require- ments; (iii) Provides for public hearings to obtain the views of citizens on co mxr nity development and housing needs; and (iv) Provides citizens with an opportunity to submit cements concerning the community development performance of the applicant. (2) Followed this plan in a manner to achieve full participation of citizens in development of the application. The applicant shall also follow this Plan to achieve full citizen participation in all other stages of the program. If the applicant is submitting an application for a Small Cities Single Purpose Grant, the applicant: (1) Has prepared and followed a written citizen participation plan that meets the requirements of 24 CFR 570.131(c), and shall follow this plan to achieve full participation in all stages of the program; 3 (2) Has provided citizens with an opportunity to participate in the determi- nation of priorities in community development and housing needs; (3) Has provided adequate notices of public hearings as required by the written plan; (4) Has held hearings on the proposed application before adaption of a reso- lution or similar action by the local governing body authorizing the filing of the application; (5) Will provide for citizen participation when considering amendments to the Community Development Program and the Housing Assistance Plan; and (6) Will provide for citizen participation in the planning, implementation and assessment of the Community Development Program including the development of the Grantee Performance Report and the submission of views to the HUD Area Office. (e) Its chief executive officer or other officer of applicant approved by HUD: (1) Consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of such Act apply to 24 CFR 570; (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (f) The Community Development Program has been developed so as to give maxi- mum feasible priority to activities which will benefit low- and moderate -income families or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the Secretary from approving an application where the applicant certifies, and the Secretary deter- mines, that all or part of the Community Development Program activities are designed to meet other community development needs having a particular urgency as specifically explained in the application in accordance with S570.302(f).) (g) It will comply with the regulations, policies, guidelines and require- ments of OMB Circular No. A-102, Revised, and Federal Management Circular 74-4 as they relate to the application, acceptance, and use of Federal funds under this Part. (h) It will administer and enforce the labor standards requirements set forth in 5570.605 and BUD regulations issued to implement such requirements. (i) It will comply with all reauirements imposed by HUD concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with OMB Circular No. A-102, Revised. (j) It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the 'American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Hathicapp- ed,•N;miber A -117.1-R 1971, subject to the exceptions contained in 41 CFR 101- 19.604. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. HUD -7088 (1) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the.regu- lations issued pursuant thereto (24 CFA Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately rtak�rumeasures cture therr necessary to effectuate this assurance. If any real property or on is provided or improved with the aid of Federal 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 property 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. (2) Title VIII of'the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services. (3) Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFA Pert 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, bedenied the benefits of, orwhole beisub- jected to discrimination under, any p o9 rty funded with funds provided under this Pert. (4) Executive Order 11063 on soual opportunity in housing and nordiscrimina- tion in the sale or rental of housing built with Federal assistance. (5) Executive Order 11246, and the regulations issued pursuant thereto (24 CFA Part 130 and 41 CFR Chapter 60), and Section 4(b) of the Grant Agreement, which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal of federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demo -- tion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms. of compensation and selection for training and apprenticeship. (m) It will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for training and employment be given to lower-incone residents of the project area and contracts for work in connection with the project be awardedtoeligible business concerns which are located in, or owned in substantial,part by, persons residing in the area of the project. (n) It will: (1) To the greatest extent practicable under State law, comply with section 301 and 302 of Title III (Uniform Real Property Acquisition Policy) Of the Uni- form Relocation Assistance and Real Property Aoouisition Policies Act of 1970 and will comply with Sections 303 and 304 of Title III, and HUD implaxenting instruc- tions at 24 CFR Part 42; and (2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations at 24 CFA Part 42 and 5570.602(b). (0) It will: (1) Comply with Title II (Uniform Relocation Assistance) of the Uniform Relo- cation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at 24 CFR Part 42 and $570.602(a); (2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of aceuisition of real property for an activity assisted under the Community Development Block Grant program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; (3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced familier. and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of income; and (4) Inform affected persons of the relocation assistance, policies and proce- dures set forth in the regulations at 24 CFR Part 42 and 5570.602(a). (p) It will establish safeguards to prohibit employees from using positions for a cuaase that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with wham they have family, business, or other ties. (e) It will comply with the provisions of the Hatch Act which limits the political activity of employees. (r) It will give BUD and the Comptroller General through arty authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. (s) It will insure that the facilities under its ownership, lease or aupervi- sion which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will ratify BUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. (t) It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93-234, 87 Stat. 975, approved December 31, 1973. Section 103(a) required, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance 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 identi- fied by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase 'Federal financial assistance' includes ury form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. (u) It will, in connection with its performance of environmental assessments under the National Environmental Polity Act of 1969,.cmply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Archeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, at. sec.) by : (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of His- toric Places that are subject to adverse effects (ase 36 CFR Part 800.8) by the proposed activity, and (2) complying with all requirements established by SM to avoid or mitigate adverse effects upon such properties. CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.1800 June 11, 1979 Mr. A. Thomas Wallace Federal Funds Coordinator Office for Planning and Programming State Clearinghouse 523 East 12th Street Des Moines, Iowa 50319 Re: Pre -application S. A. I. 790980 Dear Mr. Wallace: Enclosed you will find one copy of the application to be submitted by the City of Iowa City to the U.S. Department of Housing and Urban Development for Community Block Grant Small Cities Program funding available under the Housing and Community Development Act of 1974, as amended. This discretion- ary application for funding is being forwarded to you for review and sign - off, to fulfill A-95 clearinghouse review requirements, concurrently with its submission to HUD. Your agency's comments or recommendations about this application should be forwarded within 45 days. Copies of your comment will be expected by the Omaha office of HUD as well as our office. If you need any additional information or clarification about the application document, please feel free to contact Michael Flaherty, Planner/Program Analyst. Sincerely, Neal G. Berlin City Manager NGB/jmd Enclosure cc: Johnson County Regional Planning Commission Il CITY OF CIVIC CENTER 410 E. WASHINGTON ST. June 11, 1979 Mr. Jim Elza East Central Iowa Association of Regional Planning Commission 332 East Washington Iowa City, Iowa 52240 IOWA CITY IOWA CITY IOWA 52240 (319) 354.180) Re: A-95 Pre -application number 22-79 Dear Mr. Elza: Enclosed you will find one copy of the application to be submitted by the City of Iowa City to the U.S. Department of Housing and Urban Development for Community Block Grant Small Cities Program funding available under the Housing and Community Development Act of 1974, as amended. This discretionary application for funding is being forwarded to you for review and sign -off, to fulfill A-95 clearinghouse review requirements, concurrently with its submission to HUD. Your agency's comments or recommendations about this application should be forwarded within 45 days. Copies of your comment will be expected by the Omaha office of HUD as well as our office. If you need any additional information or clarification about the applica- tion document, please feel free to contact Michael Flaherty, Planner/ Program Analyst. Sincerely, Neal G. Berlin City Manager NGB/jmd Enclosure cc: Johnson County Regional Planning Commission L] roan npprovao OMB No. 83.RISIO U.S. DEPARTMENT OF AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT AND HOUSING PLAN SUMMARY COMMUNITY PROFILE I. NAME OF A ftNT City ]il •APP LIGATION GRANT UMB;Bowa 3. PERIOD OF APPLICABILITY e' W Original (Ewry Thrn Yvan) From: 10/1/79 To: 9130/82 ❑Revision ❑Amendment orw COMMUNITY PROFILE lowo Ci Ly ir, it midwesLern conimunll.y wlLh n pupuloLlon Lutnlling 47,744. The community was originally platted in 1839 and it is therefore not surprising that 40% of the existing housing stock was built prior to 1940. The chief natural feature of the City is the Iowa River which meanders through the City and is fed by numerous creeks. As development has increased, runoff into these creeks has become an ever greater problem, and the periodic flooding of Ralston Creek in particular demands community development attention. Another dominant feature of Iowa City is the University of Iowa which, with its current enrollment of 22,990 students, strongly influences the character of the community. These statements provide a general overview of Iowa City's profile. A more detailed description of population and income characteristics, as well as economic and housing conditions, are presented below. POPULATION CHARACTERISTICS 1. Population Growth - The community's population has increased 497.7 percent since 1900, compared to the national population percentage change of 178.0 percent. The University's growth has had a major impact. For example between 1960 and 1970 enrollment doubled. The affect of this fast population growth was vividly felt when the demand for housing exceeded the supply. 2. Population Age - The 1974 Census reported age distribution as follows: children aged 0-14, 17.7 percent; young adults and students aged 15-34, 58.0 percent; middle-aged adults aged 35- 64, 17.9 percent; and senior citizens aged 65 and over, 6.3 percent. 3. Population Mobility - High mobility is a predominant characteristic of Iowa City. In 1970, only 27 percent of the population five years or older were residing in the same house as in 1965. During that same period 63 percent of the population migrated into or out of the city. 4. Minorities - Consistent with state-wide population patterns, the minority population in Iowa City is small. In 1970, only 2.2 percent of the population were classified as other than White. The Black population is the largest minority group in the city and has been growing steadily since 1940. In 1974, 56 percent of the Black population (388) were University students. 5. Special Population Groups - Because of the unique services available in Iowa City, many groups of individuals with special E needs have located here. An above-average number of handicapped individuals reside in the city, because of available education and health resources, i.e. 15 percent of the city population versus 13.8 percent in the state. An above- average number of transients, including those drawn to Iowa City for welfare health care, require temporary accommodations. A relatively low proportion of Iowa City population is married, and an increased number of female -headed households exist, i.e. 7.9 percent in the city versus 7.3 percent in the state. INCOME AND EMPLOYMENT CHARACTERISTICS The Iowa City median income ($9,942) was higher in 1970 than the state median family income ($9,018). However, when compared to other cities in Iowa having populations over 10,000, Iowa City's median family income was among the lowest. Among the 9,674 Iowa City families counted in 1970, 692 families (7.2 percent) representing a total of 2,091 persons were considered as having an income below the poverty level. They included 116 families headed by a woman and 101 by a person 65 years old or older. Between 1950 and 1970, the number of families in the lower income groups decreased substantially, while there were very large increases in the higher income groups. In 1970, a large portion, 53.6 percent, of the Iowa City labor force was employed in "white collar" jobs. (This was considerably higher than the national average of 48.3 percent). Although women represented 69 percent of the white collar workers, only 38.5 percent of the professional, technical and managerial workers were women; 68.7 percent of the clerical and sales work workers were women. An example of the higher than average number of professionals in the community can be seen when realizing that 690 medical doctors and 72 dentists reside in the community. 10 IOWA CITY FAMILY INCOME 1970 NUMBER OF % FAMILIES % ALL FAMILY INCOME RANGE FAMILIES COUNTED INCOME ACCRUED Less than $5,000 1,787 18.0 4.88 $5,000-$9,999 3,082 31.9 20.33 $10,000-14,999 2,723 28.1 29.04 $15,000-24,999 1,,589 16.4 28.06 $25,000-49,999 452 4.7 14.97 $50,000 & over 41 .4 2.71 Total 9,674 100.0* 100.00* *Percents do not add due to rounding. Among the 9,674 Iowa City families counted in 1970, 692 families (7.2 percent) representing a total of 2,091 persons were considered as having an income below the poverty level. They included 116 families headed by a woman and 101 by a person 65 years old or older. Between 1950 and 1970, the number of families in the lower income groups decreased substantially, while there were very large increases in the higher income groups. In 1970, a large portion, 53.6 percent, of the Iowa City labor force was employed in "white collar" jobs. (This was considerably higher than the national average of 48.3 percent). Although women represented 69 percent of the white collar workers, only 38.5 percent of the professional, technical and managerial workers were women; 68.7 percent of the clerical and sales work workers were women. An example of the higher than average number of professionals in the community can be seen when realizing that 690 medical doctors and 72 dentists reside in the community. 10 Blue collar workers comprise 36.4 percent of the Iowa City work force; 31 percent of these workers are women. 67.7 percent of the blue collar workers were household workers, service workers and laborers, and 32.2 percent were craftsmen, firemen, and operatives. The Univeristy of Iowa was the largest employer in 1970, employing more than one-third of the working population, and thus playing an important role in determining the level and character of Iowa City employment. ECONOMIC CONDITIONS There are two major topics that must be considered when reviewing the economic condition of the city. First, the job market and rate of unemployment and secondly, the city's need to levy taxes in order to supply demanded services must be considered. The table below indicates the total labor force in Iowa increased almost 100% between 1950 and 1970 with some variation in job opportunities. Figures are approximate based on U. S. Census of population 1970. One characteristic of Iowa City's economy is that both production wages and payroll/employees tend to be lower than the state average because of its highly productive, over -qualified, labor supply, and the imbalance of avail- able jobs. Unemployment in Iowa City has remained generally low compared to national figures, however, there has been a gradual increase in unemployment from 1.2% in 1950 to 1.7% in 1960 and 2.8% in 1970. The dominant land use is the University of Iowa in that it is the major employer and encompasses 50% of Iowa City land. The University is a basic economic activity of Iowa City but it is also tax exempt. There- fore, Iowa City's tax base is limited. In order to supply quality services the city must depend heavily on residential property taxes. Though the University of Iowa is an asset to the community it also imposes costs. The city is compensated for direct service cost but compensation for costs imposed beyond the boundaries of the University are borne by residential property taxes. Due to the tax exempt status of the University of Iowa there is some unequity between the residential property owners and the University. HOUSING CONDITIONS The Iowa City housing market is characterized by very low (1 percent in 1975) vacancy rates for rental housing; relatively high housing costs; 11 LABOR FORCE AND EMPLOYMENT Total Manufac- Wholesale/ Professional Labor Force turing Retail Related Services I.C. 1950 10,960 4.5% 21% 43% I.C. 1960 14,490 7% 15.5% 52% I.C. 1970 20,620 6.5% 19% 55% U.S. 1970 80,051,046 25.9% 20.1% 42%% One characteristic of Iowa City's economy is that both production wages and payroll/employees tend to be lower than the state average because of its highly productive, over -qualified, labor supply, and the imbalance of avail- able jobs. Unemployment in Iowa City has remained generally low compared to national figures, however, there has been a gradual increase in unemployment from 1.2% in 1950 to 1.7% in 1960 and 2.8% in 1970. The dominant land use is the University of Iowa in that it is the major employer and encompasses 50% of Iowa City land. The University is a basic economic activity of Iowa City but it is also tax exempt. There- fore, Iowa City's tax base is limited. In order to supply quality services the city must depend heavily on residential property taxes. Though the University of Iowa is an asset to the community it also imposes costs. The city is compensated for direct service cost but compensation for costs imposed beyond the boundaries of the University are borne by residential property taxes. Due to the tax exempt status of the University of Iowa there is some unequity between the residential property owners and the University. HOUSING CONDITIONS The Iowa City housing market is characterized by very low (1 percent in 1975) vacancy rates for rental housing; relatively high housing costs; 11 single family dwellings which has been converted into multi -space; and fairly low density development of both apartments and single family dwellings throughout the City. According to the 1970 U.S. Bureau of Census figures, 54 percent of approximately 15,500 of Iowa City housing units were renter -occupied and new construction had not kept pace with the population growth. Since 1970, permits have been issued for 2,135 multi -family units, 220 duplexes, and 1,625 single family units. This increase in the amount of housing has been partially offset by the demolitions due to urban renewal, construction of the new post office, and removal of the University's Stadium Park and Templin Park housing. A 1975 survey showed 1,282 (8 percent) housing units in Johnson County were overcrowded (using HUD standard 1.01 persons per room). In addition a high percentage had code violations with 1;088 (7%) lacking some or all plumbing facilities. (Iowa City has approximately 65% of the population of Johnson County). An Exterior Building Condition Survey (August 1977) of most of the older portions of the City indicated that 65% of the structures were in sound condition, 31% have minor deficiencies, 3.8% have major deficiencies and 0.16% should be demolished. Because of diverse housing priorities (for example some University professors seek out historically prominent structures in older neighborhoods for housing) few blighted neighborhoods have developed. Instead there are spots of blight and deterioration scattered throughout the City. The periodic flooding of Ralston Creek and sewer surcharging have caused deterioration of some neighborhoods along the creek. Many large older houses have been subdivided to provide apartment units close to the University. This provides much needed rental housing but does create some problems in maintenance of the housing stock. Absentee landlords permit some structures to deteriorate, and renters in general do not have the commitment to upkeep of the neighborhood common to families in owner -occupied single family dwellings. Data Sources: U.S. Bureau of the Census 1970; Iowa City Comprehensive Plan for Land Use, Traffic Ways and Community Facilities (1978); Iowa City Plan Reports on: Population (1977), Housing (1977), Economics (1977); Iowa City Plan: People's Guide and Survey Results; Survey of Exterior Building Conditions, Department of Community Development, 1977; Iowa Department of Job Service; Iowa Labor Market; Neighborhood Meetings 1976-77. 12 U S. DEPARTMENT OF HODS ND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT HOUSING PLAN SUMMARY SUMMARY OF COMmunn TY DEVELOPMENT AND HOUSING NEEDS Flom:_ 10/1/79 To: 9/30/82 of Iowa Ci B -79 -DN -19-0048 DD Original (Every Three Y"al ID Revision (]Amendment rt •ted COMMUNITY DEVELOPMENT AND HOUSING NEEDS As indicated by the factors presented in the community profile, Iowa City has many community development and housing needs. Some of the neighborhoods are deteriorated, others are showing a steady decline. The housing stock is mixed with considerable disinvestment in structures by absentee landlords; and there are problems caused by creek flooding. Economically the City is overdependent on the University of Iowa for employment opportunities and has a very low property tax base because large porportion of the land is tax-exempt. NEIGHBORHOOD REVITALIZATION NEEDS The oldest, central portion of Iowa City (as outlined in the CDBG Project Area map, page 45) includes the area of the City most in need of revitalization. The downtown was initially identified for redevelopment, and this need has been largely met (Urban Renewal Project Iowa R-14). The rest of the designated CDBG area consists of residential neighborhoods with a mixture of old and new housing. Almost all of Iowa City's 19th century houses are in this area, with most other single family homes dating back to before 1940. As the University of Iowa has expanded, some of these neighborhoods have changed to accomodate student demand for housing, particularly close to the University. Neighborhood Decline Because of a change in the character of these neighborhoods there has been considerable decline. Absentee landlords and a very rapid turnover of student renters have resulted in deterioration of houses and yards. An increase in the number of cars has created traffic and parking problems, and the rapid turnover of residents has made for an unstable community. Flooding An added problem in much of the area is the flooding threat from Ralston Creek. Three serious floods in the past eighteen years have caused substantial property damage and contributed to the blight of some neighborhoods. Housing Whereas housing studies indicate considerable deterioration, housing in most of the area can still be rehabilitated. It should be noted, however, that as older homes change ownership, perceptive developers have assembled parcels to build demanded centrally located apartments thus further altering the character of the neighborhood. 13 Rehabilitation and Site Improvements Because the CDBG program area is the home of the majority of Iowa City's population of low and moderate income residents, and because many property owners do not have the financial means to rehabilitate their homes, there is a need for both technical and financial assistance to preserve the existing housing stock, upgrade deficient housing units before they become unsalvageable and prevent further expansion of deteriorated areas. In addition, in order to maintain a viable residential environment, it is necessary to upgrade and revitalize some neighborhoods through site improvements. Such improvements would help to arrest and reverse the incipient decline, as well as provide incentives for private investment in the neighborhoods. Public investment in facilities such as sidewalks, streets, alleys and neighborhood parks is needed to improve substandard conditions and to enhance the neighborhood environment. Such improvement in turn will make the neighborhoods attractive to home owners with families whose presence is important to the vitality and stability of the area. Acquisition/Rehabilitation for Additional Services There is also a need to rehabilitate housing in the CDBG area, where the present owners are unable or unwilling to do so. The City can preserve these structures with public intervention and acquisition. After rehabilitation, the houses can be used to address other pressing human needs in the City such as providing shelters for victims of spouse abuse or providing structures to be rented in the Section 8 Existing Program. Comprehensive Target Neighborhood Improvement In a few areas of Iowa City, a comprehensive strategy of improvements is needed to promote stabilization. One such area is the one located along the lower reaches of Ralston Creek. Because of periodic flooding, tenure in the neighborhood is characterized by small businesses which regularly change use (one building housed a Chinese food store, fast food restaurant, and insurance office at various times from 1976- 1978) and miscellaneous remaining housing accomodating low income residents. The flooding problems of Ralston Creek are too complex and costly for the private market to overcome alone. A comprehensive strategy and public assistance are needed. Energy Conservation The current situation of dwindling of fossil fuel supplies and the rising cost of fuel is a national problem which is likely to become more severe over the next decade. The impact of this 14 problem is particularly severe upon low and moderate income families and those with fixed incomes, who are forced to spend an increasing amount of their family budget for heating, and to a lesser extent cooling. Although individuals are anxious to conserve energy, they often do not have the accurate information on the most effective means of insulating and weatherproofing their houses. Thus, there is a need for a program of heat loss identification for homes and the dispersal of information on energy conservation. 15 B. COMMUNITY -WIDE HOUSING NEEDS Need for new Construction During the last 15 years, University growth and the growth in general population have had a direct impact on the availability of suitable housing units in Iowa City. Precise statistics are scarce, however, there is evidence that the private market has not been able to keep pace with the demand for housing in Iowa City. In 1974, vacancy rates were as low as 2.18 percent including rental and owner -occupied housing and in 1975 the rental vacancy rate alone was 0.98 percent. The problems generated by such a tight market are many -- overcrowding, substandard conditions, housing deterioration, rapid conversion to multi -family units, and overpayment (paying more than 25 percent of household income for rent). A very low vacancy rate points specifically to a need for increasing the supply of housing through new construction. HUD has estimated that 1,000 or more new units in Iowa City would be necessary in order to balance supply and demand. Need for Upgrading Existing Stock In view of the high cost of new housing and the relative lack of vacant developable land, preservation of the existing housing stock increases in importance. Most housing in Iowa City was built before 1940. A 1977 survey of exterior housing conditions conducted in the central portion of Iowa City showed 32 percent to be structurally deficient. Continual flooding of Ralston Creek has aggravated deteriorating housing conditions and the high cost of repairs presents many owner -occupants and small property landlords from making repairs despite the need for upgrading existing structures, both rental and owner -occupied. Need for Housina Subsidies According to 1970 Census data, roughly 35 percent of the households in Iowa City had inadequate housing conditions as specified by HUD (overcrowding, overpaying, or lack of plumbing). Eighty-five percent of these were also lower income households. Although housing conditions have improved since 1970, substantial problems still exist. One thousand, three hundred lower income renter households currently require housing assistance. This represents 76 percent of all of the need in the renter household category. While the needs of homeowners for housing assistance are less, they are concentrated among elderly households who are living on fixed incomes. Thus rental subsidies and construction subsidies are required to provide suitable housing for lower income households. 16 Need to Plan for Housing Development Changing land uses, Ralston Creek flooding, housing conversions and the increase in density experienced in some neighborhoods are factors which have generated pockets of substandard housing within neighborhoods. For instance, in the "Lower Ralston Creek Neighborhood" area, commercial uses have increased over the last ten years. Some families cannot afford to move from the area, yet because of periodic flooding there are few incentives for owners to maintain or improve their properties. In addition to providing housing units, there is a need to plan on a long- term basis for housing development and efficient utilization of community facilities. Analysis of adequate areas for housing development is essential to create stable neighborhoods and to minimize housing loss through negative impacts of mixed uses. Need to Coordinate with other Communities and Agencies Iowa City is the largest city in the county, however it functions as part of a larger urban area. There is a need to coordinate housing planning efforts with surrounding communities and area - wide planning agencies in order to provide better housing through- out the area. Due to local market conditions, programs for perspective lower income homeowners are difficult to implement in Iowa City. The options for addressing this problem are greater in smaller communities which qualify for FmHA programs. Likewise, Iowa City has management capabilities for existing housing programs and expertise in housing rehabilitation programs which it shares with other communities and county staff. In order to provide a high level of housing assistance in the area and to address interjurisdictional housing problems, there is a need to coordinate resources with other communities. Need to Monitor Impacts of Program Development In addition to planning for city-wide housing development there is a need to monitor the effectiveness of ongoing housing programs to prevent impaction of lower income households and unfair housing practices, and to ensure increased choice of housing opportunities for lower income households. 17 C. COMMUNITY NEEDS FOR PUBLIC'FACILITIES AND IMPROVEMENTS Citizen surveys carried out in connection with the City's Comprehensive Plan indicated that meeting the needs of the elderly is one of the major concerns of citizens. Services and programs for the elderly are currently physically at scattered locations throughout Iowa City. Some types of services are provided only by one agency, others are duplicated between agencies. Funding for agencies is limited and variable, and many needs of the elderly are not being met or being met inadequately. The building currently housing some of the services for the elderly (SEATS, Meals on Wheels, Council on Aging, Johnson County Health Department) is structurally substandard and poorly located. A centrally located building which can house a majority of the services for the elderly has been acquired; the building now needs to be remodeled to serve the elderly. In addition a coordinated program involving the elderly and service providers. needs to be established to insure the best possible planning for space allocation and programs to be carried out in the Senior Center. M ECONOMIC DEVELOPMENT NEEDS Iowa City's tax base is heavily weighted toward residential lots and buildings. Almost 70% of the total taxable values are residential (as compared to 55% for Cedar Rapids, a neighboring city) with approximately 23% property tax income from mercantile lots and buildings and 8% from industrial and manufacturing lots and buildings. In addition, approximately 50% of Iowa City land is tax exempt (mostly state owned) which means that the rest of the land must provide most of the City's revenues. Tax revenues 'are a product of the assessed valuations and the tax rate. The assessed valuation is constrained by the narrow diversification of the City's export economy, with the dependence on the tax exempt university. The present conditions put a definite limit on tax revenues, with any increase in revenues necessary to meet increasing costs depending to the largest extent on appreciation of housing values or increasing residential tax levies. A broader economic base will result in a broader tax base and the alleviation of the City's dependence upon real estate speculation and politically unpopular increases in residential property taxes. An economic development program to increase the City's industrial and commercial tax base is therefore needed. Until now the rapid expansion of the University of Iowa has provided much of the economic growth of the city, largely through professional and related jobs. Now that University growth has stabilized and a possible decline in enrollment is projected, an economic development program is also essential to ensure adequate job opportunities in Iowa City. Data sources for community development and housing needs section: Iowa City Comprehensive Plan for Land Use, Trafficways and Community Facilities (1978); Iowa City Plan Reports on Housing (1977); Economics (1977), Community Facilities (1977); Rental Housing Survey (1975); Survey of Exterior Building Conditions (1977); Sidewalk Report (see 1976); Committee on Community Needs (1976-1978); Ralston Creek Coordinating Committee (1976- 1978); Neighborhood Meetings (1977-1978); 1970 Census Special Cross Tabulation from EMAD (1974 and 1978). 19 Pam Aoprwmd nus Mn. 81.1411112 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT AND HOUSING PLAN SUMMARY 1. NAME OF APPLICANT City of Iowa City Z. APPLICATION/0 RANT NUMBER COMPREHENSIVE STRATEGY B -79 -DN -19-0048 ].PERIOD OF APPLICABILITY '® Original lEYry 7hnw ymtW From: 10/1/79 e: 9/30/82 0Revision 0Am11ndinant___MWW_aF_ COMPREHENSIVE STRATEGY FOR SOLVING COMMUNITY DEVELOPMENT AND HOUSING NEEDS A. GENERAL STRATEGY As portrayed in the community profile and summary of community development and housing needs, Iowa City has problems which can beneficially be addressed with federal assistance. The City's past and proposed programs demonstrate sound planning and problem elimination. During the past ten years, urban renewal, community development block grant (hold harmless -entitlement), and small cities comprehensive grant programs have been planned and/or imple- mented. In the early 1970's, Iowa City began a downtown redevelopment program using categorical funding available through the Urban Renewal Program. HUD officially closed out the Iowa R-14 program in December 1977. A successful program of redevelopment activities is now being implemented in a formerly deteriorated downtown area. The revitalized central business district of Iowa City can look forward to a future as the hub of Johnson County business and retail activities. In 1975, Iowa City became a hold harmless -entitlement community in the community development block grant (CDBG) program. Even though the downtown redevelopment activities are in 1979 perceived as needed improvements to revitalize the central business district, in 1975 (after demolition had been completed and before visible redevelopment had begun) residents had mixed acceptance of the concentrated acquisition, demolition, and redevelopment activities. Unlike urban renewal regulations, the CDBG regulations allow more local flexibility. Therefore, rather than concentrating all of the funds in one project, the City Council and residents chose four major areas for neighborhood improvement activities, programs for the elderly and handicapped, completion of the Urban Renwal Program, and development of a City Comprehensive Plan. During the first four years, many elements of this five year community development program have been completed. This year's fifth year application allows the plan completion of those CDBG funded activities. In 1978, Iowa City became eligible for discretionary funding available through the CDBG Small Cities Program. Both the federal guidelines and the Iowa City needs suggested a program which would provide a comprehensive improvement to a target neighborhood. Because data gathered in developing the Comprehensive Plan (adopted in 1978) and the Ralston Creek improvements currently being implemented with hold harmless funds, the Lower Ralston Creek Neighborhood was chosen as the area to be improved with federal funds 20 between 1979 and 1982. The neighborhood has been the victim of periodic flooding from Ralston Creek. It is a transitional neighborhood with a few deteriorated housing units mixed with light industry and land consumptive commercial land uses. The small cities funding will be used to eliminate neighborhood flooding (up to 100 year frequency floods). In addition, fragmented creekside parcels will be filled, assembled into larger tracts and sold for redevelopment and therefore more rational land use. Sixteen households and six businesses will be relocated during the improvements. Relocated families will reside in decent, safe and sanitary housing which meets minimum housing standards. In order to prepare for future federally assisted programs, detailed area plans of three other Iowa City neighborhoods will be developed during the final year of hold harmless funding. Efforts will be made to continue successful community development programs initiated with CDBG funds, such as the Minimum Housing Code Enforcement Program, the Energy Conservation Program, and the Senior Center. 21 NEIGHBORHOOD REVITALIZATION STRATEGY HOLD HARMLESS NEIGHBORHOOD IMPROVEMENT In 1977 the City Council designated the central portion of Iowa City as the CDBG Neighborhood Improvement Project Area (see map p. 45). Since this is the last year of a 5 year program concentrated in this area, a new neighborhood strategy area has not been designated at this time. Public improvements to sidewalks, alleys and parks budgeted in prior applications will be completed this year, and will supplement other programs planned for comprehensive upgrading of this area. During the past three years the following programs have been carried out in this area: housing rehabilitation, minimum housing code enforcement, neighborhood site improvement, Ralston Creek flood control, architectural barrier removal, energy conservation through heat loss reduction in homes and downtown redevelopment. Some of these programs will continue during the fifth year of CDBG funding, hopefully concurrently with CDBG funding through the Small Cities Program. In order to continue the process of revitalizing the CDBG project area, ensuring the conservation of housing stock and assisting low and moderate income persons to reduce heat loss from their homes, the following programs will be continued in FY80: minimum housing code enforcement, housing rehabilitation, energy conservation, neighborhood site improvements, and Ralston Creek flood control. a,b, PHYSICAL IMPROVEMENT PROGRAMS MINIMUM HOUSING CODE ENFORCEMENT The continuing goal of this program is to monitor the physical quality of housing units within the central corridor of the City to insure that the accomodations are maintained in a safe and sanitary condition in accordance with all the applicable codes and ordinances. Program Objectives: The established program objectives in the Housing Code Enforcement Program are as follows: To systematically inspect each renter -occupied dwelling unit within the project area for violations of the Housing Occupancy and Maintenance Code. 2. To inspect owner -occupied single family dwelling units on a complaint basis, by request or when the exterior shows evidence of extensive deterioration or neglect. 3. To'establish and maintain an inventory of all structures within the project areas containing residential units. Records shall include microfilm and computer files as well as paper file systems. 22 4. To review codes and ordinances regularly amending portions as appropriate or necessary. 5. To review office procedures and time management procedures regularly to insure field travel time is minimized, inspections are completely efficiently, reports are written comprehensively and compliance is actively pursued. 6. To continue to strive for public awareness and acceptance of the Housing Inspection Program by utilizing publications, speakers, workshops and media formats to help in the educational process. 7. To continue to develop staff professionalism and competence by annual in-service training programs. Short Term Objectives: 1. To inspect 1100 structures in the CDBG area. 2. To continue dissemination of Housing Code information to the public. 3. To enforce code compliance for all structures inspected within subsequent twelve-month period. 4. To respond to all citizen complaints of alleged code violations located in the project area within 24 hours. 5. To issue rental permits to all multiple dwellings (three units or more) and rooming houses complying with existing codes and ordinances. The Minimum Housing Code Enforcement Program is closely allied with the program for housing rehabilitation. Inspectors inform homeowners about rehabilitation grants and loans and also provide the director of the rehabilitation program with relevent information. HOUSING REHABILITATION SUBSTANTIAL REHABILITATION - 312 LOAN PROGRAM The goal of this program is to provide assistance to property owners of single and multi -family structures in obtaining loans under the 312 loan program for comprehensive rehabilitation of their properties. Program Objectives: 1. To continue to upgrade and preserve the housing stock in the CDBG project area. 2. To facilitate housing rehabilitation through the 312 loan program in the amount of $200,000, thus revitalizing deteriorating neighborhoods. 23 Short Term Objectives: To provide staff assistance in processing 312 loan applications. To bring housing units in the CDBG area into compliance with the Iowa City Minimum Housing Code. REHABILITATION OF PRIVATE PROPERTIES - 24 CRF 570.202 (i), (iii) The goal of this program is to provide technical assistance and financing through direct grants to residents in the CDBG area, for the rehabilitation of their properties. Emphasis will be placed on the correction of deferred maintenance, and the replacement of principal fixtures and components of existing structures either singly or in combination. A further goal is to complete cases in a timely manner, so that upon completion of FY80, there will be no carry over cases. By assisting low income homeowners to correct deficiencies to the structural and/or mechanical systems in their homes, we anticipate alleviating the major cause of anxiety on the part of low-income homeowners who find them- selves confronted with costly home improvements, that demand revenues beyond their limited budgets. This program will provide a means of eliminating health and safety hazards of current substandard housing units and the preservation of the housing stock of the CDBG area. In addition, a strong intent is to provide energy conservation in the form of winterization programs - a frequent request by elderly homeowners, to help them cope with ever -rising energy costs. A major long-term goal is to allow elderly homeowners to remain in their home, where they are comfortable, for as long as they desire. Program Objectives: To offer technical and financial assistance in the form of grants for improvements to the basic systems of structures, e.g. furnace replace- ment, plumbing improvements, and/or electrical improvements. All im- provements will be made in compliance with the Building Code of the City of Iowa City and all rehabilitated units will meet Section 8 Existing -Housing Quality Standards: To coordinate information from the Johnson County Social Services Department, the Council on Aging, Hawkeye Area Community Action Program, Housing Inspectors and others in identifying low income homeowners in need of assistance. To provide grants to increase the efficient use of energy in structures to owners of single family homes, who are 60 years or older, and/or have a low or moderate income and/or are disabled. Grants will be awarded in part based on data gathered through the Energy Conservation Program described below. 24 Short Term Objectives: To make improvement and/or winterize approximately 20 structures. Winterization will include installation of storm windows, caulking of openings, and increasing wall insulation to R-19 and ceiling insulation to R-22 thermal values. This rehabilitation program is closely coordinated with Code Enforcement, the Heat Loss Identification Program, and a variety of City and County programs for the elderly. NEIGHBORHOOD SITE IMPROVEMENTS The goal of this program is to provide physical improvements to residents of the CDBG area in order to upgrade and revitalize their neighborhoods. Public investments in facilities such as sidewalks, streets, alleys, neighborhood parks, bus stop furniture and other special projects is necessary to improve substandard conditions and to enhance the neighborhood environment. Program Objectives: To reverse the deterioration in the older neighborhoods of the City. To arrest the incipient decline of neighborhoods through physical improvements to deteriorated sidewalks, alleys, intersections and medians within the project area, and to provide public amenities such as neighborhood parks, street trees and bus stop furniture as determined feasible and necessary for maintaining and enhancing neighborhood ambiance. 3. To stimulate local interest and active involvement of neighbor- hood residents through neighborhood meetings (residents have already planned improvement projects and prioritized projects within each of the neighborhoods). 4. To provide incentives for private investment in the revitalization of certain neighborhoods. Short Term Objectives: To hold further neighborhood meetings as appropriate to facili- tate active neighborhood resident involvement in selecting and implementing site improvements. 2. To plan, organize and direct the implementation of selected improvements in a timely and comprehensive manner for scheduled completion in the fall of 1979. To serve six (6) neighborhoods (approximately 6,700 residential structures) during the program year. 25 ENERGY CONSERVATION: The long term goal of the Energy Conservation Program is to improve the efficiency of energy usage in Iowa City through energy monitoring and insulation programs. Data collected will indicate overall program effectiveness and will serve to identify areas needing action, and will aid in decision making concerning not only future energy conservation projects but also concerning any type of future project where energy use is a significant factor. Program Objectives: 1. To provide homeowners with specific information regarding the quality of insulation and weather sealing for the outside walls of their houses by an initial exterior scan of the property, followed by a full interior scan if requested by the homeowners in the CDBG project area. 2. To provide homeowners in the project area with photographic information from an exterior scan. The scanning is done from late October until March, weather permitting, and it is expected to take approximately five years to scan every structure in the CDBG Program Area. 3. To provide homeowners in the project area with information on the Housing Rehabilitation Program and energy conservation. 4. To monitor energy usage of the various sectors of Iowa City to provide accurate data on future policy and decision making. Short Term Objectives: 1. To carry out initial heat loss scans with the thermography instrument on 600 structures. 2. To carry out full scale building scans on structures as requested by homeowners. 3. To collect and analyze the energy data derived from the utility records of the residential, commercial, and industrial sectors and from the fuel tax records for the transportation sector, and to report it quarterly to the Resources Conservation Commission for use in spotting trends and designing future energy conservation projects. 4. To record energy usage for those homes winterized under the Housing Rehabilitation Program, or retrofitted with a solar collector, before and after energy conservation measures are installed. The heat loss identification program is closely linked with the Housing Rehabilitation Program by providing information on homes requiring insulation. 26 RALSTON CREEK FLOOD CONTROL The continuing goal of this flowing into Iowa City via construction of a dry -bottom Hickory Hill Park. Program Objectives: project is to control the volume of water the north branch of Ralston Creek, by the dam, storm water detention facility near 1. To reduce peak flood flows in the 100 year storm frequency from 3000 cubic feet/second to 500 cubic feet/second directly below the dam. To provide storage for flood waters which will reduce flood flows in the neighborhood improvement project area from approximately 6600 cubic feet per second (assuming continued development of the upper watershed) to approximately 1400 cubic feet per second. Short-term Objectives: 1. To complete the preparation of engineering plans and specifications for construction of the dam. To acquire property and easements necessary for the construction of the dam. To construct the dam. This continuing program to control the flooding of Ralston Creek will benefit the neighborhood in the CDBG project area by preventing continued deterioration and blight due to flooding. Once flooding is controlled, houses in the former flood plain can be rehabilitated. The City's application for a Small Cities Program grant to be used for improvements to the channel of the lower Ralston Creek reaches is closely coordinated with the overall management plan for the Ralston Creek Watershed. AREA PLANNING AND SUBDIVISION ORDINANCE The overall goal of this program is to enhance the City's ability to manage development and redevelopment, therefore minimizing opportunity for neighborhood deterioration and blighted conditions. This development management capacity is necessary to maximize the benefits from the City's investment in the Comprehensive Plan. Area plans and a subdivision ordinance will enable more efficient provision of public services and facilities, stronger land use management capability, identification of needed regulations, and identification of strategies for solving specific neighborhood problems. Detailed area plans will also help to ensure continued community develop- ment within the CDBG area. Problems not addressed with this 5 years of funding can be analyzed and strategies for solving them identified. 27 Program Objectives: To prepare plans which identify existing and projected deficiencies in three Council delineated neighborhoods. These plans will provide a reliable information base on which the City Council can make sound policy decisions regarding each neighborhood's development and redevelopment. To prepare a new subdivision ordinance in order to strengthen the City Council's development management capacity and to efficiently implement the provisions of the Comprehensive Plan, and to provide for timely provision of municipal facilities such as streets, sewers, and water. Short-term Objectives: To collect and evaluate data identifying key problems and character- istics for three neighborhoods. To provide detailed area plans with alternatives for ameliorating traffic and other problems, and recommendations for development and redevelopment of three neighborhoods. To prepare a new subdivision ordinance which will include provisions for limited access along arterial streets, design of lots in sensitive land areas, spatial distribution of housing (and commercial and industrial) developments, the proper orientation of housing, the design of streets and other infrastructure requirements. The area plans and new subdivision implementation of the Comprehensive information and the necessary tools. to the overall Community Development for improvements in the Lower Ralston Cities Program. DOWNTOWN REDEVELOPMENT PROGRAM ordinance will effectively assist Plan by providing more detailed Such plans are also closely linked strategy of Iowa City and the plans Creek neighborhood under the Small The continuing goal of this program is the completion of all downtown redevelopment activities begun as part of the Urban Renewal Project Iowa R-14. Program Objectives: To complete all downtown redevelopment activities in accordance with the Urban Renewal Plan and the closeout agreement. Short-term Objectives: 1. To complete the sale of one remaining disposition parcel. 2. To monitor the design and construction of two municipal parking structures. Kill 3. To continue design review procedures for private redevelopment projects. 4. To monitor the Streetscape Improvements Program which includes construction of streets and amenities in the 6 block Central Business District core area. 5. To settle all pending acquisition appeals. GENERAL PROGRAM ADMINISTRATION The goal of the CDBG program administration is to manage the planning, program development, and program implementation of CDBG activities, ensuring that they comply with state, federal and local regulations, monitoring them so that they are completed in a satisfactory manner within an acceptable time span, and coordinating them so that activities are not duplicated and the end result provides comprehensive improvement in the designated target areas of Iowa City. Program Objectives: 1. To meet the goals, objectives and performance standards for each Community Development Plan project, through sound program administration and management. 2. To provide an organized process through which citizens have the opportunity to be involved in defining projects, their scope, funding and performance evaluation. Short-term Objectives: 1. To administer the close-out of all CDBG projects by July 1980. 2. To ensure adequate staffing of all implemented programs and review performance regularly. 3. To continue regular monthly meetings of the Committee on Community Needs to review ongoing projects and receive and provide citizen input to the Community Development Program. 4. To continue neighborhood meetings and meetings of the Ralston Creek Coordinating Committee to ensure active involvement of citizens in neighborhood revitalization and Ralston Creek improvements. Note: Detailed comments from HUD have not yet been received with regard to the fifth year application and further changes may be made in the application. Any revisions to the fifth year application will be forwarded as amendments to the Small Cities Application as appropriate. d. PUBLIC SERVICES TO BE CARRIED OUT In addition to the physical improvement programs to be carried out with CDBG funds, the City is carrying out the following public improvements with funds other than CDBG, which will also assist in revitalizing the neighborhood strategy area: 29 1. Grading and gravelling some alleys. 2. Repairing concrete street defects on all arterial streets and bus routes. 3. Asphalt surfacing of streets in the urban renewal area. 4. Erection of bus shelters throughout the project area if the City's application for an UMTA grant is successful. 5. Placement of a traffic signal at Court and Clinton Street. 6. Inspection and inventorying of all sidewalks and enforcement of the sidewalk ordinance. 30 e. STH YEAR COBG IMPLEMENTATION SCHEDULE -Minimum Housing Code Enforcement Continuous ongoing program •Housing Rehabilitation Inform eligible persons about program Coordinate information from other agencies and Heat Loss Identifi- cation program Carry out Housing Rehabilitation program -Neighborhood Site Improvements Continue Neighborhood meetings Implement site improvements *Energy Conservation Continue Heat Loss Identification Provide information on winterization program Monitor energy usage -Senior Center Rehabilitation of structure Hiring of director and assistant Development of programs, policies, and budgets Relocation of agencies into Center Planning 1. Area Plans Neighborhoods I, II, III a. Data gathering b. Plan preparation 2. Subdivision Ordinance Preparation Review by Planning and Zoning Commission and City Council -Urban Redevelopment (Iowa R-14) Completion of: Project Administration, monitoring design review of redevelopment con- tracts, property acquisition appeal process and relocation *Program Administration Monitoring, record keeping, ensuring compliance with regulations, coor- dination and citizen participation -Ralston Creek Flood Control Completion of Engineering design Acquisition of land and easements Construction of dam -Ongoing Programs Staff activities will be coordinated with the implementation schedule for the Small Cities Program Improvement Area. 31 ANTICIPATED RESOURCES CDBG Entitlement Funds $671,000 Sale of CDBG Acquired Urban Renewal Property $264,500 Reprogrammed Unobligated funds from prior Program Year $398,445 g. THE ROLE OF NEIGHBORHOOD ORGANIZATIONS Committee on Community Needs. The Committee on Community Needs (CCN) is a group of 15 Iowa City residents, representing a cross-section of citizen interests, backgrounds and socio-economic levels. The Committee is appointed by the City Council to gather citizen comments about on-going and proposed community development programs and to make recommendations to the Council about these programs. The Committee holds regular monthly meetings and monitors individual programs. Each Committee member is assigned to one or more projects for detailed monthly review and input. For example, a Committee member residing on the north side of town will talk to his/her neighbors about the housing rehabilitation and site improvement programs, attend neighborhood meetings and be a general liaison between residents of the neighborhood, CCN,' City Council and the City staff. CCN also plays an important role in presenting the CDBG program to citizens through radio shows and spot ads, newspaper articles and slide shows. The Committee held two public meetings to solicit comments and ideas regarding community development projects to be included in the 5th year CDBG application. At a further public meeting citizens commented on priorities among the 21 projects proposed. CCN then made a final recommendation to the City Council. Ralston Creek Coordinating Committee. In 1975, when CDBG funds became available, residents of the Ralston Creek neighborhoods organized to assure that watershed management projects would be planned and implemented with CDBG funds. The Committee has met regularly during the past four years and been actively involved in every phase of the program from hiring a consultant, through review of the Watershed Management Plan and implementation of interim projects, and the initial phases leading to the construction of storm water detention basins on the north and south branches of Ralston Creek. The Committee is also involved in the Small Cities comprehensive grant application for the lower Ralston Creek area which includes Ralston Creek channel improvements. Neighborhood Groups for Site Improvements. Residents of six neighborhoods eligible for site improvement programs have played an active part in these projects. In each of six neighborhoods, residents organized, and selected the improvements to be carried out, and spent many hours helping to plan and implement the improvements themselves, for example by the construction and planting of a mini -park in one neighborhood. Neighborhood residents will continue to be involved in all neighborhood revitalization programs. SUPPORT OF NEIGHBORHOOD REVITALIZATION STRATEGY BY HAP The housing assistance, goals, and general locations for implementing the goals, support the neighborhood revitalization strategy in a variety of significant ways. In the past, a CDBG-funded housing rehabilitation program has been operating throughout the Neighborhood Improvement Project Area. The program will be continued as an important element in the strategy to conserve housing stock, and the HAP goals further propose to complement this effort through 312 loan assistance for lower income homeowners. Assistance for rehabilitation of rental properties will be pursued through the Traditional Public Housing and Section 8 Existing programs. The proposed goal for rental rehabilitation will help to arrest a trend toward conversion and deterioration of older large single family rental properties in the CDBG project area, thereby increasing the supply of standard housing for lower income families. Goals for new construction of rental units are likewise a part of the overall revitalization strategy. Inadequate housing which is planned to be removed from the creek flood plain through the Small Cities Project will be replaced by new construction on the periphery of the project area. The general approach to providing housing assistance is compatible with and supportive of the goals of the neighborhood revitalization strategy. Current and proposed subsidized housing units are scattered throughout the City in order to prevent "low income ghettos", to remove lower income families from hopelessly blighted areas, and to provide mixed income neighborhood environments. Past HAP goals were addressed primarily to the acute needs of the elderly and handicapped population. As a result, barrier - free housing for the handicapped is now being developed, one elderly housing complex is under construction, and an additional elderly housing complex will be built in conjunction with the Senior Center. A majority of the new construction goals for the next three years are directed toward families, however, the remaining needs in the elderly and handicapped 33 category will be addressed. In fact, minimum goals were raised to allow increased housing rehabilitation for elderly residents who wish to remain in their homes. 34 SMALL CITIES NEIGHBORHOOD STRATEGY AREA A small portion of the City's CDBG project area has been targeted for intensive improvements under the Small Cities Program. This area, a nine block area in southeastern Iowa City, known as the Lower Ralston Creek Neighborhood (See map 45 ), is one of the most seriously blighted areas in the City. Most of the area lies in the floodplain of Ralston Creek and much of the deterioration of structures in the area is due to the frequent flooding of the creek. For this reason improvements in the area have not been undertaken to date. With Ralston Creek improvements upstream now underway (CDBG program 1976-1980) a concerted effort in this downstream area becomes feasible. The major objectives to be accomplished in this area are: the elimination of slums and blight, prevention of further deterioration (particularly through flooding), conservation and upgrading of the housing stock, stabilization and revitalization of the neighborhood, and elimination of conditions detrimental to the health, safety and welfare of the citizens. The needs of the low and moderate income residents of the Small Cities project area have been given priority. The program will benefit low and moderate income residents by 1) removing residents from flood prone structures and relocating them to decent, safe and sanitary housing, 2) reducing the area subject to flooding, and 3) providing a site for low income -subsidized housing. Significant narrowing of the flood plain will also allow the use of Federal and other funds for rehabilitation of deteriorating structures, now located in the floodplain and ineligible for such programs. a,b PHYSICAL IMPROVEMENT PROGRAMS The goal of this program is to eliminate blight and the causes of blight and to encourage private reinvestment in the Lower Ralston Creek Neighborhood. Program Objectives: 1. To eliminate the threat of flooding in the Lower Ralston Creek Neighborhood through channel improvements designed to contain 100 year frequency floods throughout the reaches of the project area. 2. To reduce flooding in Iowa City's central neighborhoods through the contraction of the flood plain resulting from the channel improvements. 3. To eliminate blight by allowing for the use of CDBG and HUD 312 housing rehabilitation assistance to dwelling uni•ts.pre- viously ineligible for such assistance due to being located within the flood plain. 35 4. To eliminate the health and safety hazards of current substandard housing units by relocating residents to decent, safe and sanitary housing units in a non -flood prone area. 5. To assemble fragmented parcels to appropriate size for land consumptive commercial use to be sold for redevelopment thereby promoting more rational land use. Short-term Objectives: 1. To acquire 21 complete parcels and small portions of four additional parcels along the west bank of Ralston Creek, between Harrison Street and Kirkwood Avenue, in order to facilitate Ralston Creek channel improvements, remove deteriorated structures, and allow for the assembly of parcels for resale for land consumptive commercial reuse. 2. To provide financial assistance and relocation counseling to 16 households and six businesses which will be displaced by Ralston Creek channel improvements, or are and will continue to be flood prone. 3. To remove 18 primary and seven accessory structures in order to facilitate proposed Ralston Creek improvements, to remove blighting influences from the neighborhood, and to begin preparing for resale and redevelopment. 4. To alter Ralston Creek channel in order to provide sufficient capacity to contain 100 year floods throughout the channel reach from Harrison Street to Kirkwood Avenue. 5. To prepare a site suitable for development for housing to be used by low-income residents. 6. To provide technical and financial assistance to homeowners rehabilitating and flood proofing houses formerly in the flood plain. 7. To administer the Small Cities program, insuring that it complies with state, federal and local policies and regulations; and to monitor the project to ensure completion in a satisfactory manner within the allotted time. 36 e. SMALL CITIES PROGRAM IMPLEMENTATION SCHEDULE ACQUISITION RELOCATION DEMOLITION $ CLEARANCE RALSTON CREEK CHANNEL IMPROVEMENTS HOUSING REHABILITATION LAND DISPOSITION ADMINISTRATION _ -- FY80-- 'Oct+Jan-Apr- I ice, I , I � I I � i I I 37 FY81 FY82 — n - -- — Apr July, f. ANTICIPATED RESOURCES Small Cities Program fund $2,000,000 ROLE OF NEIGHBORHOOD ORGANIZATION Committee on Community Needs and Ralston Creek Coordinating Com- mittee. The Committee on Community Needs (CCN) and the Ralston Creek Coordinating Committee (RCCC) -- for a description of each see Hold Harmless Neighborhood Area Strategy -- have been actively involved in the development of the Small Cities program. Joint meetings of CCN, Ralston Creek Coordinating Committee, and neighborhood resi- dents have been held to obtain comments and formulate recom- mendations during the planning of the Small Cities program. CCN has made recommendations toward the final preapplication and full application documents. In addition, neighborhood surveys were conducted prior to the submission of the preapplication, and neighborhood imput and information will be continued in the form of a neighborhood newsletter and continued neighborhood meetings throughout program implementation stages. SUPPORT OF NEIGHBORHOOD REVITALIZATION STRATEGY BY HAP A major component of Iowa City's housing assistance efforts has been directed at providing technical and financial assistance to low and moderate income homeowners for rehabilitation. The proposed project directly supports these efforts by providing the opportunity for structures currently ineligible for rehabilitation assistance to participate in either the CDBG or 312 rehabilitation program. In the long run, these efforts will contribute to the maintenance and expansion of the supply of decent, safe and sanitary housing in Iowa City. A second way in which this project directly benefits Iowa City's HAP is by providing a suitable location for developing additional Federally assisted housing. The provision of added housing oppor- tunities which are decent, safe and sanitary, in a central location enhances the City's ability to combat residential sprawl. 39 C. COMMUNITY -WIDE HOUSING STRATEGY To address quantity shortage. Land suitable for development is relatively scarce. Iowa City will be providing new sewage treatment facilities to correct a system deficiency. This will allow additional development to take place on the southeast side. In addition, proposed changes in the Zoning Ordinance based on the new Comprehensive Plan will allow higher density development in some areas of the City. It has been a policy of the City to encourage subdivision development within certain guidelines and to assist developers in processing their development plans. Assisted housing programs serve both homeowner and renter needs with new construction. Methods of providing a successful 235 program for low and moderate income prospective homeowners will be thoroughly investigated and assisted new construction for rental housing will be initiated. During the next year, applications will be made for 30 units of Section -8 new construction or Traditional Public Housing. To addressuag lity maintenance. Code enforcement and housing rehabilitation programs currently operating will be modified, but continued next year, supplemented by a proposed Traditional Public Housing acquisition and rehabilitation program for rental housing. In the past, rehabilitation has been primarily directed to owner - occupied housing and has been confined to areas within the CDBG Neighborhood Improvement area. The CDBG Systematic Minimum Housing Code Enforcement program, directed to rental housing, operates within the CDBG boundaries while City -funded code enforcement activity takes place outside the CDBG area. Ongoing City -funded activities will continue as a City-wide housing maintenance program after termination of the CDBG Systematic Minimum Housing Code Enforcement program. Actions other than code enforcement which are intended to foster housing maintenance and improvements, specifically tax incentives to promote investment and restoration of deteriorated or abandoned housing, are being considered by East Central Iowa Council of Governments as elements of their multi - county Housing Policy Plan. If such programs are forthcoming, Iowa City would fall within the jurisdiction of implementation and would encourage their development locally. To address need for subsidies. The updated assessment of housing assistance needs of lower- income households clearly points to major categories of need among elderly homeowners (71%) and small family renters (76%). Housing rehabilitation goals will serve as the primary mechanism for addressing all lower income owner household 39 needs. An additional 10 units of traditional public housing acquisition and rehabilitation are proposed to address the larger family rental housing need. Through new construction projects which are proposed during the next year, rental subsidies could be offered to an additional 30 units. As a third approach to meeting rental housing needs, a 50 unit increase in contract authority for rental subsidies in existing units will be pursued. Planning for housing development. City-wide planning for housing development will be accomplished in part through implementation of the Comprehensive Plan, the new zoning ordinance and the Housing Assistance Plan. Community facilities and improvements are currently adequate for the accomplishment of assisted housing goals. Program capacity to serve elderly needs is being increased by developing the Senior Center facility. Coordination with other communities and planning agencies. Iowa City will continue to encourage and facilitate development of an area -wide housing opportunity plan, a county housing development policy and a county housing authority. Additionally, the possibility of implementing a regional housing program will be investigated. Monitoring impacts ofrp ogram development. Iowa City housing programs will continue to be closely monitored in order to improve the effectiveness of housing assistance for lower income households. Spatial deconcentration. For some time, the development of housing programs in Iowa City has been directed toward achieving spatial deconcentration of lower income families. The existing rental subsidy program with 334 units, encourages lower income families to seek housing at scattered sites throughout the City. Public housing for families now in the process of development, will be constructed in small groups at scattered sites. Proposed new construction will be developed in the same manner. Fair housing. Continued fair housing practices will be ensured by updating the local ordinance to conform to recent changes in the state fair housing regulations. Changes, if adopted, will prevent discrimination against tenants on the basis of their friends. Increasing the choice of housing opportunities. In addition to the federally subsidized housing goals referenced above, a major project to increase choices of housing opportunities for low income families in Iowa City has been proposed through the Small Cities grant application. A combination of new ,N construction, rehabilitation, and acquisition/relocation will provide opportunities for lower income families to seek housing outside the flood plain, to obtain adequate housing near their old neighborhood, or to upgrade housing conditions within the neighborhood. Fifty-five percent of the female -headed households in Iowa City are non -elderly, single women and, as such, are not eligible for most federally assisted housing programs. Housing alternatives for the remaining 28% elderly and 16% family heads are expected to be substantially increased by projects now in development. Minority households comprise only 2.2% of the City population and minority applicants have comprised a much smaller percentage of the total applicants for housing assistance. To insure that minorities, female -headed households and other low income house- holds are aware of the possible housing programs available to them, the Iowa City Housing Commission has considered sponsoring the publication of a comprehensive Housing Information pamphlet. Completion and distribution of the pamphlet is expected during the next fiscal year. Displacement. As reflected on Table II of the Housing Assistance Plan and the narrative of the community development strategy, the City's proposed Small Cities project will necessarily involve the displacement of 16 households from inadequate housing. Relocation assistance will be available to these households, and the relocation activities as set forth in the Uniform Act will be strictly followed. In addition, as a part of the housing strategy and HAP goals to assist residents to remain in their neighborhood, a HUD -subsidized new construction project for up to 10 units has been proposed for development on the periphery of the target area outside the flood plain. 41 D. STRATEGY FOR PROVIDING COMMUNITY -WIDE PUBLIC FACILITIES AND IMPROVEMENTS SENIOR CENTER The long-term goal regarding the Senior Center is to provide a centrally located accessible facility which can house a variety of programs and services for the elderly in the community. Program Objectives: 1. To rehabilitate the old Post Office building acquired with CDBG funds for reuse as a Senior Center. (An architect has been hired and is now completing plans for the structure.) 2. To provide leadership in meeting the needs of the elderly in Iowa City by providing a well designed facility and administrative staff support for the project. Short-term Objectives: 1. To direct, monitor, and coordinate the exterior renovation as the old Post Office structure is preserved. 2. To direct, monitor, and coordinate the interior construction as the structure is developed for reuse as a multi-purpose Senior Center. 3. To direct, monitor, and coordinate the interior decorations, furnishings and equipping of the Senior Center to provide a functional and aesthetically pleasing environment. 4. To train employees, agency directors, and volunteers to develop management skills to operate the Senior Center in an efficient effective manner. 5. To provide technical assistance to agencies relocating offices into the Senior Center. 6. To provide staff support to both the Senior Center Comm- ission and Council of Elders as they advise the City Council during development of the project. E1y0A ECONOMIC DEVELOPMENT STRATEGY Iowa City's Economic Development Program which is just getting underway, is being locally funded. The program will include an analysis of the City's economic base, with particular emphasis on identifying local strengths and weaknesses. Alternative economic development strategies will be evaluated in terms of their potential for increasing the tax base and balancing the job market in Iowa City. The Downtown Redevelopment Program is providing opportunities for new downtown commercial development. The improvement program for the lower Ralston Creek area (under the application being submitted for the Small Cities Program) proposes partial acquisition and clearance of a blighted, mixed used area, with assembly of parcels of land to permit the development of land consumptive commercial uses. CS? MAPS 1: This map shows the portion of Iowa City which has been designated as the 403 area for CDBG programs. The area for the proposed Small Cities project is contained in the 403 area, but is considerably smaller in size so that a concentrated effort can be made to deal with all the problems identified within the area. The chart compares statistics from a recent partial survey of the Small Cities project area and from 1970 Census information. Both the Census and the survey identify a concentration of minority, elderly and low-income persons living within this area. 2 and 3: These enumeration district maps depict the concentration of low and moderate income persons, poverty level population and minorities living within the project areas. The Small Cities project area,lies within enumeration districts 36 and 39. Housing in the extended area which will benefit from the proposed Ralston Creek improvements lies within enumeration districts 42,44, and 47. 4: The major impetus for developing CDBG and Small Cities flood control projects has been the necessity for channel improvements in Ralston Creek. Map 4 indicates the amount of land in Iowa City which is susceptible to flooding. Proposed creek improvements will greatly reduce flooding in the project areas, and will make channel imrpovements upstream possible. 5: Many of the houses in the Small Cities project area are structurally deficient. Map 5 demonstrates the poor quality of houses in this area as compared to overall housing conditions in Iowa City. 6: The unfavorable mix of land uses in the project area has inhibited redevelopment. A section of the City's recently adopted Comprehensive Plan is included to show the land use pattern which the Small Cities project will help to promote. 7: Project Area Maps: These eight maps represent the locations of projects undertaken during the CDBG funding years. 8:- Small Cities Program Area: This map shows the location of the area in which all Small Cities activities will take place. 44 APPROXIMATE SCALE O 1 km. 2 mi. IOWA CITY 1970 CITY WIDE "CONCENTRATION" OF LOW & MODERATE INCOME HOUSEHOLDS source: 1970 census eAs above city% CITY % of LOW & MODERATE +++++++++* INCOME FAMILIES: 37.2 % + + + + + CITY% of LOW & MODERATE INCOME INDIVIDUALS=88.2% 31 23 + + #30 + /✓/ //// // + +++++ +* 24?i 27. 25' 32 33 + E/4 /29� 45 / 46 48 ,,,, 22 49 rM >�/Fy% SOW S0 , ;39 55 , ' 54 } + # 53 +*37... + + + + } 52 + + + + i + + + + . + + + + . i + 56* 57 + + /✓/✓/ + + i 58 + + + + + + + + + + + + + + +++36++++ i ++ ++ + + + + + + + + + + + + + + + + + + + + + + + .... + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++++ + + + + + + + + + + + + + + + + + + + + + + + + + +++ + + ice; 3 L.. L!INu yme ; s. _ 1 , �Y I �; •J OR CITY OF IOWA CITY EXTERIOR HOUSING CONDITIONS AUGUST 1976 GOOD GOOD TO FAIR FAIR FAIR TO POOR POOR Kin - CITY OF IOWA CITY EXTERIOR HOUSING CONDITIONS AUGUST 1976 GOOD GOOD TO FAIR FAIR FAIR TO POOR POOR •• Potential Park . tf Site � 'y�jPotsntial Park School Site r mm •/ //// I. r // ::•�•• • ' R .. r rr ,�. IMM .'r. ... G Y • • . . 77 . • . r`�• :: �rr,.:.. _, a .r.¢r;. .. .. r. .� r'LC.r` r• 0. ... !- r r ( • r Yr rr i t ft rr f • :r^F.r sr;r .... � rr .,.� �T �'�{: irr. .... rr;,r.. -.rrr ;r qtr• c ........ :-....r•��• ..:\ -�Y.'r. fir' • ••• .. -.. ': �C ••.• •.... ... �. .......:+�r... 0:10 �• • •' r' •, ... .. • • •, .... .. • .. ........::..• •. � r •U:i • • .... • • . •,; T .........• .••, ............. .. .. r;r .'•r . ... . . .. .... .... .... .. ..... . ...... ... f1 .': • .... '.r`.c ............ `r`..+" ... .. ... C ,( ... '{.... ................ r• • c•. rrSr. of r 0. PROJECT LOCATION MAPS Community Planning 2a. Housing —� Rehabilitation Zc. Neighborhood Site Improve- ments F-3. Housing Code Enforcement u, N V 6 4. Removal of Architectural Barriers 5. Ralston Creek Flood Control 6. Iowa R-14 .k Redevelopment 7. Senior Center --j B 0 O O X O C9 UA z he LuW cc p At W O ■ :rlop ■ oo ■ll "now m 53 ��� 0 z W T - m z mlllm=wmmm-- EXISTING NEIGHBORHOOD PROJECT BOUNDARY I STREET CLOSED TO TRAFFIC VACATED STREETS 00 BLOCK NUMBER 00 'PARCEL NUMBER r SCALE r o®roon Form Approrad ' U.B. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DE`rELOPMENT AND HOUSING PLAN SUMMARY THREE YEAR ?ROJECT SUMMARY 1. NAME OF APPLICANT G. PERIOD OF APPLICABILITY A. City Of Iowa City From; To: ® OrIgInal(Ewy three ymn) 0 RMrlon, dated ]. APP LICATION/G RANT NUMBER B -79 -DN -19-0048 October 1 1979 Se t. 30 1982 0 Anwndn' nt•d.bd B. PROJECT SUMMARY S R U TIMING AND ESTIMATED FUNDING (In Mws*nd. of$I BENEFIT OF ESTIMATED COBG FUNDS (IMPORTANT.' See InsMcdons before PROJECT R F T H p PROGRAM ESTI• YEAR I YEAR II YEAR III completing this section.) NUMBER W E E M MATED G N 0 LOW/MOO OTHER LOW/MOD OTHER LOW/MOD OTHER OTHER Y C D BENEFIT BENEFIT BENEFIT BENEFIT BENEFIT BENEFIT FUNDS E La) (B) Id Idl lel Ill I1 I Ihl III pl lkl 111 m Lower Ralston Creek Neighborhood 8500 36 Revitalization Acquisition of Real Property X 142.8 197.2 121.8 168.2 - - Public Facilities and Improvements - Flood and Drainage Facilities X - - 146.2 85.8 348.4 204.6 Clearance Activities X - - 31.5 43.5 - - Relocation Payments and Assistance X 81.0 19.0 71.3 16.7 Rehabilitation and Preservation Activi- ties - Rehabilitation of private properties X - - - - 50.0 - General Administration - - - - 90.0 - 90.0 - 92..0 (530.0) 775.0) (695.0) B. SUBTOTALS Is 223.8 Is 216.21S 370.8 Is 314.21$ 398.41'$204.6 , 7. TOTAL COSTS TO BE PAID WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS 5 1,728,000 8. ESTIMATED EKPENDITURFS BENEFITTING LOW -ACID MO DERATE-IN COME PERSONS (Sum otColumm y, I and k) $ 993,000 O. LINE B AS A PERCENT OF LINE 7 57.5 % Papa of P 'HUD•706510.701. Forth Approved OMB No 61-R7618 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT ANNUAL COMMUNITY DEVELOPMENT PROORAM City of Iowa Cit 2. APPLICATION/O RANT NUMBER PROJECTSUMMARY B -79 -DN -19-0048 7. PERIOD OF APPLICABILITY rrtthh A. IN ORIGINAL (each ywrl FRDM TO -C3 REVISION, DATED October 1, 1979 September 30, 1980 LD AMENDMENT, DATED B. NAME OF PROJECT S. PROJECT NUMBER 7. EIJ VIRONMENTAL REVIEW STATUS Lower Ralston Creek NeighbQz ev' Under Review B. ENTITY WITH RESPONSIBILITY FOR CARRYING OUT THE PROJECT6. TtL PHONE NUMBER Department of Planningand Program Development 319 354-1800 ext. 311 10. DESCRIPTIDN OF PROJECT The project will involve the acquisition -of properties which either (1) encroach on the Ralston Creek floodway; (2) will interfere with the City's ability to make necessary channel improvements; and (3) are now and will continue to be subject to flooding. Relocation payments and assistance will be provided to those house- holds and businesses displaced by the Small Cities program. Relocation benefits will include moving expenses and, in the case of residents, financial assistance for purchasing or renting comparable housing which is decent, safe, and sanitary. Relocation assistance will be provided to the inhabitants of six owner -occupied residences, ten rental units and six businesses, assuming no changes in residency or tenure occur before the implementation of the project. CK) Check //continued on additional pnge(s) and attach. 11. CENSUS TRAMS)/ENUMERATION DISTRICTISI 36,.39, 42, 44, 47 12. ANTICIPATED ACCOMPLISHMENTS , The goal of the project is to acquire 21 complete parcels and portions of four additional parcels along the west bank of Ralston Creek and to relocate, with a minimum of disruption, 16 households and six businesses which will be displaced by the Ralston Creek channel improvements, or which will continue to be flood -prone in order to: (1) facilitate Ralston Creek channel improvements; (2) remove deter- iorated.structures; and (3) allow for the assembly of parcels for resale for land ® Check if continued on additional page(sl and attach. 12. CDBG COMPONENT ACTIVITIES PROGRAM YEAR FUNDS tin lh Wl.+ dr of Sl CDBG OTHER (Lirtcwnpone-It �ctiritin wing n�me+ol�rtivilier +h orm Low/MOD OTHER AMOUNT SOURCE in Psrt A, COSTSUMMARY, Foran HUD -7057.1 BENEFIT BENEFIT (.1 (b) (p) (dl (el Acquisition of Real Property $ 142.8 S 197.2 $ Relocation 81.0 19.0 14. Totals S 223.8 S 216.2 $ 3; 15. Total Costs To Be Paid With Community Development Block Grant Funds (Sum of Columns b and cl S 440. 0 Replaca Forth HUD -7015.1, which i1 Ob.deie Pe955 Of pages HUU-706 i 16.781 DESCRIPTION OF PROJECT: (continued) Acquisition of property will primarily be confined to a three block portion of the project area on the west side of Ralston Creek. All properties within the project area south of Benton Street and west of Ralston Creek will be purchased. In the two block area between Benton Street and the Rock Island Railroad tracks partial acquisition will occur. Property will also be acquired on the southeast quadrant of the intersection of Harrison and Linn Streets. The properties to be acquired presently include the following uses: five owner -occupied housing structures, one structure containing an owner -occupied unit and eight rental units, two rental housing structures, two vacant houses, and six businesses. Acquisition will be initiated in March 1980 and will be completed during the second year of the program. Displaced residents will be provided actual reasonable moving expenses. Owner occupants may receive up to $15,000 in addition to the price of their home, for assistance in securing replacement housing. Renters may be paid as much as $4,000 in rental assistance payments. Relocation payments for businesses will compensate for actual reasonable moving expenses along reimbursement for a variety of incidental costs. In addition to financial assistance substantial technical assistance will also be provided to displaced residents and businesses. Relocation activities will be initiated in May 1980 and be completed during the second year of the program. 56 ANTICIPATED ACCOMPLISHMENTS: (continued) consumptive commercial re -use, the appropriate usage as described by the City's new Comprehensive Plan. 57 LOWER RALSTON CREEK SMALL CITIES PROGRAM 1st YEAR PY 80 Relocation $100,000 Administration Acquisition $90,000 $340,000 Total 1st Year Cost $530,000 61.1 roan Approved OMA Nn &I.R1I110 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL COMMUNITY DEVELOPMENT PROGRAM COST SUMMARY 1. NAME OF APPLICANT City Of Iowa Cit a. AFFLICATION/GRANT NUMBER B -79 -ON -19-0048 J. PERIOD OF APPLICABILITY a. IM ORIGINAL leach yMl) ❑ REVISION,DATED ❑ AMENOMENT,DATED FROM October 1, 1979 ITO September 30 1980 Lim PART A. SUMMARY OF PROGRAM ACTIVITY (Important: Seo Instructions before clanIfyinp costa) AMOUNT FOR HUD USE ONLY 1 Acquisition of Reel Property S 340,000 S 2 Disposition 3 Public Facilities and Improvements a Senior Center b Parks, Playgrounds and Other Recreational Facilities C Centers for the Handicapped d Neighborhood Facilities e Solid Waste Disposal Facilities I Fire Protection Facilities and Equipment g Parking Facilities h Public Utilities, Other Than Water and Sewer Facilities 1 Street Improvements ' j Water and Sewer Facilities k Foundations and Platforms for Air Rights Sites I Pedestrian Malls and Walkways III Flood and Drainage Facilities n Specially Authorized Public Facilities and Improvements (List) (1) $ (2) ., . `� —Ow (3) IF 7 14 Clearance Activities 5 Public Services B Interim Assistance 7 Completion of Previously Approved Urban Renewal Projects .taplawl Form HUD -7015.5, which is Obwlate Page 1 of pages HUD -7057 ie•Ta1 59 Page 2 of pages HUD -7067 (6-78) AMOUNT FOR HUD USE ONLY B Relocation Payments and Assistance S 100,000 B 9 Payments for Loss of Rental Income 10 Removal of Architectural Barriers 11 Specially Authorized Assistance to Privately Owned Utilities 12 Rehabilitation and Preservation Activities a Rehabilitation of Public Residential Structures b Public Housing Modernization e Rehabilitation of Private Properties d Code Enforcement e Historic Preservation 13 Specially Authorized Economic Development Activities y r y a Acquisition for Economic Development b Public Facilities and Improvements for Economic Development e Commercial and Industrial Facilities 14 Special Activities By Local Development Corporations, Etc (List) a b� .y�((� ..� s.• • .r d 15 SUBTOTAL 440,000 16 Planning and Urban Environmental Design (See Part 8 0l this lorm.J r' ye•?S i; p,,� izt �i ': 17a Development of a Comprehensive Community Development Plan b Development of a Policy -Planning -Management Capacity c Specially Authorized Comprehensive Planning Activities 17 General Administration (From Part C, Line 61 80,000 18 Contingencies and/or Local Option Activities (Not to exceed 10% of amount shown in Part D, Line l) 10,000 19 TOTAL PROGRAM COSTS (Sum of Lines 13 through 18) 5 530,000 S Page 2 of pages HUD -7067 (6-78) Page 3 of pages HUD -706716-78) A.1 PART B. DESCRIPTION OF PLANNING AND URBAN ENVIRONMENTAL DESIGN COSTS 0 Check if continued on additional paye(s) and attach. PART C. GENERc.L ADmINISTRATION COSTS Lina (See instructions for descriptions of administration activities before AMOUNT FON HUD ' USE ONLY . classifying case below.) I General Management, Oversight and Coordination S 72, 000 $ 2 Indirect Costs (Allowable If charged pursuant to a cost allocation plan) 3 Citizen Participation 2,000 4 Environmental Studies Necessary to Comply With Environmental Regulations 6,000 5 I Other (List) a $ b ;•y..tr4�.�,y� 'i r +a iAti ON e . ;gta'4. 6 Total General Administration Costs (Sum of Lines I through 5) $ 80,000 $ Page 3 of pages HUD -706716-78) A.1 Page 4 or pages c1) 1aio, Lina PART D. BLOCK GRANT RESOURCES FOR PROGRAM COSTS AMOUNT FOR HUD USE ONLY 1 Entitlement Amount $530,000 $ 2 Lou: Repayment of Urban Renewal/NDP Loans (Attach Schedule) S 0 3 Grant Withheld for Repayment of HUD -Guaranteed Loan $ 0� 4 Grant Amount For Program Activities (Line 1 minus sum of Lines 2 end 3) S $ 5 Program Income $ 0 $ 6. Surplus From Urban Renewal/NOP Settlement $ 0 $ 7 Loan Proceeds $ S 6 Reprogrammed Unobligated Funds From Prior Program Year (Attach Schedule) S 0 $ fl TOTAL BLOCK GRANT RESOURCES FOR PROGRAM COSTS (Sum of Lines 4 thru B) $530, 000 $ Line PART E. SUMMARY OF PROGRAM BENEFIT AMOUNT FOR HUD USE ONLY 1 Costs Subject to Program Benefit Rules $440,000 S 2 Expenditures Principally Benefitting Low- and Moderate -Income Persons $223 800 $ 3 Line 2 as a Percent of Line 1 50.9 % % 4 Other Expenditures $216,200 $ 5 Line 4 as a Percent of Line 1 49.1 % % Page 4 or pages c1) 1aio, SMALL CITIES PROGRAM LOCATION MAPS 1. This map shows the Small Cities program area. All Small Cities program activities will be carried out in this area. 2. This map identifies the properties which must be acquired to implement the proposed program elements. 3. This map further identifies the properties to be acquired and uses to be relocated by type of land use. 4. This map identifies the improvements which will be made in the Small Cities Program area including Ralston Creek channel improvements, proposed site for assisted housing, location of area of housing rehabilitation, and the location of property to be sold for redevelopment as commercial, land consumptive uses. 63 64 he W W 9x U Z 0 IME Nl .J a Ix wm W 3 0 mi BURLINGTON U) k cf) COURT ST. Po57 ' OFFICE ' ST F� r I i. cf)�cn 0 BENTON STREET w no I� La F, 'Ill rkr!rl IIF- R -,=Il 65 ACQUISITION MAP = PROPERTY TO BE ACQUIRED PROJECT BOUNDARY i STREET CLOSED TO TRAFFIC VACATED STREETS 00 BLOCK NUMBER .. PARCEL NUMBER P1 CITY OF IOW, • SCALE, DFVISFDt 0 0 0 x 0 V Lu Z LY Lil W Al u Z, 0 J a IIx W 0 BURLINGTON � � U) U) TE ST ---1 COURT L/ m LEGEND i USE MAP RESIDENTIAL COMMERCIAL ]SCHOOL ] VACANT ZOJECT BOUNDARY 'REET CLOSED TO TRAFFIC 4CATED STREETS .00K NUMBER LRCEL NUMBER :ITY OF IOWA CITY -- �CALEo®me ri I IO 0 0 ix 0 C2 i Lu z W W coo Al Z 0 J a awo W 3 0 Ba BURLINGTON c~n co 0 COURT ST. 'I• POST OFFICE Nil J 1. .r• _ BENTON BENTON STREET vil' • N ST w z m Q,- 9 F.I.z . I Q J E B • ST. LEGEND a 4 PROPERTY DISPOSITION • RALSTON CREEK IMPROV Q ASSISTED HOUSING SITE HOUSING REHABILITATION KIRKWOOD II 67 PROJECT BOUNDARY STREET CLOSED TO TRAFFIC r��� VACATED STREETS 00 BLOCK NUMBER 0o PARCEL NUMBER I'll SCALE, o®neon Bd REVISED, I HENRY w Z C) SABIN SCHOOL _Z m J � �� I BENTON BENTON STREET vil' • N ST w z m Q,- 9 F.I.z . I Q J E B • ST. LEGEND a 4 PROPERTY DISPOSITION • RALSTON CREEK IMPROV Q ASSISTED HOUSING SITE HOUSING REHABILITATION KIRKWOOD II 67 PROJECT BOUNDARY STREET CLOSED TO TRAFFIC r��� VACATED STREETS 00 BLOCK NUMBER 0o PARCEL NUMBER I'll SCALE, o®neon Bd REVISED, Form Approved OMB No. 63-R1471 Previous Edition is Obsolete HUD -7095 (10-78) 1. NAME OF APPLE.,.,,.: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT City of Iowa City, Iowa COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2. APPLICATION/GRANT NUMBER HOUSING ASSISTANCE PLAN B — 7 9 1 — 1 1) N — 1 9 — 0 0 4 8 TABLE V- ANNUAL HOUSING ACTION PROGRAM ANNUALGOAL © ORIGINAL 3. PERIOD OF APPLICABILITY4. KEY FROM TO PUNCH ❑ REVISION, DATE July 1, 1979 June 30, 1980 CODE E ❑ AMENDMENT, DATE NUMBER OF LOWER-INCOME HOUSEHOLDS TO BE ASSISTED ELDERLY SMALL LARGE TYPES AND SOURCES OF HOUSING ASSISTANCE TOTAL (1-2Persons) AND FAMILY FAMILY HANDI- (4 or less (5 or more CAPPED) Persons) Persons) !al (b) (c) (d) (e) 1 A. Total Goals for Housing Assistance for Homeowners 45 36 7 2 (sum of lines 2 and 5) 1. New Construction Assistance for Homeowners 2 (sum of lines 3 and 4) 3 HUD Assisted Programs - 4 Other'_ 5 2. Rehabilitation Assistance for Homeowners (sum of lines 6, 7 and 8) 45 36 7 2 _3 _ 4 _ 2 6 Community Development Block Grants HUD Assisted Programs 31.2 loans 40 _ _3_5 1 7 0 8 Other' _ _5 _ _ 9 B. Total Goals for Housing Assistance for Renters (sum of lines 10, 13,16 and 22) 90 10 1 65 15 10 1. Assistance for Prospective Homeowners (sum of lines 11 + 12) 11 HUD Assisted Programs 12 Other' 13 2. New Rental Units 30 0 30 0 (sum of 14 and 15) 14 _ HUD Assisted Programs 30 0 30 0 15 Other+____ -- 16 3. Rehabilitation of Rental Units 10 0 0 10 (sum of lines 17, 18 and 21) 17 Community Development Block Grants 18 HUD Assisted Programs (sum 0 a 19 +20) __ 19 Substantial_Rehebilitation 10 0 0 10 Section 8 Existing with Moderate Rehabilitation 20 21 Other - 22 4. Existing Rental Units (sum of lines 23 +26) 50 10 35 5 23 HUD Assisted Programs (sum of lines 24 +25) 24 With Repair 25 Without Repair 50 10 35 5 26 Other' NARRATIVE (Attach additional sheets if necessary and identify with items above) J 1. Footnote units to be provided specifically for the handicapped. ' 2. Describe the programs listed under this category. 3. Describe those actions necessary to facilitate the accomplishment of the goals. Incremental Year of Submission Tables I, II and IV of the Three Year HAP approved -_ _ are 50 1 ❑ 2 ❑ 3 incorporated by reference and are not contained in this (second) (third) year submission. Previous Edition is Obsolete HUD -7095 (10-78) NARRATIVE: TABLE V -ANNUAL HOUSING ACTION PROGRAM The Annual Housing Action Program sets forth specific activities to be undertaken during this program year toward accomplishment of the three year housing program. Goals chosen for first year activities include 45 units of assistance for homeowners to be provided entirely through Housing Rehabilitation. *(Although no goals are listed for new construction assistance to homeowners, staff will investigate the possible alternatives for implementing 235 housing and other types of assistance for new homeowners.) Rehabilitation assistance to homeowners is directed primarily to lower income elderly households because this group comprises 71% of the need for homeowners. Approximately 65% of the three year goals for assistance to homeowners are scheduled to be completed during the first year, however, in terms of actual numbers this amount is less than the amount of assistance provided last year. First year goals for renter households include 90 units of assistance to be provided through construction of new rental units, rehabilitation and an increase in rental subsidies for existing units. Small family households comprise 76% of the need in the renter category, thus, a comparably high percentage of assistance is directed to small family renters. During the first year approximately one=third of the three year goals for rental assistance will be pursued. First year proposed housing assistance to renters includes 30 units of Traditional Public Housing for small families, a 50 unit increase in rental subsidies for existing housing (10 elderly, 35 small family, 5 large family), and 10 units for large families to be provided through a Traditional Public Housing acquisition/rehabilitation program. KE Form Approved OMB No. 63-R1471 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT t. NAME OF APPLICANT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING ASSISTANCE PLAN City Of IOWa City, Iowa 2. APPLICATION/GRANT NUMBER B— 7 9— I D I N— 1 1 9— 0 0 4 8 TABLE I— SURVEY OF HOUSING CONDITIONS 3. PERIOD OF APPLICABILITY 4. 5. DATE OF SURVEY(S) USED U^ ORIGINAL KEYPUNCH CODE FROM: 7/1/79 TO: 6/30/80 O REVISION, DATE See Narrative A Q AMENDMENT. DATE NUMBER OF HOUSING UNITS ALL UNITS OWNER RENTER STATUS AND CONDITION YEAR OF OF ALL HOUSING UNITS ESTIMATE TOTAL SUITABLE FOR REHABILITATION* TOTAL SUITABLE FOR REHABILITATION; TOTAL SUITABLE FOR REHABILITATION lel (b) (c) (d) (e) (f) (a) (h) 1 t. Occupied Units -Total 1978 17,521 2,314 7,944 824 9,577 1,490 2 a. Substandard 1978 2,362 2,314 830 824 1,532 1,490 3 b. Standard (line 1 minus line 2) 1978 15,159 7,114 8,045 4 2. Vacant Available Units - Total 1978 390 46 296 31 94 15 5 a. Substandard 1978 62 46 47 31 15 15 6 b. Standard (line 4 minus line 5) 1978 328 249 79 7 3. Housing Stock Available -Total (sum o/ lines Iand 4) 1978 17,911 2,360 8,240 855 9,671 1 1,505 8 4. Standard Housing Stock Available -Total (sum of lines 3and 6) 1978 15,487 7,363 8,124 5. Current Standard Available 9 Vacancy Rate (line 6 : line e) 1978 2.110 1 3.34% 0.97% DEFINITIONS, DATA SOURCES, AND METHODS (Attach additional sheets, if necessary, and identify with items above.) 1. Definition of "substandard" used. 2. Definition of "suitable for rehabilitation" used.* 3. Data sources and methods used. 4. Special housing conditions. 'Required only if the applicant proposes rehabilitation as a part of its Housing Strategy and as a goal for housing assistance. Replaces Form HUD -7015.6, which is Obsolete HUD -7091 (6-781 Report on People's Guide and Survey, July 1977 Survey of Exterior Building Conditions, Department of Community Development, City of Iowa City, Iowa, August 1977 Official records, Department of Housing Inspection Services, City of Iowa City, Iowa, 1978. Methodology The total available housing stock in Iowa City (column b, line 7) was calculated from current demolition and construction records maintained by the Department of Housing Inspection Services. Figures included in the remainder of column (b) and in column (c), "all units," were established through analysis of previously collected housing data and by updating portions of the data with information from current surveys. Limitations of available data precluded exact enumeration of figures in each column consequently various projection rate factors were developed to complete "owner" and "renter" categories. Specific methodology for each column is given below. Column (c): All Units Totals Line 7 Housing Stock Available: Analysis of existing demolition and building permits indicates that the current housing stock in Iowa City is 17,911 units. This figure includes 8,555 single family units, 1,417 duplex units, 6,968 multi -family units, 923 mobile home hookups and 48 structures which have rooming units. Among the 48 rooming structures are nine University residence halls and 26 fraternity and sorority houses which provide rooms for approximately 6,500 University students or 30 percent of the current enrollment. Lines 4 and 1 Vacant/Occupied Units: All lines are totals of respective lines in columns (e) and (g). Lines 2 and 5; 3 and 6 Substandard/Standard Units: Substandard structures enumerated on lines 2 and 5 are a total of appropriate lines and in columns (e) and (g). Figures on lines 3 and 6 were computed according to HAP instructions. Column (d): All Units Suitable for Rehabilitation All lines are totals of respective lines in columns (f) and (h). In August 1977 an Exterior Building Condition Survey of structures within the CDBG improvement area was completed. (See Exhibit A for 72 survey methodology). The survey covered 80 percent of the structures within the improvement area (approximately)51 percent of the total city housing stock) and revealed that 65 percent of the structures are in fairly sound condition, 31 percent have minor deficiencies, 3.8 percent have major deficiencies and 0.16 percent should be demolished. This information was applied to the total number of housing units in Iowa City in order to project units suitable for rehabilitation. Figures in Table I this year were obtained by subtracting the number of units rehabilitated since last year. Column (e): Owner Unit Totals Line 7 Housing Stock Available: Estimates of the total number of housing units were updated from the FY78 HAP by adding housing starts to appropriate columns. Information was obtained from the 1978 Annual Construction and Demolition Report from the Department of Housing and Inspection Services. Lines 4 and 1 Vacant/Occupied Units: Frequent fluctuations in the Iowa City housing market provide a difficult situation for maintaining accurate records on housing vacancies. In the past the overall city vacancy rate of 2.18 percent (1974 Census) and the rental vacancy rate of .98 percent (1975 Rental Housing Survey) was used to compute occupied rental units and the rate of 3.60 percent for owner - occupied housing was estimated from residual figures. The change in instructions for this HAP (computing vacancy rate from a base of standard housing rather than all housing) slightly lowers the vacancy rate for Iowa City. Lines 2 and 5 Substandard Units: Previous estimates of substandard units were derived from various sources, primarily the Survey of Exterior Building Conditions (August 1977) and information provided by ongoing housing code enforcement activities. According to the definition of substandard units set forth in this HAP, it was estimated that approximately 11 percent of owner units were substandard. For this year's HAP, figures were updated by subtracting the number of completed rehabilitation projects from the previous number of substandard units. Lines 3 and 6 Standard Units: Lines 3 and 6 were computed per table instructions. Column (f): Owner Units Suitable for Rehabilitation The number of units suitable for rehabilitation was determined by using percentages developed from the Exterior Building Condition Survey applying the criteria set forth in the definition of Suitable -for - 73 Rehabilitation. Numbers were updated by subtracting the number of rehabilitation projects completed during the last year. Lines 2 and 5 Substandard Units: A survey of structures within the CDBG improvement area revealed that only 0.16 percent of the housing stock cannot feasibly be rehabilitated. This statistic was applied to figures on line 1 and line 4, column (e) to obtain the number which could be rehabilitated. Rehabilitation projects completed over the past year were then subtracted from that total in order to update the estimate. Lines 3 and 6 Standard Units: Units enumerated on lines 3 and 6 in column (e) are exempt from rehabili- tation by definition, i.e., there may be one or more local code violations present among standard structures. However, these violations would be of a type such that the health and safety of occupants is not significantly effected. Column (o): Renter Unit Totals Line 7: Estimates of the total number of renter housing units were computed according to 1970 Census data percentages for owner and rental housing, and were updated by current construction information. Rental housing constitutes approximately 54.1 percent of all housing units in Iowa City. During the last year 171 units of rental housing were constructed, bringing the total to 9,671 units. Lines 4 and 1 Vacant/Occupied Units: A 1975 Community Development Survey of Rental Housing provided a 0.98 percent vacancy rate for rental housing in Iowa City. This 50 percent sample of the rental units in Iowa City provided specific information on the number of units vacant and the amount of time they were vacant which allowed calculation of an annual unit -month vacancy rate (units vacant multiplied by the number of months vacant as a percentage of all unit -months in which housing could be occupied). This .98 percent vacancy rate was applied to the current number of rental units available in order to compute vacant units and occupied units for all rental housing. Thus, 9,671 rental units x .98 = 94 vacant rental units 9,671 rental units - 94 vacant units = 9,577 occupied rental units With the change in instructions, using standard housing as a base for vacancy rate, the percentage on line 9 decreases slightly. 74 Lines 2 and 5 Substandard Units: The Exterior Building Condition Survey and housing code enforcement data were used to establish substandard structures in column (g). Housing code enforcement activities show that approximately 80 percent of rental units have one or more code violations upon initial inspection. This percentage fluctuates as enforcement activities continue and as violations are corrected, nevertheless, 80 percent of the renter units are technically substandard to local codes at one point in the process. When applying the definition of substandard as set forth in this HAP, that figure reduces to 16 percent. Thus, 16 percent of 9,577 occupied renter units or 1,532 units, are substandard units for the purposes of this HAP. Likewise, 16 percent of 94 units on line 5 computes to 15 vacant substandard renter units. Lines 3 and 6 Standard Units: Lines 3 and 6 were computed per HAP instructions. Column (h): Renter Units Suitable for Rehabilitation The number of units suitable for using percentages developed from applying the criteria set forth rehabilitation. Lines 2 and 5 Substandard Units: rehabilitation was determined by the Exterior Building Condition Survey in the defin tioT n of suitable for As stated previously, the survey of structures within the CDBG improvement area revealed that only five substandard occupied structures or 0.16 percent could not be rehabilitated. Applying this percentage to the number of occupied renter units (.0016 x 9407), yields 15 units which are not suitable and 1,490 renter units which are suitable for rehabilitation. All vacant renter units discovered in the survey could be rehabilitated, hence, all 15 substandard vacant units are assumed suitable for rehabilitation. Lines 3 and 6 Standard Units: Structures enumerated on lines 3 and 6, column (h), are exempt from rehabilitation by definition, i.e., there may be one or more code violations present among standard and marginal structures, however, these violations would be of a type such that the health and safety of occupants is not significantly effected. SPECIAL HOUSING CONDITI According to the general instructions, Iowa City does not have special housing conditions which would require a separate detailed description. 75 EXHIBIT A Exterior Building Survey RE: 1977 Exterior Survey Procedures In order to assess the exterior condition of the housing units in the project area, an exterior survey of each structure was taken. Some order was imposed on this process as the CbBG Neighborhood Improvement Program area was divided into areas. These areas, 1, 9, 10, 11, 14, 15, and 17 were the proposed 1980 census tracts. Within each of these areas then the blocks were numbered. There is a memo that deals with this process in greater detail. The survey form itself allowed for preliminary information such as the house number: area -block -number -side (see memo mentioned above), number of units, number of stories, address, and surveyor's name (see attached survey form). The other inform- ation at the top of the form was disregarded. The lower portion presented an evaluation of foundations, walls, roofs, porches, painting and walks. The condition of each of these components was then rated as affecting 25%, 50%, 75%, or 100% of the entire structure. For example, a vertical fault on only one side was rated as affecting 25% of the entire structure, faults on two sides rated 50%, and so on. At the end of each day's surveying the blocks completed that day were then mapped. The purpose of this procedure was two -fold: (1) it served as a measure of the project's progress and (2) it provided an accurate map of each block, indicating which lots had structures and also the location of secondary structures such as garages, sheds, etc. Eventually, a scoring system was devised and points were given for flaws within a structure (see attachment). These points were then totalled to give the unit an overall score. For example, a house with foundation settled on 25% of the structure and a roof ridge sagged to affect 50% of the structure received a score of 10, 2 for the foundation plus 8 for the roof. Structures with an overall score of 0-5 were considered to be sound; 6-20 were minor deficient, having minor code violations; 21-40 were major deficient, needing several repairs; 41+ were structurally substandard, to a point requiring clearance. The results obtained from this procedure were then represented graphically, by mapping, as explained in Allen's memo of 8-26-77. KJ/ssw Attachments M EXHIBIT A Exterior Building Survey RE: 1977 Exterior Survey Data Mapping Procedures Upon completion of the survey of the exterior condition of the housing stock of Iowa City each structure was scored on a basis of accumulated black marks (outlined in Jacobs' memo of 8-26-77). The results were then mapped to visually depict the overall condition of the city and to locate pockets of substandard housing. The condition of the structures were grouped into four categories and are as follows: Points Condition 0-5 Structurally Sound 6-20 Minor Deficient 21-40 Major Deficient 41 -up Structurally Substandard Two types of maps were produced to gain a better indication of these conditions. The first shows the condition of each structure surveyed and allows for the observance of the major deficient and structurally substandard housing and their exact locations. The conditions were color coded (see map key) for easy identification with the entire lot on which a structure is located being shaded appropriately. The second type of map indicates the average condition of all structures for each block thereby prohibiting extreme values from influencing the perceived condition of an area. For each block the average score was determined and color coded according to the same categories as in the first type of map. DA/ssw 77 EXHIBIT A Exterior Building Survey RE: Assignment of Numbers for Exterior Survey BLOCKS: Each census tract has an individual set of numbers for its blocks. The block in the far northwest corner of the census tract is assigned number one. The block directly east is assigned number two and so on until the eastern border of the census tract is met. Then the block directly south is given the next number with the block directly west the next. Again this continues to the western edge whereupon the numbering turns around again. Ex: 00Q00©D 00 This system is straight forward in square census tracts, however, ones discretion is needed in assigning numbers to blocks in irregular shaped tracts. This system was followed as closely as possible on all tracts. STRUCTURES: Structures were numbered with the first primary building in the north- west corner of the block facing north being assigned number one. The building directly east was number two and so on, clockwise around the block. Letters were also assigned to each structure to designate which direction they faced. A -North, B -East, C -South, D -West. EXAMPLE OF NUMBERING ON FORMS: DA/ssw 15-30-2-b Census Tract 15, Block 30, House 2, Facing the East Wj IOWA CITY °lock 2 1'npr•IIINI'IY DI VI LOPMENT SLIRVE EXHIBTT A �'a reel br!ncr or Exterior Building Survey Anent -- • Mat �'� •'°' ' . Y.ALlS,PRI . nnc......--r6n:en. . ..........• Porcal 5%Wf.'DAR ........... rnCt _ Ts "^. --- Lot Site /, ' . •.:a_— L.V. _Two Nousee.,on Lot? _ Yes•or, No. H.V. ': �•-•.• <.I' Stnicturo No. Stories Pence, Ycs or• No No. Unite SIIrVP Vn1' Yes or No, nrril. •' • 7Q O�NDITION . 1 2 3 4 DXTffk16Q 'SURVEY .CODE $F{Ee_rl : COMMENTS Cone.... °n!:I.d, Dloek..,. rJulned............. .. —_ __ Our-ol-Ylumb.......... IO!her............ VnYcofFaoT1,.,,..,,- S.rini r�cge C'rnca........ nr-nru!eJ........... . Eff.............. IJoin?, Op.n........... . 1 Z .i 4 WALU �ft!n:k....Imu!.... 0'0 -01 -Plumb.......... ............. Gash..... Fnd•Firr.... r 0!h .............. nock,....... -- IA:um.... AolleJ .. lintel rnllo•e. Mo,ony........../r)iJnrcr.nled.... - ' r0 en JJole n....... 1 2 3 4 - Cuo`ed.... 6,oken....... • A1nG_ IAotlz............. ' Orh............ i nOF A,?h............ SogDod Ridge........... n Aollyd...Orher....l ud PoRen.......... I IG 1 =F kooffng Torn ................. too,e......... ....... O O 1 2 i \Veolhmd...... Chfmnny I•L,g. MoAn••.......... Open Join11............ Ololl 2- 1 Orh..... _ ___ Aurlyd................. Cttcre utterng_ DCV nS poL'T.F M,rg.Moll............' O o I 1 S ! esh D1oc cZ Lon.......... .......... Fn,cior Euvel '—r Rol:ed............ ' IM,.g.Moll............. 1 2 3 y too,...... ..... FROIttT D :c4 IR ..... V/Ih...... ..... I ...... �'DRLfi Cennpr R_,_.1.•.Vt_..._I...... O / Z ---1 r 0 0 it • ' . Y.ALlS,PRI . nnc......--r6n:en. . ..........• 5%Wf.'DAR ........... BDadv;rt6 c;.,,.,........... — -- --- _Two Nousee.,on Lot? _ Yes•or, No. On4r=e_ Y:rrd DrainAre• SntiAfactory? Yes or No Pence, Ycs or• No Avi.dence of Rodents —. Yes or No, Screens Arhen Required Yes or No 7Q 0 Form Approved OMB No. 63-R1471 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT City of Iowa City, Iowa COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2. APPLICATION/GRANT NUMBER HOUSING ASSISTANCE PLAN B —17 9 1 — D N I — 1 1 9 —10 0 4 8 TABLE 11-1 — HOUSING ASSISTANCE NEEDS OF LOWER-INCOME HOUSEHOLDS 3. PERIOD OF APPLICABILITY 4. 5. DATE OF SURVEY(S) USED FX ORIGINAL Q REVISION, DATE 1975, 1977, 1978 KEYPUNCH CODE FROM: 7/1/79 TO: 6/30/80 0 AMENDMENT, DATE B-1 NUMBER OF HOUSEHOLDS ALL HOUSEHOLDS ALL MINORITY HOUSEHOLDS ALL FEMALE -HEADED HOUSEHOLDS ELDERLY //-� SMALL LARGE ELDERLY (1-2 SMALL LARGE ELDERLY2AILYFA (1.2 STATUS OF HOUSEHOLDS REQUIRING ASSISTANCE FAMILY (4 or FAMILY (5 or persons) FAMILY (4 or FAMILY (5°rTOTAL Persons)r ,..Persantl more TOTAL and !eapeof) ande persona) HANDI- personal peR°ontl HANDI-m) CAPPED CAPPED(b-11 (b-2) (b-3) WA) (c-1) (e-2) (c-3) (cJ) (d-1) (d-2)1 1 A. Total Owner Households 177 126 23 28 1 1 0 0 73 60 6 7 (Sum of lines 2 and 31 1 2 Owner Households to be Displaced during the 6 5 1 0 1 1 0 0 3 3 0 0 three year program 3 Owner Households 171 121 22 28 0 0 0 0 70 57 6 7 (excluding displacees) 1 4 Percentage of Total by Household Type 1D0% 71% 13% 16% 5 B. Total Renter Households (sum of lines 6,7and 8) 1,764 263 1,334 167 88 21 64 3 754 71 663 2- 6 Renter Households to be Displaced during the 11 1 10 0 1 1 0 0 4 1 3 0 three year program 7 Renter Households (excluding displacees) 1,319 133 1.082 1 104 1 81 20 59 2 750 70 660 20 8 Households Expected to Reside 434 129 242 63 6 0 5 1 9 Percentage of Total 15% 76% 9% by Household Type 100% NARRATIVE (Attach additional Sheets, ifnecessaryl 1. Data sources and methods. 2. Special housing needs of lower-income households. Replaces Form HUD -7015.9, which is Obsolete Page 1 of 2 Pages HUD -7092 (6-781 Form Approved OMB No. 6311.1471 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 1. NAME OF APPLICANT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM City of Iowa City, Iowa 2. APPLICATION/GRANT NUMBER HOUSING ASSISTANCE PLAN BI -1 7191— 0 N TABLE II -2 — HOUSING ASSISTANCE NEEDS OF LOWER-INCOME HOUSEHOLDS 3. PERIOD OF APPLICABILITY 4. 5. DATE OF SURVEY(S) USED X(] ORIGINAL 1975, 1977, 1978 KEYPUNCH CODE Q REVISION, DATE g-2 FROM: 7/1/79 TO: 6/30/80 Q AMENDMENT, DATE PROVIDE DATA FOR EACH CATEGORY OF MINORITY HOUSEHOLD, AS APPROPRIATE (Check appropriate box) (Check appropriate box) (Check appropriate box) 1. Reserved 1. Reservad 1. Reserved 2. ® Black, not Hispanic 2. 0 Black, not Hispanic 2. Black, not Hispanic 3. ® American Indian or Alaskan Native 3. Q American Indian or Alaskan Native 3. American Indian or Alaskan Native STATUS OF MINORITY 4. ® Hispanic 4. (] Hispanic 4. Q Hispanic HOUSEHOLDS REOUIRING5. ©Asian or Is Islander 5. Asian or Pacific Islander 5. 0 Asian or Pacific Islander ASSISTANCE ELDERLY SMALLFAM ELDERLY (ER LARGE ER ELDERLY SMALL LARGE (12 persons) FAMILY Persons) FAMILY Persons) FAMILY l4 FAMILY l5 or TOTAL and 14 or TOTAL and L (5 or TOTAL and °f lessmore Do HANDI- less parsons) HANDI. more persons)— HANDI. persons) persons) CAPPED CAPPED CAPPED (a) (f-1) (f-2) If -3) (f.t) (G-1) (9-2) (9-3) (9-4) (h-1) (h-2) (h-3) (h.4) 1 A. Total Owner Households 1 1 O 0 Isom of lines 2 and 3) 2 Owner Households to be Displaced during the 1 1 O O three year program 3 Owner Households O O O O (excluding displacees) 4 B. Total Renter Households 82 21 59 2 lsum of lines 5and 6) 5 Renter Households to be Displaced during the 1 1 O O three year program 6 Renter Households (excluding displacees) 81 20 59 2 REMARKS 'No Census information is available for minorities by racial category. Minorities comprise only 2.2% of the Iowa City population. w m �roo fF.2Rl Page 2 of 2 Pages City of Iowa City Housing Assistance Plan ADDENDUM A: TABLE II -- Housing Assistance Needs of Lower Income Households DATA SOURCES AND METHODS Data Sources. Special Tabulations - Inadequate Living Conditions, 1970 Census, prepared by HUD - EMAD for Iowa City. Housing Unit Occu anc Characteristics, 1970 Housing Census, prepared by HUD - EMAD CO) April 1974. 1970 Census of Population, Volume 1 - Characteristics of the Population, Part 17 - Iowa, U.S. Department of Commerce, Bureau of the Census, issued February 1973. 1970 Census of Population, Volume 1 - Housing Characteristics for States, Cities and Counties, 17-7 Iowa, U.S. Department of Commerce, Bureau of the Census, issued August 1972. Iowa City Plan: Report on Population, Department of Community Development, Iowa City, Iowa, July 1976 (includes 1974 special census report). Johnson County Employer Survey, Johnson County Regional Planning Comms sion, Iowa City, Iowa, 1975. 2. Methodology. The primary source used in calculating estimates of households in need of housing assistance was the HUD Table, Special Tabulations - Inadequate Living Conditions, prepared for Iowa City. This Table specifies households by family size, by age, by income, tenure and suitability of living conditions. Although the Special Tabulations were just recently available to Iowa City , the data was taken from the 1970 Census. To update estimates to 1979, certain projection rate factors were developed based upon the increase in number of housing units. Income levels were established according to the HUD eligibility schedule for Section -8 housing programs. As instructed, lower income households in Iowa City are those households which have an income lower than 80% of the median income for Johnson County, adjusted for household size. In 1970, the median income for Johnson County was $9,734, thus, lower income levels by household size are as follows: FN I person - 56% of $ 9,734 = $ 5,451 2 persons - 64% of $ 9,734 = $ 6,230 3 and 4 persons - 76% of $ 9,734 = $ 7,398 5 persons - 85% of $ 9,734 = $ 8,274 6+ persons - 95% of $ 9,734 = $ 9,247 ALL HOUSEHOLDS REQUIRING ASSISTANCE. (Columns (b-1) through (b-4)) OWNER HOUSEHOLDS Line 3: Owner Households Base data on the number of elderly, family and large family households requiring assistance were taken directly from the HUD Table on Special Tabulations for each household category. Only those households having a lower income according to the above schedule AND inadequate housing conditions were enumerated. Generally, criteria for determination of inadequate living conditions for owner -occupied units include lack of plumbing, overcrowding (more than 1.25 persons per room), and a unit age -to -value ratio (built before 1939 and valued less than $10,000). According to recent changes in instructions for calculating needs, lower income households having adequate living conditions are not considered by HUD to be in need of housing assistance. This necessarily excludes low income elderly homeowners who are living in adequate housing but want to move to assisted rental housing. Since 1970 there has been a 17.25% increase in owner -occupied housing in Iowa City, thus, households requiring assistance in each household category were increased by a factor of .1725. Non -elderly handicapped households were subtracted from the family category and added to the elderly and handicapped need category. Since 1970, 36 elderly house- holds, 10 small family households and 1 large family household have been assisted through the Housing Rehabilitation Program. These assisted households were subtracted from calculated needs, leaving the amounts entered on Table II: 121 elderly, 22 small family and 28 large family households requiring assistance. Line 2: Displacement During the next three years, Iowa City's proposed Small Cities improvement project, if funded, will result in the displacement of five elderly owner households and one small family owner household. These figures were entered in appropriate columns on line 2. All displaced households will be entitled to relocation assistance as set forth in the Uniform Act. Line 1: Total Owner Households Requiring Assistance All figures are totals of lines 3 and 2 in appropriate columns. RN Line 4: Percentage of Need by Household Type Pursuant to recent changes in HUD instructions, owner households are no longer included with rental assistance needs. Percentage of need by household category for owners corresponds to previous year HAP estimates, i.e., elderly households comprise the largest (71%) percentage of the need for assistance to homeowners. RENTER HOUSEHOLDS Line 7: Renter Households Housing needs of lower income renters was calculated according to the same method used to calculate needs for owner households. Base data on the number of elderly, family and large family households having a lower income AND inadequate living conditions were enumerated from the HUD Table, Special Tabulations. Inadequate living conditions for renters, as determined by census data criteria, are: overcrowding (more than 1.25 persons per room), lack of plumbing, and overpayment (paying more than 25% of household income for rent). The method of calculation excludes lower income renters living in suitable conditions, who with assistance could purchase a home, thereby vacating an adequate rental unit for use by a lower income inadequately housed tenant. Since 1970, there has been a 19.85% increase in rental housing, there- fore, housing assistance needs in each household category were increased by a factor of .1985. Non -elderly handicapped household needs were subtracted from the family category and added to the elderly and handicapped category. Housing assistance provided or committed to lower income renters since 1970 includes 567 units for elderly and handicapped, 204 units for small families and 16 units for large families provided through Sections 8 and 202 new construction projects, Traditional Public Housing new construction, and the existing unit rental program. In addition, 799 lower income small families are assisted through the University married student housing programs and 240 small families and 8 large families are assisted through a 236 housing project. Even though assistance through new construction projects has not yet been directly provided to households, HUD has instructed that these committed units be included as assistance provided. All housing assistance provided was subtracted from the needs in corresponding household categories and the resulting housing needs (133 elderly, 1,082 small family, 104 large family) were entered in Table II. Line 6: Displacement During the next three years, Iowa City's proposed Small Cities Improvement Project, if funded, will result in the displacement of 1 elderly renter and 10 small family renter households. These figures were entered in appropriate columns on line 2. All displaced households will be entitled to relocation assistance as set forth in the Uniform Act. 12 Line 8: Households Expected to Reside Updated instructions for completing estimates of households Expected To Reside (ETR) were not included with other HAP materials. With the understanding that ETR's will be revised at a later date to conform to changes in HUD instructions, new estimates for FY79 ETR's were not calculated for this HAP. Rather, the following estimates are taken from last year's HAP and are based upon information from the Johnson County Employers Survey - 1975, prepared by the Johnson County Regional Planning Commission. Number of people working in Iowa City or Coralville and living in small towns in Johnson County 3271 Number of people working in Iowa City or Coralville and living in rural Johnson County 1153 Number of people working in Iowa City or Coralville and living outside Johnson County 1144 Total number working in the area but living outside Iowa City or Coralville 5568 In 1970, 38% of all families in the county had incomes below 80% of median income. Assuming that this percentage can be applied to all persons working in Iowa City and Coralville, then 5568 x 38% yields 2116 persons of low income working in Iowa City or Coralville and residing elsewhere. It is further assumed that (a) only the low income workers living outside the county would benefit by moving closer to their work, and (b) if they moved they would locate inside the boundaries of Iowa City, rather than elsewhere in the county. Commuters to Iowa City from outside the county comprise 20.5% of all commuters, therefore: Low income commuters, 2116 x 20.5% = 434 expected to reside in Iowa City if housing were available. The percentage distribution of households expected to reside in each family category -- elderly, family and large family -- is a rough estimate based upon inquiries for housing from new low income residents in the City. The next year is expected to bring no appreciable influx of non - elderly lower income households over last year for two significant reasons: (a) the lack of new employment, and (b) the lack of low cost housing alternatives. For the most part, new employment is either part-time work or is absorbed by unemployed residents within the community. Although University employment has been growing steadily, there have been and will be no significant increases in jobs which would attract lower income households. City plans for economic development may alter the situation within the next three years, however, no significant increase is expected in this next year. M The large number of University students in Iowa City places heavy demands on the rental housing market. Rental rates and housing costs are higher within the community than anywhere in the county or sur- rounding counties. Hence, it is unlikely that lower income families will have incentive to move into the community from surrounding areas. (According to the local Board of Realtors, the average house sale is currently over $55,000. Likewise, rents have increased to a level where the average rent for a one bedroom apartment is $180 per month.) Line 5: Total Renter Households Requiring Assistance All figures are totals of lines 6, 7 and 8 in appropriate columns. Line 9: Percentage of Need by Household Type The amount of housing assistance provided or committed to elderly and handicapped renter households in the past has significantly decreased the percentage of need found among this household type and consequently, has increased the proportion of need found among small renter households. In the next three years, goals will be set to address the high proportion (76%) of assistance required by small family renters, however it is important to note that according to previous HAP estimates, over one-third of the lower income small families are non -elderly single households who are not eligible for most federally assisted housing programs. ALL MINORITY HOUSEHOLDS Iowa City has a relatively small number of minority households, thus, specific census information on minorities is not available. Base data for housing assistance needs among minorities were taken from the HUD Special Tabulations by subtracting needs among white households from the total household need. Table II estimates for minorities were computed using the same methodology applied to all households in columns (b-2) through (b-4) and subtracting assistance provided. A total of fifteen minority households are currently assisted - three elderly renters, ten small family renters, and one small family owner. According to 1970 census data, there are no minority homeowners requiring assistance, however, this data can be expected to have changed over a period of nine years. ALL FEMALE -HEADED HOUSEHOLDS Income data by age, household size and racial composition is not available for female -headed households, therefore, figures provided in Table II were based on percentages derived from census data. In Iowa City 37% of all families are lower income families and 94% of all unrelated individuals are lower income individuals. These percentages were applied to the number of female -headed families and female individuals in Iowa City, and current assistance was subtracted to provide an estimate of the number of lower income female -headed households requiring assistance. Because data on living conditions is not available for female -headed households, figures on Table II include lower income female -headed households who 99 may have adequate living conditions. In addition, 77% of the non - elderly female -headed households in Iowa City are primary individuals. Special Housing Assistance Needs of Lower Income Households. MINORITY HOUSEHOLDS In 1970, only 2.2% of the Iowa City population were classified as other than White. The Black population is the largest minority group in the City. In 1974, 56% (388) of the Black population were University students and the rest were integrated throughout the City. Minority households have no particular housing needs or problems that differ or are more severe than the community as a whole. According to the HUD Special Tabulations, minority housing needs are 3.6% of the total needs. Since 1970, 11% of all housing assistance provided has been directed to minorities. B. FEMALE -HEADED HOUSEHOLDS The rise in single parent families plus the high proportion of unmarried people in Iowa City account for the relatively high proportion of female -headed households. In 1970, 7.9% of all families were headed by a female. Among all female -headed households in Iowa City 55% are non - elderly primary individuals, 24% are elderly primary individuals, 4% are elderly heads of families and 16% are non - elderly heads of families. Very few female -headed households have more than two children. The housing problems of all female -headed households are largely economic concerns. Mean income for all female heads of families in 1970 was $3,258 less than the mean income for all families ($11,080). Female individuals earned a mean income of $2,282, $74 less than the mean for all individuals. In view of this, the types of housing assistance best suited to the needs of low income female -headed households are rental subsidies and housing rehabilitation. HANDICAPPED HOUSEHOLDS Iowa City has a higher percentage of handicapped and disabled persons (15%) than the state average (13.8%) because of the availability of education, health, employment and recreational services for the handicapped population. The facilities and services available and the supportive climate within which they function, attract new special need households to Iowa City each year. Current information about the Iowa City handicapped population regarding household composition, tenure and income is not available in any consistent form, however, state averages indicate that 21% of handicapped households have lower incomes and 30% live i n families of more than two people. Systems Unlimited, Inc., a local non-profit organization providing housing and transportation services to the handicapped, has expressed a difficulty in finding units to accommodate mobility -restricted individuals. Therefore, they applied for and received approval to develop 48 units of Section 202 scattered site housing for handicapped group living. Because a majority of handicapped individuals in the community currently live outside institutions (except temporarily for health care) handicapped service providers indicate there is no need for deinstitutionalization. OTHER SPECIAL HOUSING NEEDS Iowa City has no significant number of special housing needs related to the economic base such as those described in HAP instructions. F�7 OMB N063 -R7471 Previous Edition is Obsolete 1. NAME OF APPLIC, U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT City Of Iowa City, TOwa COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2. APPLICATION/GRANT NUMBER HOUSING ASSISTANCE PLAN TABLE III - THREE YEAR HOUSING PROGRAM B — 79 — D I N — 1_11;70 0 4 1 8 THREE YEAR GOAL 4. ® ORIGINAL 3. PERIOD OF APPLICABILITY KEY FROM July 1, 1979TO June 30, 1982 PUNCH CODE ❑ REVISION, DATE E ❑ AMENDMENT,DATE NUMBER OF LOWER-INCOME HOUSEHOLDS TO BE ASSISTED ELDERLY SMALL LARGE TYPES AND SOURCES OF HOUSING ASSISTANCE (1.2persons) TOTAL AND FAMILY FAMILY HANDI- (4 or less 15 or more CAPPED) Persons) persons) (al (b) (c) (dl (e) 1 A. Total Goals for Housing Assistance for Homeowners 70 49 9 12 (sum of lines 2 and 5) 2 1. New Construction Assistance for Homeowners (sum of 3 and 4) 3 HUD Assisted Programs 4 Other' 5 2. Rehabilitation Assistance for Homeowners 70 49 9 12 (sum of lines 6, 7 and 8) 6 Community Development Block Grants 6 9 7 HUD Assisted Programs 312 ....... 20 14 _ 3 _ 3 8 Other* 9 B. Total Goals for Housing Assistance for Homeowners by 100% 71 % 13 % 16 Percentage of Household Type 10 C. Total Goals or Housing snstance or enters 265 40 202 23 (sum of lines 11, 14, 17+ 23) 11 1. Assistance for Prospective Homeowners (sum of lines 12 + 13) 12 HUD Assisted Programs 13 Other- 14 2. Now Rental Units 145 20 116 9 (sum of lines 15+ 16) 15 HUD Assisted Programs 145 20 116 9 16 Other - 17 3. Rehabilitation of Rental Units 0 10 10 (sum of lines 18, 19+221 20 181 Community Development Block Grants 191 HUD Assisted Programs (sum of lines 20+21) 20 0 10 10 201 Substantial Rehabilitation 20 0 10 10 21 Section 8 Existing with Moderate Rehabilitation 22 Other* 23 4. Existing Rental Units 100 20 76 4 of lines 24 +27) – — _ -- – 24 --(sum HUD Assisted Programs (sumoflines25+26) 100 20 _%i1 4 25 With Repair 50 0 46 _ _ —_ 4 26 Without Repair 50 20 30 0 27 Other• 28 D. Total Goals for Housing Assistance for Renters by 100% I5 % 76 %I 9 % Percentage of Household Type 29 E. Total Goals for HUD Assisted Rental Units by 100% 1 15 % 76 %' 9 % Percentage of Household Type NARRATIVE (]Attach additional sheets if necessary and identify with items above) J 1. Footnote units to be provided specifically for the handicapped, 2. Describe the programs listed under this category. 3. Describe those actions necessary to facilitate the accomplishment of the goals. CHECK IF APPLICANT WISHES TO REVIEW ALL STATE HFDA H SING PROPOSALS: I❑ Previous Edition is Obsolete City of Iowa City Housing Assistance Plan Addendum A: Table III - Three Year Housing Program According to HUD regulations, newly selected goals shall address the need for assisted housing not fulfilled pursuant to the goals established in preceeding Housing Assistance Plans. First priority shall be given to meeting the needs for tenure, households, or housing types which have not been substantially met in prior years. Iowa City made substantial progress toward meeting all assistance goals as originally estimated in 1975, however, a disproportionate percentage of the elderly and handicapped households goals were achieved. Thus, in the next three years, the provision of housing assistance to families remains a priority. Three year housing assistance goals address the needs of each household type (within tenure) in the same proportion as the total lower-income housing needs identified in Table II. Goals for Homeowners (70 Units) 1. New Construction. Iowa City has not met with much success in promoting 235 housing. During the next year, the feasible alternatives for implementing the 235 programs will be investigated. Rehabilitation. Iowa City's CDBG-funded housing rehabilitation program supplemented by the 312 loans will provide all housing assistance to homeowners. An expected 70 units are scheduled for completion in the next three years. Goals for Renters (265 units) 1. New Construction for Prospective Homeowners. See number 1 referenced above. New Rental Units. A goal of 145 new rental units is proposed for the next three year housing program. The large number of small family renters needing assistance, plus the low vacancy rate in Iowa City, indicate a substantial need for new units. Applications will be submitted for Traditional Public Housing as units are advertised and the City staff will continue to encourage developers to apply for Section -8 construction loans. 30 units are scheduled for first year activities. Rehabilitation. In order to upgrade older single family housing and to provide appropriate units for small and large family housing needs, Iowa City proposed to undertake acquisition and substantial rehabilitation of 20 units through the recently revised Traditional Public Housing rehabilitation program. Subsequent to purchase and rehabilitation, units will be rented to lower income families. Funding for 10 units will be pursued during the first year of activities. Existing Rental Units. The existing unit rental program in Iowa City is an important element in the overall program theme to provide assistance to small families. It has been successful primarily as a result of efforts of the housing staff to encourage landlords to lower rents. In the next three years an addition to 100 contracts for rental subsidies is proposed, 50 units without repairs and 50 units with funding for repairs. The latter, if approved, will provide funding of up to $1,000 per unit to upgrade available units to Section -8 Existing Housing quality standards without increasing rents above HUD fair market levels. 5. Other Actions. Iowa City is not anticipating undue difficulty in achieving goals not proposed in previous HAP's primarily due to actions taken in the past to facilitate development of assisted housing. These actions include promotional and informational activities, subsidized land sales, zoning changes, modification of local ordinances and land use measures to facilitate development. 91 U.S. DEPARTMENT OF HOUSING AN- -...BAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HOUSING ASSISTANCE PLAN TABLE IV - GENERAL LOCATIONS FOR PROPOSED HOUSING 3. PERIOD OF APPLICABILITY I KEY - FROM 7/1/79 TO 6/30/0 PUNCH CODE D r w ^YYr o.uu OMB No. 63-R1471 1. NAM[ ur Arr Ll City of Iowa City, Iowa- -2 APPLICATION/GRANTNUMBLR B- 7 1 9- D I N- 1 1 9- 0 J 0 1 4 1 8 4. nX ORIGINAL n REVISION, DATE IJ AMENDMENT, DATE A. IDENTIFY GENERAL LOCATIONS ON MAP IN THIS APPLICATION 1. New Construction: Census Tract or Enumeration District Numbers, or other locational designation 23, 24, 2S, 37, 40, 48, 50, 56, 60 2. Rehabilitation: Census Tract or Enumeration District Numbers, or other locational designation 24, 25, 27, 28, 29, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 51, 52, S3, 54, 55, 56, 57, 58, 59 B. EXPLANATION OF SELECTION OF GENERAL LOCATIONS 1. New Construction General locations were chosen with objectives of furthering community revitalization and promoting greater choice of housing opportunities for lower income households. In addition, areas chosen have available public facilities, developable sites appropriate to HUD -Assisted programs, proximity to schools, transit, recreation facilities, shopping areas and if developed would not create an undue concentration of assisted housing. The accompanying map does not list areas currently being developed per HUD instructions, rather Table IV shows only those areas appropriate for development of goals proposed in Table V of this HAP. 2. Rehabilitation At present, the CDBG Housing Rehabilitation program operates within the boundaries of the CDBG Neighborhood Improvement Area as shown. This area was chosen primarily because it contains a majority of the oldest housing stock in Iowa City, much of which can be feasibly rehabilitated. Within the program area Housing Rehab, Code Enforcement, Site Improvements, Energy Conservation, and other programs function together to provide overall neighborhood revitalization. Housing Rehab outside the project area has not been defined as a priority by citizens or the City Council and therefore, has not been an authorized CDBG expenditure. Replaces Farm HUD -7015.11, which is Obsolete (6-78) W W GENERAL LOCATIONS FOR PROPOSED HOUSING APPROXIMATE SCALE ig��km. .p, .62 mi. 35 00 Emeration Districts ■ Areas of New Construction \\\ Areas of Housing Rehabilitation IOWA CITY 0 34 31 [CIO] , „ 26 23■ „ 36 , „ 35b ■ 60 22 CDBG eighborhood Improvement Area 481 4s 51 500 36 35b ■ 60 22 CDBG eighborhood Improvement Area 481 4s 51 500 a� RESOLUTION NO. 79-243 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro�Tor the followinnamed person or persons at the following degscribed location: EECH, Inc. dba Gabe n' Walkers, 330 E. Washington ST. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by �Bal�Im r that the Resolution as rea a adopted, and upon call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this Attest: City Clerk AYES: NAYS: ABSENT: x x x x x x x 12th day of Mayor June 19 79 D d'3' RESOLUTION NO. 79-244 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: EECH, Inc. dba Gabe n' Walkers, 330 E. Washington St. It was moved by Perret and seconded by Balmer that the Resolution as read e adopted, and upon roll --call roll--callt ere were: AYES: Balmer x deProsse Erdahl Neuhauser x Perret x Roberts x yevera x NAYS: ABSENT: 0 Passed and approved this 12th day of 197 9 . Attest: (� w City Clerk Mayor June i �/ RESOLUTION NO. 79-245 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: 1979-1980 Cigarette Permits on attached list It was moved by Perret and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl- X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 12th day of June 19 79 Attest: ity Clerk Mayor CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-1 - Fraternal Order of Eagles, Iowa City Aerie, 225 Hwy. 1 SW, Box 507 80-2 - Iowa City Sav-More #104, 1104 S. Gilbert St. (Krause Gentle Oil Corp.) 80-3 - The Airliner, 22 S. Clinton St. (Spayer & Co., Ltd.) 80-4 - Hy -Vee Food Store #1, 227 E. Kirkwood (Hy -Vee Food Stores, Inc.) 80-5 - Hy -Vee Food Store #2, 310 N. 1st Ave. (Hy -Vee Food Stores, Inc.) 80-6 - Pester Derby Oil Corp, 606 S. Riverside Dr. (Pester Derby Oil Co.) 80-7 - Colonial Bowling Lanes, 2253 Highway 218 S. (Pershell Corp.) 80-8 - Eagle Discount Supermarket #157, 600 N. Dodge St. (Lucky Stores) 80-9 - Eagle Discount Supermarket #220 , 1101 S. Riverside Dr. (Lucky Stores) 80-10 - May's Drug Store #198, 1101 S. Riverside Dr. (Lucky Stores) 80-11 - 7 -Eleven Stores, 820 - 1st Ave. (Southland Corp.) 80-12 - Gabe n' Walkers, 330 E. Washington St. (EECH, Inc.) 80-13 - Joe's Place, 115 Iowa Ave. (Cardan, Inc.) 80-14 - Hawkeye Dairy Store, 701 E. Davenport St. (Hawkeye Dairy, Inc.) 80-15 - Quik Trip #503, 123 W. Benton (Quik Trip Corp.) 80-16 - Quik Trip #509, 225 S. Gilbert (Quik Trip Corp.) 80-17 - Walgreens, 1646 Sycamore St. (Walgreen Co.) 80-18 - Currier Dining Services, U. of Iowa (Residence Services) 80-19 - Quadrangle Dining Service, U. of Iowa (Residence Services) 80-20 - Currier Hall Vending Service, U. of Iowa (Residence Services) 80-21 - Hillcrest Dining Services, U. of Iowa (Residence Services) 80-22 - Burge Hall Residence Services, U. of Iowa (Residence Services) 80-23 - E1 Fronterizo, 1200 Gilbert Ct. (Hawkeye Amusement Co.) 80-24 - Bob's Towing, 323 E. Burlington (Hawkeye Amusement Co.) 80-25 - Bull Market, 325 E. Washington (Hawkeye Amusement Co.) 80-26 - Gringos, 115 College St. (Hawkeye Amusement Co.) 80-27 - Godfathers, 531 Hwy. 1 West (Hawkeye Amusement Co.) 80-28 - Field House, 111 E. College (Hawkeye Amusement Co.) 80-29 - Gilbert St. Tap, 1134 S. Gilbert Ct. (Hawkeye Amusement Co.) 80-30 - Highlander Inn, Hwy. 1 and I-80 (Hawkeye Amusement Co.) 80-31 - Highland Ave. D -X, 1310 S. Gilbert St. (Hawkeye Amusement Co.) 80-32 - Howard Johnson's, Hwy. 1 and I-80 (Hawkeye Amusement Co.) 80-33 - Mayflower, 1110 N. Dubuque St. (Hawkeye Amusement Co.) 80-34 - The Mill, 120 E. Burlington (Hawkeye Amusement Co.) 80-35 - Moody Blue, 1200 Gilbert Ct. (Hawkeye Amusement Co.) 80-36 - Plamor Lanes, 1555 First Ave. (Hawkeye Amusement Co.) 80-37 - Mumm's Saloon & Eatery, 21 West Benton St. (Hawkeye Amusement Co.) 80-38 - Smith & Co., 1210 Highland Ct. (Hawkeye Amusement Co.) 80-39 - Taco Grande, 331 E. Market St. (Hawkeye Amusement Co.) 80-40 - Towncrest Inn, 1011 Arthur St. (Hawkeye Amusement Co.) 80-41 - Westinghouse, Inc., Hwy. 1 and I-80 (Hawkeye Amusement Co.) 80-42 - Woodfield's, 223 1/2 E. Washington St. (Hawkeye Amusement Co.) 80-43 - Kilroy's, 1515 Mall Dr. (Hawkeye Amusement Co.) 80-44 - Vitosh Standard, Inc., 1905 Keokuk St. 80-45 - Bill's I-80 DX, Route 2 (William B. Kron) 80-46 - George's Buffet, Inc., 312 Market St. 80-47 - Drug Fair #4, 2425 Muscatine Ave. (Drug Fair, Inc.) 80-48 - Mott's Drug Store, 19 South Dubuque (Charles E. Mott) 80-49 - Seaton's Cash & Carry Market, 1331 Muscatine Ave. (Clyde R. Seaton) 80-50 - Federal Building Snack Shop, 400 S. Clinton St. (Iowa Comm. for the Blind) RESOLUTION N0. 79-246 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CENTRAL BUSINESS STREETSCAPE IMPROVEMENT PROJECT PHASE II -A, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE 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•hat 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 19th day of .June, 1979, 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 news- paper 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 Ralmpr _ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 12th day of June 1979• ATTEST:_ ( -, � City Clef 21- ��6 _/ �" I I � _.'x' Mayor 8D8 RECEIVED ® `PPROVX) BY THE 1 XII, DVAR? = G-7—xA'' - RESOLUTION NO. 79-247 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL AND PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR IN IOWA CITY, IOWA WHEREAS, the owner, HY VEE FOOD STORES #3 , has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-residential and large scale residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: portions of Lots 8, 9, & 10 of St. Mathias Second Addition to Iowa City, Iowa more particularly described as follows; Commencing at the West Quarter Corner of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence NB9045'11"E, 727.00 feet to the Northwest Corner of said Lot 10 which is the Point of Begin- ning; Thence N89°45'11"E, 196.68 feet along the North Line of said Lot 10 to the Northwest Corner of said Lot 9; Thence N89°35'45"E, 356.38 feet along the North Line of Said Lots 9 & 8 to a point on the Westerly Right -of -Way Line of Dubuque Road; Thence Southwesterly along said Right -o£ -Way line 160.47 feet along a 830.59 foot radius curve, concave Southeasterly whose 160.22 foot chord bears S08°32'20"W; Thence S03000'15"W, 313.05 feet along said Right -of -Way line to a point on the Northerly Right -of -Way line of Iowa Highway No. 1 (North Dodge Street); Thence S56°24'30"W, 376.73 feet along aaid Right -of -Way to a point on the West line of said lot 9; Thence N00°12'00"W, 211.70 feet along the West line of said Lot 9; Thence N89022'34"W, 195.33 feet to a point on the West Line of said Lot 10; Thence N00022'09"W, 462.32 feet along the West Line of said Lot 10 to the Point of Beginning. Said tract of land containing 6.40 acres. WHEREAS, said property is owned by the above-named party and no dedications are required; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential and large scale residential development, and have approved the same; and, WHEREAS, the said large scale non-residential and large scale 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 and large scale residential development are found to conform with the require- ments of the City ordinances of the City of Iowa City, Iowa, Received & Approved By The Legal Department 0 Resolution No. 79-247 Page 2 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 and large scale residential development. 2. That the said large scale non-residential and large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential and large scale 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 12th day of June , 19 79. It was moved by Roberts and seconded by Balmer that the Resolution as reade adopted, and upon roll ca t ere were: AYES: NAYS: ABSENT: _ x BALMER X DEPROSSE x ERDAHL x_ NEUHAUSER x PERRET X ROBERTS X VEVVERRA/J MAYOR ATTEST: �. �� CITY CLERK '�7lL�) RESOLUTION NO. 79-248 WHEREAS, John Johnson and Fred Brown attended the University of Iowa, played basketball as Iowa Hawkeyes, and lived in the City of Iowa City; and WHEREAS, they were super Hawkeyes who played an integral part in guiding the 1970 University of Iowa Hawkeyes team to a Big Ten championship and an undefeated season, and WHEREAS, they have contributed their superior talents to the world of professional basketball, and as members of the Seattle Supersonics, have helped that team to win the 1979 NBA basketball championship, and WHEREAS, both of these talented individuals are active in their community in soliciting for various charities and in contributing to youth oriented programs, NOW THEREFORE BE IT RESOLVED that John Johnson and Fred Brown are named as honorary citizens of the City of Iowa City, and we wish them continued success on behalf of the citizens of their newest "hometown". 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 deProsse _ x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 12th day of June, 1979. ATTEST: CITY CLERK , A4�-2 �7// RECEIVM 6 LEPROM BY TEE LEGLL DEPARTMT. June 12 , 1979 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers at the Civic Center, Iowa City, Iowa, at 7:30 O'clock P .M., on the above date. There were present Mayor Robert l�Vevera , in the chair, and the following named Council Members: John R. Balmer, Clemens Erdahl, Mary C. Neuhauser, David Perret, Glenn E. Roberts, Robert A. Vevera Absent: Carol W. deProsse AHLERS. COONEY. DORW EILER. HAYNIE G SMITH, LAWYERS. DES MOINES. IOWA ///.2- i Council Member Perret introduced the following Resolution entitled "RESOLUTION OF NECESSITY" and moved that it be proposed. Council Member Erdahl seconded the motion. The matter was discussed and the roll being called, the vote was, - AYES: Roberts, Vevera, Balmer, Erdahl, Neuhauser, Perret NAYS: none Absent: deProsse Whereupon, the Mayor declared the motion adopted and the resolution to have been introduced and proposed as follows: Res. No. 79-249 RESOLUTIO14 OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), in Iowa City, Iowa. Said district containing the properties to be assessed is set out and'described in the following "Notice to Property Owners", set out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. AHLERS. COONEY. DORWEILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA X13 The method of construction shall be by contract. Costs of said improvements will be assessed to the pro- perties within the boundaries of the district. No property shall be assessed more than it is benefited by the improve- ments nor more than 258 of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Street Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at 7:30 o'clock P. M., on the 3rd day of July 1979, in the Council Chambers in the Civic Center, for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, he shall be deemed to have waived all objections pertaining to the regu- larity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: AHLERS, COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES, IOWA fl /, NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an esti- mate of costs and plat and schedule showing the amounts pro- posed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a street improvement, designated as the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), of the types and in the location as follows: (Iowa City - 1979 Street Improvements -- Tanglewood Street - Ventura Avenue) TANGLEWOOD STREET - From 259.16 feet south of Ventura Avenue to 180 feet north of Ventura Avenue. Paving to be seven (7) inch thick concrete, twenty-five (25) feet wide with integral curb. VENTURA AVENUE - From Tanglewood Street west to Dubuque Street. Paving to be seven (7) inch thick concrete, twenty-five (25) feet wide with integral curb. That the proposed district to be benefited and subject to assessment for the cost of such improvements is described as follows: (Iowa City - 1979 Street Improvements -- Tanglewood Street - Ventura Avenue) All property included within the areas described so as to include one-half of the privately owned property between each such street improved and the next street, whether such privately owned property abuts upon the improved street or not. In no case shall property situated more than 300 feet from the improved street be assessed. The Council will meet at 7:30 o'clock P. M., on the 3rd day of July , 1979, at the Council Chambers in th�vic Center, Iowa city, Iowa, at which time the owners of property subject to assessment for the proposed improve- AHLERS, GOONEY. DORWEILER. HAYNIE B 5MITH. LAWYERS. DES MOINES. IOWA Q' q/ 0 �V ments, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. !! 00 C erk of Iowa CiW, Iowa AHLERS. COONEY. DORWEILER. HAYN IES SMITH. LAWYERS. DES MOINES. IOWA APPROVED AND PROPOSED at the meeting held on the 12th day of ,luno 1979. Mayor ATTEST: u /cam --Clerk AHLERS. COONEY. DORWEILER. HAYN" MITH. LAWYERS. DES "MINES. IOWA l /' Council Member Balmer introduced the following Resolution entitled "RESOLUTION DIRECTING ENGINEER TO PREPARE DETAILED PLANS AND SPECIFICATIONS AND DIRECTING ATTORNEY TO PREPARE FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE 1979 STREET IMPROVEMENTS (TANGLEWOOD STREET - VENTURA AVENUE)" and moved that it be adopted. Council Member Roberts seconded the motion to adopt. The roll was called and the vote was, AYES: Vevera, Balmer, Erdahl, Neuhauser, Perret, Roberts NAYS: None WhereuoAbsent: theePNTayor declared the following Resolution duly adopted: RES. N0. 79-250 RESOLUTION DIRECTING ENGINEER TO PREPARE DETAILED PLANS AND SPECIFICATIONS AND DIRECTING ATTORNEY TO PREPARE FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE 1979 STREET IMPROVEMENTS (TANGLEWOOD STREET - VENTURA AVENUE) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That Eugene A. Dietz, P.E. (City Engineer) is hereby ordered and directed to prepare and file with the Clerk detailed plans and specifications for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue). BE IT FURTHER RESOLVED that the Attorney is hereby ordered and directed to prepare and file with the Clerk a Notice to Bidders and form of contract for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue). PASSED AND APPROVED this 12th day of June 1979. Mayor Attest: City Clerk AHLERS. COONEY, DORWEILER. HAYNIE IN SMITH. LAWYERS. DES MOINES, IOWA O/ % RESOLUTION NO. 79-251 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND WATER TOWER PAINT AND REPAIR COMPANY, INC. OF CLEAR LAKE, IOWA TO PROVIDE FOR THE MAINTENANCE OF A 1,000,000 GALLON GROUND WATER STORAGE TANK OF THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City utilizes a 1,000,000 gallon ground storage water tank, and WHEREAS, it is necessary to provide for the maintenance of this water tank, and WHEREAS, the City of Iowa City and Water Tower Paint and Repair Company, Inc. desire to enter into an agreement whereby the Water Tower Paint and Repair Company will maintain the tower for five years for a contract price of $16,965. 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 an agreement between the City of Iowa City and Water Tower Paint and Repair Company, Inc. of Clear Lake, Iowa. It was moved by Balmer and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x_ Balmer x deProsse Erdahl x Neuhauser X Perret Roberts Vevera Passed and approved this 12th day of June, 1979. MAYOR ATTEST: &� «J CITY CLERK BI ,TBMILWJL 1PARrAWI= a MAINTENANCE CONTRACT 1,000,000 GALLON GROUND STORAGE WATER TANK This Agreement made in duplicate by and between Water Tower Paint and Repair Company, Inc., of Clear Lake, Iowa, hereinafter called "Contractor" and City of Iowa City, Iowa, hereinafter called "0 ner" has been negotiated and signed by Owner on this _AZd-day of 1979. Witnesseth: In consideration of Owner agreeing to pay Contractor at Clear Lake, Iowa, a contract price of $16,965 with an annual payment of $3,393 after satisfactory completion of each annual maintenance service described herein, Contractor agrees to perform services on Owner's 1,000,000 gallon water tank for a term of five years commencing on May 31, 1979. The provisions governing these services are: INTERIOR SERVICES 1. To annually remove all sediment and debris from the interior of the water tank. 2. To annually inspect the interior and if found to be needed, to weld all leaks on the interior of the water tank. 3. To annually restore the interior coating to a serviceable condition wherever the interior surface of the metal is exposed to the action of water. 4. In 1984, to apply a complete wax -type coating to the interior of the water tank, meeting the specification shown as attachment A. EXTERIOR SERVICES 1. To annually inspect the exterior of the water tank. 2. To annually make necessary repairs and when made to apply a protective coating thereon. 3. To annually spot coat wherever necessary the paint on exterior of tank. 4. In 1984, to apply an exterior coating of primer and aluminum paint, meeting the specification shown as attachment B. GENERAL COVENANTS 1. Contractor shall make emergency repairs if and when necessary in addition to its annual service obligations without cost to Owner. 2. Contractor shall furnish all materials, labor and equipment required by it in the performance of this contract. 3. Contractor, when performing under this contract, shall carry Workman's Compensation and a comprehensive liability insurance policy executed by a company authorized to do insurance business in the state of Iowa. The minimum limits of each policy are as follows: $ 50,000 -- Property Damage $100,000 -- Personal Injury $300,000 -- Per Incident A copy of the policy shall be filed with the City Clerk and the City must be notified thirty days prior to the termination of this coverage. Failure to maintain insurance coverage automatically terminates this agreement. Contractor agrees to indemnify, defend and save harmless the City, its agents, officers and employees from any and all z claims, damages and losses resulting from its performance of this agreement. 4. Contractor shall not be liable for or required hereunder to perform services or make replacements which are caused or made necessary by or because of damage to said structures by freezing, ice damage, acts of God, fire, wind storm, lightning, collision or the acts of any person who is not an agent or employee of Contractor. No liability shall result to Contractor if performance of this contract is delayed by strikes. 5. This contract shall not cover or include services on or replacements to any electrical system, float gauges, valves, concrete abutments, expansion joint assembly, overhead riser, overflow pipe, spider rods and hub, wooden or light gauge metal portions of the structure or any portion of the structure not accessible for maintenance. 6. This contract shall be in force and effect for the term herein stated. However, if Owner is a public body and if the laws of the state which govern it prohibit the term herein provided, then is between Contractor and Owner, this contract shall be in full force and effect from year to year from and after its commencement date, but not to exceed the term of years herein provided, and said contract shall automatically renew itself from year to year unless written notice of its termination is given by Owner to Contractor at its address in Clear Lake, Iowa, by certified mail not less than ten days prior to the annual automatic renewal date. 7. This contract covers one water tank. If Owner causes or permits repairs, alterations or improvements to be made upon the water tank covered by this contract without the knowledge and approval of Contractor, or if the annual payments required to be made herein by Owner are not made when due and payable, this contract may at the option of Contractor be terminated and cancelled and written notice of that fact given to Owner by certified mail. 8. Owner agrees to make all necessary repairs which are beyond the scope of this contract and Contractor shall have no liability to perform hereunder until necessary repairs have been executed by Owner. 9. Owner represents that it has lawful authority to enter into this contract and that this instrument has been approved by and is being entered into at the direction and in behalf of the public body. If any provision herein is found to be invalid, that conflict shall not affect the other provisions of this contract but they shall remain in full force and effect. 10. Although this contract has been negotiated by the parties and signed by Owner on the date set forth in the preamble hereof, it shall not commence or be binding upon the Contractor until: a. The Owner has complied with the provisions of paragraph 7 above. b. Until it is accepted and signed by an officer of the Con- tractor at its home office in Clear Lake, Serro Gordo County, State of Iowa. No alteration, additions, or insertions shall be made on the contract after it is signed by Owner except the date of acceptance and Contractor's signature. 11. If Contractor is ready to perform its required annual inspection and services, but is prohibited from doing so by any act or acts of Owner, its agents, employees or representatives, then Contractor shall be entitled to receive the annual maintenance payment required hereunder. W011 011 12. Be it further agreed between the parties hereto that Contractor shall not be responsible for replacement or repair of the flat bottomed portion of the 1,000,000 gallon ground storage tank when such replacement or repair may be caused by deterioration of said bottom from beneath the bottom. 13. Owner shall furnish labor to assist in draining and flushing of the 1,000,000 gallon ground storage tank in performance of the maintenance service. Said assistance shall be required and used only in the draining and flushing and not in remainder of normal maintenance. 14. Contractor shall comply with all applicable municipal ordinances and the laws of the State of Iowa. 15. The Contractor agrees not to commit the following employment practices: To discharge from employment or refuse to hire any individual because of his/her race, color, religion, national origin, sex, age, marital status, sexual orientation or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of his/her race, color, religion, sex, national origin, age, marital status, sexual orientation or disability. 16. This agreement shall be binding upon the successors and assigns of the parties hereto; provided however, that no assignment shall be made without the written consent of the parties to this agreement. 17. This agreement embraces the entire contract between the parties and any oral agreement, representation or warranty not herein contained shall have no effect or validity. This contract can be altered only by a written instrument to be signed by both parties. R AINT AND REPAIR CO., INC N 6 U AL•i WATER 7TW By: Corporate Acknowledgement. t� State of 4ti � ss County of &/L,n ,�1,t'4�6 ) n I, 9V "t �� rz�Z a notary public in and for said county, in the state aforesaid, do hereby certify that !Q�./..•� °� o �...Y and �a�CP. � ��. to me personally known to be president and secretary respectively of .�Pn�+-�'�.:..G /-, a corporation, and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president and secretary respectively they signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the board of directors of said corporation. CITY OF IOW CITY By: /jl 0 ATTEST: IE STOL US, CITY)CLERK ggC.jjv D 6 or -ROM BY THE IYPkL DEURTMT Attachment A SANCHEM, INC. SUBSIDIARY OF SANIF.I.1. CHEMICAL COMPANY 1600 SOUTH CANAL STREET • CHICAGO, ILLINOIS 60616 • TELEPHONE 31217336100 Telex 256229 NO=OX-ID" A SPECIAL Cable. SANCHEM DESCRIPTION NO-OX-ID(E) "A Special", a soft, grease -type rust preventive, contains a solvent for ease of application. Designed for spray or brush application, it leaves a thick, semi -transparent, nondrying film which retains its properties indefinitely. Metal wetting agents and selected rust inhibitors blended with a petrolatum base make NO -OX -ID "A Special" an economical, effective protective coating. USES General heavy-duty rust prevention wherever a cold applied coating is required for maximum protection of metal from weathering, water, or any corrosive alaros- pheres. Used by virtually every industry, NO -OX -ID "A Special" has been applied extensively for all maintenance rustrpreventive purposes. NO -OX -ID "A Special" and "A Spacial X" are both available and are identical except for color. Where a black, pig- mented consistency is desired, specify NO -OX -ID "A Special X". In the manufacture of precision or any finished metal parts NO -OX -ID "A Special" serves as a protective coating during storage and shipment. For this purpose it is applied by brush. For application by hot dip method use N"X-ID "A" k NO.OX-ID "A Special" is used extensively for main- tenance purposes. Whether the corrosion problem in- volves nuts and bolts or structural steel, steel water tanks, equipment in service or storage,patterns, dies, or jigs ... NO -OX -ID "A Special" will provide complete protection with one coating. (See Reverse Side for List of Industrial Uses.) FEATURES e Long-term protection e Simple one -coat application • Low cost s Safe to use SURFACE PREPARATION NO.OX-ID will penetrate old rust scale and paint films to bare metal, arresting further corrosion and pitting. This penetrating action requires touching up later as rust scale is softened and drops off. For best results the following cleanipg procedures are recom- mended: 1. Clean rage where only wiping or dusting to nec- essary, or rags soaked in kerosene for light dirt removal on production parts. 2. Solvent immersion for dipping production parts for the removal of light film contaminations. 3. Wire or power brush where rust deposits or loose paint films must be removed by abrasive action over large areae. 4. Sand-, slot-, or gritblasting on heavy coat de- posits sad saale firmly attached over large mail - 6. Flame cleaning, an alternate method for the removal of heavy rust or mill scale ever large areae. . 6. Steam cleaning, where thick grease, tarry, or other organic deposits as present. 7. Air -Pressure Scraper — In cases of major struc- tures, the user may desire to employ air cleaning with a simple scraper. APPLICATION Apply to metal surfaces ore it comes from the con- tainer, using stubby brush, swab, or glove. NO -OX -11) should be rubbed onto the metal thoroughly to absor7, any moisture present and to insure contact over all erregularittes on the surface. A thicker film should be applied to areas exposed to severe corrosive influences. NO -OX -ID "A Special" can be sprayed in several ways. Positive displacement heavy material pumps having an 8 to 1 piston ratio may be used atter warm- ing NO -OX -ID "A Special" to 900F. This temperature is well beneath the flash point of NO -OX -ID "A Special". However, direct open flame contact with the material must be avoided Suitable pumps fw spraying maybe obtained from Alemite, (!race, Binks, DeVilbiss, Lincoln, and others. TABLE FOR CALCULATING COVERAGE FilmThickneEE: 1'6 4 " 1/4B'• 1/32" lily"— Appeoximnle 1.016"h I f.023"1 (.031' 1 1.06:1. 1 coverage per D-121 I SS r gallon: I00 sq. it. Ili eq• ft. lS(h Eq, R nq . Weightpe .q.tt.vuven,gee wi per Nl•n CAUTION Contains solvent with minimum Ilnsh point i.r I(Ah'1 REMOVAL On producliun parts • nd equipment in Ihr coating can lx'romoved by clean races as sc:al•..,sakVd in petroleum solconts, Such •an ga%ohne. sirr.nvuc. or naphtha. If lhe.outed mt'n.d cull M handied ea al%. conventional degreasing methods. such as trichloro- ethylene, vapor degreasers, alkaline wast or suhrnl immersion methods, can be used TECHNICAL DA'. A PROTECTIVE COATING SYSTEMS fora ASTM Characteristics Test Method Melting Point 0F. 140-150 D-121 Pour Point 0F. 130-140 D-97 Flash Point(C.O.C.) I(X)OF. Min. D-92 Penetration @ 770F. 110-120 D-937 Viscosity F 2100F. 60.70 D-89 Weight Per Gallon 7.21 Lbs. PROTECTIVE COATING SYSTEMS fora 9"LECTRIC UTILITica OIL FIELDS AND Specific us" NO -UX -R) "A Special" has enjoyed wide usage among utilities because of its excellent perfon once in keep- ing dissimilar metals free from cor- rosion. The formation of oxides, sulphides, and other corrosion de- ,asits on copper surfaces and conductors can be prevented with its use. When used on aluminum conduc- tors in joints NO -OX -ID "A Special" prevents the reformation of oxide films which cause high resistance ail subsequent failures. NO.OX-11) "A Special" provides protection for line connection of AMR cable with either tension or compression connectors. NO OX -ID is used also in the fabrication of ACSR cable. Specific Uses B4m bars 0 etectpo'Into Switch blades Transformers Aluminum cable Sted conduit High lint. towers 3 rackets lnnalators wire CowNctees Clamps Steel light polar Aerial cable Ttirnbuckles Anchor rods Manhole hardware MARINE Serious corrosion problems are en- countered in the marine•irdustry, due to the extremely severe conditions ,to which steel floating equipment is subjected. NO -OX -ID ."A 6pecial" is particularly adaptable. Specific Uses Tanka-lellast, side and wing, peeks, potable, and others for water storage. Cofferdams. Void spaceb, particularly inacces- sible areas under normal operations. Steel decking under wood. Tank tops under wooden ceilings. Drain wells and bilges. Machinery lay-up. Toole and spare parte. Brine •.enks and refrigerator coils. Floating dry dock wings and pontoon buoyancy spaces. Buoyancy spaces of bargee, buoys and hollow rudders.. Rigging, turnbuckles, gears, and fittings. REFINERIES The petroleum industry is in a tre- mendous program of expansion .. . equipment... drilling... processing. NO -OX -ID protects spinet corrosion of parts and supplies ... in storage or in the field... keeps them in con- stant readiness for immediate use. In the field NO -OX -ID -protected PPmts and equipment withstand high 6umidities and weatheringconditions. In the refineries NO -OX -ID protects against corrosive fumes or exposure, retains its rust -inhibiting character- istics indefinitely. In oil fields NO -OX -ID "A Special" may be used for: Tubing threads in storage Temper screws Gun barrels Threads of bite and stems Stared rod lines ' Pumpingl'acke Balls end Beate of stored working barrels Threads of drill pipe Underfootings of steel derricks Water tank interiors Reconditioning pipelines Valves and fittings In refineries NO -OX -ID "A Special" is used for: Threads of fittings in storage Stored pressure still tubes Tank car safety valve threads Water tank interiors RAILROADS NO -OX -ID "A Special" is one of the oldest rust preventives used by major railroads throughout the United States and Canada. Its service life is most important for economical maintenance of railroad equipment which must be in constant use and such protection is available at mini- mum expense. One coat application of NO -OX -ID "A Special" will give long-term pro- tection to structural steel, bridges, turntables, track scales, rail joints, and signal department - in main- tenance of equipment, in the protec- tion of stared material under cover indoors and in the open. Steel structures Water tank interiors Inside surface of conveyor pity All bolts and nuts Railroad street crossings Roistln` crane Turntables Track scales Rall joints Turnouts WATER WORKS AND SEWAGE DISPOSAL NO -OX -ID "A Speclal"isuaaKected by water and imparts nu taste, odor, or color to stored water supplies. It has superior protective qualities where water, oxygen, and carbon dioxide combine to form extremely corrosive conditions. For use in pot- able water service, apecHyNO.O -R) "A Special" Water Warks trade. Specific Uwe Water tank interiors Steel settling tanks Ash conveyors Steel baffles Packing saturation Metal pmts of clarifiers and floccu- lators Mixing and aeration equipment Sludge digestion and removal equip- ment Strainers Filtering systems Condenser cooling coils Screens Standpipes Tank bottoms Crones Hoppers CONTAINERS 55 -Cel. Drums' 380A ba.' 30 -Gal. Drums 200/L:. a. 5 -Cal. Pails 35/Lbs'. 'Pint Cone 12/Cs. 'Minimum Order -One Caton 112 Pints). IXAMUN U rPAINTS VOGEL PRODU r Attachment B INFORMATION kLUMINUM METAL AND MASONRY PAINT LH -2401 TYPE: 100% metallic flake aluminum, manufactured be either Aluminum Co. of America or Reynolds Metals Co. and sold by them under their registered trade marks. USE: Diamond Vogel LH -2401 aluminum metal and masonry paint is specifically designed for the protection and decoration of weather -exposed metal and other hard surfaces. When applied in accordance with directions, it dries quickly to a tough water -proof film with a bright silver finish that will give years of protection to the surface. It reflects the sun's heat and keeps surface temperatures many degrees cooler making it the best paint for metal and weathered composition roofing. Use it also on metal farm equipment, such as windmills, silos, water tank, ventilators steel gates and machinery for longed -lived protection against rust and deterioration. If the metal surface is rusted be sure to use Diamond Vogel AZ -0402 Metal Primer after thorough cleaning. Use Diamond Vogel LH -2401 aluminum metal and masonry paint on all interiors surfaces, including metal, plaster, brick, concrete and wood. It reflects light and brightens up dark rooms. Its aluminum pigment is non-toxic making its use desirable on the interiors of dairy barns. It is not intended for use on galvanized metal without first using galva-prep or vinyl wash primer PE -3201 Part A and PM -0201 Part B accordance Oq//elf/NG.. with directions. PIANTIN& DIRECTIONS: The surface must be clean, dry and free from rust, grease, dirt or old paint scales. DO NOT paint when temperature is below 40°F. or when there is frost or condensed moisture on the surface. On new or rusted iron or steel surfaces, always use Diamond Vogel AZ -0402 metal primer before applying this aluminum paint. For best results on outdoor surfaces, use two coats of Diamond Vogel LH -2401 metal and masonry paint. Before applying, the paint should be well stirred so that all settled pigment is uniformly incorporated. Stir occasionally during application. This paint can be either brushed, orftoLLe D oR sprayed, and covers approximately 600 square feet per gallon. APPLICATION: May be brush rolled, air spray or airless spray. Recommended airless tip size .013 x 500 or .015 x 500. DRY TIME: Approximately two hours in proper drying weather, high humidity may affect the drying time. CLEAN-UP: Nel-Thin-01. COMPOSITION: Pigment 21.32% Vehicle 78.68% Leafing Aluminum Paste 100% Treated Vegetable Oil 70.59% Driers 1.30% Alaphatic & Aromatic Hydrocarbons 28.11% 100.00% Itf1u O~ /OD?."v 7MVIMUEfIc COMPANY wllIncorporated 123 WEST 231d AVE NUF, NORTH KANSAS CITY. MISSOURI 64116 Mailing Addross, Post Olhco Box 1749, Kansas City, Missouri 64141 Iolophono (816) 474.3400 Tolox 426163 LABEL ANALYSIS 50-0079 FAST DRY BROWN PRIMER Vehicle by Weight: 57.6% Alkyd Resin Solids 25.5% Phenolic Resin Solids 10.7% Thinners & Driers 63.8% 1 Pigment by Weight: 42.4% Zinc Molybdate 11.2% Iron Oxide 44.7% Magnesium Silicate 44.1% 100.0% MANUFACTURING PLANTS: NORTH KANSAS CITY, MISSOURI AND BALTIMORE, MARYLAND SINCE 1921 RESOLUTION N0. 79-252 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO CONTRACT FOR TECHNICAL SERVICES WITH VEENSTRA $ KIMM WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Veenstra $ Kimm , a copy of, said amendment 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 amendment to the contract for revised stream rn,al;ty. standards 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 2. That the City Clerk shall furnish copies of said amendment to any citizen requesting same. 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 DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 12th day of June 1979• Mayor ATTEST: �. ' City Clerk Rtsel"d a Approved *v The ie al nabOftnent �a� FIFTH AMENDMENT TO AGREEMENT WHEREAS, the City of Iowa City, hereinafter referred to as the City, has entered into an agreement with Veenstra & Kimm, 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 Consultant has prepared and submitted to the Iowa Department of Environmental Quality (IDEQ) and the U.S. Environmental Protection Agency (EPA) a document entitled "Iowa City, Iowa Sanitary Sewerage System Facility Plan - 1978; Part 2 - Sewer System Evaluation Survey - Section 1 - River Corridor Sewer; Part 3 - Complete Waste Treatment System Plan - Section 1 - Water Pollution Control Plant," and WHEREAS, said document, dated June 19, 1978, constituted a Facility Plan for a new water pollution control facility based on effluent limitations established in the Iowa -Cedar River Basin Plan dated July, 1975, with all aspects being based on said Basin Plan effluent limitations, and WHEREAS, said IDEQ is in the process of modifying the effluent limitations for Iowa City which will cause a need for substantial changes in said Facility Plan, and WHEREAS, IDEQ and EPA have requested that a Scope of Services and estimate of cost be prepared for said substantial changes in the Facility Plan, and WHEREAS, the Consultant has developed a Scope of Services and estimate of cost and on June 5, 1979, representatives of both IDEQ and EPA approved the Scope of Services and the estimate of cost. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the amended agreement shall be further amended by making the following additions to the Mended agreement, to wit: The Consultant shall prepare an addendum to the Facility Plan, referred to hereinbefore, to change all parts of the Facility Plan affected by the change in effluent limitations by IDEQ. The specific work tasks to be completed by the Consultant are set forth in a five-page document entitled "SCOPE OF SERVICES" attached hereto and hereby made a part of this amendment. The City shall additionally compensate the Consultant for the work performed under this Fifth Amendment based on the actual costs incurred plus a fixed lump suis fee in accordance with EPA Form 5700-41 (2-76), attached to and made a part of this Fifth Amendment. The maximum amount chargeable for the work set forth in this Fifth Amendment for the actual costs is TWENTY -UNE THOUSAND, THREE HUNDRED THREE AND NO/100 DOLLARS ($21,303.00). The fixed fee for the work set forth in this Fifth Amendment is THREE THOUSAND, ONE HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($3,195.00). -1- The said additional maximum chargeable for actual costs of TWENTY-ONE THOUSAND, THREE HUNDRED THREE AND NO/100 DOLLARS ($21,303.00) and the fixed fee of THREE THOUSAND, -ONE HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($3,195.00) specifically relate to the additional work to be perfonned by the Consultant on preparation of an addendum to the Facility Plan as described herein. Should the scope of work, as defined herein, change and should it -be imminent that thereby the costs of performing this study shall exceed the above, a contract amendment must be negotiated and approved by grant amendment from the U.S. Environmental Protection Agency. The following Cost or Price Summary Format is attached hereto and made a part of this Fifth Amendment to Agreement of the parties hereto: EPA Form 5700-41 (2-76) for the additional work by the Consultant to prepare the addendum to the Facility Plan. 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. 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 13t))day of 961 ne , 1979. CITY OF IOWA CITY, IOWA ATTEST: LD� Mayor City Clerk VEENSTRA & KIMM ATTEST: -2- c SCOPE OF SERVICES ADDENDUM TO MODIFY PART 3 - COMPLETE WASTE TREATMENT SYSTEM PLAN SECTION 1 - WATER POLLUTION CONTROL PLANT OF FACILITY PLAN IOWA CITY, IOWA EPA PROJECT C190830 01 WORK TASK DIRECT LABOR Estimated Hourly Estimated No. Description Category Hours Rate Cost 1. Conferences to determine requirements and to establish Management Supervision 10 $22.00 $ 220. guidelines for completing work tasks; meet with IDEQ, Owner, Project Engineer 20 15.00 300..E interoffice; prepare Job Outline and other preliminary work. Secretary 4 8.50 34.00 Sub -total 34 $ 554.00 For the following work tasks, refer to "CONTENTS" of the Facility Plan Report dated June 19, 1978. The work tasks listed below are intended to include all aspects of the preparation of the addendum, including investigations, computations and drafting and reviewing and publishing the final product. 2. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS Summary of Costs: Rewrite this part to include a new cost Project Engineer 8 15.00 120.00 estimate based on current conditions, including inflation Planner/Engineer 16 13.00 208.00 since original preparation. Redo EPA Form 5700-32. Secretary 2 8.50 17.00 Sub -total 26 3. PART 1 - INTRODUCTION SCOPE: Describe the scope of the items to be covered in the Project Engineer 3 15.00 45.00 addendum. Planner/Engineer 8 13.00 104.00 Secretary 2 8.50 17.00 Sub -total T� T— 613.66 WORK TASK DIRECT LABOR Estimated Hourly Estimate No. Description Category Hours Rate Cost 4. PART 2 - EFFLUENT REQUIREMENTS GENERAL AND EFFLUENT LIMITATIONS - IOWA RIVER: Describe the Management Supervision 4 $22.00 $ 88.00 revised effluent limitations and reestablish past and current Project Engineer 6 15.00 90.00 requirements. Planner/Engineer 16 13.00 208.00 Secretary 2 8.50 17.00 Sub -total 58 40 5. PART 3 - CURRENT SITUATION WASTEWATER TREATMENT FACILITIES - Water Pollution Control Management Supervision 4 22.00 88.00 Plant: Revise the comparison of the effluent limitations with Project Engineer 12 15.00 180.00 plant performance. Also, under HYDROLOGICAL ELEMENTS, some Planner/Engineer 20 13.00 260.00 editing will be required under Rivers and Streams, Water Office Technician I 12 8.00 96.00 Quality and Water Quality Management. Secretary 4 8.50 34.00 Sub -total 52 658.00 r• WORK TASK No. Description 6. PART 4 - FUTURE SITUATION WATER POLLUTION CONTROL PLANT - FUTURE LOADINGS and SANITARY SEWER DESIGN LOADING GUIDELINES: This will be a major revision and rewrite to update the loading and flow data used in the original plan. All of the tables in this part will have to be redone. This part should also include a reevaluation of the disposal of lime sludge and backwash water from the University of Iowa water treatment plant. The University is currently reconsidering the original recommendations by its consulting engineers that a separate treatment facility be provided on site. FUTURE ENVIRONMENT WITHOUT THE PROJECT - Hydrological Elements: This section must be rewritten regarding the minimum flows to be discharged from the Coralville Reservoir. 7. PART 5 - ALTERNATIVE WASTEWATER TREATMENT SYSTEMS Cost-effectiveness study will be revised to include the current rate of interest and, for all alternatives discussed, we will need to update cost and present worth computations. The discussions on Treatment and Reuse and Land Application will need to be updated. If the addendum is considered a major change in the Facility Plan, another public hearing may be required. A public hearing will be required for the trunk and interceptor sewer report. If additional public participation is required for approval of a user charge system, then this addendum should reflect the time required for such public participation. DIRECT LABOR Category Hours Rate Cost Management Supervision 2 $22.00 $ 44.00 Project Engineer 5 15.00 75.00 Planner/Engineer 40 13.00 520.00 Office Technician I 10 8.00 - 80.00 Secretary 6 8.50 51. Sub -total 63 Management Supervision 8 $22.00 176.00 Project Engineer 32 15.00 480.r� Planner/Engineer 80 13.00 1,040.1 Secretary 12 8.50 102.Uu Sub -total 132 98.00 No WORK TASK Description 8. PART 6 - PRELIMINARY DESIGN CONSIDERATIONS Estimated Hourly Estima Category Hours Rate Cost The entire sections on TREATMENT PLANT COMPONENTS and PLANT Management Supervision 4 $22.00 $ 88.00 DESIGN CRITERIA AND LOADINGS will have to be redone to delete Project Engineer 16 15.00 13.00 240.00 the tertiary treatment considerations set forth in the first Systems Engineer 10 15.00 8.00 150.00 Facility Plan. We will have to rewrite and recompute all of Planner/Engineer 80 13.00 8.50 1,04 ^^ the loadings through the plant. We will have to update and Office Technician I 20 8.00 16 revise transport and treatment costs under the heading PLANT Secretary 10 8.50 8z).ue OPERATION AND MAINTENANCE. Clerk 20 6.00 120.00 Sub -total 160 $ 1,883.00 9. PART 7 - IMPLEMENTATION This entire part will need to be updated and revised for the Management Supervision 2 $22.00 $ 44.00 current situation. Project Engineer 6 15.00 90.00 Planner/Engineer 8 13.00 104.00 Secretary 2 8.50 17.00 Sub -total 18 $ 255.00 10. Revise tables as necessary. TABLE 4 - DESIGN WASTE LOADINGS will need to be completely Project Engineer 4 $15.00 60.00 revised and updated, particularly to reflect the loads Planner/Engineer 10 13.00 130.00 anticipated from the University of Iowa water plant. Office Technician I 6 8.00 48.00 TABLE 5 - PAST TRANSACTIONS - SEWER RE14TAL FUND will have to Secretary 2 8.50 17.00 be updated to include FY 1978 and, possibly, FY 1979. Sub -total 22 255.00 WORK TASK DIRECT LABOR Estimated Hourly Estimated No. Description Category Hours Rate Cost 11. FIGURE 14 - NEW WATER POLLUTION CONTROL PLANT AND FIGURE 16 - Management Supervision 4 $22.00 $ 88.00 PROJECT COMPLETION SCHEDULE. Figure 14 will have to be Project Engineer 6 15.00 90.00 completely revised to show the new treatment facility at the Planner/Engineer 20 13.00 260.00 revised waste load allocation. This grill show various plant Draftsman 50 10.00 500.00 and unit loadings and unit efficiencies, depending upon the Sub -total 80 938.00 facilities provided in the revised plant. It is assumed that the design of the plant will have been determined in previous parts of the addendum. The project completion schedule will require revision based on the estimated time to complete this addendum and other work to be done by the consultant, and to allow for review time by the regulatory agencies. 12. Present report draft to staff and City Council; transmit to Management Supervision 20 $22.00 $ 440.00 regulatory agencies and respond to comments. Project Engineer 32 15.00 480.00 Secretary 4 8.50 34.00 Sub -total 32 954.00 EXPENSES Printing and Duplicating $ 800.00 Long Distance Telephone 100.00 Per Diem 200.00 1,100.00 .:m TOTAL DIRECT LABOR $ 8,979.00 PLUS DIRECT LABOR POOL (x1.25) 11 223 Sub -total 20,202 EXPENSES 1,100.00 TOTAL ESTIMATED COST 21,302.75 FIXED FEE(xO.15) 3 195.41 TOTAL PRICE 24,498.16 APPENDIX C-1—Rcqu1REO P110V1slONs— CONSULTINO ENGINEERING AGR):E11)[NTs 1. General 2. Responsibility of the Engineer 3. Scope of Work 4. Changes 5. Termination 6. Itemedles 7. Payment 8. Project Design 9. Audit; Access to ftocords 10. Price Reduction for Defective Cost or Pricing Data 11. Subcontracts 12. Labor Slnndnrds 13. Equal h:mployment Opportunity 14. UfflizatiOn of Small or ISlnurity Ru.sl- ]less 15. Covenant Against Contingent Pecs 16. Gfa LLIRI S 17. Patents 10. Copyrights and RIChts In Data 1. GENERAL I IN The owner And the engineer nl:ree that the following provisions apply to the LPA grant -eligible work to be performed under this Agreement and that such provisions su- persede any conflicting provisions of this agreement. (b) The work under this agreement Is funded In part by a grant from the U.S. En- vironmental Protection Agency. Neither the United States nor the U.S. Environmenlal protection Agency (hereinafter. "EPA") Is a party to this agreement. This agreement which covers grant-cilgible work Is subject to regulation contained In 40 CHR 35.936. 35.937, and 35.939 In effect on the date of execution of this ngrcement. As used In these clauses, Lhe wurds "the date of execu- llon of this agreement" mean the date of execution of this ngrcement and any subse- quenl modification of file terms. compe.n5n- tion or scope of services pertinent to unper- formed work. (c) The owner's rights and remedies pro- vided in these clauses are In addition LO any other Thrifts and remedies provided by law or this Agreement. a. RESPONSIBIL-ITY OF THE ENGINEER (a) The engineer shall be responsible for the professional quality. Lechnicnl accuracy. timely completion, and -the coordination of all designs, drawings, specifications. reports, and other services furnished by the engi- neer under this AE'reement. The engineer shall, without Additional compensation. cor- rccL or revise any errors, omissions, or other deficiencies In his designs, drawings, spedfl- cnllons, reports, and other servIces. (b) The engineer shall perform such pro. fessional services As may be necessary to ac- complish the work required to be performed under this agreement. In accordance with this agreement. And applicable EPA require- ments In effect on the date of exeeuLlmn Of thLs agreement. (c) The owner's or EPA's approval of drawings, designs, specifications. reports, and incidental engineering work or materl- als furnished hereunder shall not In any wily relieve the engineer of responsibility for the Lechnleal adequacy of his work. Nei. ther the owner's nor EPA's review, approval or acccpWlou of, nor payment for, anY of the acrvfcl5 shall tie eonSLTUed to operate as it waiver of any rights under this agreement or of Any cause of action Arising out of the performance of this agreement. (d) The en):ineer shall be and shall remain llnble, in accordance with applicable law, for NI damages Lo the owner or EPA caused by Lhe engineer's negligent performance of any of the services furnished under this agree. ment except for errors, omissions or other deficiencies to the extent attributable to the owner• owner -furnished data or any third party. The encimrr shall not be resporuilble for any time delays In the project caused by circumstance beyond Lhe engineeer's con. trol. Where Innovative processes or Lech. niques (see 40 CFR 15.908) are recommend. ed by Lhc engineer and are used. Lhe rngl- ncer shall be liable only for Crass negligence 1 to the extent of such use. I` a. scorE or woax The services to be performed by the engf- necr smdl Include all services required to I complete the task or Strp In Accordance with applicable EPA regulations HO CPR Part 35, Subpart E Int effect on the date of execution of this agreement) to the extent of the scope of work As defined and set out In the engineering services agreement to _ which hese provisions are attached. 4. CHANGES (a) The Owner may, at any time, by writ. ten order, make chnnges within the general scope of this agreement In the services or work to be performed. If such chnnges cerise an Increase or decrease In the engineer's cost of, or time required for, performance of 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 writing according. ly. The engineer must assert any claim for adjustment under this clause In writing within 30 days front the date of receipt by the engineer of the notification of change, unless the owner grants a further period of time before the due of final payment under this agreement. (b) No services for which an additional compensation will be charged by the engi- neer shall be furnished without the written au Lhort7mLion of the owner. (c) In the event that there is a modifica- tion of EPA requirements relating to the services to be performed under this AMC - merit 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 an appropriate modification of this agreement. 5. TERMINATION (a) Elther party Larry terminate this agree- ment. In whole or In part, in writing, if the other party substantially falls to fulfill Its obligations under this arreemenf through no fnult of the L::rntnating party. However. no such terminatlon may be effected unless the other party Ls given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of Intent to terminate And (2) an opporLunl- Ly for consultation with the terminating party before termination. (b) The owner may terminate this A,rre- ment In whale or In part, In writing. for Its convenience, If the LerminnLion is for good cause (such Its for legal or financial reasons, major changes In the work or program re- quircmrnLs, Initiation of a new step) and the engineer is given (1) not less than ten (10) calendar days written notice (delivered by eerLlfied mail, return receipt requested) of Intent to terminate, and (2) an opportunity for consultation with the terminating party -before termination. (c) If the owner terminates for default, an equitable Adjustment In the price provided !for In this ngrcement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work. and (2) any payment due to the engl- 'nrer at the time of termination may be ad - Jested to tile extent of any additional costs The owner Incurs because of the engineers default. If the engineer terminates for de. !milt or If the owner tcrminates for conven. lem-c. the equitable ndjusLment shall In- clude a reasonable profit for services Or other work performed. The equitable ad- justment for any Lermination shall provide for payment to the engineer for services rendered and expenses Incurred before the termination. In addition to termination set- Llement, costs the engineer reasonably Incurs relating to eontrnitments which had become firm before the termination. (d) Upon rcrr.IpL or a termination action under paragraphs (a) or (b) nbove. lire engi- neer shall (1) promptly discontinue all ser- vices affected (unless the notice directs oth- erwise). and (2) deliver or othcrwtse make nvallable to the owner all data, drawings, specifications, reports, estimates, summar- les, and such other Information and materl- els as the engineer may have accumulated In,oerforming this agreement, whether eore- plct,sr or In process. (e) Loon termination under paragraphs (a) or (b) above, the owner may Lake over the work and prosecute the same to comple- ' lion by agreement with Another party or otherwlse. Any work the owner Lakes over ,for completion will be completed at the owner's risk, and tire owner will hold ham - less the engineer from all clalms and dam- ages arising out of Improper use of the engi- neer's work. (f) If, after termination for failure of the engineer to fulfill contractual obligations, IL Is determined that the engineer had not so Iniled, the termination shall be deemed to have been effected for the convenience of the ownerIn such event, adjustment of the price provided for In this agreement shall be made As paragraph (U of this clause pro. vides. 6. REMEDIES Except as this agreement Olhcrwdsc pro- vides, all claims, counter-Ualms, 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. 7. PAYMENT (a) Payment shall be made In accordance alth Lhe payment schedule Incorporated In this agreement as soon As practicable upon Pay—submission of statements requesting 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. When such progress payments arc made, the owner may Withhold up to ten (10) percent of the vou- chered amount until satisfactory completion by the engineer of work And services within a step called for under 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. FEDERAL REGISTER, VOL 43, NO. 108—WEDNESDAY, SEPTEMBER 27, 1978 (e) No payment request made under parn. graph (a) or (b) of this clause shall exceed the cslimntcd amount and value of the work and services performed 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) Upon satisfactory completion of the work performed under this agreement, as a condition precedent to final payment under this agreement or to settlement upon Lerml. nation of the agreement, the engineer shall execute and deliver to the owner a release of all claims against the owner arising under or by Plrtuc of this ngreement, other than such claims. If any, as may be specifically exempted by the engineer from the oper- ation of the release In slated =aunts to be set forth therein. B. PROJECT DESIGN (n) In the performance of this agreement, the engineer shall, to the extent practicable. provide for maximum use of structures. ma- chines, products, materials, construction methods, and equipment which are readily available through comped Llve procurement, 'or through standard or proven production techniques, methods, and processes, consist- ent. with 40 CFR 35.936-3 and 35.936-13 In effect on the dale of execution of this agree- ment except to the extent to which Innova- Llve technology may be used under 40 CFR 35.008 In effect on the date of execution of this agreement. (b) The engineer shall not, In the perform - "cc of the work under this agreement, pro- duce a design or specification which would require the use of structures, machines, ,products, materials, construction methods, equipment, or processes which the engineer knows to be available only from a sole source, unless the engineer has adequately juslifled the use of a sole source In writing. (c) The engineer shall not, In the Perform - once of the work under this ngreement, pro. duce a design or specification which would be restrictive In violation of sec. 204(a)(6) of the Clean Water Act. This statute requires that no specification for bids or statement of work shnll be written In such a manner m to contain proprietary, exclusionary, or ( - crlminaLory requirements other than those based upon .performance, unless such re- quirements are necessary to test or demon. strate a specific thing, or to provide for nec- essary InterchangeablllLy of Paris and equipment, or at least two brand names or trade names of colnparnble quality or utility are listed pad are followed by the words "or equal." With regard to materials, If a singie material is specified, the engineer must be prepared to substantiate the basis for the selection of the material. (d) The engineer shall report to the owner any sole -source or restrictive design or specl. [[cation giving the reason or reasons why It Is necessary to restrict the design or speclfl. cation. (U The engineer shall not knowingly specify or approve the performance of work RL a facility which Is In violation of Kean air or water standards and which is listed by the Director of the EPA Office of Federal Activities under 40 CFR Part 15. 9. AUDIT; ACCESS TO RECORDS (a) The engineer shall maintain books, records, documents, and other evidence di- rectly pertinent to performance on EPA grant work under this agreement In accord. ance with generally accepted accounting Principles and practices consistently ap. FEDERAL plied, and 40 CFR 30.605. 30.005, and 35.935- 7 In effect on the date of execution of this agreement. The engineer shnll also main- tain the financial Information and data used by the engineer In the preparatlon or sup- port of the cost submission required under 40 CFR 35.937-6(b) In effect on the dale of execution of this agreement and a copy of the cost summary submitted to the owmcr. The U.S. Environmental Protection Agency, the Comptroller General of the United Stairs, the U.S. Department of Labor, owner, and [the Stale water pollution can. Lrol agency] or any of their duly authorized representatives shall have aeccas to such books, records, documents, and other evi. donee for Inspection, nudl L, and copying• The engineer will provide proper facilities for such access and inspection. (b) The engineer ¢grecs to Include para- graphs (a) through (e) of this clause Inall his contracts and all tier subcontracts dl. rectly related to project performance that are In excess of $10,000. I (c) Audits conducted under this provision shall be In accordance with generally Re- icepted auditing standards and established 'procedures and guidelines of the reviewing for audit agency(les). (d) The engineer agrees to the disclosure .of all Information and reports resulting from access to records under paragraphs (a) and (b) of this clause. to any of the agencies referrcd 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 doc- umentation on the pertinent portions of the draft audit report rind 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) and (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 protect. In addition, those records which relate to tiny "Dispute" appeal under con EPA grant agreement, to litigation, to the settlement of claims arls- Ing out of such performance. or to costs or Items to which an audit exception has been [Laken, shall be maintained and made avnlla. ble until 3 years after the date of resolution of such appeal, litigation, claim, Or excep- tion. 10. PRIcE mDUCTfoN FOR DEFECTIVE COST OR PRICING DATA (This clause is applicable i/ the amount o/ this a9recmenf exceeds $100,000.) (a) If the owner or EPA determines that tiny price, Including profit, negotiated In connection with this agreement or tiny cost reimbursable under this agreement was In- creased by tiny significant sums because the engineer or tiny subcontractor furnished In. complete or inaccurate cost or pricing data or data not current as certllled In his cerdfl. cation 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 'reduction under this clause by reason o/ de- Jrc!(le Cost or pricing data submitted in connection with certain subcontract+, the engineer may wish to include a clause in each such subcontract requiring the subcon. Inletor to appropriately indcmnVy the engi- neer. It is also expected that any subcontrao- for subject to such vudmni/Icalion will gen- erallvrequire substantially similar i tic i - /!cation /or de/ecttre cost or pricing data re- qutred to be submitted by his loser tier sub. contractors.) 11. 5UBCONr RAC7S (a) Any subcontractors and Outside asso. ciates or consultants required by the engi. neer In connection with services under this agreement will be limited to such Individ• uxis or firms as were specifically identified and agreed to during In gotiadom. or as the owner specifically authorises during the performance of this agrccmenl. The owner must give prior approval for tiny substitu. tions In or addi Lions to such subcontractors, associates, or c ntsulLants. I (b) The engineer may not subcontract acr- vices In excess of thirty (30) percent (or —Percent. If the owner and the end. 'me hereby afrrec.) of the contract price to subconLractors or consultants without the owners prior written approval. la. IA90R 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 subject to the following labor standards provisions. to the extent applicable: (a) Davis -Bacon Act (40 U.S.C. 276a - 276n -7): (b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333): (c) Copeland AnLI-Kickback Act (18 V.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 PrOvIslCm for Feder- ally Assisted Construction Contracts" (EPA toren 5720-4) In effect at the lime of exectl- dol of this agreement. la. EQUAL EMPLOYMENT OPPORTUNELY In accordmee with EPA policy as ex. pressed In 40 CFR 30.420-5, the engineer agrees that he will not discriminate against tiny employee or applicant for employment because of race, religion, color, sex, age, or national origin. 14. UTILIZATION Or SMALL AND MINORITY BUSINESS In accordance with EPA Policy as cx- plcsecl In 40 CFR 35.936-7, the engineer a6Tee; that qualified small business and ml- morlty business enterprises shall have the maximum practicable opportunity to par. ticipate In the performance of EPA grant. assisted contracts and subcontracts. 15. COVENANT AGAINST CONTINGENT FEES The engineer warrants that no person or .selling agency has been employed or re- tained to solicit or secure this contract upon an agreement or undersLmding for a com- mission, percentage, brokerage, or contin. 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 discre- tion to deduct from the contract price or considerRLion, or olherwLse recover, the full amount of such commission, percelnag C, brokerage, or contingent fee. 16. GRATUITIES (a) If It Is found, niter nonce and hearing. by the owner that the engineer. or any of REGISTER, VOL 43, NO. 188—WEDNESDAY, SEPTEMBER 27, 1978 the engineer's agents or representatives, of• fered or gave gratuities (In the form of err tertainmenl. Rifts. or otherwise). 10 any offl. cial, employee. or agent of the owner, of the Stale, or of EPA In nn attempt to secure A contract or favorable treatment In award Ing• amending, or making Any delcrmina- tlons related to the performance of this agreement, tine owner may, by written notice to the engineer. terminate the right of the engineer to proceed under this agree- ment. The owner may also pursue other rights and remedies that the law or this agreement, provides. However, the existence of the facts upon which the owner bases such findings shall be In Issue And may be reviewed in proct•edings under the remedies Clause of this agreement. (b) In the event this agreement Is tcrmi- rated ac provided In paragraph (A) hereof, the owner shall be entitled: (l) To pursue the same remedies against the engineer As It could pursue In the event of a breach of the contract by Ute engineer, and (D As a penal- ly, in addition to tiny other damages to which It may be entitled by law• to exempla- ry damages in An amount (aa determined by the owner) which shall be not less than 3 nor more than 10 limes the costs the engi- neer Inevrs In providing any such gratuities to any such officer or employee. i n. rerpN-rs If this agreement involves research. devel- opmenlal, experimental• or demonstration work and any discovery or Invention arises or Is developed In the course of or under this Agreement. 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 date of execution of this agreement, including appendix B of part 30. ht such case, the engineer shall report the discovery or Invention to EPA directly or through the owner, and shall otherwise comply with the owner's responsibilities in Accordance with subpart D of 40 CFR part 30. The engineer agrees 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 patent pro. vislons to achieve the purpose of this condi- tion in NI subcontracts Involving research, developmental, experimental, or demonstra- tion work. I a. COPYmi,tr1 AND RICIITS IN DATA (a) The engineer agrees that any plans, drawings, designs, specifications, computer programs (which are substantially paid for with EPA grant funds)• technical reports. operating manuals. mid other work submit. ted with A step 1 facilities plan or wlLh A step 3 or step 3 grant Application or which see specified to be delivered under this agreement or which are developed or pro- duced and paid for under this agreement (referred to in this clause ns "Subject Data") are subject to the rlchts In the United States, as set forth In subpart D of 40 CFR part 30 and In appendix C to 40 CFR part 30. In effect on the date 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, tied to have others do so. For purposes of this clnuse. "grantee" as used In appendix C refers to the engineer. If the material is co- pyrightable, the engineer may copyright It. as appendix C permits, subject to the rights In the Government In appendix C. but the owner and the Federal Government reserve a royalty free, nonexclusive, And Irrevocable license to reproduce, publish, and use such materials. In chole or In part, And to Autho- rv.c others to do so. The engineer shall In- clude appropriate provisions to achieve the purpose of this condition In all subcontracts expected to produce copyrightable subject data. (b) All such subject data furnished by the engineer pursuant to this Agreement arc in- struments of his services In respect of the project. It Is understood that (lie engineer does not represent such subject data W be suitable for reuse on any ol)icr project or for any other purpose. If the owner reuses the subject data without the engineer's spe- cific written verification or ndaplallon, such reuse sill be at the risk of the owner, with. out liability to the engineer. Any such ver- ification or adaptation will entitle the engi- neer to further compensation At rales agreed upon by the owner and the engineer. FEDERAL REGISTER, VOL 43, NO. 188—WEDNESDAY, SEPTEMBER 37, 1978 .COST OR PKICE'SUMIAA'RY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Fonn Approvrrf (See accompanying instructions before compfrrting this form) Oddi NO, 153-7; 11i•:! PART 1-G°NERAL _ 7. GRANTEE 2. GRANT NUI4DER CITY OF IOWA CITY, IOWA C190830 01 3, NAME OF CONTRACTOR OR SUBCONTRACTOR A. DATE OF PROPOSAL VEENSTRA & KIMM, Engineers & Planners June 6, 1979 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Irrcludo ZIP code) G. TYPE OF SERVICE TO BE FURNISHED 300 West Bank Building Addendum to Facility Plan 1601 22nd Street West Des Moines, Iowa 50265 PART II-COST SUMMARY 7. DIRECT LABOR (Specliy labor calegorloo) ESTI- MATEDRATE HOURLY ESTIMATED COST I) (ALS HOURS See Attachment I $ $j�g,r:i �? Y IrT' �F,a;ll( DIRECT LABOR TOTAL (t`•IFkKG xryyi�3S5. e. INDIRECT COSTS (Spoclly Ind/rect coat Poole) RATE • BASE - ESTIMATED COST Ij' $✓i, fi' I 'Y >=, �$y2<.%r° Total Overhead Pool 1.25 s 8-19-79- $ 224 INDIRECT COSTS TOTAL ., (,0.+0'r 5 11,2�24 9. OTHER DIRECT COSTS M> n. TRAVEL ESTIMATED lam"%fir}�rp"• COST �('Y•�Fa T4ft ,'�k-J�i;' zu '3's'x)� rasSr'-"�ii b NI t r i it t'$ F (1) TRANSPORTATION '' (� "I-✓✓IS 11• $ 200 (Z) PER DIEM TRAVEL SUBTOTAL ZOO yi 1 Y, ESTIMATED b. EQUIPMENT. MATERIALS, SUPPLIES (Spoclly cvf egorle e) Printing$ QTY COST p 800Ina COST I x i�yy,,�•• .c t,:yi�t Distance Telephone ZOO t!R,:I:St�.�i•3Ks J � fJ 75'll5i,; P: EQUIPMENT SUBTOTAL: 90 ESTIMATED ?'•�"S1; ,11..,"N- e. SUBCONTRACTS COST .)t ��; lyopr.l5°Cg4.i SUBCONTRACTSSUBTOTAL-'� d. OTHER (Spot/(y eeregorle e) ESTIMATED COST IgqI44\y(xy'f+� t�}llif $p 1, ISS +Ui,y cT� 'r tYr OTHER SUBTOTAL e.1 OTHER DIRECT COSTS TOTAL .y § i '• SI ",• ` .`�r,� �21 $ 1>1�n0 _ IB. TOTAL ESTIMATED COST 3Y� 11•xxmm Fixed Fee is 3 195 12. TOTAL PRICE �•Ar.F 1 OF 5 EPA Form 5700-41 (2-76) 'CA , nf t fl r, r �'-?(Il af F. PA Form 5700-61 (7-76) PART III-PP.ICF SUMMARY COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PFI(-PO:.'.L IJ (Indicnrn tin -is for Prlca conIPn/IP00 PRICE(S) I MI^F '✓' � -nf 1( r < v�li 4 0 3 N ra fr I' -. .., j � ,.,. :?'L r �1•,f��ct v..t11 9'L"' r'.T' :!`.yl'Y� i4 hTwli g _ _.,. PART IV -CERTIFICATIONS IA, CONTRACTOR VEENSTRA & KIMM, Engineers R Planners --- Un. HAS A FEDERAL AGENCY OR A FEDEPALLY CLR"rIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF Y1311 ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTIIJA In YC. Q NO (11 ,ynn" gl ve nama nddre ea and telephone number of rovlaWing a/llco) I, EPA Region VII Audit Division Kansas City, Missouri (816-374-5342) lob .T 1115 SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES i 1111 41 CFR 1-15.4 This proposal is submitted for Lne in connection with and in response to (1)_ a request from the City of Iowa City, Iowa ___ _. This is to certify to the best of my k ol'AL:Igo m,d be'.iaf ioat the cost aad pn: iut; dcta summarized herein are complete, current, and accurate as of C jl (=r,I June 6, 1979 -- and that a financird management capability exists to fully and a:.c -CraR5 'that :etel}r accQn n: (Qr the f1RDIl C1 El a Ct10ps under this project. I further certify that I Lind th3 EEr subagrcenxaal price may be subject to downward renege '• do •rnd/er reconpment w e the at ve cost Hnd pricing, data have been determined, as a result of at not t n 06M e, current ii :.cc^,ate as of the date above: Cj{ (3) June 6, 1979 DATE OF EXECUTION / - �Kimm SIGNATURE O PRa-pos6 - \_ Partner TIT --. -"__---- I<-. GRANTEC H-VtEWFF, I certify that I have reviewed the cost/p:ice summary set forth a in an the pro P161 sts rice pcar ac'eptable to 11116'leIJlJ award. f IJ' DATE OF EXECUTION 5 NATURE REVIEv;ER Neal GG. Berlin, Authorized Representative TITLE OF REVIEWER 16. E_PA REVIEWER (11 cpPllcable) DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF RCVIEv ER F. PA Form 5700-61 (7-76) ATTACHMENT I TO EPA FORM 5700-41 (2-76) ADDENDUM TO FACILITY PLAN 7. DIRECT LABOR (specify labor categories) Management Supervision Project Engineer Systems Engineer Planner/Engineer Draftsman Secretary Office Technician I Clerk Estimated Hourly Estimated Hours Rate Cost 58 $22.00 $1,276 150 15.00 2,250 10 15.00 150 298 13.00 3,874 50 10.00 500 50 8.50 425 48 8.00 384 20 6.00 120 -M- DIRECT LABOR TOTAL T8-,-97-9 AMENDMENT T^ SCOPE TO INCLUDE ADDENDUM TO F°"r'-ITY PLAN OMR APyrwal No. 29-00218 EPA Form 5700-32 (For. 6-76) PAGE I OF 16 STANDARD FORM 424 PAGE 1 (10-76) Prell"gol by CSA, Frd.rol M -u morl CJrad<r ,y -T )r FEDERAL ASSISTANCE S. APPLI• I. NUMBER ]. STAT[ ,• NUMBER GANT•s APPLI C190830 O1 APPI " TION IDENTI- 750987 1. TYPE PRFAPPLILATION p. DAZE b. BhiE Tear -ontA day ACTION APPLICATION CATION y 19 y4[31°O°e d°p /bal FIER ASSICN[D 19 75 3 26 IAfa.4 aP- ❑ NOTIFICATION OF INTENT (Opt) L",-", ❑ REPORT OF FEDERAL ACTION k �. LEGAL APPLICANT/RECIPIENT S. FEDCRAL EMPLOYER IDENTIFICATION NO. City of Iowa City 42-6004805 .. Appllunt Il b. Dgmlbliv. Unit P St'..UT.O. BOA Civic Center - 410 East Washington PRO. ,. NUMSER 16161. 11151 °' TITLE d' CI" Iowa City I. �°^" ° Johnson (From Construction Grants f( I. Stat. Iowa E- ZIP Code: 52240 Fd<ral G. Berlin (319-354-1800) Treatment Works C t<I<PApn, Na.) .Neal a 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT R. TYPE OF APPLICANT/RECIPIENT F A -Stn< Adlon hinq B-Inl<n4b I- Felt" g - - Ed -"..nal ln<ntua. C -Supine 1 -Indira Tilt. Diatnct K-0I1hnr (Sp.dfy)r B Coutity <❑p,C Addendum to Facility Plan Y -Cit' E_CIry F -Scowl Ohtrid 0 •� G-Smc'ft Purpvu District Ent,, ayyropriab letter yI[ 9. TYPE OF ASSISTANCE A-Oui, Clint D -Imuran'. e 113upplem.nitl GMnt E-OIMr Enter appr°- E D -Loan yriale talc'(.) EM Y( 10. AREA OF PROJECT IMPACT (Namr. of eitFu, countin, ]1. ESTIMATED NUM. 12. TYPE OF APPLICATION Scot... na) DER PERSONS A -New D-Rnidva E-Au1m<nlMiw City of Iowa City, Iowa FI BENEFITING 48.925 B-Rmawal D-fnnlinualivn Ent<raypreprablett<.UD 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (Far 11, or 11.) A-Imr... Opllm !-0Iper (Sy<ci/y7: C-ln1r1,. Dollen FO.C". Dmptlan .. FEDERAL f 18,37 .BB a. APP)1 b' PN b. APPLICANT $ .00 rr rst r rst Oumivn O-D.aen. E Canc.11alla c. STATE -co 16. PROJECT START 17. PROJECT DATE Ywr month day ,.p U{tITfN Enter cynro- [:= d. LOCAL .DO 19 ; 1/ L lfontA< yncly letter(.) .. OTHER .DO 10. ESTIMATED DATE TO Ywr month day 19. EKISTING FEDERAL IDENTIFICATION NUMBER BE D TO 79 6 13 C190830 01 1. TOTAL 1 24 498.D0 FEDERALIAGENCY► 19 20. FEDERAL AGENCY TO RECEIVE REQUEST (Nom., City. Side.. ZIP ovd.) 21. REMARKS ADDED EPA Region VII 324 E.11th St., Kansas City, MO 64106 ❑ Ye, [� No 22. ,. 1. N. mol ,1 by Inoulad P. and Will. l.' A-95 Ihia .pd' div. n. upmltt.d. DunYant 1. In- No rr puyerm. b. II r.9ulnd by OMB Circu• o d.la In Ni< D,uDDliutlwpDDliedion . aW,Vpna Nm in, b apDbpud. dud' .n .ltd all manna u. MMcbd: .Po.., eti.hrd THE Um wd artwt, In. d,cum.nt hM b.w APPLICANT duly aul'odaW by End jo,.min, body of ❑ ❑ uCERTIFIES b. appllunl ..it In. attlla.l al amply 11 Il. (1) ❑ ❑ THAT► itith Ih. aOrtAd aa.ranm euht- (27 z V 1 in.h aHirmw. (]) ❑ ❑ rs 2]. I. TYPED HiJAE AND TIME B. NATU UE ED c DAEE 51 ED CERTIFYING Neal Berlin montA day 1+ REPRE- 19 a SENTATIVE Cit Manager _ 2A- AGENCY NAME 25. APPLI- A- Ywr --h day TION RECEIVED 19 26. ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 28. FEDERAL APPLICATION a IDENTIFICATION 0 ADDRESS 3D. FEDERAL GRANT IDENTIFICATION 7'.ar month day 3/. N TAKEN 32. FUNDING yM- contA day STARTING a. FEDERAL f AD 'dDED 33. ACTION DATE► 19 DATE 19 TED b. APPLIV.NT .00 35. CONTACT FOR ADDITIONAL INFORAIA- TION (Nam. and blephone nurnb.r) 36. yeor .,.o.tA day ,. STATE •)D RNED FOR F3L ENDING DATE 19 d. LOCAL .00 37. REMARKS ADDED DMENT RRED a. OTHER .00DRAWS �Y. ❑Na L TRIAL f .00 a. In Wing abpae ¢tlon, wT <ommon4 r..Fmd 1nm dnd'thoune nue ,on. b. FEDERAL AGENCY A-95 OFFICIAL <id.,d. II .,<ltg Imp°nn 1, due uld.T DIorliom DI Pi 1, OMB Clrculu A-95, (Nom. aM ld.yhone no.) FEDERAL AGENCY It !Iu built ot H Mint road.. "5 ACTION EPA Form 5700-32 (For. 6-76) PAGE I OF 16 STANDARD FORM 424 PAGE 1 (10-76) Prell"gol by CSA, Frd.rol M -u morl CJrad<r ,y -T )r Form Approved OMB No. 1 S8 -R 0134 PART III — BUDGET INFORMATION — CONSTRUCTION SECTION A — GENERAL 1. Federal Domestic Assistance Catalog No ..................... 66.015 2. Functional or Other Breakout ............................ SECTION B — CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment t or (—) 1. Administration expense $ $ S 2. Preliminary expense 333,925 24,498 358,423 3. Land structures, rig ht -a I-way 4. Architectural engineering basic lees 5. Other architectural engineering fees 6. Project inspection fees 7. Land development S. Relocation Expanses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal it. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines I through 131 333,925 24,498 358,423 15. Estimated Income (if applicable) 16. Net Project Amount fLine 14 minus 15) 333,925 24,498 358,423 17. Less: Ineligible Exclusions 18. Add: Contingencies ' 19, Total Project Amt. (Excluding Rehabilitation Grants) 333.925 24,498 358,423 20. Federal Share requested of Line 19 250,450 18,374 268,824 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (Lmv20as1) 250,450 18,374 268,824 23. Grantee share 66,750 4,899 71,649 24. Other shares 16,725 1,225 17,950 25. Total project fLincc22,23&24) s 333,925 $ 24,498 s 358,423 E PA Fo,. 5700.32 (Rev. 6-76) PAGE a OF 16 c'- Form dpprovrd OMB No. 158-H 0134 NARRATIVE SECTION C — EXCLUSIONS CIsDIflcatlon Ineligible for Participation I') Excluded from Contingency Provision I2I e. $ $ b. C. d. a. I. 9. Totals $ S SECTION D — PROPOSED METHOD OF FINANCING NONFEDERAL SHARE 27. Grantee Share S 4,899 a. Securities b. Mortgages c. Appropriations (By Applicant) 4,8Y9 d. Bonds a. Tax Levies 1. Non Cash 9. Other (Explain) h. TOTAL — Grantee share 4,899 28. Other Shares - a. State 1,225 b. Omer c. Total Other Shares 29. TOTAL S 6,124 SECTION E — REMARKS Scope of additional work under Addendum to Facility Plan is described in Fifth Amendment to Agreement. _ __ ....__� r__ r_.. �...-r:....e, PAGE 1D OF IG EPA F«m 5700-32 (R.,. 6-76) PART IV PROGRAM NARRATIVE (AifYc, ce .G A RESOLUTION NO. 79-253 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF SERVICE BUILDING MODULAR ROOF PROJECT PHASE II WHEREAS, D. C. Taylor Company Of Cedar Rapids, 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 0 ( Taylor Company Of Cedar Rapids. 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 Balmer and seconded by Neuhauser that the Resolution as read be adapted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x - NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 12th day of ATTEST: ZIL &�L ) CITY CLERK June , 19 79 MAYOR Received & Approved 4Y, Te Le al Department V - _S RESOLUTION NO. 79-254 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ' That the bid of Cedar Hills Construction of Oxford, ' Iowa in the amount o 28,794,58 T - -or the construction of the Part A of BDI Second Addition Special Assessment within Iowa City, Iowa, described in the plans and spec fica- tions heretofore adopted by this Council on , 19 , be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and Clerk are hereby directed to execute a contract with the said Cedar Hi I Is Construction of Oxford, Iowa for the construction of said improvements, saicT con- tract not to be binding on the Municipality until approved by this Council. PASSED AND APPROVED, this 12th day of June , 1979 Mayor ATTEST: jP I _4�d-'e-) City 2A-lerk Moved by Perret, seconded by Neuhauser, that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Received b Approved By The Legal Department S' 3 d RESOLUTION NO. 79-255 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid ofof I ow i t I ov in t e amount o 41 .718yep .00 , or the construction of the part B of BDI Second Addition Special Assessmm within Iowa City, Iowa, described in the plans and specifica- tions heretofore adopted by this Council on , 19 , be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and Clerk are hereby directed to execute a contract with the said Metro Pavers of Iowa Cites Iowa for the construction o said improvements, said con- tract not to be binding on the Municipality until approved by this Council. PASSED AND APPROVED, this 12th day of ATTEST: OL -'C�z City Clerk June , 1979 Moved by Perret, seconded by Neuhauser, that the Resolution be adopted ani upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Received ' By The Le( � -1.c> RESOLUTION NO. 79-256 RESOLUTION MAKING AWARD OF CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ' That the bid of Parkview Com an of Iowa City. Iowa in the amount o 196.265.00 , or the construction of the Pa t C of BDI Se and Addition S eclat Assessment within Iowa City, Iowa, described in the plans and specs ica- tions heretofore adopted by this Council on , 19 , be and is hereby accepted, the same being the owest bid received for said work. The Mayor and Clerk are hereby directed to execute a contract with the said Parkview Company of Iowa�Citt Iowa for the construction osaid improvements, said con- tract not to be binding on the Municipality until approved by this Council. PASSED AND APPROVED, this 12th day of June , 19 79 . Mayor ATTEST: City Clerk Moved by Perret, seconded by Neuhauser, that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Received a Approved Byy The Leg�i pepa-11 rtment g3.2 ESOLUTION NO. 79-257 A� - RESOLUTION AUTHORIZING FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN THE AMOUNT OF $1,333,945 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, 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; and, WHEREAS, the City of Iowa City, Iowa, has prepared an application for federal assistance with a Community Development Block Grant in the amount of $1,333,945; and, WHEREAS, the City Council 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 he is hereby directed to file with the United States Department of Housing and Urban Development an application for federal assistance under the Housing and Community Development Act of 1974; 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 7068 (6-78); 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 Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse X Erdahl X Neuhauser x Perret X Roberts x Vevera Passed and approved this 12th day of June 1979• Mayor ATTEST: City CleXk RECEIVED b APTF.OVFD BY M LEGAL DERtR i hM / / �t 00i — N2¢. IUle2 1'lti� o�ae.✓ Cow..p �e I e a p I 1 c a�i efti._ r OMD Apprw.i No 424-101 STANDARD FORM 424 PAGE 1 (10-7S) Prucribed by GSA, P.dmd Afc ta,, mont Circular F4-7 FEDERAL ASSISTANCE 2. APPLI• a• NUMBER 1. STATE a. NUMBER CANre B -79 -HN -]9-000 APPLICA- APPLI• TION IDENTI• 1• TYPE ❑ PRUPPLICA710H b. DATE b. DATE Y. , ...Ih d.y ACTION APPLICATION CATION {a. d. 191/9 ^3th 3�' U FIER ASSIGNED Jy (AlorPrA�.: ❑ NOTIFICATION OF INTENT (OpL) L... ��I ❑ REPORT OF FEDERAL ACTION Bu" 4. LEGAL APPLICANT/RECIPIENT L EMPLOYER IDENTIFICATION NO. .. Applicant Nem. : City of Iowa City 42-600-4805 1. Ogmhdlon Unit a. slr..vP.D. Bea 410 E•. Washin ton Street FGRAM NUMBER 1 4 • 2 ] 8d. b. TITLE clb S, Co.aI7 1 Iowa City Johnson I, sMI' Iowa R. :IP Cod.' Community Development 52240h. Ca.Md P'ra.n (N... Block Grant/Entitlemen h Erl.ph .•. N..) Neal Berlin 9) 354-1800Grants Hold liarmles 51 a 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT S. TYPE OF APPLICANT/RECIPIENT rc A-SI.I. H-Communlly &Ilan Al.ncy uu Fifth Year Community Development B-Inbnitl. I- Hlchn Eduullond Imtllullon FDldrn K led!..(sy j/y)t Block Grant Program F-�•n0 ty F- Schaal Dl.bld G -Siad Purp.e Dn41d Enter .DProyriab filter 9. TYPE OF ASSISTANCE A-B.dc Grant D-Imyrance oa B-SupDbman4i Grant C-0lhn Entrr aDD,a- F C4o.n y ab latb,61 V 10. AREA OF PROJECT IMPACT INnm.a TJ`Bilin, cauntLa, 11. ESTIMATED NUM- 12. TYPE OF APPLICATION St.W. .1..) BER OF PERSONS A_Hy C-Rnl.I. C-Aulm.nlalion Iowa City BENEFITING 47,744 B-R.nanal D-C.nllnuetion Eric, .PPc.P i -I- 1.11., KI • 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 1S. TYPE OF CHANGE (For Joe a Jy') A-In...au DolUn F -Other (Syeai/YIr B-0evuu Dollm .. FEDERAL 1 671,000 .DO .. APPLICANT Y. PROJECT D. APPLICANT .W Iowa -1st district Cit 0.l ncun' D.,.tion D-0.cn... Duulloo c. STATE .00 16 PROJECT START 17. PROJECT E-C'nc'lidlaa DATE Y..,-. I% day DURATION Eel., p".. d. LOCAL .00 1979 7 1 12 AE m. P.:at. Ltl.r(.J = '. OTHER 662,945 .DO Jd ESTIMATED DATE TO Y..r ....th day 19. EXISTING FEDERAL IDENTIFICATION NUMBER BE SUBMITTED TO I. TOTAL 1 1,333,945,00 FEDERAL AGENCY )w 19 79 3 30 20. FEDERAL AGENCY TO RECEIVE REQUEST (N..u.GVty,SIW,lJP..4.) 21. REMARKS ADDED De artment of Housin2 and Urban Development. m p Y.. IN No R 22. a. To td bet .1 " k .ldn 'ad 6'11'1, b. 11 r.q.lM by DMB Clmd.r AAS MI..pplluuon ..0 .ubmin.d, punuwl to In. N. rf Rr,po.r I. Ibh .truniw N.nin, In durinc Cdal. THE Ir.ppllullon/.IPilutlon an .ppraprulo onn and all myon, .n .Hach/: 'Pon'. aNacAd w. arae .,r..,, the d...1 r. b.n State of Iowa Office of Planning APPLICANT CERTIFIES d.1, euhoAad by the n..ralac b.4 at n4 awlluM and tha applicant fill mcply n) and Programming ❑ ❑ THAT I-- dD the "I"d .nuranc. If the -ht- ED Bast Central Iowa Council of Governments ❑❑ ❑❑ ca b .",,red. a. TYPED NAYS AND TITLE b. SIC RE c. DATE SIGNED F� CE CERTIFYING y REPRE- SS N,1TAn vE sErJ, -(jjl� Neal G. Berlin Cit ManaPer 1979 4 6 24. AGENCY NAME 25. APPLICA. 1'.o r.o.th d.y TION RECEIVED 19 ILL ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 2& FEDERAL APPLICATION g IDENTIFICATION 29. ADDRESS 30. FEDERAL GRANT F IDENTIFICATION 11. ACTION TAKEN u FUNDING Ywr month day y{. ye.y maaJA do, a. FEDERAL i .DO C) .. AWARDED 31. ACTION DATE). 19 STARTING DATE 19 b. APPLICANT ,DO SS CONTACT FOR ADDITIONAL INFORMA• 16 Y.., .o.tA dap C] ItREJECTED TION (N.n. o.•d t.I,DAo... number) ENDING 1 c RETURNED FOR c STATE .00 DATE 19 4. LOCAL .DO 17. RE:'ARKS ADDED AMENDMENT . OTHER .00 ❑ d. DETERRED I. TOTAL 1 .00 0 & WITHDRAWN I] Y., ONO 10„ e. In ItUrS .bare 'dl." •TIT ca.am.nh wdead Imm dudneh.mn ..n ma. b. FEDERAL AGENCY A-95 OFFICIAL dd.nd. 11 .nnp mpom. I. du. oder pmd.len. of Part 1, 011e Circular A-95, (Nam. and LdcDhon. uJ FEDERAL AGENCY II4e bran. h b.lea mad.. A-95 ACTION 424-101 STANDARD FORM 424 PAGE 1 (10-7S) Prucribed by GSA, P.dmd Afc ta,, mont Circular F4-7 �I RESOLUTION NO. 79-258 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a ClassC Liquor Control License application is hereby approvFor the following named person or persons at the following described location: David L. Alberhasky dba Foxhead Tavern, 402 East Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Balmer and seconded by Neuhauser IT as read–Fe--adopted,�and upon—r-611—ca AYES: NAYS: x deProsse x Erdahl Neuhauser Perret Roberts Vevera Passed and approved this x x x 19th day of Mayor Attest: City Clerk ABSENT: x x June 19 79 . 17W RESOLUTION NO. 79-259 N RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLirl= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approverTor the following named person or persona at the following described location: Keith W. Dempster dba The Mill, 120 E. Burlington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roti caTT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl _g_ Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19th day of June , 19 79 Mayor Attest:z/ City Clerk l �� RESOLUTION NO. 79-260 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Keith W. Dempster dba The Mill Restaurant, 120 E. Burlington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. it was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th_ day of liina 19 79 v' /7-r��'G t�/L/ r-f� •rte % r � Attest: City Clerk Mayor '�rg�6 RESOLUTION NO. 79-261 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTC= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -Tor the following named person or persons at the following described location: Sycamore Eating and Drinking Co., Inc., Mall Shopping Center Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll calT there were: AYES: NAYS: ABSENT: Balmer x deProsse x _ Erdahl x Neuhauser x Perret x Roberts x Vevera _x Passed and approved this 19th day of June , 19 79 Mayor Attest: I\ City Clerk P37 RESOLUTION NO. 79-262 // RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLILiCi78A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class Liquor Control License application is hereby approved for the following named person or persons at the following described location: Roy L. Chopek Post #17, American Legion, 3016 American Legion Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read Be adopted, and upon—r-o-11—c—all there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19th day of June 19 79 Mayor Y 2 / 7 Attest: =c.G City Clerk Ay 91 n (i GCZ RESOLUTION NO. 79-263 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Walgreen Co. dba Walgreens, 1646 Sycamore Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by -'p ai,i,�ar that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19th day of June 19 79 Attest: ti ��, L' City Clerk Mayor 9 X39 J RESOLUTION NO. 79-264 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Walgreen Co. dba Walgreens, 1646 Sycamore Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved byBalmer and seconded by NPIIhaw;Pr that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: x x x x x Passed and approved this 19 79 Attest: City Clerk ABSENT: x x 19th day of June Mayor If YO 1j RESOLUTION NO. 79-265 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: McRo, Inc. dba 14hiteway Supermarket, 212 South Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: , AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19th day of June , 1979 Attest: City Clerk l Mayor 9 RESOLUTION NO. 79-266 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 Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret X Roberts x Vevera x Passed and approved this 19th day of June 19 79 Mayor Attest: �7✓ �� �.i i City Clerk gum N CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 (Continued) 80-51 - Discount Dan's Shell, 933 South Clinton (Voss Petroleum Co., Inc.) 80-52 - Iowa Memorial Union (University of Iowa) 80-53 - Finkbine Golf Course (University of Iowa) 80-54 - The Vine Tavern, 529 S. Gilbert (Jay E. Rarick and Terry G. O'Brien) 80-55 - Foxhead Tavern, 402 E. Market St. (David L. Alberhasky) 80-56 - Whiteway Super Market, 212 S. Clinton St. (McRo, Inc.) 80-57 - The Annex, Inc., 819 - 1st Ave. (The Annex, Inc.) 80-58 - Randall Mini Priced Foods, 1851 Lower Muscatine Road (Randall Stores, Inc.) 9 80-59 - John's Grocery, Inc., 401 E. Market St. 80-60 - Hilltop Tavern, 1100 North Dodge St. (Edna Eldeen) 80-61 - Drug Fair #9, 121 E. Washington St. (Drug Fair, Inc.) 80-62 - Imperial Refineries Corporation, 1854 South Riverside Dr. (Imperial Refineries Corp 80-63 - Dividend Bonded Gas, 302 South Dubuque Street, (George Ferdic) e?y3 /`1" RESOLUTION NO. 79-267 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET PROJECT, AND 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 I7th day of July , 1979 , at 7730 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 Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: x x x x NAYS: ABSENT: Balmer deProsse x Erdahl Neuhauser x Perret Roberts Vevera Passed and approved this 19th day of June , 19 79 Mayor ATTEST: � Received $ City Clerk Approved By,The Legal Deparhpent 6 .t 7` t - -lam RESOLUTION NO. 79-268 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRUCK WASH BUILDING AT THE IOWA CITY SERVICE CENTER, 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 3rd day of July , 19 79 , 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 Balmer and seconded by that the Resolution as read be adopted, and upon roll call AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th day of June Neuhauser there were: / Mayor 19 79 9 ATTEST: _ �t /' i, , /' /< - Received 8 Approved ly- City Clerk Ry 7hs Legal peaartriment RESOLUTION NO. 79-269 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CENTRAL BUSINESS DISTRII STREETSCAPE IMPROVEMENT PROJECT, PHASE II -A, UN CAPITOL STREET 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 plane, 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 the above-named project shall be in the amount of $40,000 Treasurer, City of Iowa City, Iowa. construction of payable to 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide 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 2:00 P.M on the 12th day of July 19 79. Thereafter, the bide will be opened by the City Engineer Gene Dietz , 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 17th day of July , 1979 8Y� Received & Approved By, The IeiIS- a artment J Page 2 Resolution No. 79-259 It was moved by deProsse and seconded by Perret that the Resolution as reaT-E-e-a-d—op—t-ecT, and upon roll call t are were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th day of June , 1979. MAYOR ATTEST,/ Ky7 Received & Approved 8 The Legal Dhpartment N7 (:� 1' `7T . -71' t RESOLUTION NO. 79-270 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1980 BEGINNING JULY 1, 1979. 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 the following positions shall receive as salary 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 salaries are hereby established for the following persons effective July 1, 1979: City Attorney - $41.50 hourly for all legal work, except litigation $46.50 hourly for litigation City Clerk - $20,000 annually City Manager - $38,985 annually It was moved by deProsse and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were; AYES: NAYS: ABSENT: x Balmer x deProsse _ x Erdahl X Neuhauser X Perret X Roberts x Vevera Passed and approved this 19th day of June 1979. MAYOR ATTEST: CITY C ERK ABfZ:rffi • /3FR07SD BY THY L,;;AI. DraRTI ENT i RESOLUi'ION NO. 79-271 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS FOR THE USE OF $50,000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DAY CARE SERVICES TO ADULTS CONSTRAINED BY DEVELOPMENTAL DISABILITIES (PRIMARILY MENTAL RETARDATION) WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, public law 93-383; and, WHEREAS, Congress has designated handicapped individuals as a target population to be assisted with these federal funds; and, WHEREAS, the City wishes to engage the Association to improve their program for handicapped residents in the City of Iowa City with such funds; and, WHEREAS, an agreement to provide a day care program for the developmentally disabled has been negotiated between the City of Iowa City and the Johnson County Association for Retarded Citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to sign, and the City Clerk to attest, the Agreement which has been negotiated between the City of Iowa City and the Johnson County Association for Retarded Citizens. It was moved by Neuhauser and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th day of June 1979. ATTEST:_�� City Clerk c Mayor RECEITM i 1F7ROT= BY ti Tom, I'1RrJdM Qy� N CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DAY CARE SERVICES TO ADULTS CONSTRAINED BY DEVELOPMENTAL DISABILITIES (PRIMARILY MENTAL RETARDATION) This agreement, entered into this day of , 1979 by and between the City of Iowa City (herein referred to as the "City") and the Johnson County Association for Retarded Citizens (herein referred to as the "Association"); Whereas, the City has applied for and received funds from the United States government under Title I of the Housing and Community Development Act of 1974, public law 93-383; and Whereas Congress has designated handicapped individuals as a target population td be assisted with these federal funds; and Whereas, the City wishes to engage the Association to improve their program for handicapped residents in the City of Iowa City with such funds; Now, therefore, it is agreed between the parties hereto that: PART I: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I. SCOPE OF SERVICES A. Funding Year The objectives described below will be met through the utilization of fourth year CDBG funds, program income generated by the utilization of such funds, and funds from other undesignated sources of the contractor. B. Objectives 1. Purpose The purpose of this program is to provide day care services to developmentally disabled adults in order to preclude institutionalization. The overall objectives of the program are: a. To provide the developmentally disabled with a socially acceptable (normalized) pattern for daily living. b. To help the developmentally disabled make the transition from childhood into adult living through training in the adult living skills and appropriate grooming, homemaking, traveling, work habits and skills, leisure time pursuits, 0 2 and functional skills to help each client function at the highest level possible. C. To help parents by working closely with them to accept and develop the role of the severely retarded adult in the family. d. To prepare the developmentally disabled to have potential and the necessary skills for more advanced programs such as•sheltered work shops or vocational training centers. 2. Beneficiaries The beneficiaries of this program are developmentally disabled, primarily mentally retarded, adults, ages 18 to 65. Clients live in adult foster care facilities, the Johnson County Care Facility, nursing homes, and the homes of their parents. 3. Program Activities The Association will perform the services and activities described herein in a manner satisfactory to the City. a. The Association will provide day care for approximately 23 developmentally disabled adults for 20 to 21 days each month. b. The Association will provide five basic areas of activity and training as follows: training and self-help skills, socialization skills, practical education, physical development and work experience activities. C. The Association will insure review of the medical condition of clients each week by the Visiting Nurses Association. II. TIME OF PERFORMANCE The program services of the Association shall commence on the 15th day of June, 1979 and shall terminate on the 14th day of June 1984. III. COMPENSATION Compensation to be paid by the City in the amount of $50,000 fourth year CDBG funds, to be used as downpayment for purchase of the building at 1020 William Street, as a permanent location for the program. F-5—/ N 3 IV. TERMS AND CONDITIONS The full amount of $50,000 is payable to the City if the Nelson Center services to developmentally disabled adults are terminated for any reason prior to June 14, 1984. This contract is subject to and incorporates all the terms and conditions set forth in Part II and the City's application B -78 -HN -19-005, as approved by the Department of Housing and Urban Development. 9 PART II: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMPLIANCE WITH FEDERAL REGULATIONS The Association agrees to comply with all federal regulations as prescribed in the Federal Register March 1, 1978 Pt. -III, Department of Housing and Urban Development, CDBG's Eligible Activities, governing the grant of money under which this contract is made available. II. REPORTING PROCEDURES A. The Association will direct all communications concerning this contract to the Iowa City CDBG Program Coordinator's office. The Association shall submit quarterly reports to the City Coordinator's office by the 20th of April, July, October and January of each contract year. In addition an Annual Report shall be submitted by January 5 of each contract year. The Association shall provide such other reports as required by the City to comply with Department of HUD requirements. III. EVALUATION CRITERIA The Association's performance will be monitored and evaluated in accordance with the following documents submitted to the City prior to execution of this agreement: Detailed Project Plan Projected annual budget IV. METHOD OF PAYMENT The City will pay to the Association the sum of $50,000 under the terms of this contract contingent upon project approval and the Release of Funds by the Department of Housing and Urban Development. RETENTION OF RECORDS A. The Association shall retain financial records, supporting documents, statistical records and all other records pertinent to the expenditures under this agreement for a period of three years from the end of the program year contract. Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. Records for non - expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks shall be signed by (an) officer(s) or legally authorized agent(s) of the Contractor. All accounting records including supporting documents pertaining in whole or in part to the Contract shall be readily accessible. VI. EQUAL OPPORTUNITY NONDISCRIMINATION The Association agrees to comply with Chapter 601.A of the Iowa Code, State Civil Rights, as amended and Chapter 18, Human Rights, of the Code of Ordinances of the City of Iowa City as amended. The Association shall not commit any of the following employment practices: To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. VII. TERMINATION Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In that event, the Association shall pay $50,000 to the City. VIII. INTEREST OF MEMBERS DF CITY AND OTHERS No officer, member, or employee of the City, and no member of its governing body, and no other public official or governing body of the locality or localities in which the project is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. IX. ASSIGNABILITY The Association shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Association from the'City under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. INTEREST OF ASSOCIATION The Association covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Association further covenants that in the performance of this contract no person having such an interest shall be employed by the Association hereunder. XI. AUDITS AND INSPECTIONS At any time during the normal business hours, and as often as the City may deem necessary, there shall be made available to the City or to the federal government for examination, all of the Association's records with respect to all matters covered by this contract, and will permit the City and the federal government to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this contract. Any deficiencies noted in such audit reports must be fully cleared by the Association within 30 days after receipt by the Association. Failure of the Association to comply with the above audit requirements will constitute a violation of this agreement and result in withholding of future payments by the City. XII. ENVIRONMENTAL COMPLIANCE The Association agrees to comply with the National Environmental Policy Act of 1969, and the HUD Environmental Review Procedures (24 CFR, Part 58) insofar as they might apply to the performance of this contract. XIII. ARCHITECTURAL COMPLIANCE The Association agrees to comply with the requirements of the Architectural Barriers Act of 1968, 42 U.S.C. 4151, insofar as it applies to the performance of this contract. gj5 S VA XIV. COMPLIANCE WITH LOCAL LAWS The Association agrees to comply with all ordinances of the City of Iowa City, statutes of the State of Iowa and Federal Laws. XV. HOLD HARMLESS The Association shall indemnify and hold harmless the City of Iowa City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fee and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this agreement. IN WITNESS WHEREOF, the parties have executed this contract on this 19th day of June , 1979. CITY OF IOWA CITY Mayor Y / Attest: � City Clerk JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS By: Vice Pr dent JCARC secretary JCARC Approved as to Legality: Assi ant CYty Attorney RECEIVFv) b IYFROVED BY Ti): Li:(:dL DEPjRTYENT x,56 STATEMENT OF INTENTION NONDISCRIMINATION AND L OPPORTUNITY STATEMENT This Company does hereby certify to the City of Iowa City that it is an equal opportunity employer and sets forth as a minimum the equal opportunity employment standards of Title VII of the U.S. Civil Rights Act of 1964. These standards state that no person shall, in any way, be favored or discriminated against because of race, color, religion, sex or national origin. This Company agrees to comply with the City's Contract Compliance Program. When doing business with the City on a project funded in whole or in part by Federal money, it further agrees to comply with all Federal rules and regulations for contract compliance. This statement is submitted to comply with City's policy to advance equal opportunity principles in conducting the City's business. JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS COMPANY ECUTIV V FILER Vice President ADDRESS OF THE EQUAL EMPLOYMENT OPPORTUNITY OFFICER >lL PHONE NUMBER 11)1-6 .)('v F,-% EQUAL EMPLOYMENT OPPORTUNITY OFFICER ADDRESS OF THE EQUAL EMPLOYMENT OPPORTUNITY OFFICER >lL PHONE NUMBER 11)1-6 .)('v F,-% M EQUAL OPPORTUNITY CLAUSE 1. The Company states that it is an equal opportunity employer and shall not commit any of the following practices in any subcon- tracts. a. To refuse to hire or to discharge from employment any in- dividual because of their race, color, religion, sex or national origin. b. To discriminate against any individual in terms, conditions, privileges of employment or any other way discriminate because of race, color, religion, sex or national origin. 2. The Company agrees to comply with the contractual obligations for participants on Federal or Federally -assisted construction and/or non -construction projects as set forth in Executive Orders 11246 and 11375 and rules, and regulations issued pursuant thereto. a. The City agrees to provide the best information available on the Federal requirements for Federal or Federally - assisted projects. b. The City agrees to provide technical assistance to the Company to come into compliance with the Federal regulations. C. The Company agrees to provide the City with a copy of its Affirmative Action Program if the Federal regulations require such. 3. In accordance with the Affirmative Action Program of the City of Iowa City, the Company hereby agrees to file the "Statement of Intent: Nondiscrimination and Equal Opportunity Statement" attached hereto when submitting its bid. N ?,j_9 RESOLUPION NO. 79-272 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WFC, the City of Iowa City, Iowa, has negotiated ah agreement with Iowa Department of Transportation , a copy of said a�reemen�t being attac to s Resolution s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement which will transfer the ownership of lighting systems at the intersection of Interstate 80 and primary rd. #1. This agreement stipulates that the DOT be responsible for all maintenance costs which this system incurs. Further, that DOT will reimburse the City for any costs it has incurred since July 1, 1978. 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 Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Neuhauser and seconded by deProsse Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT:" X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X FERRET X ROBERTS X VEVERA . passed and approved this 19th day of June , 1979. Mayor ATTEST: City Clerk Received & Approved `e��Spat 7ci A G R E E M E N T City Iowa City County Johnson. Proj. No. I-80-7(36)251--01-52 Iowa D.O.T. Agreement No. 78-14-221 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, Johnson County, Iowa, (hereafter City) as follows: 1. The City hereby transfers ownership of the lighting system at the intersection of Interstate 80 and Primary Road No. 1 to the D.O.T. 2. The D.O.T. will reimburse the City the energy/ maintenance costs it has incurred for the lighting system at the intersection of Interstate 80 and Primary Road No. 1 subsequent to July 1, 1978, if any. In the event the City has not paid to the serving utility company costs incurred subsequent to July 1, 1978, the D.O.T. shall do so directly upon receipt of the utility company billing therefor. 3. The City will submit its billing for reimbursement under 2 above to the D.O.T. Resident Maintenance Engineer located at Iowa City, Iowa. The City will furnish any support of its billing as may be requested by the Resident Maintenance Engineer. 4. Future responsibility for energy and maintenance of the lighting system at the intersection of Interstate 80 and Primary Road No. 1 shall rest with the D.O.T. It is anticipated that current billing to the D.O.T. will commence with the utility company's January 1979 billing cycle. 5. This Agreement supercedes Agreement No. 76-14-088 entered into by and between the City and the D.O.T. May 9, 1978, and May 10, 1978, respectively. 6. 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. County Joh Project No. I-80-7(36)251--01-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 78-14-221 as of the date shown opposite it's signature below. City of Iowa Cit BY: Title: Mayor I,— Abbie Stolfus the Clerk of the CITY, and that June 20 , 1979 certify that I am Robert A. Vevera 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. 79-272 , duly passed and adopted by the CITY., on the 19th day of June 19 79 . Signed G n� City Clerk of Iowa ity , Iowa June 20 IOWA DEPARTMENT OF TRANSPORTATION 1979 BY:_��C Development Support Engineer l'' 19n Highway Division Date ATTEST: BY Lc.C. RIREIVED IZ SYA: 9 � �L LgFARTHENT A i RESOLUTION NO. 79-273 RESOLUTION ESTABLISHING A LANDFILL USE FEE AND A RESIDENTIAL SOLID WASTE COLLECTION FEE. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. The use fee for the Iowa City sanitary landfill shall be $5.10 per ton of solid waste. 2. The residential solid waste collection fee shall be $2.00 per month for each dwelling unit, and $1.00 per month for each roaming unit. 3. The fees established by this resolution shall became effective on July 1, 1979. It was moved by Neuhauser and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 19th d y of June 1979. Mayor R" . D & japEO:TD y 15 �WT �� x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th d y of June 1979. Mayor R" . D & japEO:TD y 15 �WT �� U /tom . -.-� RESOLUTION No. 79-274 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY WHEREAS, the City of Iowa City, Iowa, has negotiated a n agreement with Cedar Rapids & Iowa City Railway Company, a copy of said a�r_eemM6to being attachedto is Resolution s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement allowing sewer construction within Crandic right- of-way, for the Corridor Sewers project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CWNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Cedar Rapids & Iowa City Railway Company. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by deProsse and seconded by Npuhaiicpr the Resolution be adopted, androll call these were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 19th day of June , 1979. ATTEST: City Clerk I Received & ApprovLd ey the Legel Depar}' ent �. 963 BEST DOCUMEN s FILED N'01 _ AVAILABL' 1979 SEP —5 nil 10: 3 i / • G1(] : GREL•'14ENT ,t) A. G J RECORD JOHNSON CO.. 'lk� Thu CEDi',R RLPIDS • ND IOP.;, CITY R:.ILh"Y COMPfINY (heruin- ,.Ltur ,.Z_L1uu the "Reilwr•y Corrl_any") ,iereby Licenses the CITY OF IOW", CITY, ICINA (hcreinbtter calLe,. "City") to install, nzintain, an.. use storL, sewer L.ipe (hereinafter ( ulLe.. "F2.11ity") in the easer„ent uescri.ue., as toilov,s, am: suo,ect to the terms in the said easement, as well z:s to the term that follow in this ,locun.ent. Ease. ent Lor the installation, maintenznce, ata use of storry sewer, Locateu as toLlows: L.) In C-pitol Street, &ppro;,imately 330 teet north of the north richt-of-way line of Lasayette St. 2.) In Capitol Street, aolacent anu immedia-tely south of the south right-of-v.ay line of Lafayette St, 3.) In Capitol Street, appro>finetuLy L8J ieut south of the south right—cL-way Line of Benton Street ..) In Capitol Street, ;-,Fpro;'imately [00 Leet south of the south ri,ht-of-v:,y line o1 Benton Street In Iowa ;venue, �ppro>iu:.tely 11.0 feet vest of the west right-of-way line of Ma,uison Street G.) In Riversiue Drive, approxir.,a.tely <'c00 iect north of the northerly right-of-way line of Highway Jib. Should the Licensee at any ti:. e violate any of sai.: terji.s or c.onuitions, or use or attempt to use sr•id facility for any otlier or Afferent purpose than that Lbove specifie;l, then the Railwi y Co;nFany'r.ay, at its option, irriliediately revoke the License. For the privilec;es herein permittuc:, the City hzs raid to the Railway Conpzny a Zee of One Hunt,reCi Dollars ($100.00) for prepa.rz.tion of this instrument, receipt whereoi is hereby ac'know- 1 e�. r • c�i . The iorecoing License is sub,eet to the Lollov.inc conli- tions: First: The Railway Superintcnrnent will be provi(luJ prior to beginning work, with the nar..e, prione number, anti auc ress of the city's and contrector's representatives who ,.ilL be in chsrce of the sewer construction. -1- V. I. Second: The City will require its' contractor to use all reasonable care to avoid accident, damage or delay to the Railway's trains or other property as determined by the Railway's Superintendent or his representative. The Railway Superintendent or his representative will have jurisdiction over construction safety which may affect the safety of Railway's operation and his decision shall be final. The City shall be liable for any damage incurred due to sewer construction. Third: The Railway Company at its' option, may require a flagman be present to protect Railway's property and inspect the construction. The City will promptly reimburse the Railway for expenses incurred with the inspection and flagging of the construction areas. Fourth: The said Licensee will give to the Superinten- dent of the Railway Company at least ten (10) days' notice in writing before entering upon the right-of-way at each of the six (6) crossing locations of the Railway Company for construction purposes, or for the purpose of making necessary repairs. Work at each crossing shall be completed and cleaned up to the satis- faction of the Railway's Superintendent within thirty (30) days of the time it was begun. The Railway Superintendent must be notified and approve any variation of the completion date. The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the Licensee to make such rApairs upon ten (10) days' notice in writing. In such case, said Licensee may enter upon said right-of-way without the ten (10) days' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said re- pairs and collect the entire cost thereof from the Licensee. The Railway Company reserves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emer- gency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. Fifth: It is understood by the Licensee that said fa- cility is subject to and may increase the dangers and hazards of the operation of the railroad of the Railway Company, and that this License is subject to all risks thereof. The facility it- self shall be and remain the property of the Licensee and any and all claims caused by its use or maintenance shall be the responsibility of the Licensee, and not the Railway Company. Sixth: The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change in the location or construc- tion of said facility, or any part thereof, such change shall be made by the Licensee, at the expense of the Licensee, upon demand -2- ,si;4 S OF THE Railway Company, and the said Railway Company s be liable to the said Licensee on zccount thereof, or of any uamage growing out of any use which the Railway may make of its said tracks, property end right-oi-way. hall not on account Company Seventh: The Railway Company shall have the right at any time by giving ninety (90) days' notice in writing to the Licensee to require the Licensee at its expense to re -arrange or move this facility so as to conform to changes the Railway Company may desire to make in its track grade, track location or line or any other changes Railway may desire to make in its property at this point. Eighth: There shall be no construction on the Rail- ways' right-of-way between sunset and sunrise. Plso, the con- tractor shall provide fence, barricades, warning lights, and any other suitable safety appliences to prevent access of un- authorized persons to site where work is in progress. Ninth: The contractor shall not stockpile or store materiLl or caebris on the right-of-way of the Railway. Tenth: The contractor shall have in force, Public Liability Insurance, per person in the amount of One Hundred Thousand Dollars ($100,000) and per occurence in the amount of Three Hundred Thousand Dollars ($300,000.00). Eleventh: The waiver of a breach of any of the terms and conditions hereof shall be limited to the act or acts con- stituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. Twelfth: This License is personal to said Licensee and is not assignable or transferable, without the written consent of the Railway Company being sirst obtained. IN IN 1AITIESS kHEREOF, this instrument is executed, this day of (�, 1975. U .ATE SEAL ATTEST: rfi Cif% Assts nNTSecretary CEDAR Rf•PID&-AND IOWA CITY RAILWPY COMPANY 99 The undersigned, License, hereby accepts the tio16 UNA ORATEaSEAL. By .VICE PRESIDENT the Licensee mentioned in the foregoing same, subject to the terms and condi- wxTNEss: 2 r% 63 ��D 6 lPPlt075D .�dyor2 • or TE LE= DEPARTIMT (arq Reek -3- _1_4 y_/_ J /P 'x RFSOLUTION No. 79-275 RESOLUTION AU1110RI7ING MR-] CITY TO DEVELOP, ADOPT AND IMPII-X-M' AN INDU9rRIA1, 0D91' RECOVERY SYS11,11 ACCEPTABIds TO '111E U.S. INVIIMMINFAL PROTECTION AGENCY. Be it resolved by the City of Iowa City that at such time as industrial users (as defined in 40 CFR 35.905 as published in the September 27, 1978 Federal Register) discharge wastewater to the facilities constructed under EPA Grant No. C 19083002. The City shall develop, adopt and implement an industrial cost recovery system acceptable to the U.S. Environmental Protection Agency. This cost recovery system shall comply with the requirements of the Federal {Vater Pollution Control Act, as amended by the Clean Water Act of 1977 and all regulations and guidelines pertaining thereto. In the interim, the City shall submit an annual certification affirming the non-existence of industrial wastewaLor being discharged to this facility and shall_ maintain such records and documents as necessary to substantiate the certification. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSINT : X Balmer X DeProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 19thday of jnnP , 1979. MAYOR i i AT: . Z CITY CLERK VCrTVED 6 1PFR07FD BT•NF LLGAL LtzA.'. NSNT p J RESOIZPPION No. 79-276 RESOLUTION ACCEPTING SANITARY AND STORM SEWER DD TION D BLOCK 7I PORTIONSBLOCKE�MAN CENTER WHEREAS, the Engineering Department has certified that the following improvsnents have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary and storm sewer and paving for all of Block 7 and Lots 1, 2, 3 of Block 5 in Braverman Center Addition to Iowa City AND WHEREAS, Maintenance Boris 4W were ?X0 on file in the City Clerk's Office, in 1969, an said improvements are still in satisfactory condition, NOW THEREFORE BE IT RESOLVED by the City CoR=il of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Neuhauser and seconded by deProsse that the Resolution as read be accep , and upon roll call there were: AYES: NAYS: ABSEW: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed arra approved this ATTEST: x x 19th day of June , 1979 . Mayor /� �L City Cleric ReicceivGd & Approved B RESOLUTION NO. 79-277 RESOLUTION MAKING AWARD OF CONTRACT WHEREAS, by Resolution 79-256 adopted on June 12, 1979, the Council approved the bid of Parkview Company of $196,265 for construction of Part C of the BDI second addition special assessment project, and WHEREAS, by mistake the Department of Public Works recommended that the bid be accepted with a deduct alternate of $3,000 for the installation of two air release valves, and WHEREAS, the Department of Public Works now believes it would be wiser not to accept the deduct alternate, thereby raising the bid price to $199,265, but foregoing substantial future maintenance costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa: That the bid of Parkview Company of Iowa City, Iowa, in the amount of $199,265, for the construction of Part C of the BDI second addition special assessment project within Iowa City, Iowa, described in the plans and specifications heretofore adopted by this Council on the Jtth2g tl day of %IltT Ja�te 19 79 be and is hereby accepted, the same being the lowest bifid received for said work. The Mayor and Clerk are hereby directed to execute a contract with the said Parkview Company of Iowa City, Iowa for the construction of said improvements, said contract not to be binding on the municipality until approved by this Council. It was moved by Neuhauser and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this Balmer deProsse x Erdahl Neuhauser Perret Roberts �Vevera y +2th day of _ ATTEST: CITY CLERK June , 1979. i MAYOR RECEIVED d LPPROIED BY T1 E LEG/L DEPAR7iMT � RESOLUTION NO. 79-278 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: John's Grocery, Inc., 401 E. Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and -Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon ro-1r call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of June 19 79 Mayor Attest: 4 = City Clerk y -711) j l RESOLUTION NO. 79-279 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hergby approved for the following named person or persons at the following described location: John's Grocery, Inc., 401 E. Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon ro11 call there were: AYES: Balmer x deProsse Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x x Passed and approved this 19 79 Attest: LGC_ City Clerk 26th day of June Mayor S 71 RESOLUTION NO. 79-280 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Bill Mihalopoulos dba The Best Steak House, 1 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts IT that the Resolution as read—eadopted, and upon roll ca there were: AYES: NAYS: ABSENT: Balmer x x deProsse x Erdahl Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of June 19 79 Mayor /7 Attest: City Clerk D M RESOLUTION NO. 79-281 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is herby approved for the following named person or persons at the following described location: Bill Mihalopoulos dba The Best Steak House, 1 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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 x deProsse Erdahl Neuhauser x Perret x Roberts x Vevera x x x Passed and approved this 26th_ day of June 19 79 Mayor Attest: A� City Clerk N RESOLUTION NO. 79-282 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby app— _ETor the following named person or persons at the following described location: Copper Dollar of Iowa City, Inc. dba Copper Dollar, 211 Iowa Ave. East Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by �Ro_���� that the Resolution as -read -Ye adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved this 26th day of Attest:OZA6 '&� City Clerk Mayor June 19 79 875 m RESOLUTION NO. 79-283 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: Copper Dollar of Iowa City, Inc. dba Copper Dollar, 211 Iowa Ave. East It was moved by Neuhauser aria seconded by Roberts that the Resolution as read e a opted, and upon roll call there were: AYES: Balmer x deProsse Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x x Passed and approved this 197 9 . 26 th day of June Mayor Attest: City Clerk RESOLUTION NO. 79-284 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 Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Attest: M City Clerk Mayor June , AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 26th day of 19 79 Attest: M City Clerk Mayor June , CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 (Continued) 80-51 80-52 80-53 80-54 80-55 80-56 80-57 80-58 80-59 80-60 80-61 80-62 80-63 X80-64 r^ - aL 80-65 0 80-66 80-67 80-68 80-69 80-70 80-71 80-72 80-73 80-74 80-75 80-76 80-77 80-78 80-79 80-80 80-81 80-82 80-83 80-84 80-85 80-86 - Discount Dan's Shell, 933 South Clinton (Voss Petroleum Co., Inc.) - Iowa Memorial Union (University of Iowa) - Finkbine Golf Course (University of Iowa) - The Vine Tavern, 529 S. Gilbert (Jay E. Rarick and Terry G. O'Brien) - Foxhead Tavern, 402 E. Market St. (David L. Alberhasky) - Whiteway Super Market, 212 S. Clinton St. (McRo, Inc.) - The Annex, Inc., 819 - lst Ave. (The Annex, Inc.) - Randall Mini Priced Foods, 1851 Lower Muscatine Road (Randall Stores, Inc.) - John's Grocery, Inc., 401 E. Market St. - Hilltop Tavern, 1100 North Dodge St. (Edna Eldeen) - Drug Fair #9, 121 E. Washington St. (Drug Fair, Inc.) - Imperial Refineries Corporation, 1854 South Riverside Dr. (Imperial Refineries Corp - Dividend Bonded Gas, 302 South Dubuque Street, (George Ferdic) - Watt's Food Market, 1603 Muscatine Ave. (Dale E. Watt) - Applegate's Landing, 1411 S. Gilbert St. (Regal Vending) - Big 10 D -X Service, 513 S. Riverside Dr. (Regal Vending) - Rossie's Cafe, 329 S. Gilbert St. (Regal Vending) - Hal & Dee's, 800 S. Dubuque St. (Regal Vending) - Knights of Columbus, 328 E. Washington St. (Regal Vending) - Sycamore Eating & Drinking Co., Mall Shopping Center (Regal Vending) - Ken's Pizza, 1950 Lower Muscatine Road (Regal Vending) - American Legion Post 17, 3016 American Legion Road (Regal Vending) - Club Car Lounge, 122 Wright St. (Regal Vending) - That Deli -That Bar, 325 E. Market St. (Regal Vending) - Leroy Weekes V.F.W. Post 3949, 609 Highway 6 Bypass (Regal Vending) - Senor Pablos, 830 - 1st Ave. (Regal Vending) - Copper Dollar, 211 Iowa Ave. (Regal Vending) - Ken's Hardware, Highway 1 West (Regal Vending) - Lamplighter II, 1310 Highland Court (Regal Vending) - Kane's Depot, 114 Wright St. (Regal Vending) - Grand Daddy's, 505 E. Burlington St. (Regal Vending) - Holiday Stationstore #92, Hwy. 6 & Rocky Shore Dr. (Cedar Falls Oil Co.) - Pearson's Drug Store, Inc., 202 N. Linn St. (Pearson's Drug Store, Inc.) - B.P.O. Elks, 637 Foster Road ( B.P.O. 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Johnson County, Iowa, and to the State Comptroller: The Council of the City of Iowa City- - in said county (counties) met on June 26 , 19 79, at the place and hour set in the notice, a copy of which accom- panies this certificate and is certified as to publication. Upon taking up the proposed nmendment, it was con- sidered 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 consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if tiny*. Thereupon, the following resolution was introduced: RESOLUTION N0. 79-285 A RESOLUTION AASENDING THE CURRENT BUDGET FOR THE FISCAL. YEAR ENDING JUNE. 30, 19 77, (AS AMENDED LAST ON March 27. - 19 79 .) Be It Resolved by the Council of the City of Iowa City , Iowa: Section 1. Following notice published June 21 1979 , and the public hearing held June 26 19 79 , the current budget (as previously amended) is amended as set out herein. Reason: - -- . ----- -- ...... ......... ..- .....Reason: - ------ - ---- -- -- PROGRAM PROGRAM TOTALS FROM 14 TO: 16 Community Protection FUND .. ... As Certified or Amount of Last Amended on Change Amended To: FUND .. .. .. ........ , As Certified or Amount of Last Amended on Change Amended To: 1. Total Beginning Cash Balance + 2. Non -Property Tax Income 9. State -Shared Revenue 4. Property Tax Asking 6. Total Resources 6. Less, Working Balance (Reserve) 7. Net Resources for Expenditures S. Total Requirements _ 9. Community Protection 10. Human Development 11. Home & Community Environment 12. Policy and Administration 13. Total Expenditures Reason: - -- . ----- -- ...... ......... ..- .....Reason: - ------ - ---- -- -- PROGRAM PROGRAM TOTALS FROM 14 TO: 16 Community Protection Human Development Home & Community Environment Policy and Administration Passed this 26th day of . —une 19 7 It was moved by Balmer, seconded by Roberts, that the resolution as read be adopted,and upon roll call there were: Mayor Attest: Vote (list by names) : Perret, Roberts, Vevera, Balmer, Neuhauser. Nays: None Absent: deProc_se. Erdah]. I hereby certify the above transactions to be a true copy of the proceedings of the city council and the resolu- tions passed in the above matter. — - D I ---- City Clor "An overall increase in the budget or a major change in the proposed transfers between programs overall will require a new notice and hearing. 7s, 0 U `� new • ............ p.Yrllroa, low. Form 659-C (Revised 1974) AMENDMENT OF CURRENT CITY BUDGET NOTICE The Council of the Ci y of - Iowa City JhnSOn - -- ---- -- ---- - - -------------- 1° --------- - ------Johns-o-9 ---- - ---------- ---------------- --- ------ --County, 1 Vl C Center (name (a) of county or counties) 4 --- --------------------------- 19-19 ...- (place of meeting) (hour) (date) for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19.. by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the following reasons: t FUND As Certified or Last Amended on 1. Total Beginning Cash Balance 63. Non -Property Tax Income_ 3. State -Shared Revenue 4. Properly Tax Asking i. Total Resources u. Less, working Balance (Reserve) 7. Net Resources for Expenditures Total 3. Community Protection 0. Human Development 1. home S Community Envi 2. Policv and Administratior 3. Total .. .... ._..- .. ... FUND .. Amount of As Certified or Change Amended To: Last Amended on .. .......... ......................... ..._. Amount of Change Amended To: Reason: - ----- - ----------- Reason: ....... _... ....... --- . -- ..... PROGRAM TOTALS FROM 14 Community Protection Human Development home & Community Environment Policy and Administration TO: 16 There will be no increase in tax 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 considered in this current budget. This will provide for a balanced budget. - - ---- ---------------- ----- -- ----- - ----------- ---- ---- - - ---- City Clerk Note: Explain the source of any additional monies and the reason for the need to increase or decrease appropriation. If amendment includes change in appropriation for more than two funds, use additional fund boxes for informa- tion required within the bold lines. Instructions: Publish only the specific funds amended. The above form of notice may be one column wide and may include one or more funds. It must be published not less than four (4) days nor more than twenty (20) days before the hearing, provided that, in cities of less than 200 population and in such cities only, such notice may be posted in three public places. After the public healing the council shall adopt by resolutions the amend- ment as finally determined which action shall be made a matter of record. For detailed information, see Chapter 384, division II, Code of Iowa. Certification of Ipublicalion I hereby certify that the above notice was published (posted in three public places as established by ordinance) in The Iowa City Press -Citizen_. __ on _ - June 21 19.79... (name of newspaper) S/_- -- --- ----------- .!J City C1erkC/ n Printers fee i CERTIFICATE OF PUBLICATION STATE OFJOW A, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier Of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper -?'-L� - times, on the following Subscribed and sworn to before me this z _ day of A&nt� A.D. 19_1/._, Non' 16111 Of FICIAL PUBLICATION OFF141AL PUBLICATION AMENDMENT OF CURRENT CITY BUDGET NOTICE The Council of the City of Iowa City In Johnson County, Iowa, will meet at Civic Center, 410 E. Washington St., a1 7:30 p.m., on June 26. 1979, for the purpose of amending the current budget of the city for the fiscal year ending June 30, 1979, by changing estimates of revenue and expenditure appropriations In the following funs and programs and for the following reasons: PROGRAM Community Human Community and TOTALS Protection Development Environment Administration FROM 3,424,963 5,772,463 30,609,976 2,200,061 TO: 3.474,963 5,777 758 32,483,636 2,655,052 There will be no Increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the Increased nom property tax revenues and cash balances not budgeted or considered In this current budget. This will provide for a balanced budget. /a/ ABSIE STOLFUS CITY CLERK June 21, 1979 FUND -GENERAL FUND-HCDA As As Certified Certified Or Last . Amount f Or Last Amount Amended Of Amended Amended Of Amended On Change To: On Change To: Total Beginning - Cash Balance 11196.061 .. 1,196,067 (14S,3611) (145,368) Non -Property Tax Income 3,266,447 235,000 3,501,40 2,860,917 1,523,666 4,3$4,613 State Shared Revenue 770,000 772000 Property Tax Asking 1,0111,346 4,015,3411, Total Resources 9,217,860 235000 9,482,860 2:715,579 1,523,666 4,239,215 Less, Workino Balance (Reserve) 887,900 887,900 (45,360) (115.368) Net Resources for Expenditures 6,359,960 235,000 8,594,960 2,860,917 1,523,666 1,384613 Total Requirements Community Protection 2,185,607 - 2,18.9,603 5121068 5120044 Human Development 1,259,184 1,295 1,260,479 667,792 667,792 Home 6 Community Environment 2,704,752 240,000 2,944,752 1,540,552 1,398,730 2,939,282 Policy and Administration 2,210,421 330,652 2,541,273 140,535 , 124,936 265,471 Total Expenditures 0,359,960 $72,147 8,932,107 7,860,947 1,523,666 1,381,613 FUND - SPECIAL ASSESSMENT FUND - ENTERPRISE WORKING CAPITAL PARKING, AIRPORT, - SOLID WASTE, REFUSE As As Certified Certified Or Last Amount Or Last Amount Amended Of Amended Amended Of Amended On Change To: On Change To: Total Beginning Cash Balance 410,617 61,249 01,866 1,233,899 1,233,899 Non -Property Tax Income 99,000 99,000 1030,441 35,000 1,365,441 State Shared Revenue Property Tax Asking Total Resources 509,617 61,249 570,866 2.564,340 35,000 - 2,599,340 Less, Working Balance (Reserve) 409,967 409,967 796,169 796,169 Net Resources for Expenditures 99,650 61,249 160.899 1,768,171 35"000 1,803,171 Total Requirements Community Pro?ection Human Development Home & Community Environment 991650 235,000 334.650 1,768,171 1,768,171 Policy and Administration Total Exnendlture5 90 6911 915.4410 111. AN 1 7AA 171 1 fie ai PROGRAM Community Human Community and TOTALS Protection Development Environment Administration FROM 3,424,963 5,772,463 30,609,976 2,200,061 TO: 3.474,963 5,777 758 32,483,636 2,655,052 There will be no Increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the Increased nom property tax revenues and cash balances not budgeted or considered In this current budget. This will provide for a balanced budget. /a/ ABSIE STOLFUS CITY CLERK June 21, 1979 RESOLUTION No. 79-286 RESOLUTICN ACCEPTING SANfTARY SEWER F)CFENSION WHEREAS, the Engineering Department has certified that the following inprove ants have been completed in accordance with plans and specifications of the City of Iowa City, sanitary sewer extension as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa, for E. E. Dyer property on South Riverside Drive (highway 218). AND WHEREAS, Maintenance Bonds for Knowling Brothers Company are on file in the City Clerk's Office, NOW THEF47ORE 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 Balmer and seconded by Roberts that the Resolution as read be aec , and upon roll ca 1 e were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 26th day of June 19 79 . // / � _Ii,.�►�__- Rowkvd A Approved By The Legal Department ��d RESOLUTION NO. 79-287 RESOLUTION AWARDING BIDS FOR SENIOR CENTER FURNITURE TO BE ACQUIRED WITH FUNDING AVAILABLE THROUGH STATE SENIOR CENTER FUNDS WHEREAS, the City of Iowa City has contracted with Wehner, Nowysz, Pattschull, & Pfiffner, a local architectural firm, to review information from agencies, senior citizens, and the architectural program, and develop recommended furniture and specifications for rooms in the proposed Iowa City senior center, and WHEREAS, formal advertisement for bids was published June 4, 1979, followed by a formal bid opening June 21, 1979, at which time bids were received, and WHEREAS, the architects and City staff have reviewed and evaluated each bid in comparison with prescribed furniture specifications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Iowa City, Iowa, that the following bids be accepted: I. To Bean's Quality Billards of Cedar Rapids in the amount of $1,100.00 for Group A, recreation equipment. 2. To Iowa Machinery and Supply Co., Inc. of Cedar Rapids in the amount of $3,489.00 for Group B, craft equipment. 3. To Medical Arts Surgical Supply of Cedar Rapids in the amount of $1,454.10 for Group E, medical equipment. 4. To Slager Appliance of Iowa City in the amount of $960.00 for Group F, appliances. 5. To Frohwein's Office Supply of Iowa City .in the amount of $6,128.88 for Group G, office equipment. 6. To Lind's Art Supply of Iowa City in the amount of $1,285.00 for Group I, art equipment 7. To Pigott, Inc. of Des Moines in the amount of $4,993.00 for Group K, casework. 8. To I,B.M. of Cedar Rapids in the amount of $780.00 for Group L, word processing. 9. To Clark's Carpets'of Iowa City in the amount of $4,800.00 for Group M, window treatment, blinds. 10. To Pioneer Office Products of Iowa City in the amount of $1,190.00 for Group N, window treatment, drapery. 11. To Pleasant Valley Orchards and Nursery, Inc. of Iowa City in the amount of $2,489.00 for Group 0, interior planting. Page 2 Resolution No. 79-287 Purchases will be made from successful bidders in accordance with the specifications document "Furnishings and Equipment (II) Senior Citizen Center, Iowa City, Iowa" and the bid document received for said furnish- ings group from the successful bidder. Using unit prices submitted by bidders, actual quantities of furniture may be altered slightly. Contracts will be awarded 'expending the total amount of State Senior Center funds, $38,660.00. It was moved by Perret and seconded by Roberts the resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x R Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 26th day of ATTEST: ( Ik- CITY CLERK June , 1979. RECETVED & AFFROM HY 'Va LEGAL PARTIi % i RESOLUTION NO. 79-288 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the companies on the attached sheet , a copy of said contract 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 contract to purchase and furnishings for the proposed Iowa City Senior Center in accordance with specifics set forth in "Furnishings and Equipment (II) Senior Citizen Center, Iowa City, IA." 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 companies on the attached sheet 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Balmer and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Passed and approved this 26th day /off'/� Juunom/e; 1979, Mayor ATTEST: City Clerk 9V,3 RFi F.iVF.^_� & L`rFP.0iT1[? BY T12 LEGAL:)hPLyTVDM 1. Bean's Quality Billards 2. Iowa Machinery and Supply Co., Inc. 3. Medical Arts Supply c 4a Slager Appliance S. Frohwein's Office Supply 6. Lind's Art Supply 7. Pigott, Inc. 8. I.B.M. 9. Clark's Carpets 10. Pioneer Office Products 11. Pleasant Valley Orchards and Nursery, Inc. m CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1 1979 by and between the City of Iowa City, party of the first part, hereinafter referre to as the "Owner" and _Bean's Quality Billards • party of the second part, hereinafter referred to as the "Contractor" WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described 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 and #2. b. Notice of Public Hearing and Advetisement for Bids. C. Special Provisions. d. Proposal. 'e. 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 subjE to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) - Mayor ATT T: (Title) City Clerk Awarded Contract for: GROUP A -- recreation equipment ATTEST: _- (Title) (t-ompany Official $1,100.00 RFCFTVn h GFFP•]:'rsp By LEGAL DT -PAR ax'. CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Iowa Machinery and Supply Company , party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City,_Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully" described 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 and N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the Uocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST: (Title) Citv Clerk Awarded Contract for: GROUP B -- craft equipment ATTEST - (Ti tl e) TTEST:(Title) (Company Official) GERALMY COMMISSI0wIIF%nRC7 � 14= r 3 ) 19 $3,489.00 0 AFf FIVFJ & SFFP.3 TsP BY T LfG6L ';TAPT1r, CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 19791 by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Medical Arts Surgical Supply , party of the second part, hereinafter referred to as the "Contractor". ., WITNFCCTN- That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully` described 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 N1 and #12. l b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. .e. 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 subjec to the provisions embodied in the documents made a part of this r r Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST: (Title) Citv Clerk Awarded Contract for: GROUP E -- medical equipment M 1Ia' 117 Lz C� Ir=II� �.lfs Own-15fte 2 QWN)IPnVr 7740 lit AVENUE :I.E. CEDAR RAPIDS. IL Y402 ContractorSeal e ATTEST: ( tl a (/ ' Company 0 ficia $1,454.10 )?FCF.IM h AFFRxrssP AYE T . LFzA.L DFPA&TYF xr CONTRACT THIS AGREEMENT, made and entered into this 26 day of June , 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Dwner" and Slager Appliance party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications 'and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said•plans, specifications and proposal accurately, and fully described 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 Coptract 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 and #2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subje to the provisions embodied in the Uocuments made a part of this r Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTE51, ATTEST::/ • 1 I IM c �a. �+ • L9 A.6 �,, • ,(Title) City Clerk (Title) Sao Company 0 ficia Awarded Contract for: GROUP F -- appliances $960.00 7130 r•;�� •. RJr'r RT J. LI170Y �: Lf MY CcL:X9SSI0N EXPIRES &'Plember 30, 1979 RFCFTVn & 6c'TF�7$P I3Y T-4 t rr A, CONTRACT ✓ L��� THIS AGREEMENT, made and entered into this 26 day of June , 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Frohwein's Office Supply , party of the second part, hereinafter referred to as the "Contractor". W1TNrCCTN- That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City', Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described the terms and conditions upon which the Contractor is willing to perform the work specified: NOW THEREFORE, IT 1S 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 and #2. b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the Hocuments made a part of this Contract. 4: That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST - (Ti tl e) TTEST:(Title) City Clerk Contrac Seal B (Title) ATTEST: (Title) Company Official) FOR TNI tlOAL IrFICT Of TNI USI OF THIS FORM, CONSULT YOUR L11wyn STATE OF IOWA, S a►MS(Jy� COUNTY, ss: On this. I day of A.D. 19 before me, the undersigned, a Notary Public inland for the kate of Iowa, personally appeared and �L aC�U�IS to me' personally known, who, being by me duly sworn, did say that they are the -- ("eSl and ( M"A.1,,re.r respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) n said cor orationauthority of its Board of Directors; and that the said (i�/1 CfJl�d and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by if and by them volwITWily executed. 7 � IOWA STAT! BAR ASSOCIATION Official Form No. 13 Th" Runt.,: Aly A. 1917 �OA r'cc�' �F. -'4sem Notary Public in and for said County and State. P 9731 RFCF.IVFJ & dFFP.�;BP By T ; LEGAL DEFAtt:v tr, A, CONTRACT THIS AGREEMENT, made and entered into this 26 day of June , 19791 by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Lind's Art Supply party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said•plans, specifications and proposal accurately, and fully described 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 #Land N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjecl to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTE _(Title) City Clerk Awarded Contract for: GROUP I -- art equipment ATTEST: (Title) Company Official) i�,1, F DONALD E. DEACON MY fAMMISSIpN EXPIRES ( ;, , September 30, 1980 $787.00 With the addition in GROUP I of: 1 Amoco Potters Kick Wheel N3C with foot pedal motor assembly. $498.00 TOTAL CONTRACT AWARD -- $1,285.00 0 s - RFf F.I7FD & jc'rD'19cn CONTRACT THIS AGREEMENT, made and entered into this 26 day of June , 1919, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Dwner" and _P.igott, Inc. party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979,.for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fuliy described 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 N1 and N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subje to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST - (Title) City Clerk Awarded Contract for: GROUP K -- casework By (seal) B O No I~V (Title) 001 Vo t - ATTEST: (Title) —k Company Ofiicialy 0 $4,993.00 RFCF.IVM & AFFP,)7Bp AY T:.; LEGAL D�F'A&:YF,MS rnNTRarT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and I.B.M. party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described 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 and #l2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. "Proposal. e. 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 subjec to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. By (Title) Mayor ATTEST: (Title) City Clerk Awarded Contract for: GROUP L -- word processing Contractor Seal Bbl (Title) —,L6n!0':: ATTEST%v`-' (Title) Company Official) $780.00 llam'� , Gv-'ut-o 0 RFryivFn & SFFF,;TiP AYQ T-' LF.GdL D �7�C z /_ CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between' the City of Iowa City, party of the first part, hereinafter referred to as the "Dwner" and Clark's Carpets party of the second part, hereinafter referred to as the "Contractor" WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully!" described 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 #Land d2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. 'e. 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 subjec to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor Contractor Seal B Ti le ATT/EST:: ATTEST: _(Title) City Clerk (Title) (Company Officia MARI L HE TSHUST � Awarded Contract for: GROUP M -- window treatment, blinds $4,800.00 0 0 T1FCF.TYn- & di F$� TiP 13 T:� LIzAT. CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between, the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Pioneer Office Products party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described 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 N1 and N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. By (Title) Mayor ATTEST: (Title) City Clerk Awarded Contract for: GROUP N -- window treatment, drapery Contractor B Exe tive Vice President ATTERSS/T::J n k (Title) Treasurer. Company Official] 0 $1,190.00 1ir('F.I9FrD h AFF:-: j �rEn AY T LEGAL A8;1�jfT .1 C014TRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between the City of Iowa :City, party of the first part, hereinafter referred to as the "Owner" and Pleasant Valley Orchards and Nursev, Co, party of the second part, hereinafter referred to as the "Contractor" WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the `terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully" described 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 Nl'and #2. b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor Contractor (Seal) / 8v (Title)�tiKlatt� ATTEST: ATTEST: (Title) City Clerk Title Cpppmpany Official IAAEtI L HERSHU8EN //�: Z'��� `! r1 Awarded Contract for: GROUP 0 -- interior planting $2,489.00. RFCF.I9FJ h dFFS;.E ev r.•.. ..._-- _ RESOLUTION NO. 79-289 RESOLUTION PERMITTING PURCHASE OF AUDIO, VISUAL, STAGE, AND SEWING EQUIPMENT WITH STATE SENIOR CENTER FUNDS WHEREAS, the City Council authorized bidding for furnishings for the proposed Iowa City Senior Center on May 29, 1979 and that such furnishings were to be purchased with Senior Center Funds provided by the State of Iowa, Commission on Aging, totaling $38,666, WHEREAS, bidding procedures with appropriate reference to specification documents entitled "Furnishings and Equipment II" were duly advertised by the Clerk, City of Iowa City, Iowa on June 4, 1979; WHEREAS, bidding was opened on June 21, 1979 according to state and local requirements; WHEREAS, no acceptable bids have been received for four groups of furnishings, to -wit, Group C (Audio Equipment); Group D (Visual Equipment); Group H (Stage Equipment); and Group J (Sewing Equipment), WHEREAS, Chapter 6 of the Rules adopted by the Commission on Aging pursuant to Chapter 2498, Code of Iowa 1979 and set forth in the Iowa Administrative Code provides for direct negotiations and procurement of equipment and services by way of purchase orders where "No acceptable bids have been received after formal advertising." WHEREAS, Wehner, Nowysz, Pattschull and Pfiffner, Architects were duly authorized to set forth specifications for said furnishings in a resolution passed by the City Council on April 10, 1979; WHEREAS, said architects are in the best position to effect direct procurement negotiation with contractors/vendors by comparison shopping for said Groups C, D, H, and J, and make a final selection for procurement from the most acceptable contractor/vendor; WHEREAS, said Architects' authority for such direct negotiation may not exceed the amount of the State Senior Center Funds Grant remaining after awarding acceptable bids; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Architectural Firm of Wehner, Nowysz, Pattschull and Pfiffner, be and hereby is authorized to negotiate direct procurement from Contractors/ Vendors by way of purchase orders, as provided under Chapter 6 of the Rules adopted by the Commission on Aging, Section 20-6.7 (I)(d)(Exceptions), I.A.C., 1976; and further, that said Architectural Firm shall obtain bids from 3 -vendors where possible, using the specification set forth in the document entitled "Furnishings and Equipment II" for Groups C, D, H, and J; and that procure- ments •F'or such Groups shall be by way of Purchase Orders and shall in no way exceed the remainder of the State Senior Center Funds Grant totaling $38,666, less bids accepted and awarded on June 26, 1979 by this City Council. The Finance Director is hereby directed to issue four purchase orders in an amount not to'exceed $6,504.36to execute purchase of audio equipment, visual equipment, stage equipment, and sewing equipment for the proposed Iowa City Senior Center. RESOLUTION NO. 7- --9 PAGE 2 It was moved by Perret and seconded by Roberts that the resolution as read he adopted, and upon roll call there were: Ayes Nays Absent x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 26th day of June Mayor ATTEST: City Clerk 1979. RFC.F.TPF,D S 1PPROV0 Ir LDGAL DEP T T. G a z9A PURCHASE ORDERS GROUP C -- Audio equipment for a total of $2,358.00 to be split as follows: 1. To Sutton TV of Iowa City in the amount of $675.00. 2. To Hagen's TV of Iowa City in the amount of $333.00 3. To West Music Shop of Iowa City in the amount of $1,350.00 GROUP D -- Visual equipment for a total of $667.78 to be split as follows: 1. To Pratt Educational Media of Cedar Rapids in the amount of $185.00. 2. To Henry Louis, Inc. of Iowa City in the amount of $482.78. GROUP H -- Stage equipment for a total of $2,295.00 to be split as follows: 1. To Pratt Educational Media of Cedar Rapids in the amount of $299.00. 2. To Frohwein's Office Supply of Iowa City in the amount of $1,996.00. GROUP J -- Sewing equipment for a total of $1,183.58 to be split as follows: 1. To Viking Sewing Machine, Co., of Minneapolis Minnesota in the amount of 11.112.00. 2. To Lenoch and Cilek Hardware of Iowa City in the amount of $71.58. IF9y J% RESOLUTION NO. 79-290 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 South Clinton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Roberts x Vevera x Passed and approved this 3rd day of July 19 79 Attest:(L[�l' City Clerk .�l • lcp! l./ /�71•r!l Mayor f/1?0 AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of July 19 79 Attest:(L[�l' City Clerk .�l • lcp! l./ /�71•r!l Mayor f/1?0 RESOLUTION NO. 79-291 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 South Clinton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse x Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: Passed and approved this 3rd 19 79 Attest: rr C City Clerk ABSENT: day of Jul Mayo 77( RESOLUTION NO. 79-292 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 #80-88 through #80-98 It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X _ Passed and approved this 3rd day of 19 79 . Attest: �2( City Clerk Mayor July , CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 (Continued) 80-51 - Discount Dan's Shell, 933 South Clinton (Voss Petroleum Co., Inc.) 80-52 - Iowa Memorial Union (University of Iowa) 80-53 - Finkbine.Golf Course (University of Iowa) 80-54 - The Vine Tavern, 529 S. Gilbert (Jay E. Rarick and Terry G. O'Brien) 80-55 - Foxhead Tavern, 402 E. Market St. (David L. Alberhasky) 80-56 - Whiteway Super Market, 212 S. Clinton St. (McRo, Inc.) 80-57 - The Annex, Inc., 819 - 1st Ave. (The Annex, Inc.) 80-58 - Randall Mini Priced Foods, 1851 Lower Muscatine Road (Randall Stores, Inc.) 80-59 - John's Grocery, Inc., 401 E. Market St. 80-60 - Hilltop Tavern, 1100 North Dodge St. (Edna Eldeen) 80-61 - Drug Fair #9, 121 E. Washington St. (Drug Fair, Inc.) 80-62 - Imperial Refineries Corporation, 1854 South Riverside Dr. (Imperial Refineries Corp 80-63 - Dividend Bonded Gas, 302 South Dubuque Street, (George Ferdic) 80-64 - Watt's Food Market, 1603 Muscatine Ave. (Dale E. Watt) 80-65 - Applegate's Landing, 1411 S. Gilbert St. (Regal Vending) 80-66 - Big 10 D -X Service, 513 S. Riverside Dr. (Regal Vending) 80-67 - Rossie's Cafe, 329 S. Gilbert St. (Regal Vending) 80-68 - Hal & Dee's, 800 S. Dubuque St. (Regal Vending) 80-69 - Knights of Columbus, 328 E. Washington St. (Regal Vending) 80-70 - Sycamore Eating & Drinking Co., Mall Shopping Center (Regal Vending) 80-71 - Ken's Pizza, 1950 Lower Muscatine Road (Regal Vending) 80-72 - American Legion Post 17, 3016 American Legion Road (Regal Vending) 80-73 - Club Car Lounge, 122 Wright St. (Regal Vending) 80-74 - That Deli -That Bar, 325 E. Market St. (Regal Vending) 80-75 - Leroy Weekes V.F.W. Post 3949, 609 Highway 6 Bypass (Regal Vending) 80-76 - Senor Pablos, 830 - 1st Ave. (Regal Vending) 80-77 - Copper Dollar, 211 Iowa Ave. (Regal Vending) 80-78 - Ken's Hardware, Highway 1 West (Regal Vending) 80-79 - Lamplighter II, 1310 Highland Court (Regal Vending) 80-80 - Kane's Depot, 114 Wright St. (Regal Vending) 80-81 - Grand Daddy's, 505 E. Burlington St. (Regal Vending) 80-82 - Holiday Stationstore #92, Hwy. 6 & Rocky Shore Dr. (Cedar Falls Oil Co.) 80-83 - Pearson's Drug Store, Inc., 202 N. Linn St. (Pearson's Drug Store, Inc.) 80-84 - B.P.O. Elks, 637 Foster Road ( B.P.O. Elks #590) 80-85 - Riverside 66 Service, 1031 South Riverside Dr. (Paul Christian) 80-86 - 1st Ave. Kerr-McGee, 2229 Muscatine Ave. (Don -Jay Service, Inc.) 80-87 - Deadwood, 6 South Dubuque (James L. Strabala and Dorothy A.Strabala) 6' 80-88 - Applegate's Landing, 1411 S. Gilbert St. (Hawkeye Amusement) 80-89 - Maxwell's, 121 E. College (Great American Saloon Co.) 80-90 - H. P. Smith Co., 2000 Industrial Park Rd. (Canteen Food & Vending Service) 80-91 - K -Mart Store No. 4315, 901 Hollywood Blvd (Canteen Food & Vending Service) 80-92 - Owens Brush Co., Lower Muscatine Rd. (Canteen Food & Vending Service) 80-93 - Moore's Business Forms, South Riverside Dr. (Canteen Food & Vending Service) 80-94 - American College Testing Program, Inc., Hw. 1 & Interstate 80 (Canteen Food & Vending Service) 80-95 - Loyal Order of Moose, Iowa City Lodge No. 1096 (2910 Muscatine Ave.) 80-96 - Hamburg Inn No. 2, 214 N. Linn (David J. Panther) 80-97 - Needs, Inc., 18 S. Clinton 80-98 - Burger Palace, 121 Iowa Ave. (Stasi, Inc.) Y?3 r RESOLUTION NO. 79-293 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OR for Ramp B Block 64 Downtown Parking Facility 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 L21Ld ay of ,iuly , 1979, 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 deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 3rd day of ATTEST • City Clerk Jul 1979 Mayor Received a Approved By The Legal Department /9L' i _ _ 1 RESOLUTION NO. 79-294 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF the t,rk wash build!no . 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 bide 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 duly 19_7g. 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 31th day of i ly , 19 79 - Received $ Approved By The Legal Department 4a s 6-2p-2-!:� 89� Page 2 Resolution No. 79-294 It was moved by Balmer 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 DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 3rd day of JULY 1979, ATTEST: (?&- CITY CLERF MAYOR L 8796 RESOLUTION NO. 79-295 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF South Gilbert Street Improvement Pro.iect 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 plane, 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 $100,000. 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 bide for the construction of the above-named project are to he received by the Iowa Department of Transportation, at their offices in Ames, Iowa on the da of _ ct , 19, Thereafter, until 9:00 A.M. _14th y AiigD the bids will be opened by the Iowa Department of Transp6rtation , 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 August , 1979 Received A Appro ed By The Legal Department lPtSS 6-27-71 Page 2 Resolution No. 79-295 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: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 3rd day of ATTEST: 0(elzt; CITY CLEW Jul elf �'<��C" //,j., •rtr� MAYOR 1979. RESOLUTION No. 79-296 RESOLUPION AUTHORIZING AhUUMT TO AGREBUNT BLMVEIN TRE CITY OF IOWA CITY AND CARL WALKER AND ASSOCIATES, INCORPORATED, PURSUANT TO TERMS SEI' FORTH IN SECTION V, OOaMPENSATION FOR SERVICES. WHEREAS, the City of Iowa City and Carl Walker and Associates, Inc., entered into a contract on August 8, 1978 in order to provide design services for the Block 64 parking garage, which contract was duly executed and authorized by this Council. WHEREAS, Section V, "Compensation for Services" of said contract provides that the City will pay $81,000 for consulting services for performance of Phases A,B,C, and D described in the agreement and that such amount is based on a lump sum consulting fee to be bid within the first three months of 1979. WHEREAS, said section further provides that where the project is not bid during this period, that such lump sum fee on uncompleted phases shall be subject to renegotiation. WHEREAS, the consulting fee project has not in fact been bid during the first three months of 1979; and further, that renegotiation has been effected with Carl Walker and Associates, Inc., and that the parties have agreed to increase the base lucrp star from $81,000 to $89,000, and that the additional $8,000 shall be paid in Phase D (Bidding and Construction) based on percentage of actual completion. WHEREAS, all other terms of the agreement are and shall remain the same as set forth in the original contract. WIIEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: that the Agreement Amendment between the City of Iowa City and Carl Walker and Associates, Incorporated is herein incorporated in its entirety, and further that said Amendment should be and hereby is approved according to provisions set forth in Section V, Compensation for Services. BE IT F'UYMIER RESOLVED that the Finance Director is authorized to make payment of an additional $8,000 for purchase of consulting services, and that such payment shall in no way exceed $89,000, said increase to be paid in Phase D based on percentage of actual completion. BE IT FURTHER RESOLVED that all other provisions of the original contract are now and shall remain the same. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: I�F I? 111� Resolution No. 79-296 Page 2. AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of July , 1979. Mayor Attest City k BY 7"j, 1SGSL i::Ji:us,]rT �UU gir AGREEMENT AMENDMENT The City of Iowa City and Carl Walker and Associates, Incorporated, entered into a contract on August 8, 1978. The purpose of the contract was to provide design services for a 450 car parking garage on Block 64 in Iowa City. Section V, Compensation for Services, provides that the City will pay $81,000 for performance of Phases A, B, C, and D described in the agreement. It also provides that the lump sum consulting fee is based upon a bid date within the first three months of 1979. If the project is not bid in this period, the lump sum fee on the noncompleted phases of the contract is subject to renegotiation. The City of Iowa City and Carl Walker and Associates, Incorporated have negotiated an adjustment to the base fee from $81,000 to $89,000. This additional $8,000 shall be paid as part of Phase D based upon the percentage of completion of Phase D. All other contractual agreements in the original contract shall remain unchanged. The undersigned do state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: CARL WALKER AND ASSOCIATES: Mayor ATTEST: City Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) On this Jiff day of , 1979, before me, a Notary Public duly commissioned and Cqualified in and for said County and State, personally appeared Robert A. Vevera, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregiong instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. Notary Public in aAp for Johnson County, Iowa STATE OF IOWA JOHNSON COUNTY On this undersigned, personally SS: a St4" day of a Notary Public appeared to me per o is I ly mown sworn, did say that they are the -2 - 1979, before me, the noun y and said State, and being by me duly respectively, of said corporation; that no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said c rporatI n by authority of its Board of Directors' and that the said and as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. flfotary Public in and for ohnson County, Iowa pT .\•pn CpyN qRY ,N N CLQ Fp '8 RECEIVED 6 APPROVED Vy TEE LEGAL MPARTiOWT qac RESOLUTION NO. 79-297 RESOLUTION ESTABLISHING POSITION BY PAY RANGE FOR CLASSIFIED PERSONNEL OF THE CITY OF IOWA CITY, IOWA FOR FY80 WHEREAS, the City of Iowa City, Iowa, employs certain personnel referred to as classified personnel, and, WHEREAS, it is necessary to establish salaries for the said classified personnel, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the classified employees shall receive as salary compensation that amount which is set forth after each respective title in the Administrative Pay Plan in lieu of all other fees and compensations, except as otherwise provided by law, and where an employee shall receive any fees for other compensation for services within the scope of his or her employment, he or she shall remit the same to the City Clerk for the City Treasury. It was moved by Balmer and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of July 1979. MAYOR ATTEST: rift CITY CLERK RESOLUTION NO. 79-298 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Don -Jay Services, Inc. dba 1st Ave. Kerr-McGee, 2229 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x Passed and approved this 17th day of Mayor Attest: l ) City Clerk July 19 79 RESOLUTION NO 79-299 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Don -Jay Services, Inc. dba 1st Ave. Kerr-McGee, 2229 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: � /' c. City Clerk Q ABSENT: 17th day of July , (� C/ 41/�0�/ Mayor 2 RESOLUTION NO. 79-300 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: William B. Kron, Jr. dba Bill's I-80 D -X, Route 2, Highway 1 & I-80 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this Attest: ! J_ City Clerk 17th day of July Mayor 19 79 RESOLUTION NO. 79-301 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is . hereby approved for the following named person or persons at the following described location: William B. Kron, Jr. dba Bill's I-80 D -X, Route 2, Highway 1 and I-80 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th 19 79 ABSENT: day of July , � �4 X.// ��z o �,::: /�� � � Mayor Attest:rzlzz,� ,,.c / ,-� City Clerk �?d RESOLUTION NO. 79-30L RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYCA'P3i3I1 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -Tor the following named person or persons at the following described location: The Field House, Inc. dba The Field House, 111 E. College Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and fonaard the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as rete adopted, and upon roT�cal1 there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July Mayor (Y' rAttest: � � � City Clerk ✓ 19 79 rD 81 C RESOLUTION NO. 79-303 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLE BE IT RESOLVED BY THE CITY COUNCIL OF IO&dA CITY, IOWA, that a Class�� Liquor Control License application is hereby approved l:or the following named person or persons at the following described location: The Great American Saloon Company dba Maxwell's, 121 E. College St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as re�a �e adopted, and upon—r—oll-calT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of -July o 19 79 Attest: City Clerk Mayor 0 RESOLUTION NO. 79-304 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: The Field House, Inc. dba The Field House, 111 E. College St. It was moved by Balmer and seconded by Neuh that the Resolution as rea e adopted, and upon rol ca t ere were: AYES: NAYS Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x 197 9 ABSENT: Passed and approved this 17th day of July Attest:r �LL.t_,B-C-!L—) City Clerk 1/ Mayor 9l0 RESOLUTION NO. 79-305 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: The Great American Saloon Co. dba Maxwell's, 121 East College it was moved by Ba]mer and seconded by Neuhauser that the Resolution as rea opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of Jul 197 9 . Mayor Attest: City Clerk 91/ lie's RESOLUTION NO. 79-306 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -Tor the following named person or persons at the following described location: George's Buffet, Inc.,312 Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as regia a adopted, and upon roIca�T there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July 19 79 Mayor Attest: Citv Clerk RESOLUTION N0. 79-307 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYC= BE IT RESOLVED BY THE CITY COUNCIL Or IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro— vTor the followingnamed person or persons at the following described ocation: Johnson County Post 2581, Veterans of Foreign Wars, 1012 Gilbert Ct. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as remTEe adopted, and upon—r-011—c--all there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July 19 79 Mayor Attest: City Clerk i ��3 RESOLUTION NO. 79-308 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: Johnson County Post 2581, Veterans of Foreign Wars, 1012 Gilbert Ct. It was moved by Balmer and seconded by Neuhauser that the Resolution as read e adopted, and upon rolI--call t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July 197 9 Mayor Attest: City Clerk �J '71y RESOLUTION NO. 79-309 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hawkeye Dairy Store, Inc. dba Hawkeye Dairy Store, 701 E. Davenport St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this 17th day of July , 19 79 Attest: City Clerk Mayor RESOLUTION NO. 79-310 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Hawkeye Dairy Store, Inc. dba Hawkeye Dairy Store, 701 E. Davenport St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 17th _ day of i4 79 Attest: i /✓(iL-A City Clerk Mayor July , 916 AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th _ day of i4 79 Attest: i /✓(iL-A City Clerk Mayor July , 916 S RESOLUTION NO. 79-311 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 - permit Nos. 80-99 through 80-107 It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 17th day of July , 19 79 Mayor Attest:�alls", & /lam City Clerk l 917 CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-99 - Tuck's Place, 210 North Linn (James J. Tucker) 80-100 - Leo's Standard Service, 130 North Dubuque St. (Leo P. Lenoch) 80-101 - Towncrest Texaco, 2303 Muscatine Ave. (Regal Vending) 80-102 - Lon's Gas & Grocery, 105 E. Burlington (Lon Brown) 80-103 - Country Kitchen, 1401 S. Gilbert St. (Ronald L. Novak & Richard G. Bowers) 80-104 - V.F.W. Post 2581, 1012 Gilbert Court 80-105 - Pagliai's Pizza, Ltd., 302 East Bloomington St. 80-106 - The House of Submarines, 12 South Dubuque (Hawkeye Amusement) 80-107 - Rochester Ave. DX, 2233 Rochester Ave. (Robert E. Shank) RESOLUTION NO. 79-312 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persona at the following described location: The House of Submarines, Inc. dba The House of Submarines, 12 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as res a adopted, and upon ro call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl _9 _ Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July , 19 79 Mayor Attest: City Clerk 9�9 �b 1((' RESOLUTION NO. 79-313 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: The House ofSubmarines, Inc. dba The House of Submarines, 12 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of 19 79 Mayor Attest: �"/ . C, '- �.r� City Clerk July , RESOLUTION NO. 79-314 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF Sunset Street Improvement 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 31stday of 197, 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 Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: NAYS: ABSENT: Passed and approved this BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA 17th day of July , 19 79 Mayor rya ATTEST: is / /��_ 1.i/.��------/ / Reeeived & Approved City clerk B Thee Legal p rtment Q -7P,7 -7q RESOLUTION NO. 79-315 RESOLUTION SETTING PUBLIC HEARING ON REVISED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF OOST POR TILE OONSTRUCTION OF TIME RIVER CORRIDOR SEWERS PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. WHEREAS, the River Corridor Sewers Project was let out for bids, but no bids were received. WHEREAS, the Council desires to propose revised plans, specifications, form of contract, and estimate of cost for the project, and to set the same for public hearing. NOW BE IT RESOLVED BY THE OOUNCIL 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 31 day. of July, 1979, 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 news- paper 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 Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17thday of July , 1979. Attest: LC ///� zl-e' " City Clerk Mayor �YRECFIVED & APFROYM 1 4115 7 D 1zl-L`tt� SOLUTION NO. 79-316 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY80 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 31stday of July , 19 79 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. Thai 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 Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 17th day of Jul 19 79 Mayor ya3 ATTEST: _ Pr, -r,...,_1 L L= = CityC1er BY c� 4 - RESOLUTION NO. 79-317 RESOLUTION RESCINDING RESOLUTION 79-295 AND APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF South Gilbert Street Improvement Project ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That Resolution 79-295 be rescinded. 2. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 3. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $100,000 payable to Treasurer, City of Iowa City, Iowa. 4. 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. 5. That bids for the construction of the above-named project are to be received by the Iowa Department of Transportation, at their offices in Ames, Iowa, until 9:00 a.m. on the 14th day of August 1979 . Thereafter, the bids will be opened by the Iowa Department of Transportation , 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 August , 1979 . 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 DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS x VEVERA �a � Received & Approved B The Le _q Dgparfinenf Page 2 Resolution No. 79-317 Passed and approved this 17th day of July , 1979 Mayor ATTEST: City Clerk The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of certain street improvements in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. written and oral objections were then received or heard and the Mayor declared the time for receiving of objections to be closed. After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally pro- posed. -2- ANLCRS. COONCY. DONWEILEP. HAYNIE N SMITH. LAWYCHS. DCS MOINCS. IOWA Deferral of Resolution of Necessity Council Member Neuhauser moved that Council action on said Resolution of Necessity, all objections made or filed thereto and all other matters related or incidental thereto be and are hereby deferred and continued to a meeting of this Council, to be held on the 17th day of July , 1979, at 7:30 o'clock P.M., at this place; that this Council retains jurisdiction of said Resolution of Necessity, objec- tions thereto, and other related matters for consideration and action thereon at said adjourned meeting. Seconded by Council Member Perret The roll was called and the vote was, AYES: Balmer, Neuhauser, Perret, Roberts, Vevera NAYS: None Absent: deProsse, Erdahl Whereupon the Mayor declared the Motion to defer action adopted. Adjourned Meeting The Council of the City of Iowa City, Iowa, met in regular session in the Council Chambers in the Civic Center at 7:30 o'clock P .M., on the 17th day of July w579. There were present Mayor, Robert A. Vevera in the chair and the following named Council Members: John Balmer, Carol deProsse, Clemens Erdahl, C. Neuhauser, David Perret, Glenn E. Roberts Absent: None The Mayor announced that this is the time set for deferred action on the Resolution of Necessity for the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), introduced on the 3rd day of July , 1979. After discussion of the Resolution of Necessity, objections and other related mat- ters, the following action was taken: -3- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA Council Member Neuhauser introduced the following Resolution entitled "RESOLUTION AMENDING RESOLUTION OF NECESSITY" and moved its adoption. Council Member deProsse seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Neuhauser, Perret, Roberts Vevera, Balmer, deProsse NAYS: none Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 79-318 RESOLUTION AMENDING RESOLUTION OF NECESSITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Resolution of Necessity introduced at a meeting of this Council held on the 3rd day of7u1� 1979, for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), be and the same is hereby amended by amending tAxtM)1W&t1Xxc therefrom the proposed improvements on the following streets or portions thereof, to -wit: Reduction of proposed assessment from $9,049.62 to $3,000, subject to City obtaining easement for permanent storm sewer as shown on detailed engineering drawings, for Aage & Evelyn Jensen, 2050 N. Dubuque , Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW', in Sec. 3-79-6W of the 5th P.M. -4- AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA 67 7 and further the preliminary plat and schedule of assessments for said project be and the same is hereby amended by making the following changes therein, to -wit: Amendment as above stated. PASSED A14D APPROVED, this 17th day of July , 1979. Mayor ATTEST: Clerk -5- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA f";,7 RESOLUTION NO. 79-319 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BLOCK 64 PARKING GARAGE - 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 price 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 bide 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 d..te established for the receipt of bids. 4. That bids for the conatruction 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 2:00 P.M. on the 6th day of September 19_a. Thereafter, the bide will be opened by the City Manager or his designee 'and thereupon referred to the Council of the City of Iocaa 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 Seotemb r _, 19,79 - yas Received & approved 8y TheLeal De rtment w( 177 19 Page 2 Resolution No. 79-319 It was moved by Neuhauser and seconded by Balmer that the Resolution as rea e a opts , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 17th day of July , 1979. MA R ATTEST: C%TY" CLEJ ► 9a9 Council Member Balmer introduced the following Resolution entitled "RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION FUND", and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-320 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION FUND WHEREAS, the City of Iowa City, Iowa, has heretofore entered into contract or contracts for the construction of certain permanent street and sewer improvements for said City; and WHEREAS, said contract or contracts provides that pursuant to the provisions of Section 384.57 of the City Code of Iowa, payment to the contractor or contractors, and others, as the case may be, can be made in Construction Warrants: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That there be and is hereby established the 1979 BDI Second Addition Improvements Construction Fund, of the City of Iowa City, Iowa; and, the Clerk is hereby authorized to deliver Construction Warrants to the contractor or contractors, and others, for work performed in the construction of said certain permanent street and sewer improvements, which Fund shall consist of, and, into which there shall be paid all proceeds received from the collection of special assessments for said Project, and, all proceeds from the sale of special assessment and/or general obligation bonds applicable to said -2- AHLERS• COONEY. DORWEILER. HAYNIE& SMITH. LAWYER s. DES MOINES. IOWA 9�a L Res. No. 79-320 Project, and cash funds of said City, if any, that may be legally used for such purpose and allocated by the Council for said Project. BE IT FURTHER RESOLVED, that said Fund shall be maintained until all Construction Warrants, together with accrued interest thereon, have been refunded. PASSED AND APPROVED, this ATTEST: Clerk -3- 17th day of July , 1979. o ANLERE. GOONEY. DORWE ILEA. HAYNIES SMI TN. LAWYERS. DES MOINES, IOWA 1'3/ RESOLUPICN N0. 79-321 RESMMION AUMRIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a CONTRACT With ADS ADVERTISING - , a copy of said N RAS being at to s Reso u s reference made am�f, and, WHEREAS, the City Council deems it in the public interest to enter into Said CONTRACT WITH ADS ADVERTISING FOLLOWING TERMINATION OF THE CONTRACT WITH AERO SIGN COMPANY APRIL 26 1979 DUE TO NON-PERFORMANCE IN PROVIDING ADS FOR THE IOWA CITY TRANSIT SYSTEM. ADS ADVERTISING WAS THE SECOND BIDDER AT A MONTHLY RATE OF $42.00 OF WHICH THE CITY WILL RECEIVE $28.00 AND ADS ADVERTISING $14.00, PERMITTING EACH ADVERTISER ONE TRANSIT CARD TO BE PLACED IN EACH AND EVERY BUS OPERATED BY THE CITY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the CONTRACT With ADS ADVERTISING 2. That the City Clerk shall furnish copies of said CONTRACT to any citizen requesting same. It was moved by deProsse and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X V X X Passed and approved this 17th day of July 1979, Mayo' ATTEST: City Clerk $EC>;IYED 6 iPPRO BY 6 y�"l t 10 (- R �r� AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ADS ADVERTISING THE PARTIES 44 fC4 The parties to this Agreement are the City of Iowa City, Iowa, 410 E. Washington Street, Iowa City, Iowa (hereinafter referred to as "City") and ADS Advertising, an advertising business owned by Lorraine Sinnard, 1804 Sioux, Waterloo, Iowa 50702, (hereinafter referred to as "In -Bus Advertising"). PURPOSE The purpose of this Agreement is to provide a working document between the parties for the placement of transit cards for advertising purposes on the inside of the buses operated by the City's Transit System. TRANSIT CARDS SALES 1. The transit cards to be placed in the Iowa City Transit System buses will be 11" x 17" in size, placed horizontally. 2. Local advertising standards of good taste will apply to all advertising. 1. In -Bus Advertising shall be the sole and exclusive agent for the City in the promotion, sale, and placement of transit cards into buses operated by the City's Transit System. (18 buses currently, but to include 2 additional buses if added). 2. The City will allow In -Bus Advertising to place up to 20 cards into each of the buses operated by the City's Transit System. 3. Advertising may be placed by all advertisers on a first-come first -serve basis without regard to race, creed, color, age, sex, or national origin on a non-discrimination basis. 4. Advertising may be purchased by advertisers on a monthly or on an extended basis, but so as not to extend beyond October 31, 1979. ADVERTISING FEES 1. A fee of $42.00 per month will be charged to each advertiser for the placement of one advertisement. For the purposes of this paragraph, one advertisement shall mean the placement of one transit card for each advertiser into each and every bus operated by the City. 5�j? TERMS 2. In -Bus Advertising shall be responsible to the City for the collection of the placement fee from the advertisers. 3. Of each monthly placement fee of $42.00, In -Bus Advertising shall retain 33 1/3% for operating expenses,and shall remit to the City 66 2/3% no later than the 15th of each month for which an advertiser has placed an advertisement and provide a list of monthly advertisers. 4. For any of the 20 spaces that remain unused during any calendar month, neither In -Bus Advertising nor the City shall be entitled to a fee or any percentage thereof. 5. The transit cards will be placed and replaced during the hours of 5:30-6:00 A.M. and 10:30-12:00 P.M. by the personnel of In - Bus Advertising only. The City shall be obligated only to inform In -Bus Advertising of any transit cards that are damaged or need replacement for any reason. 6. The City shall retain the use of five (5) spaces for its own advertising and shall be permitted to use any other unsold spaces. 7. Public service announcements will be placed by the City free of charge up to a maximum of three (3) spaces per bus. The City may use any or all of its five (5) spaces for this type of message. 1. The initial term of this agreement shall be from July 1, 1979 to October 31, 1979. 2. This contract shall be renewed automatically for successive one year terms, and shall remain in effect until termination by either party upon 30 day written notification. Dated this day of 1979. ff THE CITY OF IOWA CITY, IOWA BY: /cGLc•�/2tL/L� Mayor ATTEST: dn ti APPROVED AS TO FORM: I�u B IN -BUS ADVERTISING: FYiN 9W AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ADS ADVERTISING THE PARTIES The parties to this Agreement are the City of Iowa City, Iowa, 410 E. Washington Street, Iowa City, Iowa (hereinafter referred to as "City") and ADS Advertising, an advertising business owned by Lorraine Sinnard, 1804 Sioux, Waterloo, Iowa 50702, (hereinafter referred to as "In -Bus Advertising"). PURPOSE The purpose of this Agreement is to provide a working document between the parties for the placement of transit cards for advertising purposes on the inside of the buses operated by the City's Transit System. TRANSIT CARDS SALES 1. The transit cards to be placed in the Iowa City Transit System buses will be 11" x 17" in size, placed horizontally. 2. Local advertising standards of good taste will apply to all advertising. 1. In -Bus Advertising shall be the sole and exclusive agent for the City in the promotion, sale, and placement of transit cards into buses operated by the City's Transit System. (18 buses currently, but to include 2 additional buses if added). 2. The City will allow In -Bus Advertising to place up to 20 cards into each of the buses operated by the City's Transit System. 3. Advertising may be placed by all advertisers on a first-come first -serve basis without regard to race, creed, color, age, sex, or national origin on a non-discrimination basis. 4. Advertising may be purchased by advertisers on a monthly or on an extended basis, but so as not to extend beyond October 31, 1979. ADVERTISING FEES 1. A fee of $42.00 per month will be charged to each advertiser for the placement of one advertisement. For the purposes of this paragraph, one advertisement shall mean the placement of one transit card for each advertiser into each and every bus operated by the City. TERMS 2. In -Bus Advertising shall be responsible to the City for the collection of the placement fee from the advertisers. 3. Of each monthly placement fee of $42.00, In -Bus Advertising shall retain 33 1/3% forloperating expenses and shall remit to the City 66 2/3% no later than the 15th of each month for which an advertiser has placed an advertisement and provide a list of monthly advertisers. 4. For any of the 20 spaces that remain unused during any calendar month, neither In -Bus Advertising nor the City shall be entitled to a fee or any percentage thereof. 5. The transit cards will be placed and replaced during the hours of 5:30-6:00 A.M. and 10:30-12:00 P.M. by the personnel of In - Bus Advertising only. The City shall be obligated only to inform In -Bus Advertising of any transit cards that are damaged or need replacement for any reason. 6. The City shall retain the use of five (5) spaces for its own advertising and shall be permitted to use any other unsold spaces. 7. Public service announcements will be placed by the City free of charge up to a maximum of three (3) spaces per bus. The City may use any or all of its five (5) spaces for this type of message. 1. The initial term of this agreement shall be from July 1, 1979 to October 31, 1979. 2. This contract shall be renewed automatically for successive one year terms, and shall remain in effect until termination by either party upon 30 day written notification. Dated this /f -,,a day of , 1979. THE CITY OF IOWA CITY, IOWA: BY: e &I eex Mayor Q ATTEST: / APPROVED AS TO FORM: P u L3 IN -BUS ADVERTISING: -1 /101-1q I 4�- RESOLUTION NO. 79-322 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN TILE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHHEFEAS, 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 Balmer and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS x Balmer x DeProsse x Erdahl X Neuhauser x Perret x Roberts X Vevera Passed and approved this 17th day of July , 1.979. ATPEST:i 1L /. Sty Clerk �} Mayor 4 �J Bi 'I_I. LEGAL DEFARTIdENT 7- 41- h AGREEMENT FOR TRANSIT SERVICES THIS AGREEMENT, made and entered into this llt�day of 1979, by and between the City of Iowa City and theCity'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 Citv of Iowa City and -the City of University Heights, as follows: Attest- Attest: 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 upon the signing of this agreement and shall continue for one year. 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 $11,820.00 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 prorate refund of said payment. V. This agreement shall be filed with the Secretary of thq State of Iowa and the County Recorder of Johnson County, Iowa. TY O,F IOWA CITY, I014A ty Clerk ORATE ORATE SEAL OF UNIVERS7YY HEIGHTS, IOWA BY: Mayor Attest WSW C— tty Clerk- lerk CORPORATE SLAL Agreement for Transit Services This a reement, made and entered into this % day of 49, 4 , 1979 by and between the City of Iowa City and the City of Uni eri ty 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 o, this state, may be exercised jointly with another public agency having such power, and Whereas, it is in the mutual interest of the part es to encourage the use of public transportation by residents of Iowa Cit and University Heights NOW THEREFORE it is hereby agreed by and betwy n the City of Iowa City and the City of University Heights, as follows: I. Scope of Services. The City of Iowa City shall provide ublic transit service to the City of University Heights. It is he eby 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�p/ a same level of service as residents of Iowa City who are served by tjfe same routes. II. Duration. The term of this agreemen agreement and shall contim III. Termination. This agreement may be either party. r IV. Compensation. shall commence upon the signing of this for one year. inated upon thirty days written notice by The City of University Heights agrees to pay $11,820for the provision• of public transit service as herein described upon the signing of this agreement. V. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITYaFW�JA/;CY , IOW CITY OF IVERSITY HEIGHTS, IOWA BY: 7�. BY: — MAYOR ATTEST: _ a e- ATTEST: CITY CLERK CITY CLERK .1marm a opitom BY TIM LEGAL AEIART�1:0? RESOLUTION No. 79-323 RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND VEENSTRA & KIMM WHEREAS, the City of Iowa Ctpy has awarded a contract to Veenstra & Kimm for River Corridor Sewers Project said contract egtered inrp on and, WHEREAS, ip is deemed that certain changes in the plans and specifications are necessary 4pe to construction changes. NOW THEREFORE BE IT MSOLVBD BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated entered into by the City of I049 City and- Veenstra & Kimm for the constryption of the River Corridor Sewers be amended as follows: 1. The project will require additional personnel because of it being divided'into 3 pieces. 2. This awndment wj11 increase the agreement from the previous fee of 282,4,22. The not to exceed figure will be $449,135.' This fee is grant eligible (75/05/20) and is subject.to the approval of EPA and IDEQ. 2. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to acid contract incorporating the above amendments. 937 Received & Approved B The Legal apaftment Page 2 Resolution No. 79-323 It was moved by Neuhauser and seconded by deProsse that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT; x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 17th day of July , 1979. 6227-1 " // r' MAYOR ATTEST: rz,,JL, -- CITY CLERK/ THIRD AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND VEENSTRA & KIMM IVER CORRIDOR SEWERS WHEREAS, the City of Iowa City, hereinafter referred to as the City, has executed a Second Amendment to a contract with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, with said Second Amendment providing for Step 3 engineering services for the River Corridor Sewers project, and WHEREAS, said Step I engineering services include the following specific elements: 1. General services during construction. 2. Resident review and construction staking, and WHEREAS, said City held a letting for said Project on June 28, 1979, and WHEREAS, no bids were received for said Project, and WHEREAS, said City has elected to modify the plans and specifications and readvertise for bids' at the earliest possible date, and WHEREAS, said modifjcations to the plans and specifications will include separating the Projgct into three (3) divisions, -and WHEREAS, separating the Project in.tp three (3) divisions will require work by the Consultant in addition to that provided for in said Second Amendment, and WHEREAS, hourly wagers to be paid by the Consultant over the course of the Project should be adjusted to meet future wage requirements. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the amended contract be further amended by this Third Amendment, by making the following deletions and additions: ' " Under VIII. COMPENSATION FOR 'STEP 3 SERVICES, delete paragraphs E and F, and substitute the followi,ng:' E. The fees of the Consultant shall be based on the costs of (1) Direct Labor, (2),indirect Costs, Which constitute allowable overhead, (3) Other Indirect Cdsts, which'coh§titute expenses of the Consultant, and (4) a Fixeo Fee'Mi'ch is,a.percentage of the sum of (1), (2) and (3). For purposes of this'Third Amendment, Indirect Costs (overhead) have been established at 125% bf Direct Labor. It is understood and agreed by the parties hereto that the ratio of 125% is subject to upward or downward adjustment OHring"the course of the Project, or after Project completion, depepdjng;'upon the results of an audit, or audits, of the operatiogs�of the Consultant by the Audit Division of EPA, Regioq VII. ,Followigg`soch audit, or audits, the fees paid, or to be paid;"'wil] be,adjusted'accordingly. -1- %39 F. The maximum actual costs and the fixed fees shown on Forms 5700-41, shall be as follows: (1) For general services during construction, the maximum amount charge ole under this Third Amendment for the actual costs incurrd.d for direct labor, indirect costs and other direct costs, but excluding the fixed fee, is SEVENTY-FOUR THOUSAND, ONE HUNDREp NINETEEN AND NO/100 DOLLARS ($74,119.00). The fixed fee for general services uring construction is ELEVEN THOUSAND, ONE HUNDREjl EIGHTEEN AND 0( 100 DOLLARS ($11,118.00). (2) For resident review and' construction staking, the maximum amount chargeable ,undor this Third Amendment for the actual costs incurred r.�cludl,ng direct labor, indirect costs and other direct costs j's ((IREE HONDR�,p SIffX EN THOUSAND, FOUR HUNDRED THIRTY,THREE ANN NO/1.00 DOLLARS ($316,433.00). The fixed fee for residggt rhview and 'construction staking is FORTY-SEVEN THOUSAND, FOUR HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($47,465.00). G. The Consultant is to be compensated only for the Step 3 services specifically set forth herein. No other compensation will be due the Consultant." Delete the paragraph relative to Appepdix C-1 in the Second Amendment and substitute the fallowing: "The provision$ of the latest edition of Appendix C-1, required by 40 CFR 35.937-9(c), �gted Septemhpr,27, 1978, and attached hereto, are hereby incorporatedy reference dpd;.made�a part hereof and shall be adhered to by the Consultant. The undersigned do hereby covenant and state that this amendment is executed in duplicate as thoNgh each,iere pp original, and that there are no oral amendments that have not been reduced tg,writing'in this instrument. It is further covenanted anj stated that there are no other considerations or monies contingent upon or resulting from the execution of this amendment nor have any of the abgve been"7m lied hy,or for apy party to this amendment. Dated this ZZA da,� df,� 1979. CITY OF IOWA CITY By -mayor & KIMM - t ATTEST: By City Clerk A -2- v �yd Arrr:NFlx C-1—iiE4ura M Pnovlstons— CONSULTrNG ENGINlarurvc Acru L%NT4 1. General 2. Responsibility of the Engineer 3. Scope of Work 4. Changes 5. Termination 6. Remedies 7. Payment 8. Project Design 9. Audit; Access to Records 10. Price Reduction for Defective Cost or Pricing Data 11. Subcontracts 12. Labor Standards 13. Equal Employment Opportunity 14. Utilization of Small or Minority Rpst- ness 15. Covenant Against Contingent Fees 16. Gratuities 17. Patents Is. Copyrights and Rights In Data I. GENERAL (a)The owner and the engineeragree hat the following provisions apply to the �PA grant -eligible work to be Performed upger this agreement and that such provisions 5u -i persede any conflicting Provisions of ¢)usl agreement. (b) The work under this agreement Is' funded In part by a grant from the U.& [ n- vlronmental Protection Agency. Neither the United States nor the U.S. Environmental Protection Agency (hereinafter. "EPA") is a party to this agreement. This agreement which covers grant -eligible work Is supiect to regulations contained to 40 CFR 35, 36, 35.937• and 35.939 In effect on the date, of execution of this agreement. Asuscri in these clauses• the words "the date o1,e �PCU, tion of this agreement" mean the date of execution of this agreement and any splice. quent modlftentlon of the terms. COMIM se - Lion or scope of services pertinent to u)ldor. formed work. (c) The owner's rights and remedies pro. vided in these clauses are In addition Lq'pny other rights and remedies provided by law or this agreement. 9. RMrONSIUZUTY Or THE ENGINEER (a) The engineer shall be responsible for the professional quality, technical accuracy. timely timely completion, and the coordlnatl I of all designs, drawings, specifications, reports, and other services furnished by the Ctull- neer under this agreement. The engjhper shall, without additional compensation, cor- rect or revise any errors, omra910na, or other deficiencies In his designs, drawings, spFdfl- catlmLs, reports, and other services. o (b) The engineer shall perform such ro- fessional services as may be necessary 1CI ae- oampllsh the work required to be Perinrd fv under this agreement. In accordance th this agreement and applicable EPA regpfrq, menta In effect on the date of executi6p of this agreement, (e) The owner's or EPA's approval of drawings• desiuns. spedficatlons, refIcgrts, and Incidents[ engineering work or mgterl- als furnished hereunder shall not iq,.fpry way relieve the engineer of responsilltlICY for Elle technical adequacy of hts work. net. Lher the owner's nor EPA's review, apPrrival or seceptatnee of, nor payment for, ani of the scrvices shall be construed to opergtp as a waiver of unY rlahts under this agree) ent or of rmY cause of action arising Out orEhe performance of this agreement .. (d) The engineer shall be and shall remahl liable. In accordance with applicable lat"A,''Yor all damages to the owner or EPA caused. by the engineers negligent performance df µal' ,1 r of the servile" furnished under this agree- ttgOent, except for errors, omissions or -other Qdficienclea W the extent attributable to the Owner, owner-furzilShod data or any third Rnr Ly. The engineer shall not be responsible Jor any time delays In the project caused by Ircumstancts beyond the englneeer's con. rel. Where Innovative processes or tech- niques (sce 4o CE1R 35.908) are recommend. ed by the,enginper and are used, the engl- icer shall bo liable only for grass negligence to Ile extent of such use. s. SCOFT or WORK The services 0 be performed by the engl- peer shall Inclpde all services required W complete the task or Step in accordance with applicable EPA regulations (40 CFR Part 33. Subpart E In effect on the date of execuLiop of this agreement) to the extent of Itiq",Scope of Work as defined and set out In the engineering services agreement to wrhlptl these prpylshms are attached. 4. CHANOFA fa)hc owner may, at any time, by wrlt- tep,br scar, make changes within the general scope of this agreement In the services or work to be performed If such changes cause an increase or decrease M the engineer's cost of, or time rp9Nlreq for, Performance of play services. 3rpdbr this afreemppl, whether on not changed b� anY.grder,.op equitable pdttistm)lnt 4ha4f' be [Wade rend this aeree. ttlent shell berp tlglfjc. M writing %acara)ng- Iv. The enalne!er must assert. anv clnlm for by tjiO before (.lie dufe.gf final Payment finder ll {jtla•PK7'eemot.. , tpp) ��jjjjogFt�Yces •'(bf w)lfch, a{1 'additional godipe't}sa[lorl Will be chirped, by''the engl- peer sh4!'1• 4 f hrhlsiped`wfthout the written apport3Cdtlon of the owrnpri • 'r, (c) IV Eig �4verjt that theca is a mottlftpa- Pod q E .A requlrpments Felating to the services to be-p'gyfdrincd under this apTe. Ment after the dRtc of execNltpn� pf this agpCmopt, the (perensed or depreaspq cast Of Performimce jjIt{{ the sprvlces�provldcd for I(1 thio, agf'eOiiletii $haU be renCCl.gd,•jn an hPPf�PTI44e mglllftpytlpp of LhN aergemcnt. to) Etl'I+hr party may termlpa.te' this agree. mem. brf.whtljte f'tfr`pxt,, In wrRing, If the Pvwvi Party substantl�Ely4afls'1d'fUlfUl Its obllgatlgnarpndot"16 3l ilgreenlent. through eftgcted unless A less than ten otice (delivered dpt reques Led) t aq-l{pporlunL IQ, terminating (bl The Owner +ttgy :terminate this agree- mer gree- me It 4n'wnole or In part. in writing, for Its convonlence, If thq termbui )on Is for good cause (such as for legal or fln:mclal,rvasulls, major Changan fttc WOW Pr prggripl re- gylremf-ri trait Rion of a nepI step) and the engineer Is given (i) nqt Elias than Len (10) eaiopdar etas written notleo (4t,11vcred by opr1ified matt, retupnlrecolpt reyugr-,tpd) of 4hcigy[1�!.rtgrnllnatqs for default, an fie B ljilgimedt tri the price provided hls'Itgreempnt shall be made, but (1) hint shall be allowed for anticipated on t1roerformed services or other work, and (2) any payment due to the engi- neer at the time of terminallon may be ad- justed to Elie 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- ience, the equitable adjustment shall In- clude a reasonable profit for services or other work performed. The equitable ad- Justment for any LerminaLlon shall provide for payment to the engineer for services rendered and expenses Incurred before the terminatlon, In addition to termination set. tlement costs the engineer reasonably Incurs relating to commltments which had become firm before the LerminaLlon. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the engi. neer shall (1) promptly discontinue all ser- vices affected (unless the notice directs oth. erwise), and (2) deliver or otherwise make available to the owner all data, drawings, apeclficatlons, reports, estimates, summar- les, and such other Inlormatlonrand materi- als as the engineer may have accumulated In oerforming this agreement, whether com- pleted or In process. (e) Upon termination under paragraphs (a) or (b) above, the owner may take over the work and prosecute the same to comple- tion by agreement with another party or otherwise. Any work the Owner takes over for completion will be completed at the owner's risk, and the owner will hold harm- less the engineer from all claims and dam- ages arising out of Improper use of the engi- neer's work. (D If, after termination for failure of the engineer to fulfill contractual obllgatlom, 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 (c) of this clause pro- vides. a. R£MEpi Bs Except as this agreement otherwise pro- vides, all claims, counter -claims, 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. 7. 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 provlstom 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. When such progress payments are made, the owner may withhold up to ten (10) percent of the vou- chered amount until satisfactory completion by the engineer of work and services within a step called for under this agreement. When the owner determines that the work under this agreement or any specified task hereunder is substantially complete and Chat 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. FEDERAL REGISTER, VOL 43, NO, 188—WEDNESDAY, SEPTEMBER 27, 1978 (e) No payment request made under pnra. graph (a) or (b) of this clause shall exceed the estimated amount and value o[ the work and services performed by the engineer under this agreement. The engineer shall prepare the estimates or work performed and shall supplement them with such sup- porting data as the owner may require. (d) Upon satisfactory completion of the work performed under this agreement, as a condition precedent to final payment under this agreement or to settlement upon Terrill - nation of the agreement, the engineer shall execute and deliver to the owner a release of all claims agalnst the owner arising under or by virtue of this agreement. other than such claims. If any. as may be specifically exempted by the engineer from the oper- ation of the release In stated amounts to be set forth therein. U, PROJECT DESIGN (a) In the performance of this agreement, the engineer shall, to the extent practicable, provide for maximum use of structures, ma- chines, products, materials, construction methods, and equipment which are readily available through competitive procurement, or through standard or proven production techniques, methods. and processes, consist- ent with 40 CFR 35.936-3 and 35.936-13 In effect on the date of execution of this agree- ment. except to the extent to which Innova- tive technology may be used under 40 CFR 35.908 In effect on the dale of execution of this agreement. (b) The engineer shall not. In the perform- ance o1 the work under this agreement, pro- duce a design or specification which would require the use of structures. machines, products, materials, construction methods. equipment. or processes which the engineer knows to be available only from a sole source, unless the engineer has adequately justified the use of a sole source In writing. (c) The engineer shall not. In the perform- ance of the work under this agreement, pro- duce a design or specification which would be restrictive In violation of sec. 204(1)(6) of the Clean Water Act. This statute requires that no specification for bids or statement of work shall be written in such a manner as to contain proprietary. exclusionary, or a]3 - criminatory requirements other than those based upon .performance. unless such re. qulrements are necessary to test or demon- strate a specific thing, or to provide for nec- essary interchangeability of parts and equipment, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words "or equal." With regard to materials, N a slnele material is specified, the engineer must be prepared to substantiate the basis for the selection of the material. (d) The engineer shall report to the owner any sole source or restrictive design or spccl- ficatlon giving the reason or reasons why It Is necessary to restrict the design or specl(I- catlon. (c) 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 which is, listed by the Director of the EPA Office of Federal Activities under 40 CFR Part 15. a. AUDIT: ACCESS TO RECORDS (a) The engineer shall maintain books, records. documents. and other evidence di. reclly pertinent to performance on EPA grant work under this agreement In accord. ance with generally accepted accounting principles and practices Consistently ap. plied, and 40 CFR 30.605, 30.805. and 35.035- 7 In effect on the date of execution of this agreement. The engineer shall also main. tain the financial Information and data used by the engineer In 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 owner. 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 authorized representatives shall have access to such boobs, records, documents, and other evi- dence for inspection, audit, and copying. The engineer will provide proper facilities for such access and Inspection. (b) The engineer agrees to Include para- graphs (a) through (e) of this clause In all his contracts and all tier subcontracts al. rectly related to project performance that are In excess of $10,000. (c) Audits conducted under this provision shnll be In accordance with generally ac- cepted auditing standards and established procedures and guidelines of the reviewing or audit ageney(les). (d) The engineer agrees to the disclosure of all Information and reports resulting from access to records under paragraphs (a) and (b) of this clause, to any of the agencies 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 doc- umentation on the pertinent portions of the draft audit report and that the final audit report will Include written comments of rea- Bonable length. If any. of the engineer. (c) The engineer shall maintain and make available records under paragraphs (a) and (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 ar6s- Ing out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made avalla. ble until 3 years after the date of resolution of such appeal, litigation, claim, or excep- tion. 10. PRICE REDUCTION rOR D=CTSvE COST OR PRICING DATA (This clause is applicable U the amount of this agreement euceeds $100,000.) (a) If the owner or EPA determines that any price. Including profit. negotiated In connection with this agreement or any Cost reimbursable under this agreement was In. creased by any significant sums because the engineer or any subcontractor furnished In. complete or Inaccurate cost or pricing data or data not current as certified In his ecrtlfb cation of current cost or pricing data (EPA form 5700-41), then such price, cost, or shallprofit be agreem ntshall becmodified accordingly lthe writing to reflect such reduction. (b) Failure to agree on a reduction shall be subject W the remedies clause of this agreement. (Nolo.—Since the agreement is subject tO reduction under this clause by reason of de. feci(re war or pricing data submitted in connection with certain subcontracts, the engineer may wish to include a clause in each such subcontract requiring the subcon- tractor to appropriately indemnify the engi- vicer. If is also erpected that any subconfrac for subject to such indemnification will gen- eraliy require substantially similar indemni- fiCahon Jor defective coat or pricing data re- quired to be submitted by his lower tier sub- contractors.) 11. SUBCONTRACeS (a) Any subcontractors and outside asso- claim or consultants required by the engi- neer In Connection with services under this agreement will be limited to such Indlvid- uals or firms as were specifically Identified and agreed to driring negotiations. or es the owner specifically authorizes during the performance of this agreement. The owner must Hive prior approval for any substitu- tions to or additions to such subcontractors, associates, or Consultants. (b) The engineer may not subcontract ser- vices In excess of thirty (30) percent (or — percent. If the owner and the engi. neer hereby agree) Of the Contract price to subcontractors or Consultants 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 subject to the following labor standards provisions. to the extent applicable: (a) Davis -Bacon Act (40 U.S.C. 276a - 270a -7); (b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); (c) Copeland Anti -Kickback Act (18 U.S.C. 874); and (dl 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- tion of this agreement. 13. rQUn R4PLOYMta1r OPPORZONITL' In accordance with EPA Policy as ex- pressed In 40 CFR 30.420-5, the engineer agrees that he will not discriminate against qtly employee or applicant for employment because of race, religion, color, sex, age, or national aright. ' 14. UTILLUTIOn Or SMALL A" MTNORIT'Y BUSINESS In accordance with EPA policy AS ex- pressed In 40 CFR 35.936-7, the engineer agrees that qualified small business and mi- nority business enterprises shall have the maximum practicable opportunity to par- ticlpnte In the performance of EFA grant - assisted contracts and subcontracts. 15. COVENANT AEAINSr CONTSNOTJrr yrrs The engineer warrants that no person or selling agency has been employed or re- tained to solicit or secure this contract upon an agreement or understanding for a com- mission, percentage, brokerage, or Contin- 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 discre. tion to deduct from the contract price or consideration, or otherwise recover. the full amount of such commission, percentage, brokerage. or Contingent fee. 16. GRATUITIES <al 11 It Is found. after notice and hearing. by the owner that the engineer. Or any of FEDERAL REGISTER, VOL 43, NO. 188—WEDNESDAY, SEPTEMBER 27, 1978 the engineer's agents or representatives, of- fered or gave gratuities (In the form of em ter Lainment, gifts, or otherwise). to any offi- cial, employee. or agent of the owner. of the State, or of EPA In on attempt to secure a contract or favorable treatment in award. Ing. amending. or making any delermina- LIOn7 related to the performance of this agreement. the owner may. by written notice Eo the engineer, terminate the right of the engineer TO proceed under this agree- ment. The owner may also pursue other rights and remedies that the law or this agreement provides. However, the existence of the facts upon which the owner bases such findings shall be In issue and may be. reviewed In proceedings under the remedies clause of this agreement. (b) In the event this agreement is fermi. nated u provided In paragraph (A) hereof, the owner shall be entitled: (1) To pursue the same remedies against the engineer as 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 to which it may be entitled by law, to exempla. ry damages In an amount (as determined by the owner) which shah be not less than 3 nor more than 10 times the costs the engi- neer Incurs In providing any such gratuities to any such officer or employee. 17. PATYNCS If this agreement Involves research, devel. opmental. experimental, or demonstration work and any discovery or Invention arises or Is developed In the course of or under this agreement, 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 date of execution of this agreement, Including appendix E of part 30. In such case, the engineer shall report the discovery or Invention to EPA directly or through the owner, and shall otherwise comply with the owner's responsibilities in accordance with subpart D of 40 CFR part 30. The engineer agrees that the disposition of rights to Inventions made under this agreement shall be in accordance with the terms and conditions of appendix D. The en. gineer shall Include appropriate patent pre- visions to achieve the purpose of this condi- tion In all subcontrnets Involving research, developmental, experimental, or demonstra. Lion work. 18. COPYRIGHTS AND RIGI TS IN DATA (a) The engineer agrees that any plans, drawings, designs, specifications, computer programs (which ere substantially paid for with EPA grant funds), technical reports, operating manuals. and other work submit- ted with a step 1 facilities plan or with a step 2 or step 3 grant application or which are specified 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 United Stales, as set forth In subpart D of 40 CFR part 30 and In appendix C to 40 CFR part 30. In effect on the date of excen. Lion 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" as used In appendix C refers to the engineer. If the material is co. pyrightable, the engineer MAY copyright it, as appendix C permits, subject to the rights In the Government In appendix C. but the owner and the Federal Government resen'e a royalty -free. nonexcluxlve, and Irrevocable license to reproduce, publish, and use such materials. In whole or In part. and to autho- rize others to do so. The engineer shall In. clude appropriate provisions to achieve the purpose of this condition In all subcontracts expected to produce copyrightable subject data. (b) All such subject data furnished by the engineer pursuant to this agreement are In. struments of his services In respect of the project. It Is understood that the engineer does not represent such subject data to be suitable for reuse an any other project or for any other purpose. If the owner reuses the subject data without the engineer's spe- cific written verification or adaptation, such reuse will be at the risk of the owner, with- out liability to the engineer. Any such ver- ification or adaptation will entitle the engi- neer to further compensation at rates agreed upon by the owner and the engineer. FEDERAL REGISTER, VOL 0.7, NO. 188—WEDNESDAY, SEPTEMBER 27, WIT OR PRICE SUMtdA'RY FORMAT FOR SUBAGREEMEII'fS UNDER U.S. EPA GRANTS Form Appro-ed COST (See accompanying instructions hr�JAr,G. €41Rp)rting this form) H OUR No. 153- 0i4! PART II -GENERAL _ '. GRANTEE CITY OF IOWA CITY, IOWA 2. GRANT NUMDER C190830 02 RE ISED N ]. NAME OF CONTRACTOR OR SUBCONTRACTOR 0. DATE OF PROPOSAL July 10, VEENSTRA & KIMM, Engineers & Planners Deeembe r-227-1976 1979 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include 21P code) G. TYPE OF SERVICE T O BE FURNISHED- 300 West Bank Building Step 3 Engineering Services 1601 22nd Street River Corridor Sewers West Des Moines, Iowa 50265 General Services During Construction REVISED PART II -COST SUMMARY ESTI- 7. DIRECT LABOR (Specify 10b0f c.ro(lorlae) HOURS MATED HOURLY ESTIMATED ' RATE COST TOTALS See Attachment 1 s $ ,W V 4%0"W". +7� � ' .. ' DIRECT LABOR TOTAL 29.219 ESTII %S—s f F�tI,jh.'lf E. INDIRECT COSTS (5peclly mdlr.cl coal pool.) RATE BASE= i Direct Labor Pool 1 2S s s 36 59 z_52��`'y f U INDIRECT COSTS TOTAL if.;.� I-;,"�f=?, ��y�ui��l' 7s��n'`'�'S`i� - Y� S 36 599 9. OTHER DIRECT COSTS�•�}� �z �I ESTIMATED }�!'�yj fit, "i Kit G. TRAVEL COST I TRAN]POPTwTION Vehicle Mileage 8 4 536 "�rtiK ��eT*rm. S 1 305y�'[�'1()I (hn (2) PER DIEM TRAVEL SUBTOTAL: 841 yIf TED ESTIMATED ; b. EQUIPMENT, MATERIALS, SUPPLIES (Spoc Ny e.l09000e) QTY COST � t r i •.k q ' Copying,Printing and Du licatin s LS s 40 '' Tele hone LS 2,000Ar�( �,(n°�,' EQUIPMENT SUBTOTAL I :•:3ti �-.. T-f�'•= +e2 4nn e. SUBCONTRACTS ESTIMATED" COST SUBCONTRACTS SUBTOTAL: i)Y A; i d. OTHER (Sp.cHy ce lcgorl.e) ESTIMATED COST I1l,"=` 1 All, 5I r%1a.. ala OTHER SUBTOTAL: I .!OTHER DIRECT COSTS TOTAL:' "t.`:.: �i ';�,..:�•;.}S.-�.., ;: �+ �(�.___�- 741. 19— 10. TOTAL ESTIMATED COST �s 11118__ 11. Fixe Fee Ix. TOTAL PRICE EPA Form 5700-41 (7-76) PACE 1 OF 5 j FoRR .1pn ;..d Olen rr.. I +-rprad PART III -PRICE SUMMARY 13, COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PRICE(S) PPUr'O'•^O r'I,I^r (Indic.(. 6.0e for prlco compnrle.n) Sr?T 'V wa S,Yuiy'y ¢i',43Sa ,f}"j11tr jN ..! f Y4.A��rh •,T }F /C v1 I-M� ' ..ti .. ,1:. O ✓ 1 6J} wri f T 1' r «.,sT;e. .,'tea. •,. + .r,..nv. - L` --•— ' PART IV -CERTIFICATIONS ' 14.CONTRACTOR Veenstra & Kimm, Engineers & Planners IAa. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHSr ACCOUNTS OR RECORDS IN CONNECTION WITH ANY YES Q NO (ff "Y..•' give nom. eddrosi and lolephdn0..b.r.f r0F1.wIng offlc.) EPA Region VII , Audit Division Kansas City, Missouri (816-374-5342) 14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES " 41 CFR 1-15.4 Ellis proposal is submitted for use in connection with and in response to (1)_ re GUeSt by the_, City of Iowa City, Iowa . This is to certify to the best OF my knowledge sud belir:f That the cost and pricing data summarized herein are complete, current, and accurate as of • I July 10, 1979 and that a financial manavement Capability exists to fully and accu- — :Dtdyaccount foclhe [inanciEL transactions unrier this project. i further certify that I_u erstar.d that the rat subagreemenf*price may be sui,ject to downward renegotiation and/or recoupmynt where the above cost and pricing date have been determined, as a result of an not t hav c mplete, guirent and aC(:•irate as of the date above. . - (3) July 10, 1979 .' DATE OF EXECUTION" smm GN U OF 05 Partner TITLE OF PROPOSER ' 14. GRANTEC REVIEVEn os /price ap ear I certify that 1 have reviewed the cust/price summary set fo77=4' acceptable for subngreement award. A �� l a rese ati` ve O TE OF E ELUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER (11 cppflc.ble) _ DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF RCVIEb ER EPA F.,. 3700 -Al (3.76) ATTACHMENT 1 (REVISED) to EPA Form 5700-41 (2-76) Iowa City, Iowa River Corridor Sewers EPA Project No. C190830 02 GENERAL SERVICES DURING CONSTRUCTION 7. DIRECT LABOR (specify labor categories) Estimated Hourly Estimated Hours Rate Cost Management Supervision 259 $22.00 $ 5,698 Construction Engineer 556 17.50 9,730 Project Engineer 237 13.00 3,081 Design Engineer 61 12.00 732 Assistant Construction Engineer 121 12.00 1,452 Draftsman 219 10.00 2,190 Technician 433 - 8.00 3,464 Executive Secretary 59 9.00 531 Secretary 241 7.00 1,687 Clerk 119 6.00 714 DIRECT LABOR TOTAL $29,279 COST OR PRICE'SUMMA'RY FOKMAT FOR SUBAGREEMEIIiS UNDER U.S. EPA GRANTS Form/ppro •crt (See accompanying instructions 66cc or comploting this form) MO OMB fvo. 153-NO!.f _ PART I-G.=.NERAL I. GRANTEE CITY OF IOWA CITY, IOWA Z. GRANT NUMBER C190830 02 2. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL VEENSTRA &-KIMM, Engineers & Planners Juse-26;-1978 July 10,1979 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP coda) G. TYPE OF SERVICE TO BE FURNISHED 300 West Bank Building Step 3 Engineering Services 1601 22nd Street River Corridor Sewers West Des Moines, Iowa 50265 Resident Review and Construction Staking REVISED PART 11-COST SUMMARY _ ESTI- I 7. DIRECT LABOR (Specify labor categoric.) MATED HOURS • HOURLY ESTIMATED RATE COST T o PALS Manager 485 s 10.00 $ 34 850 r P.M.onstruction rer,�s. lg, 9.00 62.730 .� e l Surve Chief 5"796 9.5.�0 7 084`)x"+x�gIra�' Helpers Survey0 ry�Nry,(i MAT ' DIRECT LABOR TOTAL '"1�,'• .=;4 � b�_ . . '!. s 110,460 lndlrec! cost x BASE = ESTIMATED,SIi,�(AMS'i8��.,Wj�,�x-,�ry.�. INDIRECT COSTS (Spec)fy pools) COST Direct Labor Pool 1.25 5 110,460 $ 138,075 JrL' INDIRECT COSTS TOTAL A';^'" ,75 9. OTHER DIRECT COSTS wd� ESTIMATED 0. TRAVEL COST ki•�Y^v '1 ))TRANSPORTATION s 15'400 .n fe. j RF}I'y'S�'%yjd' Ieraj`.✓,Y (Z) PER DIEM ✓.}�KZ I 69 TRAVEL SUBTOTAL. `y ri t) 1�`I b I41I¢�1i M["hila efi;F,': k08 JT.!t,'.;'1;n. r ESTIMATED i �� ( rt i t Inc -r t}tc`r,t:: �NNY�y5 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST COST ;{{(( t• ate' 4 'It k iTf�l`W+• Construction Stakes and Materials LS Telephone LS 1,000 EQUIPMENT SUBTOTAL. , i'=:t�5,: ,. y„ ..w...�...«, ,.t w:• DDDD '75 }jaY! 1(> e. SUBCONTRACTS ES21 AT COST ;iYflji iyti a, S [� jx't}'•"�� t4r}C• SUBCONTRACTSSUBTOTAL: E +d f"�oNa�,i'+1�1,,r4• d. OTHER (Specify esregorlea) ESTIMATED COST IsJ (., }s u• V4"SrFF `k L, •�.5`^� OTHER SUBTOTAL: i ' _ �;, = 7.'Ki".{;, b c.l OTHER DIRECT COSTS TOTAL I`t�i' '�+i'y�t i-.I n, �.` _ ,. :'i�t�'e S 67 898 _ "- 10. TOTAL ESTIMATED COST S 316,433_- 11• F&KA Fixed Fee ps 47�465_- 12. TOTAL PRICE _898 _ P63,898 n�r.a 1 nr i E FA Form 5700.41 (2.76) r�:-rpraa PART III -PRICE SUMMARY 13 COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PO.gOI+O•o (lndicme bnale Im Prlce compminan) PRICEISI t rMSY•• ,r r,!'t,Xr�'-itiv6r - — • _':v::'S..,,. f , 1 «< , r r:t; r. a.:;, �,k1 E';Qj..�»°- l f.: J: �i .Y;. a4aS'iu.> h�'.->ti"d�,,fs..{fl $ �L-iE�UzM ' PART IV -CERTIFICATIONS ' IM.CONTRACTOR Veenstra & Kinlm, Engineers & Planners lac. 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 MONTIIS? YES Q NO (II "Yee" glva name addroei and (elophono numhor of rovrewing olllce) EPA Region VII Audit Division Kansas City, Missouri (816-374-5342) 16b.THI5 SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES ' 41 CFR 1-15.4 14 This proposal is submitted for are in connection with and in response to (1)_request of the City Of Iowa. City, Iowa.This is to certify to the best of my kaowle?ge , and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2)1 July 10, 1979_ and that a financial management capability exists to fully and ac�e- rately account for the financial, transactions unrier this project. f further certify that I understtand that the . s ubagree maif'p rice may be subject to downward renegotiation and/or recoupment where th hbove cost and pricing data have been determined, as a result of audyt,-n a_v_.§ bee co plete, Curran'(( and accurate as of the date above. (3) .July 10, 1979 DATE OF EXECUTIOtt / t,(. Kimm SIGNATURE P E Partner _ ' TITLE OF PROPOSER -----_ 14. Gr ANYEC REV'IEVER I c_rtify that I have reviewed the oust/price summary set forth her ' " a e proposed costs/price appear snbngreement award. _-,-_acy-`•:(—e�plllaaab/le+/for �' DATE F EXECUTION 91GNA TORE of REVIEv:ER V DATE or Authorized Representative TITLE OF REVIEWER 16. EPA REVIEWER (11 rppllceble) DATE OF EFECUTION SIGNATURE OF REVIEWER - OF REVIEWER TITLE EPA Fe,m $700-41 (7.76) PAG[ 2 Ot n Computed byx k—DateyhigV7,6 V E E N S T R A& K I M M c ,eked y ------------ Date.- -.�... ENGINEERS & PLANNERS �v'?� by�JQDate`!T Z Ji 1------ YA...– 3------ Pago No................ Subject -N! ... a ...... ..'3 :nee/,n-------------- .. ......o.Sr....--... �d.1/Ll....la? ... /.o'a....-..-. �c. r ....................................................... 300 WEST BANK BUILDING 1601 22ND STREET Q WEST DES MOIN 10)Yq 1 �p NO.R _ d T 'any ... - 1✓!Sl669� ,&,VSt21� %I751ti 717 j �ddt1'�.n e {n� c f .- nisi uClln �QAlo4 G to 191742 I rol a Il9�l. � �cj_2_i7 --CO /NST.PUC1y��_a Ail QS' ��L� I� � v7 rl�-- )q Y /O}}�✓_�Gn /hI GI �ro�`cs�ca o n`�Q'l2s�uC I C 1 N I 1pi /i? Oy• 'S GUJyS�IfG!/a I l I1 I I, ° J / �bo1 X _ –�t�Q! o r7, SO J o I I I I i rrr�G' .s n -V15 rl J � ✓ Er�9tnee la -� J I _Z ti �i 2 e G� 7J 'HO t I4'� 1 o n s r I wv _ ssisa�,t`Rij'n9lrcc,r 1 I I *7 - G I ;� ,te: 7 I I j I I x'95:1 YL 1 I � I lj `�' 3 r,WlrAAS 1 I S[to MI l 8 I• • 3� fro C E_ ' I E -f- I r.1 I.Tl 5515 6tnT Canstrtqe- ,on - owlole Ga iLLCLc..r��� I OZ—.I---�'''8 F Imo:i� � I Cxec cy� �. . ¢ c? � C'onS-F- c���4't� i � I- I. I i_L_�_� �.�,- rs�� : � b -.»-• Ass%. 1C17 rG KJ ,� V-4 GIZ C- 7v0,�A w,11 &e fL.. Sa.....:._ . .' -- Job.— _. ._._��:'P...-. 3..... Pago No.............. _�.. / . \ _ Sublett.-�///..... 3.---..4�,.t.2[�..L!ZC�I.Y.?.CC............ •I — Computed bY. J .Date6 1`�7r ....4A..iT.�?..- ... ✓rii._... !-Ll � ............. V E E N S T R A& K I M M Checked by ------------ Date ............. ENGINEERS & PLANNERS Reviewed by .......... Date ............. .... `=`. iLl ...................................................... 300 WEST BANK BUILDING 1601 22ND STREET WEST DES MOINES, IOWA 50765 515 1358000 Approved by,........, Date ............ Sheet No„..............................of._........................-.... I 11 41 J 7 --> l�� y� ,q Qct= 4o 13 JQ1C C I In� I h I /Go �fr_– LAI n I E2ytn.l �_Y . T ! ra•I l�ecl I E�IctieLr' I I I I �✓,-�-- I ,—vr �16 —r t 4 9 I I I 6/ AAA I6'o A au �e4G--7�•� �0 � � I p I 2 YJ 7'"— J'n/iiGq' L[J/�"-' - (—O✓/r%<IGT-27 I r ncrtiS�,G%1.! -,CI nln.�l�_G/7/V[_ L-fC� f ' I AA I I �. I ! r��G �'m�r a I O/IS /':[G�7c /1H_._._F • I �_ � L a zl I'• I ��"+= �a sL v1 Yt ke. C 1 �L I /d8��1�40 I I I I i1, II I, I 'Ion n <..� Ci^"C rr C L�,•J.��-vJ 1.- I Ct Ir I 7!1! 1 0 / 0 5 4F✓e- IL' I ! I LL 3JL I �I Zl5 ICo 9_�Y 17�o r %YYIIC�' �—f c h•n rn aG Y' I I Z � k!' I / O i I I I aZSo I � �� jjG �'e I I .� I L C�•iS I C n s / ! � Yl ;`L:i� S � �N �-f-; ' -- c /�i�. I I j�t�° I I x-16-- I I �� 1 'F6'tQ� I i reb I � /'Yx rrn �.:5 w.lr_+•�_+-�._.�' � !/'ons I 7.� /� � �! CL I ! �iuc�l✓J_�_.rr[o,•r��p• Z43—` -� -� 11 41 J 7 --> 01 VEENSTRA & KIMM ENGINEERS & PLANNERS M WEST BANK BUILDING 1601 22ND STREET WEST IOWA 50265 515.858000 Job Page No................ Computed by:��rDatcz(lA lr �sfs_...-,.�.....�- ---------••-- -1- Checked by__.___Date------------- ----- - •--------••- --- ............................................................. Reviewed by .......... Date ------------- Approved by.......... Date............ Sheet No ------------ 3 --------------- o[............................... i L �Lid� L II7.5ce//' ac: -,•,5 -'/ate n A'=/�c235 �_ ,+ 5 ' I I `�fl f ' _4'.�ul y.emeni d�,�•� v_kp_n✓_�'✓ oi�� � 13 I I `/�—I � -� I l k ate- ! It I j I a �I� • �—^ It I _ It }I O I I I ITI= I S :4,536 ' �e I ! I I iv I fro I I -J I111r, �_.r�i_n� l I I I I I ~I I I IIII Illil!II!Ii II Ili'. II ' Ilillll�l!Ili I liilllI�lil � - i RESOLUTION NO. 79-324 RESOLUTION AUTHORIZING CITY CLERK TO RE -ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF RIVER CORRIDOR SEWER PROJECT, AS REVISED ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, no bids were received at the scheduled bid opening for the River Corridor Sewers Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,IOWA: 1. That the amount of bid security to accompany each bid for the construc- tion of the above-named project shall be in the amount of $279,000, payable to Treasurer, City of Iowa City, Iowa. 2. 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 receipt of bids. 3. 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 2:00 P.M. on the 24th day of August , 19 79 . Thereafter, the bids will be opened by the City Manager or his eessignee , 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 28th day of August , 19 79 . 7y/ Received & Approved By The Legal Deparlmenf Page 2 Resolution No. 79-324. It was moved by Balmer and seconded by Neuhauser that the Resolution as rea ed -5 a�optea, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 17th day of July , 1979 MAYOR ATTEST: CITY CLERK �y� RESOLUTION No. 79-325 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION Ow FOR City Streetscape Phase II -A Project WHEREAS, Metro Pavers Inc. of Iowa City 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 of Iowa City, for $421,701,75 including Alternate Area "A" , subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 17th day of July � yZ xll_ MAYOR ATTEST: �/Jz- CITY CLERK 1979 The & Approved B"�Q1.�3.-71 12�t.e . /'; RESOLUTION No. 79-326 RESOLUTION AUTHORIZING EX=ICN OF OVERWIDTH PAVING AGREEMENT FOR MOUNT PROSPECT, PART IV. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with develo ers of Mount Pros ect Part IV , a copy of said agreement being attachedto s Reso u s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the developers of Mount Prospect, Part IV to Install overwidth pavement on Hollywood Boulevard between Grantwood St. and Sycamore. The not to exceed fiqure Is $7,000. NOW, THEREFORE, BE IT )SOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with developers of Mount Prospect, Part IV 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER x DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 17th day of July , 1979, Mayor ATTEST: iL City Clerk i �yy Receives! A Approved ll lLegh `e a 1eM B-1, _ -/J-I- A G R E E M E N T WHEREAS, Frantz Construction Company,_Inc. is the Developer of the Mount Prospect Part IV subdivision, 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 Hollywood Boulevard by paving said street 32 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City ofiIowa 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 Ten Thousand Dollars ($10,000), 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 Seven Thousand Dollars ($ 7,000.00 ) 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 Thirteen Dollars ($13.00) per square yard 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 IY A day of A.D., 19a. CITY OF yIOWA CITY, IOWA By: Mayor Attest: ,�� �" i ; By: City Clerk / HUD -9014 (11-68) The following resolution was introduced by Mayor Vevera ; read in full and considered: "RESOLUTION AUTHORIZING AND DIRECTING SUBMISSION OF APPLICATION FOR A LOW -RENT HOUSING PROGRAM" Perret moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Neuhauser , and upon roll call the "Ayes" and "Nays" were as follows: AYES deProsse Neuhauser Perret Erdahl The Mayor said resolution adopted. NAYS Balmer Roberts Vevera thereupon declared said motion carried and There being no further business to come before the meeting upon motion duly ms -ie and seconded, the meeting was adjourned. GPO O®D4a1 *US GGVEPeuEhTPP1x71hCC1f1q 1072.784.913/5p RESOLUTION NO. 79-327 RESOLUTION AUTHORIZING AND DIRECTING SUBMISSION OF APPLICATION FOR A IOW -RENT HOUSING PROGRAM WHEREAS, the United States Housing Act of 1937 provides that there shall be local determination of the need for low -rent housing to meet needs not being adequately met by private enterprise; and wH=,;, under the provisions of the United States Housing Act of 1937, the Secretary of Housing and Urban Development is authorized to provide finan- cial assistance to public housing agencies for low -rent housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY AS FOLU)VS: 1. That the Council hereby determines that within its area of operation, there is a need for low -rent housing to meet needs not being adequately net by private enterprise. 2. That the Mayor shall cause to be prepared and the City Clerk shall sign and send to the Secretary of Housing and Urban De- velopment an application for financial assistance for Twenty (20) dwelling units of low -rent public housing to be provided by new construction, arra for a preliminary loan in the amount of $4,000.00. 3. In connection with the development and operation of any program or activityreceiving Federal financial assistance under the United States Housing Act of 1937, regardless of when such program or ac- tivity or any portion thereof was or is initially covered by any contract, the City Council will comply with all requirements im- posed by Title VI of the Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 241; the regulations of the Department of Hous- ing and Urban Development issued thereunder, 24 CFR, Subtitle A, Part 1; and the requirements of said Department thereunder. 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 x x x x x x Passed and approved this 17th day of Balmer deProsse Neuhauser Perret Roberts Erdahl Vevera July O/� , 1979. Mayor aCt= A lPrM—_'D by 'PIE LEGAL DEt1RTM NT 7-/0 .7gell—. The following resolution wa!1 introduced by Mayor Vevera read in full and considered: "RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING" Perret moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Neuhauser and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS deProsse Balmer Neuhauser Roberts Perret Vevera Erdahl The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly =,ie and seconded, the meeting was adjourned. GPO so 2-142 RESOLUTION NO. 79-328 RESOLUTION APPROVING, APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of it., citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Hous- ing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of law -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately net by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low -rent housing projects unless the governing body of the locality in- volved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the City Councilof Iow*a City (herein called the "Local Authority" is a public housing agency.and is applying to the Government for a preliminary loan to cover the costs of surveys and planning in connection with the develop- ment of low -rent housing; NOW, THEREFORE, be it resolved by the City,Council of the City of Iowa City as follows: 1. That there exists in the City of Iowa City a need for such low - rent housing which is not being met by private enterprise; 2. That the application of the Local Authority to the Government for a preliminary loan in an amount not to exceed $9,000.00 for surveys and planning in connection with lour -rent housing projects of not to exceed approximately twenty (20) dwelling units is hereby approved. 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 deProsse x Neuhauser x Perret x Roberts X Erdahl X Vevera Passed arra approved this 17th day of July , 1979. Mayor ATTEST: OAL- City Clerk REC£ m k 17FROVED BY TICE-LEGAL DEPARTMENT 7-/0 - 74i Al,' 77/ The following resolution wan introduced by Mayor Veveri ; read in full and considered: "RESOLUTION OF COOPERATION" HUD•9014 01 y8! Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by deProsse , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Balmer Balmer deProsse Roberts Erdahl Vevera Neuhauser The Mayor thereupon declared said motion carried and said resolution adopted. **X,********m There being no further business to come before the meeting upon motion duly msde and seconded, the meeting was adjourned. RESOLTION NO. 79-329 RFSOLUrI (YN OF COOPERATION WHEREAS, The City of Iowa City, Iowa, (hereinafter called the "Municipality"), acting by and through the Imo Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the "Commission"), has requestez3 from the United States of America, Housing and Urban:EDevelopne;. (hereinafter called "HUD") a Program. Reservation for twenty (20) units of lora rani `.ousing to be developed arid located within the co- -mrate limits of the Munic_,ality and may hereafter apply for additional Pro_rram Reservatic:_ and WHF. kS, the Municipality, acting by and through the Comnission, shall endeavor to secure one or more contacts with HUD for loans and annual contributions in connection with the developrnent and administration of such low rent housing projects, all pursuant to the United States Housing Act of 1937, as amended (hereinafter called the "Act"); and WHEREAS, all such loo rent housing projects are for a public purpose and exempt from all real and personal property taxes under the Statutes of the State of Iowa; and WHERTAS, The Municipality is desirous of assisting and cooperating in such undertakings and of corplying with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all other applicable provisions thereof; Section 1. Whenever used in this resolution, the following terms shall have the following meaning: (a) The tern "Conplex" shall mean arty low rent housing hereafter developed as one operation by the Commission with financial assistance of HUD and included within any Progam Reservations issued to the Municipality, acting by and through the Commission, by HUD which in the aggregate may not exceed twenty. (20) units of low rent housing. A Complex will generally be located on a single site but may be on scattered sites. (b) The tern "Taxing Body" shall mean the State or any political subdivisions or taxing unit thereof (including the Municipality) in which a Complex is situated and which would have authority to access or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Complex it is were not exempt from taxation. (c) The term "Shelter Rent" ='all mean the total of all charges to all tenants of a Ozimplc•, for dwelling rents and non -dwelling rents (excluding all other income of such Complex) , less the costs of all dwelling and non -dwelling utilities. (d) The term "Sim" means any area where dwellings predominate which, by reason of dilapidation, overcroxiing, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any conbination of these factors, are detrimental to safety, health, or morals. ED BEST DOCUMENT 7- AVAILABT T - Section 2. The Municipality agrees that with respect to ally Complex, so long as either (a) such Complex is used for low rent housin," purposes, or (b) any contracts between the Municipality, acting by and through the Commission, and RM for loans or annual contributions, or both, in connection with such Complex shall remain in force and effect, or (e) any bonds issued in connection with such Complex shall re111:6:1 ei:tstanding, whichever period is the longest, the IUuiicipality will not )('I•)' or impose any real or personal property taxes ll,)en such Complex or upon the• Commission with respect thereto. During such period, the COmiSSiOn shall make annual payments to the Municipality (hereinafter called "Paylnents in Lieu of Taxes") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Complex. Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Complex and shall be in an amount equal to either (a) ten per cent (100) of the aggregate Shelter Rent charged by the Commission in respect to such Complex during such fiscal year or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower; provided, however, that upon failure of the Commission to make any such Payment in Lieu of Taxes, no lien against any Complex or assets of the Commission shall attach. The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law; provided, how- ever, that no payment for any year shall be made to any Taxing Body (in- cluding the Municipality) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Complex were not exempt from taxation. Section 3. During the period commencing with the date of the acquisition of any part of the site or sites of any Complex and continuing so long as either (a) such Complex is used for low rent housing purposes , or (b) any contract between the Municipality, acting by and through the Commission, and HUD for loans or =ival contributions, or both, with respect to such Complex shall remain in force and effect, or (b) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality, without cost or charge to the Commission or the tenants of such Complex (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Commission and the tenants of such Complex public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Complex as may be necessary in the development thereof, and without charge, transfer to the Commission jurisdiction of any interest in the Municipality may have in such vacated area; and insofar as it is lawfully able to do so without cost or expense to the Commission and/or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; /7 os�6 'QIlII SuTpnjOuT ',(aaa3v jglIwwuaaA03 ao Apoq atlgnd aaglo gons IKq paoao;ua aq ,Cam pug ;o 1T;auaq aq1 o1 aanaT jjvgs ;ooaoq suoTSTAoad aq1 I(InH SutpnlouT `6ouaSu jvluawuaano3 ao 4poq ocjgnd aaglo gons Kq pjaq sT xaldwo3 4ua ';o uoTssassod ao '01 algTq jvTDT;auaq aq1 awTl bug lu ;I •saoafo.zd 3utsnoq luaa mol ;o oTlgalstutmpv ao luawdojanap aql ut a3a3ua o1 nal Kq paztaoglna 'aljll 3uTpnj3uT '.Coua3a jaluam1iaano3 ao Kpoq oTlgnd aaq}o amos ao '(1FlvdtoTuniq aqq 6q pjaq 9T.x-aldwo3 gons o} aTIT1 Ivtot;auaq ag} sv 3uol as xaldwo3 gova o} }oadsai g1Tn }oa;;a pug aaao; jjn; ut utgmaa jlvgs aapunaaaq (}TjvdpTun(4 aq} ;o suoTla -3TIgo pug sa3ajTATad agL :=I ;a }uasuoo aqj lnoglTn PaT;TPJtu as 'pa3uv113 'pal23oaga aq lou Reqs pug loualuoo v sa papav3aa aq ITugs uoTlnlosaa scgq 13utpualslno ucvwaa 11vgs xaldwo3 gons ggtn uoTloauuoo uT panssT spuoq Rug sv 3uol as ao 4130;;a pug aaao; ui uTvwaa Ilvgs xajdmo3 Cuv o} loadsaa g1Tn 'gloq ao 'suotingTaluoo jvnuuv ao (suvol ,Ctvutmtlaad 3utpnlouT) suvol ao; pnll pug 'uoTssTuauo3 aql g3noagl pug Cq 3uc}ov IX:,TlvdTocunll aq} uaac+laq loaaauao .(uv sg 3uoj as lggq saaaSv KgtivdxnTunl1 aqy 1'9 uoTloas -CMH Sq pauno ao palsTssg sloaCoaa ;utsnog }uaa noI aaglo Cua ao xaldwo3 ,(ug of laadsaa uT K1TjvdxoTunj4 aqg o1 anp awooaq o} ao anp saxgy ;o natl uT sluaw.(vd ,(uv wear ao;aaagl lsoo au; lonpap ljvgs aaagnasja satltltov; ao SZ3TAaas gons 3uiutv}go uodn uoTsstr.=uo3 aq1 uagl Ixaldmoo 4uv of ao uotsstwwo3 aq1 of pogstuan; aq o1 asnvo ao gstuan; of aapunaaaq palv$tjgo GT 1T goTgn saTITiToa; ao saoTAaas aql ;o (uv pagstuan; aq of asnaa ao gsTuan; 01 asn;aa ao ITa; 'uoTsstmwo3 aq1 moa; aotlou ual1Tam aal;g•amFl ajgvuosaaa v uTq}Tn 'Reqs (1FjudTzyunF4 aq1 ;I 1'S uoTloaS •(pauno Kjalvncad aaan 1T ;T alFs xaldmo3 aq1 1suTvSu passassa aq pinon sv lunomg gons sgsoo quamdojanap xaldmo3 su c(1TjadtoTunl,l agl,oj ,Cad jjvgs uoTsstmmoo aqq ;oaaagM uoTgvaaptsuoo ut) 3oaaagq sgaaals Sutpunoq aq1 3uTAaag pug xaldwo3 gons of 3utpgal 'suTuu aamus ,CavlFuvs pug maols , puv 'suTam aalvn 'papTAoad aq o1 asnaa ao 'apTAoad IITn lI (o) pug !(pauno ljalvncid aaan 1T ;T Kaon ao; alts xaldmo3 aql lsucg3w passassa aq pjnon sv gunoma gons slsao luamdolanap xaldwo3 su KgTjvdtoTung aqg of Cvd jjags uocsstmmo3 aq1 ;oaaagn uoTlvaapTsuoo uT) olaaagl ssaoog alvnbapv apTAoad of 4awssaoau ao xajdwo3 gons 3uTpunoq slaaals jjm 'ao; smljanapTs apTAoad pug 'anvd IanoadmT 'apgaS 11T -m pug 'ao; puvl ;o suoTgvotpap gaussaoau ld000v 11T -n 1I (q) puv !X3TIvdToTunK agl oq ajgvldaoow suotggoT;Toads g1Tn aauwpa000v uT ;oaaagl 3uTAvd pug 'luaurJAaadwt '3uTpva3 vq1 palaldmoo svq °spun; quawdolanap xaldwo3 ;o Ino 'uoTSSTwwo3 aql aag3v xaldmo3 gons ;o aaag aql uTg1Tn s�,llvnapts 3UUDUCp17 pug 's,Sajjg 'spvoa `sgaaals aoTaaluT ilv ;o uoT}gotpap aq-3 ldaooa TiFr+ 1I (v) :uotssTmmo3 aq1 moa; ao;aaagl lsanbaa uallTan v ;o ldtaoaa aal;v amTl ajgwuosvaa a ucglTn lagl soaaSu aaglan; KITIVdtotunlg aql 4xaldwo3 Xua o1 loadsaa ul I•e uoTloas •xaldwo3 gons ;o uaTlvalsTuTmg pug luamdojanap aql ggTn aotloauuoo uT kiussaoau puT; ,Cam uocssp=3 pug (aTjvdTotunjq aqq sw sKvn ao uoTlou In3mul aaggo gons Kq uoTssTwwo3 aqq ggTn agvaadoo3 (a) pug !xaldmo3 uons ;o luawdolanap aqg ao; faussaoau-auaumsua ;o sluva3 ldooa-.1 (p) !;aaaagl uaT}oazo-d puv luawdolanap aq1 103 kivssaoau pug ajgauosvaa gag puv saouvlswnoato atll aapun alvFadoaddu swz)op ITouna3 s1T su xaldwo3 gons ;o K10ITual 3uTpunoaans pug agTs aq} ;o 3uTuoz Suv uT sa3uvgo tions aKuv pug !xaldwo3 gong ;o uoTlvalsTuTn:pv pug guaiudojanap aqg uT XouaFoT33a pug Xwouooa alowoad o1 fCayssalau pug ajgvuosvaa aav pug saouvlsmnoaTo aq1 aapun olvTadoaddv s=ap TTouno3 s1T sv (jTjwdToTunj4 aq] ;o opoo 3uTP'jTnq aq} ;o saanTen gans 3uva3 'os op Cjjnjmuj Cvw XlTlvdToTunl,l aql su av;osul (o) g'Iqvrl-IVA/�V�R,, 4 'TT1 n JV-['.- Section 7. No Cooperation Resolntion heretofore entered into betwvan the Municipality and the Cannission shall be construed to aP1,ly to any Complex covered by this Resolution. Section B. In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and ,-r::ninistraticn of the Canplex or Canplexes to the fullest extent permitted by I. :. It was noved by Neuhauser and seconded by deProsse that the Resolution as read be adopted and roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Neuhauser x Perret x Roberts x Erdahl x Vevera Passed and approved this 17th day of A=T: ' City Clerk G ly 1979, Mayor RrCEII'E.D A APT'^.'; rn 111 s1T. LEGAL IOV-'-{!MzO j67 RESOLUTION NO. 79-330 /6", - -/t-/z RESOLUTION AMENDING SALARIES, COMPENSATION AND CHANGING POSITION TITLE FOR CLASSIFIED PERSONNEL AND PROVIDING FOR VARIOUS POSITION CHANGES. WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THERFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The elimination of one budgeted Maintenance Worker I position in the Cemetery Division, Range 1 of the Classified Pay Plan. 2. The addition of one Maintenance Worker II position in the Cemetery Division in Range 4 of the Classified Pay Plan. 3. The elimination of one budgeted Maintenance Worker II position in the Parking Enforcement Division, range 4 of the Classified Pay Plan. 4. The addition of one Maintenance Worker III position in the Parking Enforcement Division in range 6 of the Classified Pay Plan. 5. The change of position title Rehabilitation Construction Specialist to Rehabilitation Officer in the Rehabilitation Division in range 12 of the Classified Pay Plan. It was moved by Neuhauser and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: . NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of July 1979. Mayor ATTEST: /i - c City Clerk 71:71VED & APPROVED BY THE LEGAL ,EPARTMENT 7-1 � 1(5�5 RESOLUTION NO. 79-331 RESOLUTION AWARDING BIDS FOR THE NEIGHBORHOOD SITE IMPROVEMENT (NSI) ALLEY GRAVELLING PROGRAM WHEREAS, proposals were sent out on June 29, 1979 to the three nearest quarries for the provision of gravel for the NSI Alley Gravelling program; and WHEREAS, the attached bids were received by July 10, 1979; and WHEREAS, the Engineering Department has certified that the attached bids are in order. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following bid be accepted: To the River Products Company, Inc. in the amount of $47,233.12 ($5.17 a ton) for crushed stone. Purchases will be made from the successful bidder in accordance with the specifications and conditions described in the "Form of Proposal" sent to each bidder. Unit prices submitted by the successful bidder will be used, -and the quantities and alleys listed may be added to or subtracted from that proposal. Contracts will be awarded expending the total amount of NSI Alley Gravelling funds, $39,250.00. It was moved by Ferret and seconded by Roberts that the resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X: Balmer x deProsse X Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 17th day of July 1979. /7 MAYOR D 70 ATTEST: /� i RECEIVED & AFFROVED •City Clerk BY THE LEGIS, DEPARTIMT .7 -//- � 9 /J/�_ l ' RESOLUTION N0. 79-332 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with The River Products Company, Inc. , a copy of said contract 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 contract to purchase crushed stone for the Neighborhood Site Improvement Alley Gravelling Program in accordance with the specifics laid out in the "Form of Proposal" sent out to each bidder. 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 River Products Company, Inc. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Balmer and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Roberts Passed and approved this 17th day of July 1979. Mayor ATTEST: radl- '/v/--(',�' , � City Clerk / 9-� 5Z RECEIVED & AFFRJVED BY THE LEGAL DEPARTMENT FORM OF PROPOSAL TO: CITY OF IOWA CITY Civic Center Engineering Department Iowa City, Iowa 52240 DATE: June 29, 1979 PROJECT: ALLEY GRAVELLING HCDA PROGRAM We propose to do the following work and/or furnish the following materials at the unit price shown below: ITEM DESCRIPTION ESTIMATED UNIT QUANTITY 1 Crushed Stone, 3/4" Tons Delivered and spread, meeting the requirements of Section 4120.04 of State Specifications. 9136 UNIT EXTENDED PRICE AMOUNT $ 5.17 $47,233.12 TOTAL EXTENDED AMOUNT $47,233.12 Attached is a proposed list of alleys to receive gravel. The quantities and alleys may be added to or subtracted from that proposal. The City crews will be doing the grading during the dumping process. A minimum of three dump trucks with dual axles and 12' maximum box shall be used at all times during the process of gravelling alleys. Please return this bid proposal by July 10, 1979 We certify that all materials, equipment and workmanship involved in the above items of construction shall conform to the Iowa Department of Transportation Standard Specifications, Series 1977 where applicable. FIRM Iver rod cts Company. Inc. BY: Thomas R. Scot Manager The above prices, specifications and hereby accepted. You are authorized to do made as outlined above. DATE: July 6, 1979 BY: conditions are satisfactory and are the work as specified. Payment will be MOOR RESOLUTION NO. 79-333 RESOLUTION REVOKING THE DESIGNATION OF THE DEY BUILDING CORPORATION AS THE PREFERRED DEVELOPER OF DISPOSITION PARCEL 64 WHEREAS, the City of Iowa City received Offers to Purchase Land for Private Redevelopment on September 15, 1977; and WHEREAS, the City Council of the City of Iowa City, Iowa, did, by Resolution No. 77-392 dated October 4, 1977, designate the DEY Building Corporation as the preferred developer of Disposition Parcel 64; and WHEREAS, the Solicitation of Offers to Purchase and Redevelop Disposition states that each developer will be expected to execute a land disposition agreement within 120 days unless the time is extended by the City; and WHEREAS, the City and the DEY Building Corporation have not agreed upon contract terms and conditions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the designation of the DEY Building Corporation as the preferred developer of Disposition Parcel 64 is hereby revoked. It was moved by Balmer and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x dcProssc x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of July 1979. Mayor Attest: lym-Q City Clerk 5E13 RECE.ITF,D ; IMOTED' BY T;iF. Lg4r I113ART1F.1�' RESOLUTION NO. 79-334 RESOLUTION AUTHORIZING RD-ASSIGnMENT OF REAL ESTATE ODNTRACT FOR PENTACREST GARDEN APART+dEM WHEREAS, Resolution No. 77-450 authorized the sale of certain urban renewal property to Pentacrest Garden Apartments under date of November 22, 1977, and WHEREAS, a contract was entered into between the City of Iowa City, Iowa, and Pentacrest Garden Apartments for the sale of certain land under date of November 23, 1977, and WHEREAS, on November 30, 1977, the City of Iowa City, Iowa, conveyed by Warranty Deed to Pentacrest Garden Apartments, a partnership, the real estate covered by said contract herein above and described as follows, to -wit: All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to -wit: Lot 1, 2, 3 and 4 in Block 93, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof; and all of Lot 5, all of Lot 6, Lot 7 except the north 50 feet of the east 25 feet of said lot, Lot 8 except for the east 25 feet of said Lot, in Block 101, and the Capitol Street right-of-way frau the south right- of-way line of Burlington Street to the north right- of-way line of Court Street, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to an easement over the following described area: Commencing at the northeast corner of Block 93 of the Original Town of Iowa City, Iowa; thence easterly along the south right-of-way line extended of Burlington Street, 15.36 feet to the point of beginning; thence southerly 320.00 feet frau said right-of-way line along a line parallel to*the east line of Block 93; thence westerly 3.50 feet along a line parallel to the north right-of-way line of Court Street; thence southerly 60.00 feet along a line parallel to the east line of Block 93 to the north right-of-way line extended of Court Street; thence easterly 68.00 feet along said right-of-way line extended; thence northerly 5.00 feet along a line parallel to the east line of Block 93; thence westerly 22.00 feet along a line parallel to the north right-of-way line of Court Street ex- tended; thence northerly 375.00 feet along a line parallel to the east line of Block 93 to the south right-of-way line extended of Burlington Street; thence westerly along the south right-of-way line of Burlington Street, 42.50 feet to the point of beginning. 70 6 Resolution No. 79-334 Page 2 Flom WHEREAS, under date of December 2, 1977, Pentacrest Garden Apartments, by James A. Clark and Loretta C. Clark, the partners therein, conveyed said property to Agent Corporation, and WHEREAS, on November 22, 1977, the City was notified of the request to transfer by Pentacrest Garden Apartments to Agent Corporation, pursuant to Section 503, Part II of the contract for sale of the land for private redevelopment, and WHEREAS, on December 2, 1977, John Hayek, City Attorney, and Neal Berlin, City Manager, approved the transfer pursuant to authority granted to them by Council action on November 22, 1977, and WHEREAS, Agent Corporation now intends to transfer the said real estate hereinabove described back to Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, and WHEREAS, pursuant to Section 503, Part II referred to hereinabove, request is again made to the re -assignment of the real estate and re- development contract by Agent Corporation back to Pentacrest Garden Apart- ments so the real estate is owned by Pentacrest Garden Apartments and the contract is between Pentacrest Garden Apartments and the City of Iowa City, Iowa, the same as it was in the original instance on November 23, 1977. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY: 1. The City of Iowa City, Iowa, pursuant to Section 503, Part II of the contract for sale of land for private redevelopment originally entered into between Pentacrest Garden Apartments and the City of Iowa City, Iowa, now gives formal and unequivocal consent and approval to the transfer of real estate and re -assignment of the original contract between Pentacrest Garden Apartments and the City of Iowa City, Iowa, dated November 23, 1977, to the end that Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, now has complete ownership of the real estate covered thereunder,.and full privity of the contract with the City. 2. The City of Iowa City, Iowa, further consents to the transfer of any interest of Agent Corporation in the subject real estate to Pentacrest Garden Apartments. /-l7 Resolution No. 79-334 Page 3. 3. The City of Iowa City, Iowa, will promptly seek to enter into an agreement with Johnson County, Iowa for the payment under protest of the real estate taxes in this matter. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X DeProsse X Erdahl X Neuhauser X Perret x Roberts X Vevera Passed and approved this 24th day of July , 19,79. Mayor Attest: , del- Z • � 1tik�J City Clerk I I/ IESOLUTION NO. 79-335 1 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLILiITM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approve for the following named person or persons at the following described location: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as res re—�Fe adopted, and upon roIT—call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest: City Clerk 9�� 19 jv RESOLUTION NO. 79-336 RESOLUTION OF APPROVAL OF CLASS A Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x deProsse _ Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: J City Clerk 09 31st day of July Mayor 9�lcl) 5 RESOLUTION NO. 79-337 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: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. it was moved by Balmer and seconded by Perret that the Resolution as read e a opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 197 9 . Mayor Attest: City Clerk u 1 I� A� RESOLUTION NO. 79-338 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest:• _ City Clerk RESOLUTION NO. 79-339 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is' hereby approved for the following named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July , 19 79 O Mayor I // Attest: "/Z� City Clerk 7 6,3 RESOLUTION NO. 79-340 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Needs, Inc., 18 South Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest:1'//-'z-.2- z-�—zL City Clerk 9�f� AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest:1'//-'z-.2- z-�—zL City Clerk 9�f� RESOLUTION NO. 79-341 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store N2, 310 North 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x Passed and approved this 31st day of Mayor Attest:�� City Clerk August 19 79 765✓ a ti RESOLUTION NO. 79-342 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 North 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: City Clerk ABSENT: x 31st day of Mayor July RESOLUTION NO. 79-343 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATI6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: James J. Tucker dba Tuck's Place, 210 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as re -a be adopted, and upon -Roll -=ca there were: AYES: NAYS: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st Attest: City Clerk ABSENT: x day of -July 19 79 Mayor 96 7 RESOLUTION NO. 79-344 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or, persons at the following described location: Bull Market, Inc. 325 E. Washington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State Law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read iie adopted, and upon rZ ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest: City Clerk 14 9� 9 / RESOLUTION NO. 79-345 RESOLUTION TO REFUND CIGARETTE PERMIT W11EREAS, Regal Vending dba Applegate's at 1411 South Gilbert Lancing in Iowa City, Iowa, has surrendered cigarette permit No. 80-65 , expiring June 30 , 19 80 , 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. $0-65 , issued to Regal -Vending dba Applegate's Landing 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 $ 75.00 , payable to Regal Vending as a refund on cigarette permit No. 80-65 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 31st dayo f ////,July �� , 19 79 Ye a' Mayor Attest: & � AYES:AN YS: ABSENT: Balmer x deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 31st dayo f ////,July �� , 19 79 Ye a' Mayor Attest: & � RESOLUTION NO. 79-346 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: Inn Ho Shinn dba East-West Oriental Foods, 615 Iowa Ave. Osco Drug, Inc. dba Osco Drug #826, 120 E. College St. Regal Vending dba The Sanctuary, 405 S. Gilbert St. DOMLL, Inc. dba Hilltop D -X, 1123 North Dodge St. Charles J. Christensen dba Chuck's Clark, 504 E. Burlington Joseph Momberg dba Maid -rite, 630 Iowa Ave. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 19 79 . Attest: v City Clerk R 31 st day of July , Mayor �76 RESOLUTION NO. 79-347 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Osco Drug, Inc. 120 E. College St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of Mayor Attest:�29-;7j/�z;?—') City Clerk July 19 79 '9� yi RESOLUTION NO. 79-348 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persona at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba The Sanctuary Restaurant, 405 South Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution ass reaT—ee adopted, and upon-i'571—c-aTT there were: AYES: NAYS: ABSENT: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberta x Vevera x Passed and approved this 31st day of Mayor Attest: City Clerk N July , 19 79 f-7�2 S RESOLUTION NO. 79-349 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba The Sanctuary Restaurant, 405 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: Passed and approved this 31st 19 79 Attest: City Clerk < Mayor ABSENT: x day of July , 9"73 .1 RESOLUTION No. 79-350 RESOLUTION FOR DEDICATING A TEN -FOOT WALKWAY EASEMENT AND ABANDONING AND WITHDRA14ING THE EXISTING WALKWAY EASEMENT FOR MOUNT PROSPECT, PART III WHEREAS, the original owner and proprietor of Mount Prospect Addition, Part III, to Iowa City, Iowa, according to the recorded plat thereof has requested that the City of Iowa City, Iowa, abandon and release a walkway easement previously granted to the City of Iowa City, as a part of the Dedication of said subdivision, which walkway easement has been discovered to be misdescribed; AND WHEREAS, the original owner and proprietor, Frantz Construction Co., Inc., has now dedicated to the public and the City of Iowa City, a walkway easement with the correct location shown thereon; AND WHEREAS, the dedication of the walkway easement in the correct location is advantageous to the City of Iowa City and coordinates the walkway easement with similar walkway easements in abutting subdivisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the walkway easement previously dedicated to the City and being described as 10 feet in width centered on the coincidental line of Lots 147 and 148 in Mount Prospect Addition, Part III, to the City of Iowa City, is hereby abandoned and said easement is hereby released and the rights acquired thereunder extinguished. BE IT FURTHER RESOLVED that the City Clerk of Iowa City is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Adopted at a regular meeting of the City Council on the 31St day of,. July 1979. May Received#pproved Clerk By The Legal olek reset 17 Page 2 79-350 Resolution No. It was moved by Perret 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July 1979. STATE OF IOWA ) COUNTY OF JOHNSON ) SS: -z - I, ABBIE A. STOLFUS, Clerk of the City of Iowa City, do hereby certify that the above and foregoing is a true and exact copy of a Resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the day of 1979, all as the same appears of record in my office. DATED at Iowa City, Iowa, this _/S i day of 1979. ABBIE A. STOLFUS, Clerk of the City of Iowa City, Iowa. �oa�M JUL. 1 8 1979 ABBIE STOLFUS, CMC Received 9- Approved CITY CLERK (3) By The Legal Departmen► RESOLUTION NO. 79-351 RESOLUTION APPROVING FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR WHEREAS, the owner, Hy -Vee Food Stores Inc. , has filed with the City Clerk of Iowa City, Iowa, an app cat on for approval for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Commencing at a point on the south line of the SW 1/4 of the SE 1/4 of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, which point lies N 87 29' 40" E, 237.40 feet of the SW corner of said SE 1/4, Sect. 15-79-6, as recorded in BoBk 12, page 14, Johnson County, Iowa; Thence continuing N 87 29' 40" E, 715.85 feet along said south line of the OW 1/4 SE 1/4; Thence N 00 17' 000 W, 363.30 feet; Thence S 89 43' 00" W, 166.00 feet; Thence N 00 17' 00" W, 265.01 feet to a point on the southerly right-of-way line of U.S. Hwy #6; Thence N 690 48' 00" W, 1.90 feet on said southerly right-of-way line to a R.O.W. Rail at the P.T. of the highway curve and is 150 feet normally distant from the centerline of said right-of-way at centerline station 176+25.95; Thence Northwesterly 31.43 feet on said southerly right-of-way line along a 14,175 foot radius cu6ve concave southwesterly, whose 31.43 foot chord be$rs N 69 51' 48" W, to the Point of Beginning. Thence N 00 25' 00" W, 53.38 feet; Thence Northwesterly 23.21 feet along a 14,255 foot radiu8 curve concave Southwesterly whose 23.21 foot chord bears N 69 56' 26" W; Thence Southwesterly 183.78 feet along a 533.00 foot radius curve, concave Southeasterly whose 182.87 foot chord bears S 040 35' 40" W; Thence S 05 17' 00" E, 10.36 feet; Thence Southeasterly 40.75 feet along a 467.00 foot radus curve concave Southwesterly whose 40.74 foot chord bears 6 02 47' 00" E; Thence S 00 17' 00" E, 4.93 feet; Thence N 89 41' 00" E, 35.17 feet; Thence N 000 25' 00" W, 176.69 feet to the Point of Beginning; said tract containing 0.19 acres more or less. WHEREAS, said property is owned by Mary Lucille Boyd and Frank Boyd and Freida L. Rummelhart and John Rummelhart, and no dedications 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, 1LLkeerbv� '�: �a;�p, "tea �/e aRfllOpf Resolution No. 79-351 Page 2 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. 4. That signs Including two (2) "crossbucks" signs, one faclnq west and the other facing east, and a "railroad advance warning" sign facing west shall be placed at the railroad tracks along the existing and unauthorized drive at the west side of the above described tract, 7Tf Resolution No. Page 3 75 It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE Abstain ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 31st day of July 19 79 WOR ATTEST: 6j'—z Sz� CITY CLERK ` 7/ -,- . RESOLUTION NO. 79-352 RESOLUTION APPROVING BOYRUM ADDITION WHEREAS, the owners and proprietors, Mary Lucille Boyd and Prank Boyd, wife and husband, and Preida L. Rummihast and John Rummelhart, wife and husband, have filed with the City Clerk the slat and subdivision of the following described premises located in Johnson County, Iowa, to -wits Co= ancing at a point which is N87029140"E, 237.4 feet from the Southwest corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; Thence Ni7629140"E, 715.03 feet along the South lino of the Southeast Quarter Section 15- 79-67 Thtince 1900.17100"N, 363.00 feed Thence 889043100-w, 166.00 feett Thence 1400•17'00,W 99.97 feet) Thence S 89041100"w, 66.00 feet to the Southeast corner of said Lot 1 and the Point of Beginnings Thence 889.41100"w, 711.46 feet to a Point 14.00 feet normally di©tant from the center- line of a Chicago, Rock Island and pacific Railroad branch liner Theace NO3"51'00"M, 230.00 feet, Thence NO2•3i'22°w, 189.61 feet; Thence NO2038122" W, 53.22 feet► Thence 972.57114"E, 72.52 feet along a line 100 foot normally distant from the center- line Of U.S. Hwy f61 Thence Southeasterly, along said line, 720.47 feet along a 14,221 foot radium curve, concave Southwesterly, whose 720.39 foot chord bears S71030116"E, to a point on the westerly Right -of -Way of soyrum Streets Thence southwest ly along said Right-of-way line 183.78 feet, along a 533.00 foot radius curve, concave Easterly and whose 102.87 foot chord bears SO4035140"10 Thence S05017100 -E, 10.36 feet0 Thence Southwesterly 40.75 Peat along a 467.00 foot radius curve concave Westerlyi whose 40.74 foot Chord bears S02047100"Et Thence 600.171000b, 4.93 feet to the Point of Beginning. Said tract of land containing 6.12 acres. WHEREAS, said property is owned by the above-named owners and the dedication has been made with the free consent and in accordance with the desire of the proprietors. WHSREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements. wHERBAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision•be accepted -and approved. NOW THERMRE HE IT PJ39OLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property ba, and the same is hereby approved, and the dedication of the etreetc and parks as by law provided is hereby accepted. Res. No. 79-352 Page 2 Upon roll call, the following vote was taken. BALMER Aye x Nay Absent dePROSSE Aye Nay Absent x ERDAH+ Aye _ _ Nay Absent Abstain NEUHAUSER Aye x Nay Absent PERRET Aye Nay x Absent ROBERTS Aye x Nay Absent VEVERA Aye 'x Nay Absent The foregoing is hereby duly certified by Abbie Stolfus 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 31st day of July 1979. WE Passed and approved this 31st day of July , 1979. Mayor ATTEST: City Clerk RESOLUTION N0. 79-353 RESOLUTION OF SUSPENSION OF LIQUOR CONTROL LICENSE WHEREAS, 95-35(2) of the Code of Ordinances of the City of Iowa City provides that a liquor control license or beer permit may be suspended for up to one year for any violation of law, including a violation of the Code of Ordinances of the City of Iowa City, and WHEREAS, the Human Rights Commission of the City of Iowa City has found that Ambrose-Lovetinsky, Inc. d/b/a Woodfields violated 918-33(a) on June 23, 1979 by denying to persons the full and equal enjoyment of its public accom- modations, and WHEREAS, the Human Rights Conmission has found and certified to the Council of the City of Iowa City, pursuant to 918-43(a)(2) i of the Code of Ordinances of the City of Iowa City, that Ambrose-Lovetinsky, Inc., d/b/a Woodfields, en- gaged in a discriminatory practice that was knowingly and recklessly tolerated by Mr. Harry Ambrose, an officer of the corporation, and WHEREAS, the City Council of Iowa City has determined that the liquor control licensee, Woodfields, has engaged in discriminatory and unfair practices that should not and will not be tolerated by the City Council and citizens of Iowa City, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The liquor control license issued to Ambrose-Lovetinsky, Inc. d/b/a Woodfields on February 24, 1979 be suspended for four months effective Auqust 1, 1979 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 Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and adopted this 31st day of July , 1979. MAYOR ATTEST ✓-"/ "f .'O j CITY CLERK O 9 RECEIVED b APFROIM BY TSE LEG9I DEPARTMENT RESOLUTION NO. 79-354 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF Sunset Street Improvement 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 plane, 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 $2.300. 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 13th day of August , 197g. 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 14th day of August , 19-D _. Received & Approved 6y The Legal Department 9�3 Page 2 Resolution No. 79-354 It was moved by Perret and seconded by Balmer that the Resolution as rea e�Topte3, and upon roll cast eiF re were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July , 1979 ATTEST: (2(141� jz�L CITY CLERK MAYOR rA 12? , / • t'. RESOLUTION NO. 79-355 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF RIVER CORRIDOR SEWER PROJECT 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: That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by Balmer and seconded by _ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x x Passed and approved this ROBERTS VEVERA 31st day of ATTEST: �2&_ X&��J CITY CLERK July MAYOR Perret 19 79 Received & Approved By The Legal Department RESOLUTION NO. 79-356 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY80 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 115-000. 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 14th day of AygijGt 19 7Q Thereafter, the bids will be opened by the City Enolneer , 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 August , 19 79 - Reaehred & Approved By The Legal Department yg J Page 2 Resolution No. 79-356 It was moved by Neuhauser and seconded by Perret that the Resolution as rea ecT5iacopted, and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July 19 79. ATTEST:.(21dw- flQ CITY CLERK MAYOR REsowrION No. 79-357 RESOLUTION ACCEPTING SANITARY SEWER IMPROVEMENTS RESUBDIVISION OF LOT 30, CONWAY Wfi mm, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer as constructed by Knowling Brothers Construction Company, Coralvllle, Iowa for Lots 1 through 20 of Resubdivision of Lot 30, Conway's Subdivision. AND WfiMAS, Maintenance Bonds for Know IIna Bros- Const. Co. 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 Balmer and sem by Erdahl that the Resolution as read be accepted, and upon roll call there were: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 31st AYES: NAYS: ABSENT: x day of July 1979 62e -z&4 Ude.9 92E:�-, — Mayor City Clerk R"aW A Approved By The Legal Departrraen►t -- T– e - >9 .0,p l am RESOLUTION NO. 79-358 RESOLUTION ACCEPTING STORM WATER STORAGE FACILITIES WEDGEWOOD APARTMENTS L.S.R.D. WHEREAS, the Engineering Department has certified that the following iwrovenents have been completed in accordance with plans and specifications of the City of Iowa City, Storm water storage facilities In Wedgewood Apartments, L.S.R.D. as constructed by D $ G Construction of Cedar Rapids, Iowa. NOW TMU70RE 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 Balmer and seconded by Roberts that the Resolution as r accepted, and upon roll call there were: AYES: NAYS: ABSENT: DEPROSSE x EROAHI x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 31st day of July 19 79 Mayor - ATTEST: „ [ City Clerk Received & Approved By The Legal Depadn)ent i RESOLUTION No. 79-359 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE TRUCK WASH BUILDING AT THE IOWA CITY SERVICE CENTER WHEREAS, R. K. Home Improvements 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 R. K. Home Improvements of Iowa City Iowa - $53,990.00 , 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 upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 31St day of July 1979 ATTEST: (2?/ CITY CLERY MAYOR ,,��Rechheiived & Approved _BKHrs a`I 2101 11 RESOLUTION NO. 79-360 RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA CITY, IOWA, TO ENGAGE IN A NEIGHBORHOOD REDEVELOPMENT PROGRAM. 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 following area has been found to be in need of conservation, rehabilitation and redevelopment to prevent decay and the spread of blight, to wit: An area bounded on the north by Court Street, on the east by Gilbert Street, on the south by Kirkwood Avenue and on the west by Dubuque Street, as illustrated on the map attached hereto and by this reference made a part thereof. 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. 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 Perret and seconded by Erdahl- that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of yJuly 1979. MAYOR ATTEST: C TY CLERK S ,ppEO� IM31vo DEPARTMENT BY THE y$GAL -97-7 ,791 W W IG DOM W 3 O mi rl NMI 4 oo �� s a M EXISTING NEIGHBORHOOD . PROJECT BOUNDARY i (STREET CLOSED TO TRAFFIC ?��� VACATED STREETS 00 BLOCK NUMBER ao PARCEL NUMBER r'r' SCALE+o®roan CITY RESOLUTION NO. -79-361 RESOLUTION AMENDING A PREVIOUSLY ESTABLISHED AMOUNT OF JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT (PARCEL NO. 7). WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban Systems, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City Council of Iowa City, on May 29, 1979, adopted a resolution establishing the amount of $107,800.00 as just compensation for the purpose of acquisition of necessary right-of-way and an uneconomic remnant from Parcel No. 7, South Gilbert Street Improvement Project; and, . WHEREAS, the City has received appraisals, staff reports and recommendations concerning the just compensation for the said Parcel No. 7, and has reviewed the appraisals, and reports, and being familiar with the said Parcel No. 7, desires to amend the previously established amount of just compensation for the purpose of acquisition of only the necessary right-of-way and not the uneconomic remnant from the said Parcel No. 7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amount listed below is hereby declared to be the amount of just compensation for the purpose of acquisition of the necessary right-of-way from Parcel No. 7, South Gilbert Street Improvement Project. The Staff of the City is hereby authorized to continue negotiations for the pur- chase of said property and the Mayor and the City Clerk are authorized to contract for the purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the acquisition of said property. This resolution certifies that .the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Real Estate Interest Parcel Owners Amount of Just Compensation 7 David Braverman and the DJ Trust, $106,800.00 Edmund Gatens, Trustee 9� 3 'Res. No. 79-361 -2- It was moved by Roberts and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31St day of ATTEST: rju-g Aaj) City Clel 1979. Mayor RECEIVED • APPROVED R TH�LEC►j, EP TMNT K1S ri 2� RESOLUTION NO. 79-362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT (PARCEL NO. 7). WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property described below; and, WHEREAS, in order to acquire said property, the City desires to enter into a contract for the purchase of the real property described below with the owners of said property: David Braverman and the DJ Trust, Edmund Gatens, Trustee. 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 a contract for the purchase of the real property described below: Commencing at the NE corner of Lot Two (2) in Part b Southgate Addition to the City of Iowa City, Iowa, thence N78 27100"W 60.00 feet along the north line of said Lot Two (2) to the goint of beginning; thence S11°33'00"W 148.00 feet; thence N78 2710011W 68.69 feet; thence N11°33'00"W 24.14 feet; thence northeasterly 130.74 feet along a 829.55 foot radius curve concave northwesterly and whose 130.61 foot chord bears N30003103"E; thence S78027'00"E 27.25 feet to the point of beginning. Said parcel contains 7,596 square feet more or less. Commencing at the NW corner of Lot Two d2) of Part I Southgate Addition to the City of Iowa City, Iowa; thence Sll 3310011W 123.86 feet to the point of beginning; thence S11°33'00"W 215.35 feet; thence southwesterly 20.96 feet along a 1015.83 foot radius curve concave southeasterly and whose 20.96 foot chord bears S29036108"W; thence S890 5814911W 96.08 feet; thence northeasterly 218.61 feet along a 1100.83 foot radius curve concave southeasterly'and whose 218.25 foot chord bears N320161161'E; thence N3705713711E 6.44 feet; thence northeasterly 49.16 feet along a 829.55 foot radius curve concave northwesterly and whose 49.15 foot chord bears N3601510711E to the point of beginning. Said parcel contains 12,121 square feet more or less. Beginning at the NW corner of Lot Five (5) in Part I Southgate Addition to the City of Iowa City, Iowa; thence S7802710011E 59.66 feet; thence southwesterly 9.26 feet along a 914.55 foot radius curve concave northwesterly and whose 9.26 foot chord bears S37040113"W; thence S3705713811W 6.44 feet; thence southwesterly 137.73 feet along a 1015.83 foot radius concave southeasterly and whose 137.63 foot chord bears S34004'3411W to the westerly line of Lot Five (5); thence N11°33'00"E 141.21 feet along the westerly line of Lot Five (S) to the point of beginning. Said parcel contains 4143.32 square feet more or less. Res. No. 79-362 -2- It was moved by Perret and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl �— Neuhauser x Perret x Roberts x Vevera Passed and approved this 31St day of Ju ATTEST: jla—'t" City C erk 1979. Mayor FMCEIVED S iPPROVED BY THEXGAL FF;:? RENT ( I p 4 57/ low CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY Parcel No. 7 IDOT Agreement No. 78-S-083 Project No. M-4051(2)--81-52 Road: South Gilbert Street THIS AGREEMENT made and entered into this day of , 1979, by and between David Braverman and the D.J. Trust, Seller, and the CITY OF IOWA CITY, Buyer. In consideration of the agreements, covenants, and provisions herein contained, Seller hereby agrees to sell and furnish to Buyer a Warranty Deed on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: Commencing at the NE corner of Lot Two (2) in Part I Southgate Addition to the City of Iowa City, Iowa, thence N 78027'00" W 60.00 feet along the north line of said Lot Two (2) to the point of beginning; thence S 11033'00" W 148.00 feet; thence N 78027'00" W 68.69 feet; thence N 11033'00" W 24.14 feet; thence northeasterly 130.74 feet along a 829.55 foot radius curve concave northwesterly and whose 130.61 foot chord bears N 30003'03" E; thence S 78027'00" E 27.25 feet to the point of beginning. Said parcel contains 7,596 square feet more or less. Commencing at the NW corner of Lot Two (2) of Part I Southgate Addition to the City of Iowa City, Iowa; thence S 11033'00" W 123.86 feet to the point of beginning; thence S 11033'00" W 215.35 feet; thence southwesterly 20.96 feet along a 1015.83 foot radius curve concave southeasterly and whose 20.96 foot chord bears S 29036'08" W; thence S 89058'49" W 96.08 feet; thence northeasterly 218.61 feet along a 1100.83 foot radius curve concave southeasterly and whose 218.25 foot chord bears N 32016'16" E; thence N 37057'37" E 6.44 feet; thence northeasterly 49.16 feet along a 829.55 foot radius curve concave northwesterly and whose 49.15 foot chord bears N 36015'07" E to the point of beginning. Said parcel contains 12,121 square feet more or less. Beginning at the NW corner of Lot Five (5) in Part I Southgate Addition to the City of Iowa City, Iowa; thence S 78027'00" E 59.66 feet; thence southwesterly 9.26 feet along a 914.55 foot radius curve concave northwesterly and whose 9.26 foot chord bears S 37040'13" W; thence S 37057'38" W 6.44 feet; thence southwesterly 137.73 feet along a 1015.83 foot radius concave southeasterly and whose 137.63 foot chord bears S 34004'34" W to the westerly line of Lot Five (5); thence N 11033'00" E 141.21 feet along the westerly line of Lot Five (5) to the point of beginning. Said parcel contains 4143.32 square feet more or less. The premises include all estates, rights, title and interests in the real property specified subject to all easements, whether temporary or permanent. Seller consents to the proposed establishment, realignment and/or any change of grade of South Gilbert Street and hereby accepts payment under this contract for any and all damages arising therefrom. The premises also include all rights, title, interest and leasehold in all advertising devices and the right to erect such devices as are located thereon. This contract shall apply to and bind the legal successors in interest of the Seller and Seller agrees to pay all liens and assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship, Seller agrees to obtain court approval of this A* 2 T contract if deemed necessary by the Buyer's attorney. Names and addresses of lienholders are: None 3. Seller agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises in Seller and agrees to make all necessary abstract corrections and Buyer agrees to pay the cost of continuing the same. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e, abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished by Buyer and paid in an amount supported by paid receipts or signed bills. 4. Seller warrants that there are no tenants on the premises holding under lease except: None Seller warrants that there are no tenants on the premises holding without lease except: None Buyer shall take the premises subject to the rights of the tenant. Subject to the payment of the Lump Sum, Seller does hereby assign his rights under the terms of said lease to so much of the leased premises as is the subject of this contract. 5. By signing this contract Seller does not jeopardize his right to - relocation assistance benefits for which he may be eligible under law. 6. Possession of the premises is the essence of this contract and Buyer may take immediate possesion of the premises per the terms of this contract for purposes set forth herein. Seller may at his option surrender possession of the premises, or building, or improvement, or any part thereof located thereon prior to the time at which he has hereinafter agreed to do so. Seller agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possesion, use and enjoyment of same. 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title and to surrender physical possession of the premises as shown on the Schedule listed below. Payment Amount Scheduled Performance Performance Date $ - on right of possession - S - on conveyance of title $ - on surrender of possession - $106,800.00 on possession and conveyance 30 days from date hereof $106,800.00 TOTAL LUMP SUM BREAKDOWN Land by fee 23,860 (SQ. FT.) including - (SQ. FT.) in presently established Highway Permanent Easement for - (SQ. FT.). Temporary Easements for 9,670 (SQ. FT.). Buildings -- Other Improvements including fence Access Control Damages to remainder $23,290.00. Buyer and Seller hereby agree that the amounts described herein constitute just compensation to Seller for all property interests described herein. 8. Claims for all lump sum payments are certain and due and payable on or before the date specified herein. Buyer may include mortgagees, lienholders, encumbrancers and taxing bodies as payees on warrants for contract payments. 3. If, and only if, the Seller, immediately preceding this sale, holds the title to the premises in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this contract, and any continuing and/or recaptured rights of Seller in said real property, shall be and continue in Seller as joint tenants with rights of survivorship and not as tenants in common; and Buyer, — in the event of the death of either of such joint tenants, agrees to pay any balance of the proceeds of this contract to the surviving Seller and to accept deeds solely from him. 10. It is agreed Buyer may enter on the premises, upon Seller signing the contract, if necessary for the purpose of obtaining field information. 11. Seller hereby grants to Buyer a temporary construction easement over the following described real property, to -wit: A strip of land 20 feet wide lying easterly of and adjacent to the east right-of-way line of realigned South Gilbert Street and extending from Station 67+47 to Waterfront Drive; also a strip of 20 feet wide lying westerly of and adjacent to the west right-of-way line of realigned South Gilbert Street and extending from Station 66+90 to the Highway N6 right-of-way line; all as shown on the South Gilbert Street construction plans. for the purposes of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant conveys to Buyer, and its agents, employees, and contractors employed by Buyer for the construction of said improvements, the right to enter and encroach upon the above described real property for the period of construction of said improvements. This grant includes, but is not limited to, the following purposes: excavation, removal of pavement, installation of sewers, installation of water mains, installation of pavement, sidewalks, and driveways, and grading the street, sidewalks or driveways to street grade. This grant may also include storage of equipment or materials on the above described real property. It is expressly understood -that Buyer, by accepting this grant of temporary construction easement, agrees to replace and repair any damage to said real property caused by said construc- tion and agrees to fine grade and reseed said real property. The said temporary construction easement shall become null and void upon completion of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. 12. This written contract constitutes the entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 4 pages. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. David Braverman SELLER: BY: THE DJ TRUST Edmund Gatens, Trustee SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of , 1979, before me, the undersigned, a Notary Public in and fo_r_t_he_7§t__at_e__o7 Iowa, County of Johnson, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Edmund Gatens further acknowledged that, as the Trustee of the DJ Trust, he was duly authorized to execute the foregoing instrument on behalf of the DJ Trust. Notary Public in and for the State of Iowa My Commission expires BUYER: CITY OF IOWA CITY BY MAYOR ATTEST: CITY CLERK BUYER'S ACKNOWLEDGMENT STATE OF IOWA SS COUNTY OF JOHNSON On this -7-d— day of , 1979, before me, the under- signed, a Notary Public in and foiP the State of Iowa, County of Johnson, personally appeared Robert A. Vevera and Abbie Stolfus, to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the said municipal corporation, executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said municipal corporation by the authority of its City Council; that the said Mayor and City Clerk as such officers acknow- ledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for State of owa My Commission expires 4Zd / AD RECEIVEb 1 lii'P,0' _D 9 6, L"si t 119ART11ENf RESOLUTION NO. 79-363 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, 601 SOUTH GILBERT 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, 601 S. Gilbert Street, Iowa City, Iowa, for the purpose of office space from July 1, 1979, to June 30, 1981, at a rate of $1,463 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 Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse Erdahl _x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July , 1979. ATTEST:�C4 CITY CLERK aez,, MAYOR EECEIVEm 6 APPRO;'$D Bi �8E LEGAL DEPART1CINT Goy , ( IOWA STATE RAR ASSOCIATION OR THE LEGAL EFFECT OF THE USE Official Form No. 30 OF THIS FORM, CONSULT YOUR LAWYER BEST `s DOCUMENT LEASE -BUSINESS PROPERTY AVAILABTE t1S LEASE AGREEM NT, a scutal in duplicate, made and entered into this day of fly , 19X777—, by and between talk• IOC' (hereinafter called the "Landlord") whose address for the purpose of this lease is 901 Sa►sth t3ilDart !t, Iona CitTe Io * Iona �22�® Streetl:l��®� rl IOM City, iC'6� l and (state) (Zip Code) (hereinafter called the "Tenant") whose address for the purpose of this lease Is 410 Balt WaShiIIgtoa Streate Iam City Iowa 32240 (Street and Number) (City) WITNESSETH THAT: (state) (Zip Code) I. PREMISES AND TERM. The Landlord, in consideration of the rents heroin reserved and of the agreements and conditions hore- in contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and lassos from Land• j, lord, according to the terms and provisions herein, th• following described real estate, situated in JOHNSON .ounty, Iowa, to wit: theprsai5*8 Cusrantly coaopiad by the Citp of Io.. City at 322 Zest Washington Street, Iowa City, Iotas also knevn as the Davis Buildings Consisting of the first float teeth Blind the ascarid floor North and South of the staitvall. i with the improvements thereon and all rights, easements and appurtenances thereto belongiV111116ch, more particularly, includes the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a to st Jurycommencingof mid- �l alghTIF the day previous to the first day of the lease term, which shall be an the _�dthof 19_ and eedIn of midnight on the last day of the loose term, which shall be on the day of 19 upon the condition that the Tenant pays rant therefor, and otherwise performs as in this lease provided. 10443.00 2. RENTAL. Tenant agrees to pay to Landlord as rental for said form, as follows: S per month. In advance, td rens meat becoming due upon StrikeIGJ pa�s - one (b) the dares--�ly 19 and the same amount, per mouth, In advance, on the day of each month thereafter, during the form of this lease. On u"t"Islo'14"ffe el4t��yY�E!!T°1 1i8$°yinar as.a for the following loving year in i proportion of the fLS bmtsau of Labor Standards - Consaser Price Index All Urban Constmarn for April 1979 with the same cost of living In 3: for Too All sums shall be paid at the address of Landlord, as above designated, or at such other pisco in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at 9 °/s 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 W sso- able to give possession qe sell data, Tenant's only damages aloll he a rebafing of the pro rata rental. fiasa 40�SQO�ael6@RR!lafRtaslt ��nhe form of this lease to use and to occupy the leased premises only for i For restrictions on such use, see paragraphs 6 (c 6 (d) and I I (b) below. ee i11�,9I,a 5. 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 promises for the form of this loose 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 premises at any time without notice, subject to this lease. 16. CARE AND MAINTENANCE OP PREMISES. 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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 expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts not less than $100,000 for any one person injured, and $500,000 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 chastised promises during the term thereof. Certificates or copies of said policies, naming the Landlord, and providing for fifteen (15) days' notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20) days from the date of the beginning of the term of this lease. As to insurance of the Landlord for roof and structural faults, sea paragraph 11 (a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the went of a partial destruction or damage of the leased promises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is roasonably ropai table within sixty (60) days after its occurrence. this loose shall not terminate but the rent for the leased promises shall abate during the time of such business interferon". 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 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 rate only to the data 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 than be en. titled to take such proportion of said award as may be fair and reasonable. (bj DATE OF LEASE TERMINATION. If the whole of the domised 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 loose will terminate of the expiration of the option form or forms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the farms 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 sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of low, 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, than 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 ( 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 lest 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 promises either or both a "For Rant" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the promises. 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 lien or other lien of any kind or character whatsoever, upon said promises 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 also 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 substitutionstherefor, 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 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 form of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised promises, 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 expanse, substitute for such items of personal property so sold or otherwise disposed of, a new or other Rom in substitution thereof, in like or greater value and adapted to the affixed operation of the business upon the demised premises. (bj Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandiso in the ordinary course of the Tenant's trade or budmess. coarrlant 1e71 be Te. raw. slel. v ;.Nen. ml' r.8a1. ,eUrvea. No n all .. may ee ,eProduced by any ���� , witbout perm,..ion, ib wr,li­ "'Iowa slate ear R,.oclalien. 21. RIGHTS CUMULATIVE.ar'ious rights, powers, options, elections and remedies of either party, provided -in this lease, shall be construed as cumulative and no ons of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed olthar Party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy 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 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 bo 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 United States mail box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and ovary covenant and agreement herein con• tained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the partici hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shell be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, farms or conditions of this lease to be kept or performed by Landlord or Tenant shall he in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties ,end delivered to the Landlo,d 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 promises. 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. a. Any improvements made by lessee shall remain at termination of this 21ease. h. Tenant shall remove all snot and ice on both. Washington and Gilbert Streets for the entire length of the building, and shall also main, tain the parking and lawn on Gilbert Street. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written. CITY OF IOWA CITY WASHINGTON PARK, INC. / BY: 12. -xitoc a✓ (MAYOR X 'gRILU GLASGOW, P siders B � CITX CLERK x} BY: C�S (c .c INDIVIDUAL "1 PRANK BOXD, SECRET Y ar '••�• STATE OF ro.s ai.t•rs COUNTY OF SS. TENANT a� o•A1ias On this day of 19_, before me, the undersigned, a Notary Public in and for said County and m,.... Is State, personally appeared and to me personally known to be the identical persons named in and who executed the within and foregoing insfrumenf, and acknowledged that they executed the same as their voluntary eat and dead. (SEAL) .--......_...__�..__._.._ ._ Notary Public in and for said County and State CORPORATION. STATE OF Iowa �o if neon �SS. COUNTY OF On this S day of UgUS A. D. 19 79 , before me, the undersigned o Notary Public in and for se' Cquppiiyy end $teie, personally eppaered o ert . Vevera and Abbie Jt01 TUS to me, personally kn�•w whi+ in6y me dui sworn, did se that the are the Mayor Wi and p y city y�erK y y y y inure c3 pa �.,a. respectively, of said �corpore�ion executing the xithin and foregoing instrument, that ( it dX4*AUd) corporation; ;hat said instrument was signed (and sealed) on aaT•ae. (the seal af'xe the to is the eal of said) municipal k zo� )a Robert A. Vevera Abbie ._.• sr.. sa behalf of yai :orpora},on by authority of its k9Q qp :and teat the said end Sto� u$ as such officers acknowledged the execution of said instrument to be the voluntary act and dead of said corporation by it and by them voluntarily executed. P // (SEAL) •------M-a-.rian-—.c_kssY___ Notary Public in and said County and State FIDUCIARY STATE OF COUNTY OF SS. On this day of A. D. 17 , 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 porion 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, n 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) members) of the Partnership executing the within and foregoing instrument and acknowledged that (he) (they) executed the some as the voluntary act and deed of said co.partner(s) by (him) (them) and by said partnership Voluntarily executed. ----------••---•• ._.__._�_._ Notary Public in and for said County and State For acknowledgment as a corporate fiduciary see obverse side of Court Officer Deed (Official Form No. 101. 14) RESOLUTION NO. 79-364 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCRn A "'e, 1 �,, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvges dor the followinnamed person or persons at the following described location: Senor Pablos Ltd., 830 1st Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdabl Neuhauser Perret Roberts Vevera Roberts and seconded by Perret as rea a adopted, and upon r Z�caIT Passed and approved this AYES: NAYS: ABSENT: x x x x x x x 14th 'day of August , 19 79 . Attest: City Clerk f /DOS RESOLUTION NO. 79-365 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Senor Pablos Ltd.,830 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of August 19 79 . y r ro _em //J Attest: ,eL ��^ , City Clerk ) /o,1)3 RESOLUTION NO. 79-366 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYZrA = BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—for the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as rea a adopted, and upon r 7 cell there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 14th day of August 19 79 .1 Attest: City Clerk RESOLUTION NO. 79-367 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera Passed and approved this 19 79 . M r Pro tem Attest: City Clerk x x 14th day of August /d 0.5J RESOLUTION NO. 79-368 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: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 It was moved by Roberts and seconded by— that the Resolution as reade adopted, and upon rol ca t ere were: AYES: Balmer deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera 19 79 NAYS: ABSENT: x x Passed and approved this 14th day of Attest: August /Q6 6 RESOLUTION NO. 79-369 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCAi'IaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: Plamor Bowling, Inc. 1555 - 1st Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Roberts and seconded by Perret as res a adopted, and upon rol�caII AYES x x x x x Passed and approved this 14th Attest: City Clerk NAYS: ABSENT: 9 day of August 19 79 /D D 7 ro em /D D 7 J� RESOLUTION NO. 79-370 RESOLUTION OF APPROVAL OF CLASS LJiqunr SUNDAY PERMIT APPI,ICA'rION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Plamor Bowling, Inc., 1555 - 1st Ave Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera 19 ABSENT: P x Passed and approved this 14th day of August , 79 _ Attest:���(/aY�� City Clerk ��— RESOLUTION NO. 79-371 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTU'= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve for the following named person or persons at the following described location: Iowa River Pizza Company, Inc. dba Applegate's Landing, 1411 South Gilbert St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution ass re -07e adopted, and upon -7-611 caTf there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of August 19 79 Attest: A / City Clerk 1/ RESOLUTION NO. 79-372 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Iowa River Pizza Company, Inc. dba Applegate's Landing, 1411 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as readopted, and upon roll call there were: Balmer AYES: NAYS: x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera Passed and approved this 14th 19 79 ABSENT: Ki x day of August i�/ J. Attest: � w� City Clerk 5 RESOLUTION NO. 79-373 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 Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 19 79 14th X X day of August , Attest:fiWt_'-C - City Clerk 0 . C % .. ,1� CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-99 - Tuck's Place, 210 North Linn (James J. Tucker) 80-100 - Leo's Standard Service, 130 North Dubuque St. (Leo P. Lenoch) 80-101 - Towncrest Texaco, 2303 Muscatine Ave. (Regal Vending) 80-102 - Lon's Gas & Grocery, 105 E. Burlington (Lon Brown) 80-103 - Country Kitchen, 1401 S. Gilbert St. (Ronald L. Novak & Richard G. Bowers) 80-104 - V.F.W. Post 2581, 1012 Gilbert Court 80-105 - Pagliai's Pizza, Ltd., 302 East Bloomington St. 80-106 - The House of Submarines, 12 South Dubuque (Hawkeye Amusement) 80-107 - Rochester Ave. DX, 2233 Rochester Ave. (Robert E. Shank) —80-108 - East-West Oriental Foods, 615 Iowa Ave. (Inn Ho Shinn) 80-109 - Osco Drug #826, 120 E. College St.(Osco Drug, Inc.) 80-110 - Sanctuaryy, 405 S. Gilbert St. (Regal Vending) 80-111 - Hilltop D -X, 1123 North Dodge St. (DOMLL, Inc.) 80-112 - Chuck's Clark, 504 E. Burlington (Charle J. Christensen) _ 80-113 - Maid -rite, 630 Iowa Ave. (Joseph Momberg) 80-114 - Ware & McDonald Oil, 828 South Dubuque St. 80-115 - Best Steak House, 1 South Dubuque (Bill Mihalopoulos) 80-116 - Lakeside Apts., Highway 6 West (Iowa City Vending) 1`All 80-117 - Sears, Roebuck, Sycamore Mall (Iowa City Vending) 80-118 - Kirkwood 76 Store, 300 Kirkwood Ave. (Inland Transport Co.) 80-119 - Harry's Dodge St. DX, Inc., 605 North Dodge 80-120 - Mall Mobil, Sycamore Mall (Robert Uhler) 80-121 - Amelon's Skelly Service, Inc., 204 North Dubuque 80-122 - University of Iowa Football Stadium, Ogden Food Service Corp. 80-123 - The Shamrock, 525 S. Gilbert St. (Richard T. Corcoran) 80-124 - Russ' Standard, 305 N. Gilbert (Rosalie Vitosh) 80-125 - Walt's, 928 Maiden Lane (Walter Poggenpohl) 80-126 - Comer's, Inc., 13 South Dubuque St. 80-127 - Doc's Standard, Inc., 801 S. Riverside Dr. 80-128 - Sambo's Restaurant, 3760 State St. (Canteen Food & Vending Service) 80-129 - Nickelodeon, 208 North Linn (Robert Dane) 80-130 - Bart's Place, 826 South Clinton (Richard J. Bartholomew) 80-131 - Donutland #41, 817 S. Riverside Dr. (Donutland, Inc.) RESOLUTION NO. 79-374 KtSOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLIU= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—Tor the following named person or persons at the following described location: Cardan, Inc. dba Joe's Place, 115 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution ae rhe adopted, and upon ro '% a l there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of August 19 79 ~y Pro tem Attest: City Clerk RESOLUTION NO. 79-375 fi' RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION )0)r FOR MODULAR BUILDING RENOVATION - FIVE UNITS 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 28thday of August , 19 79 , 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: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 14th day of August 19 79 . ATTEST: Ar I /� RESOLUTION NO. 79-376 RESOLUTION SETTING PUBLIC INFORMATION MEETING ON PLANS FOR BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public information meeting on the plans for the above-named project be held on the 22nd day of August , 1979 , 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 information meeting 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. It was moved by Roberts and seconded by Perret that the Resolution as read be adopte_d_,`a_n'cT upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 14th day of August , 1979. MAYOR Pro -tern ATTEST: CITY CLERK r1EGJ'.T 7F2 /d /S - RESOLUTION - RESOLUTION NO. 79-377 RESOLUTION APPROVING FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF LOT 7 OF BLOCK 2, BRAVERMAN CENTER KNOWN AS CEDARWOOD APARTMENTS WHEREAS, a final Large Scale Residential Development Plan of Lot 7 of Block 2, Braverman Center known as Cedarwood Apartments, Iowa City, Iowa has been filed with the Clerk of Iowa City, and after consideration was found to be In accordance with the provisions of the laws 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 Improvement agreement has been entered into between the City of Iowa City and Southgate Development Company, Inc., for the Installa- of certain improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa that the said final Large Scale Residential Development Plan of Lot 7 of Block 2, Braverman Center known as Cedarwood Apartments be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of John- son County, Iowa. The foregoing resolution was moved by deProsse , and seconded by Erdahl at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 14th day of August , 1979, commencing at 7:30 P.M. Upon roll call the following vote was taken: Received & Approved By The Legal Department xys z-/0--15 /D/d Res. No. 79-377 —2— BALMER Aye x Nay Absent DEPROSSE Aye x Nay Absent ERDAHL Aye x Nay Absent NEUHAUSER Aye Nay Absent x PERRET Aye x Nay Absent ROBERTS Aye x Nay Absent VEVERA Aye Nay Absent x The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of August 1979. 1979. ( (' iitl a e l Abbie Sto us, city c�rTof Iowa City, Iowa Passed and approved this day of ATTEST: itye`1 rk � a � D JIJFI ? ,, l°iJ ABDIF C (,11(Y CLERK c3� ..P,� /D /% RESOLUTION NO. 79-378 RESOLUTION PROPOSING TO SELL A PORTION OF REAL PROPERTI' OWNED BY THE CITY OF IOWA CITY AND LOCATED AT THE NORTHWEST INTERSECTION OF SOUTH GILBERT STREET AND U.S. HIGHWAY 6 WHEREAS, the City of Iowa City owns the real property legally described as follows: The south half of that part of Out Lot Two (2) in Cook, Sargent and Downey's Addition to Iowa City, Iowa, that lies south of the north 120 feet of said Out Lot Two (2), that lies northeasterly of a line 110 feet normally distant northeasterly of and parallel to the centerline of primary road No. U.S. 6, that lies northwesterly of a line 30 feet radially distant northwesterly of and concentric to the centerline of South Gilbert Street. Said tract contains 4,663 square feet more or less; and, WHEREAS, the City Council proposes to sell the above-described property to Arie Kroeze and Antonia Kroeze; and, WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the above-described real property will be $3.50 per square foot, for a total price of $16,320.50. 2. The City will reserve a temporary construction easement over the easterly 10 feet of the above-described property, said easement to be for the period of construction of the South Gilbert Street Improvement Project; and, WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on the proposal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City proposes to sell the above-described real property to Arie Kroeze and Antonia Kroeze for $16,320.50. 2. That the City Clerk is authorized to publish notice of this proposal and further, to publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the 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 p.m. on the 28th day of August, 1979, and any person having objections to said proposed action may appear and file their objections at said hearing. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: RTCEi7FS & % „m /19 /,%;, Res. No. 79-378 -Z- AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August , 1979. ATTEST: City Clerl RESOLUTION NO. 79-379 RESOLUTION AUTHORIZING THE CITY MANAGER TO MODIFY PREVIOUSLY ESTABLISHED AMOUNTS OF JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR ACQUISITION OF SAID RIGHT-OF-WAY. WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.00 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property described in the construction plans for the South Gilbert Street Improvement Project, and to acquire said real pro- perty either by purchase or by exercise of the powers of eminent domain; and, WHEREAS, The City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain real property contained therein, and has reviewed the appraisals, and reports, and being familiar with the said real property, has established the Just Compensation for said property for the purposes of acquisition; and, WHEREAS, the City has proceeded to initiate negotiations for acquisition of the said real property, and is now in the final stages of concluding many of the said negotiations, and needs the capability to, where necessary, modify on short notice the previously established amounts of Just Compensation for acquisition of right-of-way for the South Gilbert Street Improvement Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager, upon review of appraisals, staff reports and recommendations, and other information, is hereby authorized to modify where necessary the previously established amounts of Just Compensations for the acquisition of right-of-way for the South Gilbert Street Improvement Project; and that the Mayor is hereby authorized to sign and the City Clerk to attest Contracts for acquisition of said right-of-way for the respective amounts of Just Compensation so established by the City Manager. 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 deProsse X Erdahl X Neuhauser _ X Ferret _ X Roberts X Vevera /dad Resolution No. 79-3/9 Page 2 Passed and approved this 14t11day of Migiist , 1979. ATTEST: City Clerk /d 07/ RESOLUTION No. 79-380 RESOLUTION AUTHORIZING EXECUTION OF 13(c) Labor PROTECTION AGREEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the a encles II t d be w , a copy of said being at to s Resolution s reference made a part Teo , and, WHEREAS, the City Council deems it in the public interest to enter into said agreement pursuant to Section 13(c) of the Urban Mass Transporta- tion Act of 1964, as amended, between the City of Iowa City, lead agency, and the American Federation of State, County and Municipal Employees, AFL-CIO, Local 183 and Local 12; University of Iowa CAMBUS, City of CoralvlIle NOW, THEREPORE, 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 agencies listed above 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting entre. It was moved by Perret and tended by deProsse the Resolution be adopted, atr�call there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 14th day of August p, 1979. 1,14 aj_'_1L72 Ma r _ ro tent ATTEST:., CityClerk Ratehnd i Approved By The Legal Departnwnf CKs ?,-s - n /a AGREEMENT AGREEMENT PURSUANT TO SECTION 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, BETWEEN THE CITY OF IOWA CITY, LEAD AGENCY, AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 183 AND LOCAL 12, THE UNION. WHEREAS, the City of Iowa City, Iowa ("Lead Agency") has filed a Section 3 Mass Transportation Capital Improvement Grant Application for FY79 under the Urban Mass Transportation Act of 1964, as amended, to assist in the financing of capital equipment purchases of seven (7) 45 passenger coaches, two (2) 12-17 passenger lift - equipped small buses, and two (2) 14 passenger vans, as more fully described in the project application ("Project"); and WHEREAS, the University of Iowa CAMBUS Service, the City of Coralville Transit Division, and Johnson County SEATS, all provide transit service in coordination with the above-named Lead Agency; and WHEREAS, employees of the Lead Agency and the City of Coralville are represented by AFSCME Local 183, and some transit employees of the University are represented by AFSCME Local 12. Other student employees of CAMBUS are not organized but operate under University policies and employees of Johnson County SEATS are not organized but operate under statutory rights and responsibilities for employees; and WHEREAS, Sections 13(c) and 3(c) of the Act require, as a condition of assistance thereunder, that fair and equitable arrangements be made, as determined by the Secretary of Labor "to protect the interests of employees affected by such assistance," including, without being limited to, the preservation of all rights, privileges and benefits under existing collective bargaining agreements or otherwise, the continuation of collective bargaining rights, the protection of individual employees against a worsening of their positions with respect to their employment, assurances of employment to employees of acquired transportation systems and priority of re-employment of employees terminated or laid off, and paid training and re-training programs in the event of termination or layoff, and WHEREAS, the normal procedure under the Act is for the applicant or employer of employees and the Union to assist the Secretary of Labor by agreeing upon such arrangements as will be fair and equitable to protect the interests of affected employees; NOW, THEREFORE, it is agreed that in the event that this Project is approved for assistance under the Act, the following terms and conditions shall apply: 1a 3 2 (1) When used in this agreement: (a) "employees" shall refer to all mass transit employees in the service area including but not limited to employees of the City of Iowa City who are engaged in the operation of the Iowa City Transit systems, employees of the City of Coralville who are engaged in the operation of the Coralville Transit system, employees of Johnson County who are engaged in the operation of the SEATS system, and employees of the University who are engaged in the operation of the Cambus system. (b) "employer" shall refer to the City of Iowa City, the City of Coralville, Johnson County and the University of Iowa. (c) "Project" shall refer to the purchase of buses and vans as described in Exhibit A of this application. (d) the phrase 'as a result of the project' shall refer to events occurring in anticipation of, during, and subsequent to the Project, which shall be limited to the purchase and use of buses and vans by the cooperating agencies. (2) The Project shall be carried out in such a manner and upon such terms and conditions as will not in any way adversely affect employees represented by the union. (3) All rights; privileges and benefits of employees represented by the Union under existing collective bargaining agreements or otherwise shall not be adversely affected as a result of this project. (4) The collective bargaining rights of employees represented by the Union as provided by applicable federal and state laws as well as rules and policies of the Board of Regents or the University or the Public Employment Relations Board shall not be adversely affected as a result of the Project. The Lead Agency and other agencies subject to this agreement agree that they will bargain collectively with appropriate unions to the extent of their duty to bargain under federal and state laws and that they will enter into agreements with the Union or arrange for such agreements to be entered into relative to all subjects of collective bargaining in accordance with federal and state laws. (5) (a) No employee shall be laid off or otherwise deprived of employment, or placed in a worse position with respect to compensation, hours, working conditions, promotional rights, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in the /o a y 3 case of his or her resignation, death, retirement, dismissal for cause, failure to work due to disability or discipline. The Lead Agency or any other employer subject to this agreement shall have the burden of affirmatively establishing that any deprivation of employment from the above causes or any other worsening of employment position has not been a result of the project. In addition, an employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of a curtailment of federal work study funds or funds provided from student fees for the operation of the CAMBUS system provided that the University makes a good faith effort to obtain such funds. (b) The Lead Agency and other employers subject to the agreement shall not discriminate in hiring, tenure, or other terms and conditions of employment against any employee on the grounds of membership or lack of membership in any employee organization. Nothing in this agreement shall be construed as forfeiture or modification by the Union and/or the employees covered by this agreement of any rights or benefits under any other agreement or provision of law. (c) Any employee of the Lead Agency or other employers subject to this agreement who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. For employees of the Lead Agency and the City of Coralville the grievance proceedings shall be a negotiated contract procedure existing between the parties or any subsequent procedure negotiated as a result of collective bargaining for the resolution of grievances. Final and binding dispute resolution procedures are provided for in the AGREEMENT BETWEEN THE CITY OF CORALVILLE TRANSIT DEPARTMENT AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE XIV - A, SETTLEMENT OF DISPUTES, GRIEVANCE AND ARBITRATION PROCEDURES, effective July 1, 1978 and the AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE XX, GRIEVANCE PROCEDURE, effective July 1, 1978. For employees of the University of Iowa, the grievance proceeding shall be conducted pursuant to the Regent's Merit System Rules or any other applicable Board of Regents or University rules or procedures which may exist in addition to or in substitution thereof, including any procedures existing pursuant to any collective bargaining agreements negotiated pursuant to Chapter 20 and which covers the individual employee. For University employees that are covered by a collective bargaining agreement, final and binding dispute resolution procedures are provided for in 4 the AGREEMENT BETWEEN THE STATE OF IOWA AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE IV, GRIEVANCE PROCEDURE, effective July 1, 1979. For University employees not represented by a labor organization, final and binding dispute resolution procedures are provided for in the UNIVERSITY OF IOWA OPERATIONS MANUAL, 20.300 Student Employee Grievance Procedure, effective June, 1979. Any employee of Johnson County who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. If that issue cannot be settled by the parties within 30 days after the dispute arises, either party may refer the dispute to the Secretary of Labor for determination. The determination of the Secretary of Labor or his designated representative shall be final and binding on the parties. (6) (a) Any employee covered by this agreement who is retained in the service of his employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his employment in order to retain or secure active employment with the Lead Agency or other employers of this agreement in accordance with this agreement, and who is required to move his place of residence, shall be reimbursed for all expenses of moving his household and other personal effects, for the traveling expenses for himself and members of his immediate family, and for his own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Lead Agency or other employers of this agreement under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Lead Agency or other employers of this agreement and the affected employee or his representatives. (b) If any such employee is laid off within three (3) years after changing his point of employment in accordance with paragraph (a) hereof, and elects to move his place of residence back to his original point of employment, the Lead Agency or other employers of this agreement shall assume the expenses, losses and costs of moving to the same extent provided in subparagraph (a) of this paragraph (6) and paragraph (7) hereof. (c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such claim is presented to the Lead Agency or other employers of this agreement within ninety (90) days after the date on which the expenses were incurred. /o a G 5 (d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (e) Not withstanding the above, any employee of the University of Iowa required to change the place of his or her residence as a result of this project to retain or secure active employment with the University will be reimbursed pursuant to Article XI, Section 5 of the Agreement between the State of Iowa and AFSCME, AFL-CIO. (7) (a) No employee will be required to move more than twenty- five (25) miles as a result of this project. If such a transfer should occur and if a dispute over reimbursement for such involuntary moving or transfer arises which the parties are unable to resolve, the dispute will be referred to the arbitration clause of this agreement appearing in paragraph (5) (c) hereof. (b) Except as otherwise provided in paragraph (6) (b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (c) "Change in residence" means transfer to a work location which is either (A) outside the radius of twenty-five (25) miles of the employee's former work location and farther from his residence than was his former work location, or (B) is more than thirty (30) normal highway route miles from his residence and also farther from his residence than was his former work location. (8) This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by reason of arrangements made by the Lead Agency or any other employer subject to this agreement to manage and operate the system. Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management or operation of the applicable transit systems, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions. (9) In the event any provision of this agreement, is held to be invalid or otherwise unenforceable under federal, state, or local law, such provision shall be renegotiated between the parties for the purposes of adequate replacement under Section 13(c) of the Urban Mass Transportation Act of 1964. If such /62 7 1.1 negotiation shall not result in a mutually satisfactory agreement, either party may invoke the jurisdiction of the Secretary of Labor to determine substitute employee protective arrangements which shall be incorporated into this agreement. (10) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance, but shall be independently binding and enforceable by and upon parties hereto, in accordance with its terms. IN WITNESS THEREOF, the parties hereto have executed this agreement by their authorized representative(s) this / day of 1979. CITY OF IOWA CITY, IOWA JOHNSON COUNTY AREA PUBLIC EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1#183 / BY• �Ylri,l.G/�7ho�n dyir , e ewk ATTEST: City Clerk BY: BY: 4 e /"W. UNIVERSITY OF IOWA EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #12 /a a t /19� RESOLUTION No. 79-381 RESOLUTION WAIVING RESIDENTIAL SOLID WASTE COLLECTION FEES FOR QUALIFYING LOW INOOME RESIDENTS. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. The residential solid waste collection fees shall be waived for qualifying low income residents and households. 2. To qualify for the annual waiver, all residents of a household must: a) be eligible under the low income criteria of one of the follow- ing programs: Supplementary Social Security Benefits, Title XX Program, ADC Program, Food Stamp Program; or, b) qualify for a reduction in the previous year's property tax pursuant to the Iowa Disabled and Senior Citizen Property Tax and Rent Disbursement Claim Program. 3. Application for the waiver shall be accepted from July 1 through August 31st of each year; however, the effective date of the waiver shall extend retroactively to July 1st of that year. 4. The waiver shall be effective for one year, and renewal applications shall be made from July 1st through August 31st of each year. 5. The waiver of fees established by this resolution shall be effective retroactively to July 1, 1979. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT Y Balmer x DeProsse X Erdahl x Neuhauser X Perret X Roberts x Vevera Passed and approved this 1 ATTEST: LLQ City Clerk i 1\ August , 1979 RECEIVED & APFr, -T'7 BY }�� LEGAL DEF.•RY�t-cNT 16�10�y RESOLUTION NO. 79-382 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY80 ASPHALT RESURFACING PROJECT IN IOWA CITY WHEREAS, L. L. Pelling Co., 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 L. L. Pelling Co., Inc. for Div. 1, 2, 3, 4, and Alt. 1B at $205,373.7 , 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 deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved thin 14th day of AuUtist , 19 79 ATTEST: Received & Approved By The Legal Department W we 1* -a- �{ RESOLUTION NO. 79-383 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SUNSET STREET IMPROVEMENT PROJECT WHEREAS, _ Metro Pavers, Inc., of Iowa City 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. of Iowa City at $29,958.00 , 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 Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x . Vevera Passed and approved this 14thday of August 19 79 ATTEST: .BY The Legal Department Council Memher R94Brs introduced the following Resolution entitled '9F1 SOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Perret _ _ seconded the motion to adopt. The roll was celled and the vote was, AYES: Roberts, Balmer, deProsse, Erdahl, Perret NAYS: None ABSENT: Neuhauser, Vevera Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-384 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: c Cedar Hill Construction $ 12s825.40 -2- AHLERS. GOONEY. DORWEILER. HAYNIE G SMITH. LAWYERS. DES MOINES. IOWA Id31Z 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 SDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 01 Cedar Hill Constr. $12,825.40 -3- AHLEn S. COONEY. DOR WEILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA 19PASSED AND APPROVED, this 14th- day oC August , )g . ------------------- �� ybr rod em ATTEST: Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE 9 SMITH. LAWYERS. DES MOINES. IOWA /D 3�1 No. 01 UNITED STATES OF AMERICA $ 12,825.40 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 _Cedar hill Constr. of Oxford Iowa , its successors or assigns, tTie sum of—�-12,825.40 , witinterest 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 DDI 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 21 , 19 79, and issued under authority of Section 384.57--6-f 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 instrument to be executed by Clerk with t e seal of said of --' 19719 . (SEAL) City of Iowa City has caused this its Mayor, and attested by its City affixed as of the day ATTE -�- Clerk -"— CITY OF II)OWA CITY, IOWA 11.01 Mayor This instrument resented and not paid for want of funds this /eL day of 19 -7V. City Treaa1irer AHLERS, COONEY, DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to in consideration of receipt by the undersigne rom saFd- 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.) AHL[RS. COONEY, DORWCIL[R. HAYNIT • SMITH. LAWYERS. D[! MOINES. IOWA /4.3 6 RESOLUTION NO. 79-385 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THF. CITY OF TIFFIN, IOWA. WHEREAS, Chapter 403A of the Code of Town confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more muni- cipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operat- ing a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency in this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, the City of Iowa City and the City of Tiffin wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of Tiffin, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor be authorized to execute and the City Clerk certify a copy of said Agreement. 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 de Prosse X Roberts X Neuhauser x Perret X Erdahl X Vevera Passed and approved this 14th day of August , 1979. o. ottem� � ATTEST: City Clerk zi in un►l, DI',PAIlT1iP T /)rJ7 AGREEMENT THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City and City of Tiffin, hereinafter called Tiffin. WHEREAS, Chapter 403A of the Code of Iowa confers upon every muni- cipality certain powers in the field of low rent or subsidized hous- ing; and WHEREAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers out- lined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, con- structing, or operating a housing project or projects; and WIIEREAS, Chapter 28E of the Code of Iowa provides that any power exer- cised by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Tiffin wish to enter into an Agreement that will permit the Iowa City }lousing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City Limits of Tiffin. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and Tiffin as follows: 1) TERM: That the term of this Agreement shall commence with the date of this Agreement and shall continue un- less terminated as provided herein. 2) TERMINATION: That this Agreement may he terminated by either party giving notice to the other in writing as prescribed in this Agreement 180 days in advance of the date of the proposed termination. /a'3l? - 2 - Upon receiving notice of termination, the Iowa City Housing Authority will make no new contracts for housing assistance. The termination date for all housing assistance previously contracted for shall coincide with the terms of the individual rental lease. 3) OPERATION: • The Iowa City Housing Authority will administer the program in accordance with the Rules and Regulations established by the Department of Housing and Urban Development and the Annual Contri- butions Contract entered into between Iowa City and the Department of Housing and Urban Development, a, copy of which Annual Contributions Contract is attached hereto and made a part of this Agreement. Nothing contained herein shall prevent the adoption of more stringent requirements by Tiffin. The Iowa City Housing Authority is hereby granted the power to perform inspections of any dwelling unit in a housing project in order to ensure compliance with the housing quality standards established by the Depart- ment of Housing and Urban Development. This inspection may be performed by agents of Tiffin and a certification issued that the standards have been met. 4) COSTS: All costs incurred as a result of this program will be borne by the program as provided for in the Annual Contributions Contract. 5) NOTICES: All notices required by this Agreement to be made to Iowa City shall be made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. All notices required by this Agreement to be made to Tiffin shall be made by mailing by ordinary mail, a letter to the Mayor of Tiffin. All notices shall be effective upon re- ceipt by the addressee. Nothing contained in this para- graph shall prevent additional or other notice being given and giving notice which would exceed the requirements of this paragraph. /039 - 3 - 6) OBLIGATIONS NOT EXCUSED: This Agreement does not relieve Iowa City or Tiffin of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance there- of by the Iowa City (lousing Authority, said perform- ance may be offered in satisfaction of the obligation or responsibility. 7) FILING AND RECORDING: This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. DATED TIIIS DAY OF , 1979. CITY OF IOWA CITY; IOWA 1 CITY OF TIFFIN, IOWA BY: zJ11� H R. BALMER, MA OR PRO TEM ROGIiR PORMANf.K, MAYOR ATTEST: VM � Abbie Stolfus, Cipi Clerk ATTEST: Adela S. Kern, City Clerk iMCEIYEM l lYlhov. ]� � IdlGAL DEPJ&TYENT - � — PIP/7 9 xe� RESOLUTION NO. 79-386 RESOLUTION APPROVING A TRANSFER OF INTEREST IN URBAN RENEWAL DISPOSITION PARCEL 93-3 FROM ROBERT AND ANNA RATH TO THE BREESE CO., INC. WHEREAS, the City of Iowa City, Iowa, a municipal corporation, did enter into a Contract for Sale of Land for Private Redevelopment with Anna and Robert Rath on September 5, 1978, which contract was recorded on September 8, 1978, at Book 56, Page 230 in the records of the Johnson County Recorder,for the Purchase of Urban Renewal Disposition Parcel 93-3, more particularly described, to wit: The west 40 feet of the south 100 feet of Lot 5, Block 93, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. and; WHEREAS, the City has received a request that the City of Iowa City approve a transfer of interest in said parcel from Anna and Robert Rath to the Breese Co., Inc.; and, WHEREAS, Section 503 of said Contract prohibits such a transfer of interest without the express written approval of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City of Iowa City, Iowa, hereby consents to the assignment of the interest of Anna and Robert Rath, assignors, in the Contract for Sale of Land for Private Redevelopment dated September 5, 1978, which Contract is recorded at Book 56, Page 230, of the records of the Johnson County Recorder, to the Breese Co., Inc., assignee, provided that nothing contained herein shall serve to limit, or modify any of the rights, obligations or remedies of the parties under the Contract, their successors or assigns, except as expressly modified herein. 2. The City of Iowa City, Iowa, hereby consents to the conveyance of title in fee simple of the following described real property to wit: The west 40 feet of the south 100 feet of Lot 5, Block 93, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, from Anna and Robert Rath to the Breese Co., Inc. The purchase price for said conveyance shall be the sum of $15,000, which purchase price is deemed not to be in violation of the provisions of Section 503(b)4 of said Contract. 3. The City of Iowa City, Iowa, hereby agrees, that upon assignment of the Con- tract to the Breese Co., Inc., the Contract is modified as follows: The Redeveloper's obligation to construct improvements as called for in the agreement shall be governed by and fully conform to the Offer to Purchase Land for Private Redevelopment submitted by the Breese Co., Inc., to the City of Iowa City, dated June 9, 1978, which Offer to Purchase and Statement of Offeror's Development Proposal attached thereto is attached hereto and by this reference incorporated herein. le 15;�l Res. No. 79-386 -2- BE IT FURTHER RESOLVED that upon adoption, this Resolution shall constitute express written approval of the transfer of interest set forth above, as called for in Section 503(b)2 of the Contract. It was moved by deProsse and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevora Passed and approved this 14th day of August 1979. City Clerk HECF.IVFD & IXI R^.',C;p EY , LEGAL I•Li'Alt'n11k�1T S THE BREESE CO., INC. P. 0max .187 IOWA CITY. IOWA 21240 12121 227.2137 Mr. Neal G. Berlin June 9, 1978 City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Offer to Purchase Land for Private Redevelopment City of Iowa City, Urban Renewal Dcar Mr. Berlin: Thu undersigned developer, hereinafter referred to as the IIOfferor1I,a corporation,. f4t(sxaxxkexaaanzexmfxtkexdxzeimpgxkxxiggafxgRtikX3 hereby offers to purchase, develop and use the lands below described in conformity with Federal and State statutes and local ordinances and regulations, to wit, that area known as Urban Renewal Parcel Number 93-3. �Sxaaaxdixpaxisiaxxparcaixannbers$ from the City of Iowa City, hereinafter referred to as the "City." 'nic terms of the offer are as follows: (1) The Offeror acknowledges receipt from the City of a copy of the City -University Urban Renewal Plan, hereinafter referred to as the "Plan," which plan has been duly approved and recorded in the office of the City Clerk of the City, the proposed form of Contract for the Sale of Land for Private Redevelopment, hereinafter referred tb as the "Agreement," and a copy of the Prospectus containing the i4.is truct ions "for submitting an offer to purchase property for redevelopment. (2) The Offeror agrees to purchase from the City the referenced parcels at.the price hereinafter set forth in accordance with the pro- visions of the Plan, and Agreement as attached to this offer. PARCEL NO (s) PRICE OFFERED 93-3 $14,500.00 in making this offer, the Offeror acknowledges that he;>zj x has become familiar with the project site and the provisions of the Plan, the Prospectus, and the proposed Agreement. /d Ki Mr. Berlin Page 2 aune 9, 1978 (3) It is agreed that this offer shall remain open for a minimum of ninety (90) days from the final date for delivery of offers, (as specified in the prospectus), :rnd ,hall remain in force thereafter until withQrawn by the Offeror in writing, and that the City may reject any and all offers, curd may waive any irregularities therein. (•1) 'I'll'; Offeror transmits herewith a certified check in the amount of $ 1,450.00 payable to the order of the City of Iowa City, Iowa, being a good faith deposit of no les: than 10% of the price offered for the Disposition Parcel(41 for which this proposal is made, zr SSD» �•x xx x m x �(ict�'rxxx x mxx gx �tx pnx-rxx sx gxx xrxx>Eb>bt#vc �Stx �iodxrn g x x �x xAa2x rxaysptexxwxS K x w}vl xhrw�etx �Ltcx x rxsx If this proposal is rejected, the good faith deposit will be re- turned to the Offeror in the manner provided for in Section 11 thereunder. If this Proposal is accepted, the good faith deposit will be held by the Finance Director of the City of Iowa City as security for the performance of and subject to City Council de- claration of forfeiture in the breach of performance of the obli- gations of the Offeror pending execution of the Agreement referred to in Section 5, hereunder,.and such check may be deposited in an account of the City in a bank or trust company selected by it. The City of Iowa City shall be under no obligation to deposit in such alf account, or to pay or earn interest on the deposit, but if interest thereon is earned pursuant to such deposit such interest when received shall be promptly paid to the redeveloper. Such deposit will be held by the City as such security for performance until such time as substitute security is provided under terms of the agreement referred to in Section 5 hereunder following execution of such agreement. (5) If this offer is recommended for acceptance, the City must ad- vertise its intent to sell by a 30 day legal notice before furnish- ing the Agreement for execution by the Offeror. Upon notification of acceptance of this Proposal in the manner provided for in Section (1) hereunder, the Offeror agrees to perform the remaining conditions of this offer and thereafter to execute an Agreement and return it to the City, to make any sub- stitute good faith deposit required thereby, and to complete Lite purchase of the Disposition Parceloq in the manner set forth in the Agreement. It is agreed that the Offeror shall not assign or transfer to any other party any interest in this offer prior to notification of formal acceptance or rejection by the City Council of Iowa City, Iowa. It is further agreed, in the event that this offer is agcepted, that the Offeror shall not, prior to or after execution of the Agreement, assign or transfer any interest in the Agreement, assign or transfer any interest in the Agreement without the written consent of the City Council of Iowa City. The City Council of the City of Iowa City reserves the right to require of any proposed assignee or transferee the same Statement for Public Disclosure, Statement of Qualifications and Financial Responsi- bility and narrative setting forth the developers experience, required of the original Offeror. /,_rr// / Mr. Berlin Page June '., .978 ((1) In the event this offer is nrccptcd by the City Council of Iowa City and the Ofl'cror fails or rrfu-,es to perform Lite remaining conditions of, this Proposal, ,ind to execute an Agreement within unc hundred twenty (l?0) d;ys after the date of notification thereuf, ur such extension of time as may be granted by the City, the City may terminate all rights of the Offcror hereunder, and, in such event, shall retain the good faith deposit of the Offeror as liquidated damages by reason of the breach and the City may proceed with other arrangements or plans for the sale of the Disposition Parcel([) to which this offer relates. (7) The Offcror warrants that no person or agency has been employed or retained by the Offeror to solicit or secure the acceptance of this Proposal upon an agreement or understanding for a commission, percentage brokerage, or contingent fee•giltdtSjisl<ItgxgiKalxBrsYlcGlakngt 84Xdfd•xRXda'�>x x�nx>nro��xit xxx�Rgxt�vus �x�xttis�csgx;< Offeror states and represents that no person or agency claiming to be employed or retained by the City contacted the Offeror with reference to the proposed sale of the subject land.atdtaxxthatankiz 1'totlckanckttgxxx(ckSxunaaxa>ikaxxuhanxXhnxitict yxitzf fxmpiaxaaalcx:tatcz IQ "x)( It. -is agreed that the City of Iowa City, Iowa shall not be liable I'or any obligations incurred by the Offeror for commissions, per- centages, brokerages, contingent or other fees of any kind relating to this Proposal. For breach .or violation of this warranty, the City shall have the right to annul its acceptance of this offer, or the contract to rise thereupon. (8) Itis agreed that the deposit of the Offeror may be refunded by the City and that the City may withdraw from the sale of the Disposition ParceIC4) at any time prior to conveyance of title and possession of said property by reason of the City of Iowa City, Iowa being enjoined or prevented from so doing by any order or decision or act of any judicial, legislative, or executive body having authority in tite premises. it is further agreed that the City shall have no liability fur failure to deliver title to such disposition parcels, for the reasons stated above or otherwise, to the redeveloper after making a good faith attempt to do so. (9) It is expressly agreed and understood by the Offeror that Lite City is making no representations with respect to soil conditions, structural conditions, subsurface conditions, and the like and further that the Offeror is making no reliance upon any studies of such conditions posessed by the City and that the Offeror has inspected the site for which this offer is being made and has satisfied itself as to the conditions of both the surface and sub- surface of the site. Further, it is agreed that the City has /oys— Mr. Berlin Page 4 Ju„' ,, 1978 permitted access to the Offeror for the purpose of making soil testing, borings and the like. 1101 The Offeror tronsmil, herewilh, fur the approval of the City kxaa two (2) (fix coPics cacti of the fol lowing delkIlliCnLS. 1SLatkxxzxycxuaBxr-upYxad4 a. This Offer. IV NXsas+z&”2(Xx9tt4tt4NWAttxaRxp41xkBkuzGkactzxzudxHxaznlabzkxRgttpaxx %WX1 ("x C. Redevelopers Statement for Public Disclosure d. A written narrutive which sets forth the development which is proposed, as called for in rxlxzP%fExgxgg the Prospectus. C. A written narrative which sets forth the developers experience as called for in 0XiiYf4irxSy41? the Prospectus. f. A complete but unexecuted Contract For Sale of Land For Private Redevelopment. g. A written narrative which sets forth and explains in full detail any and all additions, deletions, or any other modifi- cations to the form of Agreement as provided by the City. (11) It is agreed that acceptance or rejection of this offer shall be made by depositing such acceptance or rejection in the United States Mails addressed to the Offeror at the business address set forth below. Submit[pd this 9th day of June 197 8 771E BREESE COMPANY, INC. NAME OF FIRM OR INDIVIDUAL (type or print BY: >, � 11 _4401, ( - Edwin E. Breese n In K.) ('type name after signature. President TITLE (type of print) 324 South Madison Street BUSINESS ADDRESS (type or print) Iowa City Iowa 52240 STATE (type or print) ZIP 337-2137 BUSINESS TELEPIIONE NUMBER (type or print) IOWA STATE 01: INCORPORATION (type or print) /a Y� THE BREESE CO., INC. AT IOWA CITY, IOWA 91140 1316) 327.1137 .June 9, 1978 STATEMENT OF OFFERORIS UUVLLOPMENT PROPOSAL URBAN RENEWAL PARCEL NUMBER 93-3 The Breese Company, Inc. proposes to purchase and develop Urban Renewal Parcel Number 93-3 as a customer parking lot as shown oil the attached "Proposed Development Plan". Said parking lot development will provide up to ten (10) parking stalls. It will be landscaped in accordance with City of Iowa City ordinances and regulations. At some future date, The Breese Company, Inc. may construct a building on Urban Renewal Parcel Number 93-3 as an addition to the building located on adjoining property and owned by The Breese Company, Inc. 'I11E BREESE COMPANY, INC. by E win E. Breese, President STB AEESE'S /� y� w w Z 0 0 Q PROPOSED DEVELOPMENT PLAN U Zab.14 RENEWAL PARCEL 93-3 PREMmec, "1> Sun LAITrf!p BY THE BREESE CO., INC. 111• 16'- O'` 5-23-76 -i- - - - N COURT STREET /L'�' `7 c RESOLUTION NO. 79-387 RESOLUTION ESTABLISHING FEES FOR CITY PLAZA USE PERMITS WHEREAS, the City Council of Iowa City, Iowa, did on May 16, 1978, adopt Ordinance No. 78-2894, which ordinance governs the use of City Plaza; and, WHEREAS, Section 10 of said ordinance provides that fees for permits for use of City Plaza shall be established by Resolution. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Iowa City, Iowa, that the following fee schedule is established for permits issued for the use of City Plaza: 1. Motor Vehicle Permit a. Continuing No charge b. Temporary No charge 2. Mobile Vending Cart $250 per year 3. Ambulatory Vending $100 per year 4. Sales or vending - temporary or occasional $10 per day 5. Cultural or Entertainment exhibits or events, where no sales occur No Charge It was moved by Erdahl and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 14th day of August , 1979. ATTEST: ( Y��'� City Clerk RECEIVED & Ai EC'T7 BY THE LEGAL DEFART�fTNT CKs 9 /0-7ill /D 519 RESOLUTION NO. 79-388 RESOLUTION APPOINTING ROBERT H. BOWLIN AS SPECIAL ASSISTANT CITY ATTORNEY. WHEREAS, Assistant City Attorney Robert H. Bowlin has acted as the responsible attorney for Chicago_, Rock Island and Pacific Railroad Company v. Cit of Iowa Cit , Iowa, Johnson County quit—Ao. 413 �— g - y'� —'g � y � case involvin the Cit s ri hts in a parking lot behind the Iowa City Recreation Center, and WHEREAS, Mr. Bowlin will terminate full time employment with the City on August 1, 1979, and WHEREAS, all legal work on the case except argument on appeal will have been completed by the time Mr. Bowlin terminates his full time employment, and WHEREAS, it would be in the best interest of the City to have Mr. Bowlin conduct the oral argument, given his familiarity with the case. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Robert H. Bowlin is hereby appointed a special assistant city attorney for the purpose of arguing the above-named case on appeal, and shall be an employee of the City for this purpose. 2. Mr. Bowlin shall be paid at the rate of $35.00 per hour for his time spent on this matter. 3. In addition, Mr. Bowlin shall be compensated for his out of pocket expenses incurred in the course of this employment. It was moved by Erdahl and seconded by deProsse that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse x Erdahl X Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August 1979 ATTEST: FZ .-' ; CTD h A'?'E0 rZD BY %2 LEGAL DEPARTMENT 7-;k - 71- A(Z, /r RESOLUTION NO. 79-389 RESOLUTION AMENDING BUDGET AUTHORIZATION NO. 78-128 FOR THE SENIOR CENTER WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely on the action of the City Council referred to as management personnel, and, , WHEREAS, it is necessary to amend the FY80 budget as authorized by Resolution No. 78-128: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: Resolution No. 78-128 be amended as follows: 1. Establishing one (1) Program Specialist position in the Senior Center in Grade 13. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August , 1979. ATTEST: U •RECEIVED to APPROVED lY TIE LEGAL DEPARTMENT RESOLUTION NO. 79-390 RESOLUTION AMENDING A SALARY, COMPENSATION AND CHANGING POSITION TITLE FOR A CLASSIFIED EMPLOYEE AND PROVIDING FOR A POSITION CHANGE. WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and, WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The elimination of one budgeted Account Clerk position in the Finance Department, Range 2 of the Classified Pay Plan. 2. The addition of one Senior Clerk Typist position in the Finance Department in Range 3 of the Classified Pay Plan. It was moved by deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August 1979. / p MAYOR PRO / ATTEST: fti� / r.f� RECEI4ED 8; APPROVED City Clerk B`i+ I43M D �� S- O� OL/ZT PasTAad T-a1K'31I-ms •Tesodozd P�XPPggP OLT4 Pun PePzeMI2 guezb Aue so3 guWD@:t i goa O-Zd aR 30 gXed e aq TTTM uoTgM PIM Tenurw PTv -=-Sguers SEE aqq uz lP=-; gas SuOTgTpuoo pue Surzag agg 4da0oe TTTM gT gegs 'T :buue0TTo3 Gq4 og SaT3T4ia0 g? gegg AITO oI 30 3T0 atp Lq PanTosea zalgsg gT aq 'moi IT0 enol 30 44TO PTPs 3o 3TP4a4 uT gpaCoad vp 30 4SC0 TM4U2 x .30 96 OS 30 gurCm agg UT 00T[L1as uOTgPazoaH PPP uoT4PAlasU00 a6egTzall GW4 un -9 aoueastsse TPToue=g Pur13 croTgPn -muco =agPM Pae PueT %aes 0g UDTSST=0 uoTgerzastio0 agegs aR og uoTgPoTTddP aNMI AgTO emol 30 AgTO PTe5 -WcP PSATosaz sag4zn3 gT aq 'm'd 'pez-p=ggnP ag anoge pagrmsap goaload MP gegg x3TO emol 30 A3TO vq4 Aq PPnTos� gT a{ 'MIDM= NEON 'saTgTTT0P3 TeU0T4Paz0az .z00p4n0 Pies 30 guaU50TanaP so uoTgTSTnboP alg s03 PanUbaa sT aouegsTsse Tetoueut3 Puna uoTgenzasuo0 -m4% P� 2 Pull 'UW •saa6oTdma 6ITo Xq pamio3iad aq TTTM xaom uoTgonsjsuo0 •aue7 uTTxuoO 330 paIeaoT (sazou 9•L6) -43Bd TTTH AaMIDTH :fie pa4eooT aq pinoet zauTags aqy •s0T4TTT0u3 18TT04 pue zagem gzTm azalags a goniasuoo pue esagoand oI'sasodoad 43TO umol 30 AITD ally :4040 -rd 3o uoTgdT=aa 3aTzg 00.00Z` EZ $ 4SOD P0,4P1rl� TL"40,1; Alva TTTH xaoxOTH iO3 aagTags xiva aTgTs qoa�o-xd :Mmoi 3o a4P4s 9LR PSP eMOI ' ZTO emol 30 TauazT4T0 W4 30 4uauK4U@ aqg so3 4040ad P9q-r=Sap f)UWTT03 W4 is SaT4TTToe3 Ten -1'4L9 Oaz anop4n0 burdoTanap zo spueT BTlT=iboP (eL�uafid 3o aueN) u[ Pagsasa4= ST nmol 7T0 enrol 30 A3TD 81U wry 'svmm� S J,NaWfMa wild GNM bDISFiA2=m HIM = CRYT olu 2mm ssag WIC U00= uw- SlZ91d07 cl U0 milisirzov NO BDLIffiOM L6E-6L 'ON NOI nlOS3d uosugor )gun< J, A BEST DOCUMENT "AILABLE 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State Conservation Commission. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Iowa City for public outdoor recreation use. 4. That no financial assistance has been given or promised under any other Federal _program or acti}ty_— .; rega_rd_to;the_proposed-project, except that a 'portion of the local matching funds for this project shall cane` ran block grant funds -under -Titad I of thee iousing `n Ccmauiity Act of ;]974. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. This is to 'certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Iowa City City Council at a legal meeting held on this 14th Signature (y,d �- Title day of August 19 79. Signature HI .*,,$ 311 /d sy Page 2 Resolution No. 79-391 It was moved by deProsse and seconded by that the Resolution as rea e a op e , and upon roll c—aIl there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August , 1979. ATTEST: CITY CLERK 1 /0.5.5 RESOLUTION NO. 79-392 RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Iowa City Community School District, a copy of said contract 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 contract. 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 execute the Agreement with the Iowa City Community School District, conforming to Chapter 28E of the Code of Iowa, Joint Financing of Facilities. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Perret and seconded by deProsse that the resolution a� adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse _x Erdahl x Neuhauser _ x Perret _x Roberts x Vevera Passed and approved this 14t71A aRProlh t 1979. � em ATTEST: ��r �� � CITY CLERK RECFIVFI) b dFFR'. ,'Fn BY THE: LFGAL 1.1A L•'3ENT /,4 -5 6 COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation duly authorized, organized, and existing pursuant to the laws of the State of Iowa located in Johnson County, Iowa, hereinafter called City, and the Iowa City Community School District, a corporate body situated in Johnson County, Iowa, hereinafter called School. WITNESSETH WHEREAS, it is the purpose of the parties hereto to provide education and recreation services which will contribute to the general recreational and educational welfare of children and adults of the corporate areas; and WHEREAS, the School and the City desire to provide an organized program of activities after school hours, on weekends, legal holidays, and during vacation periods; and WHEREAS, the purpose of this Agreement is to provide adequately organized and supervised community recreation services and facilities in all areas of the City and the School's areas therein through joint efforts of the two governing bodies, rather than by the separate efforts of each body; and to prevent duplication of effort and waste of finances; and in order to promote and conduct a program of community recreation successfully, the School and the City mutually desire to mobilize all community resources to effectively and economically meet the present and future needs of the public; and WHEREAS, it is in the public interest that the recreational facilities of public agencies be put to the fullest possible use; and WHEREAS, the School and the City desire to establish a basis for the orderly planning and future development of recreational facilities within said area. NOW, THEREFORE, the School and the City hereby mutually covenant and agree as follows: 1. The public recreational program and activities described in this agreement refer to those programs of recreation under the direction and supervision of the City which are open to the general public. 2. Educational programs and activities refer to those classes and extracurricular activities under the supervision of the School. 3. The School does hereby permit the use of its buildings and grounds by the City for recreational purposes, according to schedules mutually agreeable to the Superintendent of the School District and to the City Manager of Iowa City, Iowa. E 4. The City does hereby permit the use of its park and recreation buildings and grounds by the School for school purposes, on a schedule mutually agreeable to the City Manager and the Superintendent. 5. The City Manager and the Superintendent shall, in a joint meeting, establish a tentative master calendar for the joint use of facilities. In scheduling the use of school facilities, school events and programs shall have first priority; and in scheduling the use of city facilities, city programs shall have first priority. 6. The schedule herein provided and attached hereto shall not interfere with the regular conduct of school work on school premises nor with city programs on city premises; nor shall the use by the non -owning party be inconsistent with the primary use of the buildings or the grounds of the owning party. 7. The responsibility for supervision shall be upon the using party and not upon the owner of the facility. 8. The owning authority is responsible for ensuring that the facilities provided are constructed and maintained in a safe manner sufficient for the proposed use of the using authority. The owning authority shall hold harmless and free from liability the using authority for all property damage done to the premises except that portion under the direct control of the using authority. This shall include in addition to immediate use areas, entryways, hallways and restrooms made available to the using authority. In the case of use of outdoor areas it shall include responsibility for property damage to immediately adjacent portions of the building. The using authority shall reimburse the owning authority for actual cost of repairing property damage done to premises for which it is responsible. The using authority shall be responsible for the supervision of those persons participating in the scheduled event in the area of the premises under the direct control of the using authority. The using authority shall hold harmless and free from liability the owning authority for any personal injuries, which are the result of its failure to supervise participants in the areas under its care, custody, control, excluding those injuries caused by latent or patent defects of the premises. 9. The property, equipment, buildings, and grounds of the City and School shall be available for the use of the other party when there is no conflict with owner uses. /0s90, 3 10. The Superintendent and the City Manager or their designated representatives shall develop detailed scheduling and use requests for the use of the other party's facilities in such a manner that mutual agreement may be reached in writing no less than thirty (30) days prior to initiation of any program changes. All such agreements shall become fixed for scheduling purposes for the facilities and times agreed upon, except scheduling changes may be agreed to mutually when an emergency exists. 11. This Agreement may be terminated by either party upon ninety (90) days written notice prior to the effective date of such cancellation; and, unless sooner terminated, the term of this agreement shall be for a period of 3 years commencing on the 2fday of 1979, to and including the30 day of �, 1982. 12. This Agreement shall terminate and supercede any prior agreements on the same subject matter between the parties hereto and their predecessor's. Whereas each party is responsible for the care and upkeep of its facilities and whereas the using party is responsible for the hiring of supervisory personnel, no expenditures of funds are necessary to implement this agreement, except as to reimbursement for property damage contained in paragraph 8 above. It is the understanding of the parties that this Agreement shall conform to the requirement of Chapter 28E of the Code of Iowa; and, as such, this Agreement will take effect only upon execution by the City Council of the City of Iowa City, Iowa, the School Board of the Iowa City Community School District, filing with the Secretary of State of the State of Iowa, and its being duly recorded with the County Recorder of Johnson County, Iowa. Dated at Iowa City, this/5/-/t day of _ , 1979. Attest: CITY OF IOWA CITY SEAL IOWA CITY COMMUNITY SCHOOL DISTRICT Attest: Be rd Secret ry President, Board of Education 2 82 - i� s9 4 This Agreement was approved by the City Council on the 14th day of August, 1979. Signed: l U City Clerk This Agreement was approved by the Iowa City Community School District Board of Education on ����i'� �� I%7%. r ar• .. r�, s /n( r P RESOLUTION NO. 79-393 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCiPPT6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvedfor the following named person or persons at the following described location: John Gingrich dba O'Kelly's, 114 Wright St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse deProsse and seconded by Erdahl as r�,a be adopted, and upon ca AYES: NAYS: KI x ABSENT: Erdahl x Neuhauser x Perret x Roberts x x Vevera Passed and approved this 28th day of August 19 79 Mayor Attest: City Clerk RESOLUTION NO. 79-394 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICi(TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �� Liquor Control License application is hereby approved for the following named person or persona at the following described location: Deadwood, Inc., 6 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Erdahl that the Resolution as re�adopted, and upon ro7 caIT there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this AYES: NAYS x x x x x x x 28th day of Mayor Attest: C/ sir/ „_e City Clerk U ABSENT: August 19 79 /D 6 a RESOLUTION NO. 79-395 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The Cityy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Er�rdahj__ that the Resolution as ree re—a3�e adopted, and upon r—lo lc�a l there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 28th day of August , 19 79 �BLf L'l.�L•1��� ,���e'f�f� Mayor o � 7 / Attest: e e_1� City Clerk ld J;_3 RESOLUTION NO. 79-396 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 , /��r Attest: I /(_Z' ' City Clerk ABSENT: 28th day of August Mayor /46f RESOLUTION NO. 79-397 RESOLUTION TO REFUND BEER PERMIT WHEREAS, Dennis Claire Ellis dba Needs at 18 South Clinton St. has surrendered Beer Permit No. BC1004 expiring Dec. 31, 1979 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby 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 $ 18.75 , payable to Dennis Claire Ellis dba Needs for refund of Beer Permit No. BC 1004 It was moved by deProsse and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser X Perret X Roberts X Vevera X Passed and approved this 28th day of August 19 79 , Mayor Attest: G,L.,.-' (J i City Clerk labs" C 1 RESOLUTION NO. 79-398 3 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv— eT7or the following named person or persons at the following described location: Sgt. Pepper Corp. dba Sgt. Pepper, 1200 South Gilbert Court Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts yevera deProsse and seconded by Erdahl as rune adopted, and upon roti call AYES: NAYS: ABSENT: Passed and approved this 28th day of August , 19 79 Mayor Attest: (( - j? /x City City Clerk /06'bz RESOLUTION NO. 79-399 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: Sgt. Pepper Corp. dba Sgt. Pepper, 1200 South Gilbert Court It was moved by deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon rol ca t ere were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x ABSENT: Passed and approved this p8th day of August 19 79 . Attest: City Clerk ��04; 4& Mayor /'5 6 7 RESOLUTION NO. 79-400 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: Towncrest D -X, Inc., 2611 Muscatine Ave. Dennis P. Grimm dba University 66, 25 West Burlington St. Robert 0. Bell dba Bob Bell's Standard Service, 2315 Muscatine Ave. It was moved by dpProssp and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 28th day of 19 79 , Mayor Attest: G / City Clerk August /o Gg CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-99 - Tuck's Place, 210 North Linn (James J. Tucker) 80-100 - Leo's Standard Service, 130 North Dubu ue St. (Leo P. Lenoch) 80-101 - Towncrest Texaco, 2303 Muscatine Ave. Regal Vending) 80-102 - Lon's Gas & Grocery, 105 E. Burlington (Lon Brown) 80-103 - Country Kitchen, 1401 S. Gilbert St. (Ronald L. Novak & Richard G. Bowers) 80-104 - V.F.W. Post 2581, 1012 Gilbert Court 80-105 - Pagliai's Pizza, Ltd., 302 East Bloomington St. 80-106 - The House of Submarines, 12 South Dubuque (Hawkeye Amusement) 80-107 - Rochester Ave. DX, 2233 Rochester Ave. (Robert E. Shank) 80-108 - East-West Oriental Foods, 615 Iowa Ave. (Inn Ho Shinn) 80-109 - Osco Drug #826, 120 E. College St.(Osco Drug, Inc.) 80-110 - Sanctuary, 405 S. Gilbert St. (Regal Vending) 80-111 - Hilltop D -X, 1123 North Dodge St. (DOMLL, Inc.) 80-112 - Chuck's Clark, 504 E. Burlington (Charles J. Christensen) 80-113 - Maid -rite, 630 Iowa Ave. (Joseph Momberg) 80-114 - Ware & McDonald Oil, 828 South Dubuque St. 80-115 - Best Steak House, 1 South Dubuque (Bill Mihalopoulos) 80-116 - Lakeside Apts., Highway 6 West (Iowa City Vending) 80-117 - Sears, Roebuck, Sycamore Mall (Iowa City Vending) 80-118 - Kirkwood 76 Store, 300 Kirkwood Ave. (Inland Transport Co.) 80-119 - Harry's Dodge St. DX, Inc., 605 North Dodge 80-120 - Mall Mobil, Sycamore Mall (Robert Uhler) 80-121 - Amelon's Skelly Service, Inc., 204 North Dubuque 80-122 - University of Iowa Football Stadium, Ogden Food Service Corp. 80-123 - The Shamrock, 525 S. Gilbert St. (Richard T. Corcoran) 80-124 - Russ' Standard, 305 N. Gilbert (Rosalie Vitosh) 80-125 - Walt's, 928 Maiden Lane (Walter Poggenpohl) 80-126 - Comer's, Inc., 13 South Dubuque St. 80-127 - Doc's Standard, Inc., 801 S. Riverside Dr. 80-128 - Sambo's Restaurant, 3760 State St. (Canteen Food & Vending Service) 80-129 - Nickelodeon, 208 North Linn (Robert Dane) 80-130 - Bart's Place, 826 South Clinton (Richard J. Bartholomew) 80-131 - Donutland #41, 817 S. Riverside Dr. (Donutland, Inc.) 80-132 - University 66 Service, 25 W. Burlington St. (Dennis P. Grimm) 80-133 - Towncrest DX, Inc., 2611 Muscatine Ave. 80-134 - Bob Bell's Standard Service, 2315 Muscatine Ave. (Robert 0. Bell) 80-135 - The Brown Bottle, 114 S. Clinton St. (I.C.B.B., Ltd.) RESOLUTION NO. 79-401 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYCATT6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv7or the following named person or persons at the following described location: BLS Corporation dba Club Car Lounge, 122 Wright St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Erdahl that the Resolution as rea a adopted, and upon ro71—c—a'IT there were: AYES Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 28th Attest: L C t�G� c �� City Clerk NAYS: ABSENT: day of August , 19 79 Mayor 1,470 RESOLUTION NO. 79_4(17 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hamer, Ltd. at 1021 S. Gilbert St. in Iowa City, Iowa, has surrendered cigarette permit No. 79-112 , expiring June 30 , 19 79 , 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. 79-112 , issued to Hamer, Ltd. 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 Hamer. Ltd. as a refund on cigarette permit No. 79-112 . It was moved by deProsse and seconded by Erdahl that the Resolution as reed be adopted, and upon roll call there were: Passed and approved this 28th day of August 19 79 Mayor Attest: �)L%cam ✓�� G A -j 71 AYES: NAYS: ABSENT; Balmer X_ deProsse X Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 28th day of August 19 79 Mayor Attest: �)L%cam ✓�� G A -j 71 v RESOLUTION NO. 79-403 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTZ'A3 M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro—WTTor the following named person or persons at the following described location: O'Neill Enterprises, Ltd. dba Lamplighter II, 1310 Highland Court Y Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deRrosse and seconded by Erdahl that the Resolution e■■ teak>e>e adopted, and upon roti call there were: AYES: NAYS: ABSENT: Balmer x deProase x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 28th day of Mayor r Attest:a2v��_ ,� ��. City Clerk August 19 79 J�J' - / k RESOLUTION NO. 79-404 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OZ fig_ ALLEY IM ROVF3�'7FN P PEW= - BUCKS 28 AND 29 O.T. - 1979 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 JJJWay of SaDtA„+lwr , 19 7q , at 7 -in 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 (4L 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 deProsse 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 ABSENT: BALI ER DEP%1SSE ERDAHL NEUHNUSER PERRET RDBERM VEVERA Passed and approved this 28th day of August , 19 79 ���� ATTEST: Mayor ( ( Received $ A rpy [. LLL' ._�/� City Clerk � By Ina legal Deparhnent 4 RESOLUTION NO. 79-405 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY BABE RUTH LEAGUE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Babe Ruth League sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Babe Ruth League is a non-profit program, organized and operating 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse x Erdahl x Neuhauser x_ Perret x Roberts x Vevera Passed and approved this 28th day of August 1979 /�� FIAYOR ATTEST: C/ ) CITY CLERK WBIM 6 IPPROin 8Y in URAL DEPIRim i AGREEMENT This Agreement was made and entered into on the -W to day of 1979, by and between the City of Iowa City, Iowa, a municJ pal corporation, hereinafter referred to as the "City," and the Babe Ruth League 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 Babe Ruth League 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 Babe Ruth League 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 Babe Ruth League agrees to provide a meaningful recreation program to meet the needs of the youth in the community. II. FUNDING The City of Iowa City shall pay to the Babe Ruth League the sum of $1284/Yr. in FY80 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Babe Ruth League at the time of signing of this contract. B. The Director of the Babe Ruth League shall submit a report of activities at the end of the contract period. C. The Babe Ruth League will provide an accounting at the end of the contract period. D. For the purposes of this agreement, staff are considered employees of the Babe Ruth League. /a 75 2 E. The Babe Ruth League 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 Babe Ruth League to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. The Babe Ruth League, 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 claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Babe Ruth League staff including but not limited to persons or properties served by or coming into contact with the Babe Ruth League. 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. The Babe Ruth League agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughtout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa Iowa: ROBERT A. VEVERA, MAYOR For: //i�P 1�ti7•� �c'Y NAME f 7 TITLE /'� '1� ATTEST: rzz� /�.� ATTEST: ABBIE STOLFUS, CITY C ERK N41E ➢Laxly p 6 tppRONID Ta LM'L DEp4RjUl -�' 767 RESOLUTION N0. 79_406 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY BOYS' BASEBALL, INC. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Boys' Baseball, Inc. sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts under 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse —x Erdahl --x Neuhauser x Perret X Roberts X Vevera Passed and approved this 28th day of August 1979 MAYOR ATTEST: CITY CLERK 1 arcr1ra i AMOVM BY TIM MAL DEPABTiiM AGREEMENT This Agreement was made and entered into on the ��zf day of L'( 1979, by and between the City of Iowa City, Iowa, a mun' i�pal corporation, hereinafter referred to as the "City," and the Boy's Baseball 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: I. The Boy's Baseball 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 Boy's Baseball 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 Boy's Baseball agrees to provide a meaningful recreation program to meet the needs of the youth in the community. FUNDING The City of Iowa City shall pay to Boy's Baseball the sum of $1284/Yr. in FY79 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to Boy's Baseball at the time of signing of this contract. B. The Director of Boy's Baseball shall submit a report of activities at the end of the contract period. C. Boy's Baseball will provide an accounting at the end of the contract period. X0 79 i� D. For the purposes of this agreement, paid staff are considered employees of Boy's Baseball,.Inc, E. Boy's Baseball shall maintain in full force, and effect a compre- hensive 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 in liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of Boy's Baseball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. Boy's Baseball, 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 claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Boy's Baseball staff including but not limited to persons or properties served by or coming into contact with the Boy's Baseball 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. Boy's Baseball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. FoM�, /i,ty ooff IIIoowwaa, , wa:: ROBERT A. VEVERA, MAYOR For: NAME z z ATTEST: ABBIE STOLFUS, CITY/CLERK 3 6 TITLE t ATTEST:&w NAME C TIT E RECAUM S dp,,RO' By .1M LEGAL Z)ZpU II1 RESOLUTION NO. 79-407 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY GIRLS' SOFTBALL WHEREAS, the City Council of Iowa City,- Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Girls' Softball sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Girls' Softball is a non-profit program, organized and operating 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August / 1979. MAYOR ATTEST: J CITY CLERK RECEIVED 3 APPROVED BY = LEGdI DEPARTMENT Piz -74 .Q /09"q AGREEMENT This Agreement was made and entered into on the a Y c/ day of « u� 1979, by and between the City of Iowa City, Iowa, a munIc pal corporation, hereinafter referred to as the "City," and the Girl's Softball Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to- wi t: 1. The Girl's Softball 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 Girl's Softball 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 Girl's Softball agrees to provide a meaningful recreation program to meet the needs of the youth in the community. II. FUNDING The City of Iowa City shall pay to Girl's Softball the sum of $1284/Yr. in FY80 with the agreement between the parties that the funds shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City shall transfer the funds to Girl's Softball at the time of signing of this contract. B. The Director of Girl's Softball shall submit a report of activities at the end of the contract period. C. Girl's Softball shall provide an accounting at the end of the contract period. 2 D. For the purposes of this agreement, staff are considered employees of Girl's Softball, Inc. E. Girl's Softball shall maintain in full force and effect a compre- hensive 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 Girl's Softball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. Girl's Softball, 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 claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Girl's Softball staff including but not limited to persons or properties served by or coming into contact with the Girl's Softball 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. Girl's Softball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980 except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For th City of Iowa, Iowa: Fo -� ROBERT A. VEVERA, MAYOR NAME ATTEST: � � �,(/ ABBIE STOLFUS, CITY CLERK �6CL TITLE J ATTEST: NAME TITLE 8Eclum S 4tFfir)AFn RESOLUTION NO. 79-408 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 28th ATTEST: ! 16-e CITY CLERK day �off August 1979. MAYOR RWJIM A APPROVED = LEGAL DEPARTIMT /o 96' k - AGREEMENT This Agreement was made and entered into on the 99 d/ of -� - 1979, by and between the City of Iowa City, Iowa, a municip corporatio er_einafter referred to as the "City," and the Iowa Vty-GETS s- n erV�nttiah3Ct �, +r one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: I. 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 and emergency transportation and emergency shelter for both callers and walk ins. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $7,500 in FY80 with the agreement between the parties that $2,500 will be used to meet operating expenses of the Transient Services and $5,000 will be used to meet operating expenses of the Crisis Center. III. GENERALA DMINISTRATION A. The City will transfer the funds in quarterly payments. The first payment will be made at the time of signing. B. The Iowa City Crisis Intervention Center Director will submit quarterly reports of its activities to the City Council. 1087 2 C. The Iowa City Crisis Intervention Center will submit quarterly accounting reports of expenditures. 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 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 wrong doings 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. The Iowa City Crisis Intervention Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V.ASSIGNMENT This agreement may not be assigned without written agreement of the parties. /O 8Y 3 For tf ity o Iowa,, owa: For: Iowa City Crisis Intervention N��2�!- enter ROBERT A. VEVERA, MAYOR E Board Chairperson �1 TITLE / ATTEST: � �( L� ATTEST: AI I-J-4f� A BIE STOLFUS, CITYICLERK NAME Director TITLE RECEIVED 6 IFFRO-WED BX To LEGAL DEPARTUOT % .4,tP - u -7�R�d 8 RESOLUTION NO. 79-409 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR COMMUNITY SERVICES IN THE IOWA CITY AREA WITH FRIENDS OF CHILDRENS MUSEUM WHEREAS, the City Council of Iowa City deems it in the public interest to maintain a museum which exhibits pioneer life, WHEREAS, Friends of Childrens Museum is an agency which plans and operates a museum which is open to the public, WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Friends of Childrens Museum 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse _x Erdahl x Neuhauser _x Perret _x Roberts _x Vevera Passed and approved this 28th day of August , 1979. MAYOR ATTEST: / TY CLERK BY rn LEGLL D>P1RT1=7 AGREEMENT This Agreement was made and entered into on the .2,V-6,1 day of C� _ 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Friends of the Children's Museum for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: I. The Friends of the Children's Museum 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 Friends of the Children's Museum 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 Friends of the Children's Museum agrees to provide a museum located in the log cabins in City Park to exhibit Pioneer Life which is open to the public. II. FUNDING The City of Iowa City shall pay to The Friends of the Children's Museum the sum of $2,140 in FY79 with the agreement between the parties that the funds will be used toward operating expenses. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two equal payments. $1,070 at the time of signing and the remaining payment will be made on January 1, 1980. B. The Museum Director will submit an annual report of its activities to the City Council. C. The Friends of the Children's Museum will submit an accounting of expenditures at the end of the contract period. Z D. For the purposes of this agreement staff shall be considered employees of the Friends of the Children's Museum and any fringe benefits received by the staff shall be through the said Friends of the Children's Museum. The employees of the Friends of the Children's Museum shall comply with personnel policies formulated by the Board of Directors. E. The Friends of the Children's Museum 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 Friends of the Children's Museum 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 Friends of the Children's Museum, 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 wrong doings caused by the Friends of the Children's Museum staff including, but not limited to injuries to persons or properties served by or coming into contact with the Friends of the Children's Museum. 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. The Friends of the Children's Museum agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For t City of Iowa Iowa: ROBERT A. VEVERA, 1AYOR ATTEST: ABBIE STOLFUS, CITY CLERK For: NAME TITLE ATTEST: NAME /�uiLX c,,�A TITLE DYED B% %iUM LEGAL �^%/ ' /tZC RESOLUTION NO. 79-410 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 28th day of August , 1979. MAYOR ATTEST: CITY CLERK RECEIVED & ArrRf'aD BY .'THE IXGAL LLFAR-IErNI P—z z 11�95� 1&.4-1._r_4�_k AGREEMENT Th ent was made and entered into on the 3 , day of �i 1979, by and between the City of Iowa City, Iowa, a munic' al 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 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 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 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 $23,133 to provide these services during the 1979-80 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. III. GENERAL ADMINISTRATION A. The City will provide accounting and payroll services for the Mayor's Youth Program during the school year program. 109,6 ' 2 B. The Director shall submit monthly reports and minutes to the City Council. C. The 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 Agree- ment, 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 expendicures 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 Program. E. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. F. Mayor's Youth agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a 30 day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For th ity of Iowa, Iowa: ROBERT A. VEVERA, MAYOR For: Mayor's YouthProgram E TITLE /O ff 7 ATTEST: ' , A/' d�A J ABBIE STOLFUS, CIPY CLERK D ATTEST: _--kg d t 4 5 A, ( l NAME '7 1 TITLE $ �Ijro•/L 4PPROVID �T1[i.3TT RIL4 _fin RESOLUTION NO. 79-411 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY, IOWA 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August , 1979. MAYOR ATTEST: c� _ CITY CLERK RECEIVED do A --- "--) BX THE LEGAL DaAkrAJT F- ZZ_ r79 - /Y // AGREEMENT This Agreement was made and entered into on the 0,c�� day of a t 1979, by and between the City of Iowa City, Iowa, a munici or oration, hereinafter referred to as the "City," and the '(or- one (1) year beginning with the signing of this greemen . 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 $13,763 in FY80 with the agreement between the parties that the funds shall be allocated toward the salary of a full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds quarterly to the PALS Program. The first payment will be made at the time of signing of this contract. B. The PALS coordinator shall submit quarterly reports to the City Council. /o pf 2 C. PALS will provide a quarterly accounting of expenditures. 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 hehein. 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. PALS agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the Ci of I0 1owa: ROBERT A. VEVERA, MAYOR ATTEST: l, , ABBIE STOLFUS, CITY CLERK -3 For: In Progr NAME TITLE -. l ATTEST: (M�'►� AME !� 1L r"! TITLE RECEI M d APPROVED IM GM LEGAL DEPARTIMT J:- -- -7- - 7 9 /frc� RESOLUTION NO. 79-412 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 deProse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of Augusstt� 1979. MAYOR ATTEST: CITY CLERK RECEIVED A IPPROPED HY TEE UZU DEPIRTIM AGREEMENT This Agreement was made and entered into on the o1P 17tL day of C1c 1979, by and between the City of Iowa City, Iowa, a municipO 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 speaker's 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 $,6,715a year in FY80 with the agreement between the parties that the $6,715 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 ($3,357.50 at the time of signing and a $3,357.50 payment to be made on January 1, i -M. 1� go .a 2 B. The Director of the Rape Victim Advocacy Program shall submit monthly reports and biannual report at the end of the contract period. C. Rape Victim Advocacy Program will provide an accounting 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. Rape Victim Advocacy Program agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without agreement of the parties. For th ity of Iowa, owa: F ROBERT A. VEVE A, MAYOR A RANDALL P. BEZANSON V.P. FinancvUniv. semc ATTEST: �J ATTEST: ABBIE STOLFUS, CITY CLERK NAME TITLE RECEDED S !mom BY TEE LEGAL DEpa7I 7 RESOLUTION NO. 79-413 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM AND THE MID EASTERN IOWA COMMUNITY MENTAL HEALTH WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide community awareness education program in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program and the Mid -Eastern Iowa Community Mental Health has developed a community awareness education program concerning sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements. 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser x Perret X Roberts X Vevera Passed and approved this 28th day of August 1979. ATTEST: ,Z CITY CLERK /�LeLd" i�//✓di- �/ MAYOR RFCF.IVRn g gpcgn,rM AY TI' L. 'u�j I.S£AItm"T J ! A G AGREEMENT This Agrgement was made and entered into on the 2l 64t' day of C 1979, by and between the City of Iowa City, Iowa, a municipals rporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program and the Mid -Eastern Iowa Community Mental Health 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 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 RVAP and the Mid -Eastern Iowa Mental Health Center will conduct a Near North Side Prevention Project by the distribution of educational materials to residents of that area. II. FUNDING The City of Iowa City shall pay to the RVAP and the Mid -Eastern Iowa Mental Health Center the sum of $2,800 in FY80 with the agreement between the parities that the $2,800 shall be allocated toward the administration of the Near North Side Prevention Project. III. GENERAL ADMINISTRATION A. The City of Iowa City will transfer the funds in one single payment at the time of signing. B. The Coordinator of the RVAP shall submit monthly reports and a final report at the end of the contract period. C. The Mental Health Center will provide an accounting at the end of the contract period. D. The Director of the RVAP shall be insured by WESTERN WORLD for the purposes of administration of the Near North Side Prevention Project and this policy is intended to be primary coverage for any liability arising from the administration of the Near North Side Prevention Project. //06 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. The Rape Victim Advocacy Program agrees that its staff and agents will not travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract with City funds. G. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa /City, Iowa: For:: Robert A. Ve vera, Mayor NAME qCw� �c�u�xar-cXy �ylC:,��tt.Gtk C`c,�� ATTEST:Z. TITLE Abbb* Stolfus, City Jerk ATTEST:\11��t—,�_ TITLE &0 7 /& - RESOLUTION NO. 79-414 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 to attest this agreement. It was moved by deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August , 1979. � MAYOR ATTEST: G -(L '• lye ��J CITY CLERK RECEIIn g A.PR07ED 81 as LEGAL DEPARTUQV. A-4 . �"" AGREEMENT Thi Agreement was made and entered into on the _ U647 day of 1979, by and between the City of Iowa City, Iowa, a munici al 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 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 serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. a. Staff and maintain a U.A.Y. walk-in center which will be open weekdays from 8:30 a.m. to 4:30 p.m. 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. //A 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 determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and be available to alleviate their current situation. C. Identify and utilize available referral services to assist young people to meet their needs or improve their current situation. d. Consult with and refer youth to other agencies in the community and remain 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 i 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. Utilize a questionnaire to solicit feedback which will determine the effectiveness of Outreach services every six months from: a. Clients that will (1) reflect how well their needs have been met, (2) determine whether they felt the course of action was in their best interest, (3) determine the level of trust and rapport with the U.A.Y. staff, and (4) determine if gaps in services exist among agencies. b. Agencies that refer clients to U.A.Y. C. Agencies to which U.A.Y. referred clients. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. 3 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House at the Friends Meeting house and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. 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 FY79 with the agreement between the parties that the funds shall be used toward general operating costs. III. GENERAL ADMINISTRATION A. The City will transfer the funds monthly to U.A.Y. The first transfer will occur at the time of signing. B. The U.A.Y. Director will submit monthly board minutes, quarterly reports and an annual report to the City Council. C. U.A.Y. will provide a monthly accounting of expenditures 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 Manage?-. 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 �- �flrflkl:pfl a IRIKI WrIfIX&M 311I1 / 3 1S311V N8313A1I3 'SAJIOlS 3I88V rP 15311tl HOAVW 'MAD •V 183808 :eMol 'eMol ;o Ag L3 aq; uoj ayj ;o 4uawaau6e ua saLgaed jjLaM jnoygtM pau6tsse aq jou AR juawaaa6e s. _ 1N3WNJISSV 'A •uLauay papLAojd se gdaoxa '0861 '0£ aunp uo ajeuLwaaj LLeys pue saLjaed ayg ;0 6uLu6Ls ayg uodn aouawwoo LLeys gu8waa,A6e sLyl NOIlV8fl0 'AI Ajaed aayjLa Aq aoLgou Rep 0£ a uodn pajeuLwIaj aq Aew goerguoo sLyl j3eujuoo sLyj 3 o uo1leanp ayg gnoy6nougj juawpuawy sgy618 Lenb3 ayg paL;Lgel you sey jeyj ajejs Aue of Laneag of spun; RI Q asn jou Mm sjua6e pue ;;ejs sjL geyg saau6e •A'V'fl •poLuad App OE geyg puoAaq 94L3 ay; ;o AjLLLgeLL ou yjLM pue poL.Lad Aep OE a uLyjLM uoLjeuLwuaj uodn pled aq og aue sLLLq 6uLpuejsjno LLV •A'V'fl ygLM j0e4uoo ojuL 6uLwoo ao Aq paAaas saLjaadoad uo suosaad of saL,inCUL og pajLwLL jou jnq 6uLpnLouL ;;egs •A•V•n ayg Aq pasneo s6uLop6uOJM Aue ao; jo juawaa,46e sLyj ;o swuag aq-4 ,aapun 6uLsLae sabewep ;o sWLeL7 ao AjLLLgeLL LLe pue Aue woa; sguabe M I I .0 79— yes" AGREEMENT This Agreement was made and entered into on the VY k day of - (a- 1979, by and between the City of Iowa City, Iowa, a municip 1 corporation, hereinafter referred to as the "City," and the Inc. for one (1) year beginning with the signing of this greement: This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Youth Homes Inc, 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 Youth Homes Inc. 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 Youth Homes agrees to serve the Iowa City community by providing temporary and long term, twenty-four hour care (housing and counseling) for adolescents who are children in need of assistance, delinquent children, or children facing a crisis with which they cannot cope. II. FUNDING The City of Iowa City shall pay to Youth Homes for support of the shelter and the two group homes the sum of $8,000 in FY80 with the agreement between the parties that the said money shall be used toward general operating costs. III. GENERAL ADMINISTRATION A. The City will transfer the funds to Youth Homes, Inc. in two equal payments. $4,000 at the time of signing of this contract and the remaining payment will be made January 1, 1980. B. The Director of Youth Homes will submit quarterly reports to the City Council of Iowa City. C. Youth Homes will submit quarterly accounting reports of expenditures at the end of the contract period. z D. For the purposes of the agreement, the Director and staff shall be considered employees of Youth Homes and any fringe benefits received by the staff shall be through the said Youth Homes. The employees of Youth Homes shall adhere to the personnel policies formulated by Youth Homes. E. Youth Homes shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance 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 Youth Homes to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights and privileges contained herein. F. Youth Homes, 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 Youth Homes staff including but not limited to, inquiries to persons or properties served by or coming into contact with the Youth Homes. 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. Youth Homes agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of the contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Ipwa: RO ERT A. VEVERA, MAYOR For: Yount 14Gnes, /.vc. NAME ATTEST: (�C �c L �U ABBIE STOLFUS, CITY PLERK T TLS E ATTEST: � NAME RECEIVED 6 APPROVED EX W I,= DEPIRTIMT .P - 7- 7-1 -1 y 'P4& ///S RESOLUTION NO. 79-416 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOWCREEK 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 28th day of August 1979. 11 MAYOR ATTEST: CITY CLERK RECEIVED 8 APPROVED HI TJXIT DEPIRTYEN4 S-zz —74' Q�'_ AGREEMENT This Agreement was made and entered into on the ;/J- `x day of 1979, by and between the City of Iowa City, Iowa, a munic pal 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 program in the Willow Creek Neighborhood Center area. II. FUNDING The City of Iowa City shall pay to the Willow Creek Neighborhood Center the sum of $5,615 in FY80 with the agreement that the 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 quarterly, the first payment to be made at the time of signing of this agreement. B. The Willow Creek Neighborhood Center Director will submit monthly reports of its activities to the City Council. z C. The Willow Creek Neighborhood Center will submit quarterly accounting reports of expenditures. 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. Any wrong doings 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. The Willow Creek Neighborhood Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 1117 Ford/O1f'L�' w/ Iowa: ROBERT A. VEVERA, MAYOR ATTEST: � , d ABBIE STOLFUS, CIT � CLERK ot For: NAME TITLE ATTEST: , AW TITLE XXGAL -7g4RTYE1T7, duQu4Liedep )ess, eql Ae p*naddV V pen;e.)aa /r// 61 6T ;sn6ny 30 TJ2P 438Z sr[P Panaxdde Pue Passed ydaNm x SSHSa d X SSH2I3d X 2ISSIIiimaN X rlHvc a X Sssolcl 1I X ,d9w dH X SNSSEV SAKN Sad - :alar, ar9g4 TTuO TTQx u0cht Pue 'Pa4doPe aq Peaz se mTgnTosad aq4 gegg L4ePa3 A4 papuoes pue asso.tdaP Aq Pau sem :jI •pancudde Agazaq am :oaCoad PauJ2uanoge aqg 3o uor4-0azgsuoo aR� zo; gso0 ;o a}eupsa pue 'goea4u0o ;o uuo; 'suor;eoi;toads 'sueTd aqp -oma :SDI 'ASID wi do ASD SHS do rimmoo SHS AH aanosmi SI SH 'Sdo3S mu 'MON •PTaq uoazaq; buiieaq aq; Pue 'mPT Sq Paz?tbaa se pixs 9Rd sem :paCaid pa=-anoge aq} ;o uoT:pnzgsuoo aq; Mg gsoO ;o a}eurE-4sa Pue ';oez}uoo ;o uuo; 'suope0t;roads 'sueTd aq} w burzeaq otTgnd 3o aot�ou 'StISINl (s;tcm S) MIIVAON3H UVIMCW SHS aO NDI,i. ZTSNM SHS HOd SSM do RLVKIIM aW ' wydjkDO do Rica 'smIS\i ijimds ' swid 9NIAoHciav BDIdLYlOsm LLb-6L 'ON NOI=OSMI RESOLUTION NO. 79-418 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NORTH- WEST BY-PRODUCTS PROVIDING FOR THE DISPOSAL OF DECOMPOSED ANIMAL MATTER IN THE CITY'S SANITARY LANDFILL. WHEREAS, the City of Iowa City, Iowa operates a sanitary landfill for the disposal of solid waste, and WHEREAS, it is in the public interest that potentially dangerous solid waste be disposed of immediately and properly, and WHEREAS, the Iowa Department of Environmental Quality has approved the disposal and has provided specifications for the operations; THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. The Mayor and City Clerk are authorized to sign and attest to an agreement between the City of Iowa City and Northwest By -Products providing for the disposal of decomposed animal matter in the City's sanitary landfill, pursuant to specifications provided by Iowa Department of Environmental Quality. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August , 19 79 7 ATTEST: L� / CITY CLERK MAYOR I?ECEIVEP a �. Bx 1km LF.G9.L' "T .SKS ��lo-A5 f his Agreement is made by and between Northwest By -Products, a corporation, and the City of Iowa City, a municipal corporation, hereinafter called the "City." 1. Consideration. In consideration of the City allowing Northwest By -Products to deposit a dangerous cargo of decomposed animal matter in the City's Sanitary Landfill, Northwest By -Products agrees to pay the standard landfill fees plus the hourly salary of all City employees supervising the operation. 2. Terms and Conditions. Northwest By -Products agrees to comply with all applicable spec- ifications and regulations of the Iowa Department of Envircmental quality in depositing its cargo in the City's landfill. 3. Personnel. Northwest By -Products agrees that it shall furnish all personnel necessary to safely implement the deposit operation. The City agrees that it shall furnish supervisory personnel for the deposit operation who shall be located out of the zone of danger. 4. Northwest By -Products agrees to indemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the deposit of said cargo in the City's Sanitary Landfill. Dated this ,' day of August, 1979. Dated this /0 Zk-day of August, 1979. Mayor z " C .cl City Clerk BX TL LAG"—L -;;T �'S 8-10-a9 RESOLUTION NO. 79-419 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RIVER CORRIDOR SEWERS PROJECT WHEREAS, Martin K. Eby Co., Omaha, Nebraska has suhmitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITI, ICWA: 1. That the contract fir the construction of the above-named project is hereby awarded to Martin K. Eby Co., Omaha, Nebraska, at $6,293{051 5n , subject to the condition that awardee secure adequate performance bond and insurance certificates: and concurrence by EPA and IDEQ (an increase in the grant amount to include all eligible costs and upon approval by EPA of the contractors Minority Enterprise involvement). 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 deProsse that the Resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 28th day of August , 19 7c)_ ATTEST: �=_ 22?�� CITY CLERK MAYOR /11 CONTRACT THIS AGREEMENT, made and entered into this 1st day of October , 1979 , by and between the City of Iowa City, Iowa , party of the first part, hereinafter referred to as the "Owner", and Martin K. Eby Construction 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 8th day of May 1 1979 , for River Corridor Sewers, Divisions 1, 2 and 3 under the terms and conditions therein fully stated and set forth, and, WHEREAS, said plans, specifications and proposal blanks 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 proposal of the Contractor for the work, as follows: C-1 11640 Contract RIVER CORRIDOR SEWERS DIVISION 1 Construct approximately 13,878 linear feet of sanitary and storm sewer in open cut, 8" through 54" in diameter; street crossings in open cut; jacking or augering of pipe; manholes; special structures; drop connections; connections to existing sewers; removal and abandonment of existing sewers; removal and replacement of sewer service pipe and connections; appurtenances; street surface removal; street surface replacement by Subcontractor; miscellaneous concrete replacement; surface restoration; granular backfill; special protection and handling of existing utilities; construction near railroad trackage and right-of-way; special construction procedures and miscellaneous associated work, including cleanup, for the unit prices, extended prices and lump sum prices for the approximate quantities shown in the Proposal for the sum of FOUR MILLION, ONE HUNDRED THIRTY-EIGHT THOUSAND, SIX HUNDRED FOURTEEN and 50/100 DOLLARS ($4,138,614.50). DIVISION 2 Construct approximately 5,111 linear feet of sanitary and storm sewer in open cut; 15" through 36" in diameter; street crossings in open cut; jacking or augering of pipe; manholes; special structures; drop connections; connections to existing sewers; removal and abandonment of existing sewers; appurtenances; street surface removal; street surface replacement by Subcontractor; miscellaneous concrete replacement; surface restoration; granular backfill; special protection and handling of existing utilities; special construction procedures and miscellaneous associated work, including cleanup, for the unit prices, extended prices and lump sum price for the approximate quantities shown in the Proposal for the sum of NINE HUNDRED THIRTY-SIX THOUSAND, NINE HUNDRED SIXTY-SEVEN and no/100 DOLLARS ($936,967.00). DIVISION 3 Construct approximately 2,583 linear feet of sanitary and storm sewer in open cut, 6" through 33" in diameter; river crossing; street crossings in open cut; jacking or augering of pipe; manholes; special structures; connections to existing sewers; removal and abandonment of existing sewers; appurtenances; street surface removal; street surface replacement by Subcontractor; miscellaneous concrete replacement; surface restoration; granular backfill; special protection and handling of existing utilities; construction near railroad trackage and right-of-way; special construction procedures and miscellaneous associated work, including cleanup, for the unit prices, extended prices and lump sum prices for the approximate quantities shown in the Proposal for the sum of ONE MILLION, TWO HUNDRED SEVENTEEN THOUSAND, FOUR HUNDRED SEVENTY and no/100 DOLLARS ($1,217,470.00). ALL DIVISIONS The total amount of this contract is as follows: DIVISION 1 $4,138,614.50 DIVISION 2 936,967.00 DIVISION 3 1,217,470.00 TOTAL - DIVISIONS 1, 2 AND 336,293,051.50 C-2 11640 2. That this contract consists of which are made a part of this and absolutely as if they were Contract the following component parts agreement and contract as fully set out in detail in this contract: 2.1 Contract Documents, including: 2.1.1 Notice of Hearing 2.1.2 Advertisement for Bids 2.1.3 Instructions to Bidders 2.1.4 Proposal 2.1.5 Federal Grant Documents 2.1.6 Bond 2.1.7 General Conditions 2.1.8 Supplemental General Conditions 2.1.9 Special Conditions 2.1.10 Detailed Specifications 2.1.11 Plans listed in the Specifications 2.1.12 Addenda issued to the foregoing. 2.2 This Instrument. 2.3 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 and made a part of this contract. 4. That this Contract is executed in quintuplicate. IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals the date first written above. CONTRACTOR: PIARTI K. EBY CO_N[STRUCTION CO., INC. by LQ Robert N. Brite Title Vice President ATTEST: � IrL/Wi/ — / John Wright Title Assistant Secretary C-3 11640 CITY OF -IOWA CITY, IOWA Byd-z " 'c z , Mayor ATTEST: City C erk :+ NAME AND ADDRESS OF AGENCY - R. B. Jones Insurance Inc. / Alexander '& Alexander 230 R H Garvey Building Wichita, Kansas 67202 COMPANIES AFFORDING COVERAGES I LETTER A COMMERCIAL UNION INSURANCE CO COMPANY R ULSCHIPIION OF OPERATION50.0CATIONSNEHICLES River Corridor Sewers, Divisions 1,2 and 3, Iowa City, Iowa Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will OFX=Xxx mail 3171— days written notice to the below named certificate holder. Xxxxxxxxx xx-xx xxxxDFxxxx Dgx=xxx 4xxx xxxxxxxxxxx.xXx�=XXXXXX•if?C NAME ANO ADDRESS OE CERTIFICATE HOLDER Chicago, Rock Island and Pacific Railroad Company 139 West Van Buren C Chicago, Illinois 60605 ArORO 25 (Ed 2))I DATE Oct. 1, 1979 V IV 1111 Ll' VN LI t]ILVL R. B. j65- es nsurance nc./ Alexander & Alexander NAME AND ADDRESS OF INSURED /� Q AI Chicago, Rock Island and Pacific Railroad Co �i w,7, nJMPANv D'f and Cedar Rapids & Iowa City Railway Comp 139 West Van Buren LETTER Chicago, Illinois 60605 COMPANY 0 ER 11i 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.. Limits 0 fT8 T-�ITOusan S 30T— COMPANY LETTER TYPEOFINSURANCE POLICY NUMBER POLICY EXPIRATION DATETACH AGGIIEGAIC �T OCCIIRRENCt GENERAL LIABILITY BODILY INJURY IT IT ❑ COMPREHENSIVE FORM 'I ❑PREMISES—OPERATIONS PROPERTY DAMAGE s IT I ❑ EXPLOSION AND COLLAPSE 1 HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ BODILYINJURYAND .l CONTRACTUAL INSURANCE PROPERLY DAMAGE IT f ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY sI 'I AUTOMOBILE LIABILITY BODILY INJURY 1 (CACTI PERSON) i ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ (EACH OCCURRENCE) OWNED PROPERTY DAMAGE $ ❑ HIRED i BODILY INJURY AND ❑ NON -OWNED PROPERTY DAMAGE $ COMBINED f EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE s T I ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION PATUTeRY and EMPLOYERS' LIABILITY s a�+��•cnm Nn A RailroagEProtect've CY 9104-406 10-1-81 Bodily Injury $500,000/1,000, Policy lProperty Damage $500, 000/ znow=!—,-M0— 0 0 ULSCHIPIION OF OPERATION50.0CATIONSNEHICLES River Corridor Sewers, Divisions 1,2 and 3, Iowa City, Iowa Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will OFX=Xxx mail 3171— days written notice to the below named certificate holder. Xxxxxxxxx xx-xx xxxxDFxxxx Dgx=xxx 4xxx xxxxxxxxxxx.xXx�=XXXXXX•if?C NAME ANO ADDRESS OE CERTIFICATE HOLDER Chicago, Rock Island and Pacific Railroad Company 139 West Van Buren C Chicago, Illinois 60605 ArORO 25 (Ed 2))I DATE Oct. 1, 1979 V IV 1111 Ll' VN LI t]ILVL R. B. j65- es nsurance nc./ Alexander & Alexander Qcord VAME AND ADL R'. Be JONES INSURANCE INC. Suite 230 Re He Garvey Building Wichita, Kansas 67202 4AME AND ADDRESS OF MARTIN K. EBY CONSTRUCTION CO,, INC. P. 0. Box 1679, 610 North Main Street Wichita, Kansas 67201 COMPANIES AFFORDING COVERAGES COMPR AN LEMER A COMMERCIAL UNION INSURANCE COMPANY U LETTER /B COMPANY ■ LETTER V COMPANY D LETTER COMPANY E LITTER 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. )ESLRIPTION OF OPLNATIONS OCATIONSNCHICLES River Corridor Sewers, Divisions 1,2 and 3 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail __3Q_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. WL AND ADDRESS OF CERTIFICATE HOLDER. City Clerk City of Iowa City Civic Center Iowa City, Iowa 52240 DATE ISSUED. October 1 1979 R. B. Jones Insurance Inc. 706 m t& of Llabil ty in Thousands JLEITER TYPEOF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE LEITER OCCURRENCE A GENERAL LIABILITY CY 9104-331 1-1-81 BODILY INJURY 3 3 ® COMPREHENSIVE FORM PREMISES—OPERATIONS PROPERTY DAMAGE 3 f L^i EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD PRODUCTS/COMPLETED ' OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE 31,000 31,000 ® BROAD FORM PROPERTY COMBINED DAMAGE ® IHDEPCNDENT CONTRACTORS 'AppIO�:Prood diCoomplrlW 3 1,000 1, ®PERSONAL INJURY In iN1VP1 A AUTOMOBILE LIABILITY CY 9104-332 1-1-81 BODILY INJURY f (EACH PERSON) 500 ® COMPREHENSIVE FORM BODILY INJURY 3 1 OOO ® (EACH OCCURRENCE) OWNED PROPERTY DAMAGE j 141RED ® NIAID BODILY INJURY AND 1L1 NON -OWNED PROPERTY DAMAGE s COMBINED. EXCESS LIABILITYL)04-J63- - BODILY INJURY AND 'y 7yUk"ABRELLA 3 2, 000 3 2, 000 FORM PROPERTY DAMAGE ❑ OTHER THAN UMBRELLA' COMBINED FORM A WORK ERS'COM PENSATION CY 9104-330 1-1-81 STATUTORY and EMPLOYERS' LIABILITY Booms 500 nt. ¢noX.l L� OTHER ! M11111 )ESLRIPTION OF OPLNATIONS OCATIONSNCHICLES River Corridor Sewers, Divisions 1,2 and 3 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail __3Q_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. WL AND ADDRESS OF CERTIFICATE HOLDER. City Clerk City of Iowa City Civic Center Iowa City, Iowa 52240 DATE ISSUED. October 1 1979 R. B. Jones Insurance Inc. 706 jq�orcJ, I III III M121111ill IIAMF AND ADDRESS Or AGLNOY R. B, Jones Insurance Inc. / COMPANIES AFFORDING COVERAGES Alexander & Alexander COMPANY[1 COMMERCIAL UNION INSURANCE C A 230 R H Garvey Building LETTER Wichita, Kansas 67202 COMPANY B LETTER r' NAME AND ADDRESS OF INSURED ! Martin K. Eby Construction Co. , Inc. and v LONY ETTER C City of Iowa City, Iowa, as interest I COMPANY D may appear LE11LR COMPANY E %Martin K. Eby Construction Co. , Inc. LETTER s,{! Wichita, Kansas 67 0 ' This is to certdy That policies of insurance listed below have been issued to the insured named above and are in force at this time. I I-Innitsof l-la Ibit t in Thousan 5 600) COMPANYPOLICY LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY S S ❑ COMPRCHENSNE FORM t ❑ PRCMIS ES–OPCRAT IONS PROPERTY DAMAGE $ S �� ❑EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑CONTRACTUAL BOOILYINJURYAND PROPERTY DAMAGE 3 S INSURANCE ❑ BROAD FORM PROPERTY COMBINED j DAMAGE t ❑INDCPFNDLNT CONTRACTORS PERSONAL INJURY 3 J } PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY 3 (EACH PERSON) 1. ❑ COMPREHENSIVE FORM BODILY INJURY (CACI) OCCURRENCE) ' ❑ OWNED PROPERTY DAMAGE S ❑ HIRED �I ❑ BOINJURY AND 3 t NON-OWnIU PCRIV DAMAGE PROPER �• �,. }. COME31NED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE 3 $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS' LIABILITY ° z• s H.... fiFl •�, A All RieJkRB4uilder a CY 9104-405 10-1-81 $6,Z93,052 Limit Risk, Form CF 10-04 (5/77) 7 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES d River Corridor Sewers, Divisions 1, 2 & 3 Cancellation: Should any of the above described policies be cancelled before the expiration dale thereof. the Issuing com- pany will xxkxxxXxmail 30__. days written notice to the below named certificate hold er,$$?457C*.$$o 11 1 DDMXXXX=XXXXXX.Y..XXXXXXDYCXXX -CIXX}L�,L}:%:$X 7�iL x7i XXi T 'I ' NAME AND ADDRESS OF CERI IFICATE HOLDER October 1, 1979 GATL ISSUED. S CITY OF IOWA CITY, IOWA Civic Center Iowa City, Iowa 52240 — — _ _�nSrance B. Jo Inc./ Alexander & Alexander 'ORD 75 El 2)11 _— RESOLUTION NO. 79-420 BOOR_55A"-..-�fO 1973S 5 AN 8: 47 323'7 s�l,w:P' RECORDER RESOLUTION MODIFYING THE URBAN RENEWAL PLAN FOR JOHNSON CO., IOWA PROJECT IOWA R-14 (Sixth Resolution) WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project No. Iowa R-14; and, WHEREAS, the City of Iowa City has reached financial settlement of said Project Iowa R-14, and is continuing said project as part of the Community Development Pro- gram, Project B -79 -HN -19-0005; and, WHEREAS, the City Council of Iowa City, Iowa, has previously adopted and approved an Urban Renewal Plan for sai roject, which Urban Renewal Plan was adopted and approved in Resolution No.156passed by the City Council of Iowa City, Iowa, on October 2, 1969, which Plan was modified and amended by Resolution No. 72-159, passed and approved by the City Council of Iowa City, Iowa, on April 18, 1972, which Plan was modified and amended by Resolution No. 73-172, passed and approved by the City Council of Iowa City, Iowa, on May 1, 1973, which Plan was modified and amended by Resolution 73-420, passed and approved by the City Council of Iowa City, Iowa, on September 25, 1973, which Plan was modified and amended by Resolution 76-352, passed and approved by the City Council of Iowa City, Iowa, on September 28, 1976, which Plan was modified and amended by Resolution 77-152, passed and approved by the City Council of Iowa City, Iowa, on May 24, 1977, which Plan and modifications attached hereto are now on file with the City Clerk of Iowa City, Iowa, as the official plan for Urban Renewal Project Iowa R-14; and, WHEREAS, certain further modifications of said Urban Renewal Plan have been proposed; and, WHEREAS, a public hearing has been held by the City Council of Iowa City, Iowa, on the desirability of said proposed modifications; and, WHEREAS, the LPA deems it desirable, necessary, and in the public interest that the Urban Renewal Plan for Project No. Iowa R-14 be modified as follows: 1. Providing for public re -use of certain real property. 2. Deleting certain real property from the Land Disposition Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, acting as the Local Public Agency, that the Urban Renewal Plan of the City of Iowa City, Iowa, for Urban Renewal Project No. Iowa R-14 approved and adopted by Resolution No. 2157 on October 2, 1969, and as modified by Resolution No. 72-159 on April 18, 1972, and by Resolution No. 73-172 on May 1, 1973, and by Resolution No. 73-420 on September 2S, 1973, and by Resolution No. 76-352 on September 28, 1976, and by Resolution No. 77-152 on May 24, 1977, be modified further as follows: Section C(2) b, LAND USE PLAN, Land Use Provisions and Building ResHirements Additional Controls an�j ctives, Central Business Core, is ereby amended by adding the provision, "Provide for the development of a new public library at the intersection of College and Linn Streets" at the end thereof. HN //1S -2 - It was moved by Erdahl , and seconded by Roberts that the resolution as read be adopted, and that Parcel 65-4 (site for the new public library) be deleted from the Land Disposition Plan dated April, 1977, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse T Erdahl x Neuhauser X Perret x Roberts x Vevera It was further moved by Perret , and seconded by deProsse that Parcel 65-2 (Blackhawk mini -park) be eleted from the Land Disposition Plan dated April, 1977, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse 57— Erdahl x Neuhauser x Perret X Roberts x Vevera The Land Disposition Plan dated April, 1977, is hereby deleted and a new Land Disposition Plan, dated August, 1979, attached hereto and by this reference incorpo- rated herein, is hereby substituted in its place. Passed and approved this28th day of August , 1979. ATTEST: City Cle 41 0��,�E SEAQ w .ol i a tom, y- 111�;6 LAND DISPOSITION PLAN A WASHINGTON ST N COLLEG ST, ..� J ..i .. O i i.i �IX Z W O 1D 0 3 Z ST „,BURLINGTON Z O N Z ii i COURT ST COLLEG ST, ..� J ..i .. O i i.i �IX Z W O 1D 0 3 Z LEGEND BLOCK NUMBER a PARCEL NUMBER C DISPOS. PARCEL E, /:, City -University Project Project Number Iowa R-14 City of Iowa City, Iowa August 1979 Cq RESOLUTION NO. 79-421 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH OLIN LLOYD FOR THE LEASING OF WAREHOUSE SPACE FOR THE STORAGE OF FURNITURE FOR THE PROPOSED SENIOR CENTER. WHEREAS, the City of Iowa City has begun to acquire furnishings and equipment for the proposed Senior Center, and WHEREAS, it is necessary to provide for the safe storage of these furnishings until the completion of the Senior Center, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the Mayor be authorized to sign and the City Clerk to attest an agreement with Olin Lloyd for the leasing of 1,440 square feet of space at 1212 Highland Court in Iowa City for the storage of furnishings for the proposed Senior Center. It was moved by deProsse and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August, 1979. -.e-- MAYOR ATTEST: CITY CLERK yrs l 1m^ R P."t R`'•� BY LEASE - BUSINESS PROPERTY This lease agreement, executed in duplicate, made and entered into this Z day of5 1979 by and between Olin Lloyd, hereinafter called the "Landlord" hose address for the purpose of this lease is 738 Rundell Street, Iowa City, Iowa 52240 and City of Iowa City, a municipal corpora- tion, whose address is 410 East Washington Street, Iowa City, Iowa 52240, hereinafter called the "Tenant." WITNESSETH that: 1. Premises and Term. The Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained, on the part of the tenants to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Johnson County, Iowa to -wit: The east one-half (1,440 square feet) at 1212 Highland Court, Iowa City, Iowa with the improvements thereon and all rights, easements and appurtenances thereto belonging for a term of one year, commencing on the 20th day of August, 1979 and ending at midnight on the 19th day of August, 1980, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this lease provided. Rental. Tenant agrees to pay to Landlord as rental for said term, $275 per month, in advance, the first rent payment becoming due upon the execution of this lease and the same amount, per month, in advance, on the first day of each month thereafter during the term of this lease. All sums shall be paid at the address of the Landlord, as designated above, or at such other place in Iowa as the Landlord may from time to time previously designate in writing. Delinquent payments shall draw interest at nine percent 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 the lease term, except as herein otherwise expressly provided. 4. Use of Premises. Tenant agrees during the term of this lease to use and occupy the leased premises only for warehouse purposes. Quiet Enjoyment. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved in 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 the lease free from disturbance by the Landlord or any other persons. 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. Tenants take said premises in their present condition. Landlord will keep the roof, structural part of the floor, walls and other structural parts of the building in good repair. Tenants shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its owns expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for structural parts of the building. 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. ci_efce w. 'n, ra do A 7. Surrender of Premises at End of Term. 9-1-79i. Tenant agrees that upon expiration of this lease, it will surrender the leases premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arriving from lapse of time, or damage without fault or liability of Tenant. Holding Over. Continued possession, beyond the expiratory date of the term of this lease by the Tenant coupled with receipt of the specified rental by the Landlord (in absence a written agreement by both parties for an extension of this lease, or for a new lease, shall constitute a mgnth-to-month extension of this lease). 8. Assignment and Subletting. Any assignment of this lease or subletting of the premises or any part thereof without the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of this lease term due and payable at once. Such written permission shall not be unreasonably withheld. 9. Landlord Shall Pay all Real Estate Taxes and Special Assessments. 10. Insurance. 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 covered by extended coverage. 11. Construction of Premises. In the event of partial or total destruction of the premises, the Landlord and Tenant shall have the option of terminating this lease within 20 days after such destrcution. 12. Rights Cumulative. The various rights, powers, options and remedies of either party, provided in this lease or in state law shall be construed as cumulative and no one of them as exclusive of the others and shall in no way impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied. 13. Notices and Demands. Notices as provided for in this lease shall be given to the respective parties hereto at their respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such method shall be considered given under the terms of this lease when sent, addressed as above designated, postage pre- paid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mailbox. 14. Provisions to Bind and Benefit Successors and Assigns. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executives and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 15. 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 in manner be 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. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written. LANDLORD: TENANT: LANDLOREF MAYOR 7 /J ATTEST: LANDLORD SPOUSE CITY CLERK STATE OF IOWA SS JOHNSON COUNTY On this ;7Z1- day of 4Z , 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A&k" • 21-ZM#.i 7' Qfd�.e.�i1r��� to me known to be the identical persons named in and who executed the within and foregoing instrument and acknow- ledged that they executed the same as their voluntary act and deed. STATE OF IOWA SS JOHNSON COUNTY Notary Public in an or said County and State I, &" rze_l�; a notary public in and for said c unty, in the state aforesaid, do h6leby certify that 6 -e -n and - to me personally known to 3deo- -Y rn =� •�••�and ow� /'7.9 Aaln,& eretary-resp , a-eerporatiorv, and also known to me to be the persons whose names a subscribed to the foregoing instru- ment, appeared before me this day in person and acknowledged that as such &- I^ president and secretary respectively --they signed, sealed, and delivered the said instrument as the free and voluntary act of s, i oWratlon, for the uses and purposes therein set forth, and that ttAL" w duly authorized to execute the same. by- the--board-of--dtreGtors—of—said cor�or ion. Given under my hand and notarial seal this 7e;� day of J.1, 1979. e Notary Public in and for said County and State My commission expires j) 1911 rXCZ1V= y L?pROYED 8Y IRS LEGAL DAEPLRTWT Y /-Z ./;. ' RESOLUTION NO. 79-422 RESOLUTION APPROVING OFFICIAL REPORT OF WjNICIPALITY OF STREh-1;S AND PARKING FOR FY 1979 BE IT RESOLVED BY THE CITY COWIL OF IOWA CITY, IOWA, that the Official Report of Municipality of Streets and Parking for the period beginning July 1, 1978, through June 30, 1979, be approved. It was moved by Balmer and seconded by Perret t at t e Resolution be adopted as rea on rol ca t ere were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUiAUSER x PERRET x ROBERTS —X_ VEVERA Passed and approved this 28th day of August , 1979. //3.3 Racelved d, Approved BY The Legal Deparfnrn+ RESOLUTION NO. 79-423 RESOLUTION AMENDING THE TRAVEL POLICY IN ORDER TO REVISE THE REIMBURSEMENT RATE FOR USE OF PRIVATE VEHICLES. WHEREAS, Resolution No. 77-241 established the travel policy governing expenses incurred by municipal officers, agents and employees while on official business, and, WHEREAS, the current reimbursement rate is no longer sufficient due to increased cost of fuel and vehicle maintenance, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE -CITY OF IOWA CITY, IOWA, that reimbursement for the use of private vehicles for official travel be made as follows: 1. Effective September 1, 1979, reimbursement will be made at eighteen cents (184) per mile. 2. Effective July 1, 1980, reimbursement will be made at twenty cents (204) per mile. 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 deProsse _x Erdahl x_ Neuhauser x Perret x Roberts _x Vevera Passed and approved this 28th day of August , 1979. ATTEST: jqlzei c �/ CITY CLERK MAYOR BECEI7ED i APPROVED 8Y .THE y rWAL DEPlRT1[ENT 11341 �� / 6 RESOLUTION NO. 79-424 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH THE JOHNSON COUNTY REGIONAL PLANNING COMMISSION, UNITED WAY, AND JOHNSON COUNTY BOARD OF SUPERVISORS TO PROVIDE HUMAN PLANNING FOR JOHNSON COUNTY. WHEREAS, the City of Iowa City, Johnson County Board of Supervisors, United Way, and Johnson County Regional Planning Commission recognizes the importance of planning to meet human needs and to provide orderly program development to meet the needs of citizens in Johnson County, and WHEREAS, the Commission and United Way is capable of doing research and planning as part of the human services planning for Johnson County, and WHEREAS, an agreement to provide such human needs planning has been negotiated between the parties listed above, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to execute and the City Clerk to attest the agreement. It was moved by Balmer and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 2 8th day of August , 1979. ATTEST: , -�rlJill,% CITY CLERK MAYOR BY Tv i��I. Lu dl M NT // 35 AGREEMENT This Agreement, made and entered into this day of 1979, by and between the City of Iowa City, a municipal corporation hereinafter referred to as "City", and the Johnson County Regional Planning Commission, hereinafter referred to as "JCRPC". This Agreement, also, entered into this day of , 1979, between the Johnson County Board of Supervisors, hereinafter referred to as "County", and United Way of Johnson County hereinafter referred to as "UW". "Funding bodies shall mean the City of Iowa City, Johnson County Board of Supervisors, and United Way of Johnson County." NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES JCRPC and UW shall jointly provide management and information service, as described in Section A below, to assist the City, County, and United Way in evaluating human resource programs which seek financial support from United Way for FY80 or from the City or County for FY81 and shall disseminate appropriate funding and program information with regard to these human resource programs. UW shall regularly update the Johnson County Services Index, as described in Section B below, and shall publish a revised index on an annual basis. JCRPC shall undertake detailed staff review through the A-95 Review and Comment process of all relevant human service applications for federal financial assistance, as described in Section C below. A. Management and Information Services Management and information services shall be provided jointly by JCRPC and UW to the funding bodies to assist in carrying out the joint funding process for human services. The following services shall be provided: 1. JCRPC and UW shall jointly draft budget and program information forms to be used by all human service agencies applying for financial support from one or more of the funding bodies. An instruction manual shall be prepared to assist agencies in proper completion of the necessary forms. 2. UW shall hold two workshops on proper use and interpretation of the budget and program information forms: one for funding bodies and one for agencies seeking funding support. JCRPC and UW staff will //3 6 -2 - instruct the agencies regarding proper completion of the forms; funding bodies will require attendance by all agencies applying for funds. JCRPC and UW staff will also instruct the funding bodies in the analysis and utilization of the information provided by the forms. 3. JCRPC shall review and analyze all applications for financial assistance made to funding bodies by human service agencies, shall prepare an evaluation of each application, and shall make recommendations regarding each. The following steps shall be used for this procedure. a. All applications shall be received by JCRPC on or before July 16, 1979, eight (8) weeks prior to the beginning of the joint hearings. b. JCRPC staff shall review the applications for proper completion. If an application is incomplete or improperly completed, staff will return it to the applicant agency with a written explanation of the deficiency on or before July 23, 1979. C. All corrected applications shall be received by JCRPC on or before July 30, 1979, six (6) weeks prior to the beginning of the joint hearings. d. JCRPC staff shall analyze all applications and shall prepare a written evaluation of each. The evaluation shall be one to two pages in length and shall contain the following information: i. Amount requested from United Way for FY80 and from the City and County for FY81. ii. Amounts requested from and funded by United Way for FY78 and FY79; amounts requested from and funded by the City and County for FY79 and FY80. iii. Explanation of increase or decrease in present funding request from previous year's request (e.g., increase due to loss of CETA funding, added staff, increased cost of materials, proposed program expansion; decrease due to discontinuation or reduction of an agency program, availability of new or increased funding from another funding source.) iv. Analysis of proposed program additions or expansions in light of needs identified in Human Service Profiles or other documentation of need. 11127 -3- v. Evaluation of agency programs based upon site visits, where applicable. vi. Evaluation of agency cooperation with the human services program (e.g., use of appropriate management techniques, including the establishment of standards and setting of measurable goals and objectives; accurate reporting and use of the budget and program information forms; attendance at the agency budget workshop.) vii. Staff will indentify instances where the staff is personally associated with the agency. viii. Analysis of agency programs in relation to guidelines for funding developed by each funding body. (See section I) 4. ix. Recommendation for funding based upon: (1) past performance and program operation, (b) proposed programs and their relationship to identified needs, (c) the relationship of agency programs and services to guidelines for funding developed by each funding body, (d) attendance at human services programs and compliance with their regulations, (e) promptness and accuracy in completion of budget and program information forms. These summaries shall be attached to each agency's application for financial support. 4. UW shall oversee the distribution of all supportive materials to funding body representatives for use in the joint funding hearings (i.e., completed budget forms, completed program information forms, and evaluations completed by JCRPC staff as in Section I)A)3)d above. UW shall also compile and ready these materials for distribution to funding body representatives no later than one (1) week prior to the particular agency's scheduled hearing. 5. UW shall undertake to set up the schedule of agency hearings and shall notify each agency and funding body representatives of that schedule. 6. JCRPC and UW staff shall attend all hearings to provide additional information regarding agency requests and to clarify, where necessary, information contained in the staff evaluations. Two representatives from each funding body will be designated to attend each hearing. M 1 MIM A separate hearing will be held for each applicant agency; joint sessions may be held in addition to the individual hearings in order to provide more complete information regarding services in a particular area and program interactions among agencies (e.g., in the area of youth services). Funding body representatives will hold separate sessions following the completion of the agency hearings in order to discuss agency funding applications and allocations. Each funding body will make its allocations at a separate meeting of that funding body. A date will be set for a joint meeting of funding bodies to hear any appeals by agencies regarding the allocations. All forms, policies, and procedures used in the joint hearing process shall be revised by staff, with input from other relevant staff and from policy makers, as it becomes desirable or necessary. The funding bodies shall vote on the adoption of all such changes. Johnson County Services Index 1. UW shall maintain the Johnson County Services Index, which catalogs all social agencies and programs in Johnson County. The information in the Index will be maintained on the University of Iowa ATS memory system. 2. UW will notify all subscribers to the Index of major changes (i.e., new/discontinued agencies and programs) on a quarterly basis. 3. Agencies which serve referral sources will information quarterly. as major information and be notified of all updated 4. A complete update of the Index will be made available to all subscribers annually. Those agencies which serve as major information and referral sources and which continually update their own copies of the Index will be used as a major resource for updated information. Subscribers will be charged an annual fee of $2.50 per copy for this service, effective January 1, 1980; new subscribers will be charged an initial fee of $5.00 per copy. The following will be exempt from these fees: Iowa City Public Library, United Way, &3 f -5 - Crisis Center, JCRPC, Department of Social Services (Johnson County office), Campus Information Center, law enforcement agencies, City of Iowa City and Johnson County. C. A-95 Review The funding provided to JCRPC in accordance with this contract shall make possible a detailed review of human service agency applications for federal financial assistance through the Commission's A-95 Review process. The review shall consist of the following: 1. In carrying out the review, staff will consider among other things, previous applications and past performance in the case of continuation grants. New programs will be reviewed with consideration given to the needs identified in the JCRPC human service planning process. Special public meetings will be held as needed to provide an opportunity for interested persons to comment on specific applications. The need for such meetings shall be determined by the JCRPC. Notices and supporting information will be sent to agencies whose services might be affected by the proposed program. Press releases regarding the special public meetings will also be issued. 3. Staff will forward all comments made by the public, as appropriate, to JCRPC. CITY OF IOWA CITY,IOWA o'� JOHNSON COUNTY REGIONAL PLANNING COMMISSION 1,."F71rFD I, LP -1111"M RY'TSrr iJ9I, i.t:I'AIt aIM 0=�y-mss �?�✓ //yo M JOHNSON COUNTY BOARD OF SUPERVISORS UNITED WAY OF JOHNSON COUNTY 1/5// RESOLUTION NO. 79-425 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA'CTbP BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class L Liquor Control License application is hereby approved for the following named person or persons at the following described location: I.C.B.B., Ltd. dba The Brown Bottle, 114 SouthClinton St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as ren a adopted, and upon i Z%a'IT there were: AYES Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera NAYS: ABSENT: x Passed and approved this 11th day of September . 19 79 Attest: City Clerk // 111;21 RESOLUTION NO. 79-426 Cl RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C,L; "hr Sunday Permit application is hereby approved for the following named person or persons at the following described location: I.C.B.B., Ltd. dba The Brown Bottle, 114 South Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of September , 19 79 ,? Pro !em Attest: �;I_L_ 14�L 01-ty Clerk /i 10 RESOLUTION NO. 79-427 • RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCW= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �r Liquor Control License application is hereby approved -for the following named person or persons at the following described location: James W. Burr and James R. Coon dba Time Out Restaurant and Coaches' Corner Lounge, 1220 Highway 6 West Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as rues be adopted, and upon roti c-alT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of September , 19 79 Attest: a6L City Clerk RESOLUTION NO. 79-428 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: James W. Burr and James R. Coon dba Time Out Restaurant and Coaches' Corner Lounge, 1220 Highway 6 West Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 19 79 ABSENT: x 11th day of September , Attest: t� J 'City Clerk //XS • RESOLUTION NO. 79-429 • RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location; Ken's Pizza Parlors, Inc. dba Ken's Pizza, 1950 Lower Muscatine Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Cleric shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department` It was moved by Neuhauser and seconded by Perret that the Resolution as re�Fe adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x deProsse _x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this � Attest: i City Clerk 11th day of September 19 79 . RESOLUTION NO. 79-430 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba Ken's Pizza, 1950 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perr t that the Resolution as readbe adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19 79 Attest: rAlz _e& City Clerk 11th ABSENT: day of September , RESOLUTION NO. 79-431 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: Hagen Electronics, Inc. (Hawkeye Amusement) dba Time Out Restaurant and Coaches Corner Lounge, 1220 Highway 6 West Servomation Corp. dba Sheller -Globe Corp., Highway 6 East It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse AYES: NAYS: X X Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th 19 79 ABSENT: X day of September , Attest: City Clerk 11419 RESOLUTION NO. 79-432 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION GlPX FOR CURB RAMP PROGRAM - 1979 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 18tlday of September , 1979, 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 (A) 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: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS 9 Passed and approved this ATTEST 11th• day of September , 19 79 . uy ine Legal Department �-'-9 .,,�_*_ RESOLUTION NO. 79-433 rt RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NEIGHBORHOOD SITE IMPROVEMENT - ARPHATT ncn,uT.ay PZ GRAM 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 25tksiay of September , 1979 , at 7:70 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 Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PE RRET x ROBERTS x VEVERA Passed and approved this 11th day of September , 19 79 ATTEST: wy ine Legal Department 46�-/,-L RESOLUTION No. 79-434 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF ALLEY IMPROVEMENT PROJECT - BLOCKS 28 R 29 O.T. 1974 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 $1,700.00 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 bide 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 26th day of September 19a. Thereafter, the bide 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 2nd day of October , 19 79 Received a Approved By The Legal Department _�f 9 - L -79 //.s'/ Page 2 Resolution No. 79-434 It was moved by Neuhauser 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 dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 11th day of September , 1979. -� Z- MAYOR Pro am ATTEST: - CITY C RK The Council then discussed the matter of constructing sanitary sewer improvements, generally described as the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. A petition and waiver, duly executed by owners of property to be assessed for the proposed public improvements, was officially filed with the Clerk of said City. -2- AHLERS. COONEY. DORWEILER. HAYN IE a SMITH. LAWYERS, DES MOINES. IOWA 1153 Whereupon, Council Member de?rosse introduced the following resolution entitled "RESOLUTION APPROVING PETITION AND WAIVER", and moved that the same be adopted. Council Member Roberts seconded the motion to adopt. The roll was called and the vote was, AYES: deProsse, Erdahl, Neuhauser, Perret Roberts, Balmer NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-435 RESOLUTION APPROVING PETITION AND WAIVER WHEREAS, a Petition and Waiver has been duly executed by the owners of property agreeing thereby to be assessed for the full cost of sanitary sewer improvements, the same being attached hereto; and WHEREAS, upon investigation it is found that the holders of all liens and encumbrances against said benefited property to be assessed pursuant to said Petition and Waiver have executed and agreed to and have subordinated their liens to the provisions of same; and WHEREAS, the following action is deemed appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the aforesaid Petition and Waiver attached hereto be and the same is hereby approved and accepted for and on behalf of this City. PASSED AND APPROVED G-tS 11th ATTEST:M�$ol, pro tem Clerk —3— September , 1979. AHLERS. COONEY. DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES. IOWA deProsse introduced the following Resolution entitled- Pm RELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Roberts seconded the motion to adopt. T e roii was called and the vote was, AYES: Erdahl, Neuhauser, Perret, Roberts Balmer. deProsse NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-436 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that sanitary sewer improvements be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said improvements be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct sanitary sewer improvements, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Installation of an 8" sanitary sewer east 87.5' from an existing manhole (located south of Melrose Avenue), north 100' under Melrose Avenue, and east 388.5. -4- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 1155 Subdivision C. That Eugene A. Dietz, P.E., City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: All property located within the following area shall be assessed as benefited property to pay for said Melrose Avenue Sanitary Sewer Extension Assessment Project, to -wit: All that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, except the East 125.0 feet in width thereof, and except the Southerly 10 feet of Lots 1, 2, 3 and 4 of said subdivision located in the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, and except that part of Lot 5 of said subdivision (as described previously) lying between the existing northerly line of Melrose Avenue and south of a line which is 50 feet northerly and parallel with the relocated centerline of Melrose Avenue described as follows: Commencing at the Northwest corner of said section 17; thence S 88°5211511 E, 508.00 feet; thence S 87°39'45" E, 594.13 feet to the point of curvature of a 3,819.83 foot radius curve concave southerly; thence along said curve for a distance of 648.59 feet to the point of intersection with the said existing right-of-way line and the said relocated right-of-way line, thence continuing along said curve 289.19 feet to the point of tangent; thence S 73135145" E, 30.72 feet to the East line of said Lot 5. Subdivision E. The said improvement shall be designated as the 111979 Melrose Avenue Sanitary Sewer Extension Assessment -5- AHLERS. COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DES MOINES. IOWA r156 Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 11th day of September 1979. ATTEST: ( J4 �— -&� Clerk If mc AHLERS. COONEY. DORWEILER. HAYN IE&SMITH, LAWYERS. DES MOINES, IOWA deProsse introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Roberts seconded the motion to adopt. The roll was cal ed and the vote was, AYES: Neuhauser, Perret, Roberts, Balmer, deProsse, Erdahl NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-437 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, said valuation being set forth in a preli- minary schedule entitled "Schedule of Estimated Assessments", under the column therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed to forthwith deliver the same to Eugene A. Dietz, P.E., the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 11th 1979. day of September , -7- AHLERS. COON EY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA Perret introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 1979 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT" and moved its adoption. Erdahl seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Balmer, deProsse Erdahl, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-438 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 1979 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared preliminary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and specifications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES, IOWA 1159 BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. PASSED AND APPROVED, this 11th day of September 1979. ATTEST::: p Oma( �-/,La.� Clerk zL AHLERS. COONEY. DORWEILER. HAYNIE& SMITH. LAWYERS. DES MOINES. IOWA Erdahl introduced the following Resolution entitled "RESOLUTION OF NECESSITY", and moved its adoption. Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Balmer, deProsse, Erdahl, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-439 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. -10- AHLERS. COONEY. DORWEILER. HAYN IE& SMITH. LAWYERS. DES MOINES. IOWA The method of construction shall be by contract. Costs of said improvements will be assessed to the properties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 258 of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at o'clock M., on the day of , 1979, in the Council Chambers in the City Hall, for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: -11- AHLERS, COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES, IOWA (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sewer improvement, designated as the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, of the types and in the location as follows: Installation of an 8" sanitary sewer east 87.5' from an existing manhole (located south of Melrose Avenue), north 100' under Melrose Avenue, and east 388.5. That the proposed district to be benefited and subject to assessment for the cost of such improvements described as follows: All property located within the following area shall be assessed as benefited property to pay for said Melrose Avenue Sanitary Sewer Extension Assessment Project, to -wit: All that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, except the East 125.0 feet in width thereof, and except the Southerly 10 feet of Lots 1, 2, 3 and 4 of said subdivision located in the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, and except that part of Lot 5 of said subdivision (as described previously) lying between the existing northerly line of Melrose Avenue and south of a line which is 50 feet northerly and parallel with the relocated centerline of Melrose Avenue described as follows: Commencing at the Northwest corner of said section 17; thence S -12- AHLERS. COONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES. IOWA 88°52115" E, 508.00 feet; thence S 87039145" E, 594.13 feet to the point of curvature of a 3,819.83 foot radius curve concave southerly; thence along said curve for a distance of 648.59 feet to the point of intersection with the said existing right-of-way line and the said relocated right-of-way line, thence continuing along said curve 289.19 feet to the point of tangent; thence S 73135145" E, 30.72 feet to the East line of said Lot 5. The Council will meet at o'clock M., on the day of , TT7-9-,—at the Council Chambers, Civic Center, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. Clerk, Iowa City, Iowa (END OF NOTICE) -13- AHLERS. COONEY. DORWEILER, HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA //ly APPROVED AND PROPOSED at a meeting held on the 11th day of September , 1979. M or pro tem ATTEST: Clerk -14- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES, IOWA (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: September 11, 1979 Time of Meeting: 7:30 PM 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: Procedure to initiate the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. - Preliminary resolution for construction. - Resolution fixing values of lots. - Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications. - Resolution of necessity. - Resolution approving petition and waiver for the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. Such additional matters as are set forth on the addi- tional �_ pages(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. at�41_ =m "__117 1) Clerk, Iowacity,Iowa 17 9 AHLERS. GOONEY. DORWEILER• HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA 1 RESOLUTION N0. 79-440 WHEREAS, the Engineering Department has certified that the following improvarents have been eatpleted in accordance with plans and specifications of the City of Iowa City, sanitary sewer Village Green South, Part II, Iowa City, IA AND WHEREAS, Maintenance Bonds for Rick Carpanv. Inc. are on file in the City Clerk's Office, NOT THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improverents be accepted by the City of Iowa City. It was moved by Roberts and seconded by Erdahl that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x E RDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 11thy of September 1979 '� -- pro tem ATTEST: � City Clerk Received P$ Approved By The Legal Department CITY 0 0 of IOWA CIVIC CENTLR- 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18a) ENGINEER'S REPORT August 23, 1979 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 specifi-cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The sanitary sewer for Village Green South, Part II, as constructed by Rick Company, Inc. of Toledo, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, J �. D#J� E gene Aietz, P. E. City Engineer bdw4/13 116 7 RESOLUTION NO. 79-441 A RESOLUTION AMENDING RESOLUTION 77-168 BY DESIGNATING ADDITIONAL LEGAL HOLIDAYS. WHEREAS, Resolution No. 77-168 designates certain legal holidays with regard to the use of parking meters, and WHEREAS, it is in the public interest to designate additional days as legal holidays. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution 77-168 be amended by adding the following legal holidays: G. The third Monday in February (Washington's birthday). H. The eleventh day of November (Veteran's Day). I. The fourth Friday of November (day after Thanksgiving). It was moved by deProsse and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of September, 1979. �z Pro_ zem ATTEST: - CITY CLERK JOCEIYED i A.-'- BY TU LEGAL DEPnRIk,"'NT_ /"/ 6 W C� U RESOLUTION NO. 79-442 RESOLUTION AMENDING SALARIES, COMPENSATION AND CHANGING POSITION TITLE FOR CLASSIFIED PERSONNEL AND PROVIDING FOR VARIOUS POSITION CHANGES. WHEREAS, the City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The elimination of one budgeted Senior Clerk Typist in the Parks and Recreation Administration Division, Range 3 of the Classified Pay Plan. 2. The addition of one Senior Account Clerk position in the Parks and Recreation Administration Division in Range 6 of the Classified Pay Plan. It was moved by Neuhauser and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts x Vevera Passed and approved this 11th day ATTEST: -L�L-' City September 1979. loin RECEIVED & A.:: N SIE MAL DEPAPrIL:NT 116 9 RESOLUTION NO. 79-443 RESOLUTION DESIGNATING ASSISTANT CITY ATTORNEY ANGELA RYAN AS ASSISTANT CITY ATTORNEY III AND ESTABLISHING COMPENSATION. WHEREAS, Assistant City Attorney Angela Ryan has served the City of Iowa City as an Assistant City Attorney since June of 1976, and WHEREAS, Ms. Ryan has performed an increasing number of administrative duties in the course of her work, and WHEREAS, the City Attorney has recommended to the City Council that Ms. Ryan be given administrative responsibilities and duties in order to assist the Legal Department to perform its duties in a prompt and effective manner, and WHEREAS, the City Attorney has recommended that Ms. Ryan be paid an annual salary of $22,000 to compensate for the additional duties and responsibilities assumed by her in her work. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that Assistant City Attorney Angela Ryan is hereby promoted to the position of Assistant City Attorney III with administrative responsibilites and duties as shall be established and designated from time to time by the City Attorney at an annual salary commencing October 1, 1979, of $22,000. It was moved by Roberts and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this llthday ATTEST: rte, CITY CLERK September 1979 1 -4k. -AID e1 l I I l( '7o RESOLUTION NO. 79-444 RESOLUTION AUTHORIZING THE FILING OF 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 Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS; it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transpor- tation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: 1. That the City Manager is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in financing of four 41 to 53 passenger lift equipped buses, one 12 -passenger lift equipped bus and two fare boxes. 2. That the City Manager is authorized to execute and file with such appli- cation an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That Neal Berlin, City Manager, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the project. 4. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 5. That the City Manager is authorized to execute and file with such application an assurance effectuating the purposes set forth in Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 27, which prohibits discrimination by reason of handicap. RESOLUTION NO. 79-444 PAGE 2 It was moved by NeuhauSer and seconded by _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Balmer _x deProsse x Erdahl x Neuhauser x Perrot x Roberts x vevera Passed and approved this 11th day of September , 1979. ATTEST: 0&1 CITY CLERK Perret RECziVED i ippROVED i 7a LEGAL DEPARTMENT /per Assurance Concerning Nondiscrimination on the Basis of Handicap in Federally -Assisted Programs and Activities Receiving or Benefitting from Federal Financial Assistance (Department of Transportation) The City of Iowa City, (the "Recipient") AGREES THAT, as a condition to the approval or extension of any Federal financial assistance from the United States Department of Transportation to construct any facility, or to participate in or obtain any benefit from any program administered by the Department, to which the Department's regulation set forth in Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 27 -- "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance" (the "Regulation") applies, no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance administered by the Department of Transportation, including the Urban Mass Transportation Administration, and GIVES ASSURANCE that it will conduct any program or operate any facility so assisted in compliance with all of the requirements imposed by the Regulation, or any directive issued pursuant to that Regulation. I DATE CITY OF IOWA CITY BY: N al Berlin City Manager 11,73 OMB A.o .l No 424-101 , on D>a ,. , , STANDARD FORM 424 PAGE 1 (10-75) PrwwOd bft G3A. rdnel ManeJ+uen{ C(radaJ v y_..'R:':?T. .i:ci -'lam :.,-•_ FEDERAL ASSISTANCE 2. APP"- ` ° 3. "-•- ` NUMBER CANT'E APPLI• APPLICA. TION1. IDENTL OFPE ElPMVPLICATION k DATE L DATE Y. wseIA deft ACTION ❑ APPLICATION CATION Y.v wo.th da 1978 Nov. 1� ►tER AS3ICHED 19 (Marl aft- ® NOFIFICATION OF INTENT (Opt) Enen, Ia ❑ REPORT OF FEDERAL ACTION ul..A 4 LEGAL APPLICANT/RECIPIENT L FEDERAL EMPLOYER IDENTIFICATION NO. a. Appilanl Han : City of Iowa City b.OrPnlatlanUaR I Office of City Manager e. Stmt/P.O, to , Civic Center L PRO, L MINER 121010 15110 L TITLE d. Gy Iowa City e. (,yp : Johnson GRAM 1. Stats Iowa R. zip Gold: 52240 Feel" Urban Mass Transportati L WINK Pnaa (News Keith Friese Cefain•) Capital Improvement c W phats Ne.) 319 351-8556 rants v 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT L TYPE OF APPLICANT/RCCIPIENT C A.Sulb H-CowwveNb Mlw A� 94M=tab F HI[4 Edwatbeal Iowa City Urban Area Mass Transit Assistance Grant atdbUet C-S.bWb J-1"Iu TrMe for purchase of four (4) 41 to 53 passenger lift owem K-Oter (SpNJJp)s D-wny equipped buses, one (1) 12 -passenger bus with lift 1-pCebed 04M 'LT equipment and two fare boxes 0-SP<lal h>rn oquw rear aPMhab bfJn 9. TYPE OF ASSISTANCE A4 we Gred D-IaP.uta e FS.FPIewwtal V [-Dow E.In aP►re. C -L a Indab 4Uer(eJ 10. AREA OF PROJECT IMPACT ttNaw" of calm. onali", Il. ESTIMATED NUM- 1L TYPE OF APPLICATIONlitotal. ata) Iowa City Urban Area and Johnson BER Of PERSONS BENEFITING A_R.a C -A nylw E-A veenfa9w FRaaa.el O-CmUsunitka rniintv 75,025 rete. Gt Prla" Inas 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: IL TYPE OF CHANGE Jr. I" er Ise) •A4,mu,swa Beim F-OUW (Spneug)I a. FEDERAL s 436,448 ,00 •. A7PUFJINT11'. PROIELT In. APPLICANT 55, 352,OO First (Iowa) First (Iowa) DW-Dev�icse Ca f m a STAT[ .W 36 PROJECT START 17. PROJECT E-0eaNadw DATE Year woWA des DURATION Ent" appre- d. LOCAL .D0 1979 9 20 12 No.t" Flin" letter(.) .. OTHER 53,760 .00 li. ES DAT T You, w4 dee 19. EXISTING FEDERAL IDENTIFICATION NUMBER SUBMITTED TO FEDERAL AGENCY IN 1979 9 14 IA+,03-0032 1. TOTAL 1 545,560 ,00 t0. FEDERAL AGENCY TO RECEIVE REQUEST (New, Caa, 344. E/T eaL) 2L REMMIU ADDEO Urban Mass Transit Administration, Washington, D.C. 20590 p Y•• No 22. a. To the but M eD Maeldae ad belief. L11 r.l.IFNI by OW CiralaF MS GI.."IfraH" w •dwlmd. Fanseal le I. N.'. R"pe" tbenla, date In tb4 Ptwpplkatlw/epWlatJw en M b awspli.to dw Lnz w W all mtP M atta bw: 'jeu. d"Ched THE the ed arteR, W docuaNnt W tend 6 r APPLICANT duty e.tbrlxd r by the ji lea bell, M State CERTIFIES the IWInAt 934 the aglia.1 .IN caeplF III Clearinghouse ❑ ❑ TNATP� .ln nN, atUched asssnecw M LU WISP- On Regional C ea inghouse ❑ ❑ aaa la ePpraW, of ❑ ❑ 23, •. TYPED NAME AND TI1LE► f N a DATE SIGNED CERTIFYING REPRE- Neal Berlin, City Manager Year * b• SEINTATIVE 19 20. AGENCY NAME 24 APPLICA• Yev w PIA daft TION RECEIVED 19 26. ORGA111:ATiONAL UNIT 27. ADMINISTRATIVE OFFICE 2L FEDERAL APPLICATION rG IDENTIFICATION 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION r 31. ACTION TAKEN 32. FUNDING Year ea.th daft 34. Yr:r ua.:A daft e. FEDERAL S .00 a. AWARDED 33. ACTION DATE in- 19TA TIN019 b. FOCCTCD b. APPLICAJIT ,CO 35. CCNTACT FOR ADDITIONAL INFORMA 30. rue, weak daft TION (Nene arl III.PAOea umber) ENDING a RM!ihED FOR P. STATE .00 MTF 19 LOCAL .DO 37. REMARKC ADDED ANEMJIIEKTd. p� d. DEFERRED ., OTHER .00 1. TOTAL S .DO d, WITHDRUYK [3 Yen L3NO 30. a. In ULInI above .Rion, enF mramta nalvad I.. dw,lneawnw a wn. b. fTo[RA ADCCCY "S OFFICIAL Idared. If "encT ruponss In due uAde, prcridam of Put I. OUR Cuwle, "S, live-, and b(epAene .o.) FEDERAL AGENCY It tea bete OF In be;.f nada. A-95 ACTION 424-101 , on D>a ,. , , STANDARD FORM 424 PAGE 1 (10-75) PrwwOd bft G3A. rdnel ManeJ+uen{ C(radaJ v y_..'R:':?T. .i:ci -'lam :.,-•_ GENERAL INSTRUCTIONS This is a multi-purpose ...odard form. First, it will be used by appmczints as a required facesheet for pro - applications and applications submitted in accordance with Federal Management Circular 74-7. Second, it will be used by Federal agencies to report to Clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Circular A-95. Third, it will be used by Fodaml agencies to notify States of grants-in-aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a notification of intent from applicants to clearinghouses, as an early Initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). APPLICANT PROCEDURES FOR SECTION I Applicant will complete all Items In Section I. If an Item la not applicable, write "NA". If additional space is nooded, Insert an asterisk """, and use the remarks section on the beck of the forth. An explanation folkrws for each Item: Item organizational unit which will undertake the assist. Item 1. Mark appropriate box. Pro -application and appllca. tion guidance Is In FMC 74-7 and Fedora[ agency program Instructions. Notification of Intent guid• 5. ante Is In Circular A-95 and procedures from clear. 10. Inghouse. Applicant will not use "Report of Federal 6a. Action" box. 2a. Applicant's own control number, if daalrod. 2b. Date Section I Is prepared. 11. 38. Number assigned by State clearinghouse, or If dela 12. gated by State, by areawlde clearinghouse. All re- 13. 6b. quests to Federal agencies must contain this Identi- fier if the program Is covered by Circular A-95 and 7. required by appllcablo State/oreawlde clearing• house procedures. If in doubt, consult your clear. Inghouse. 3b. Date applicant notified of clearinghouse Identifier. 4a -4h. Legal name of applicant/recipient, name of primary D. Insurance. W explanatory, E. Other. Explain on remarks pale. Govemmerttal unit when significant and meaning- ful Impact could be observed. List only largest unit or units affected, such as State, county, or city. If entire unit affected, list It rather than subunits. Estimated number of persons directly benefiting from project. Use appropriate coda letter. Definitions are: A. New. A submittal for the first time for a new profacL B. Renewal. An extension for an additional funding/ budget period for a project having no projected completion date, but for which Federal support must be renewed each year. C. Revision. A modification to project nature or scope which may result In funding change (in- crease or decrease). D. Continuation. An extension for an additional funding/budget period for a project the agency Initially agreed to fund for a definite number of years. E. Augmentation. A requirement for additional funds for a project previously awarded funds in the same funding/iwdgat period. Project nature and scope unchanged. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of In•klnd contributions will be included. If the action Is a change In dollar amount of an exist• ing grant (a revision or augmentation). Indicate only the amount of the change. For decreases en• close the amount in parentheses. If both basic and supplemental amounts are Included, breakout In remarks. For multiple program funding, use totals and show program broakouts In remarks. Item defi- nitions: 13s, amount requested from Federal Gov- emment: 13b, amount appliant will contribute; 13c, amount from State, if applicant Is not a State; 13d, amount from local government, If applicant Is not o local governmenN 13s, amount from any other sources, explain In remarks. Self explanatory. The district(s) where most of actual work will be accomplished. If city-wide or State-wide, covering several districts, write "city-wide" or "State-wide." Complete only for revisions (Item 12c), or augmen- tations (item 12e). STANDARD FORM 424 PAGE 3 (10-75) organizational unit which will undertake the assist. ance activity, complete address of applicant, and name and telephone number of person who can pro• vide further Information about this request. 5. Employer Identification number of applicant as as- signed by Internal Revenue Service. 6a. Use Catalog of Federal Domestic Assistance num- ber assigned to program under which assistance Is requested. If more then one program (e.g., joint - funding) write "multiple" and explain In remarks. If unknown, cite Public Law or U.S. Code. 13. 6b. Program title from Federal Catalog. Abbreviate If necessary. 7. Brief title and appropriate description of project. For notification of Intent, continue In remarks sec- tion If necessary to convoy proper description. a. Mostly self-explanatory. "City" Includes town, town- ship or other munlcipallty. 9. Check the typa(s) of assistance requested. The definitions of the terms are: A. Basic Grant. An original request for Federal funds. This would not Include any contribution provided under a suppiomental grant. B. Supplemental Grant. A request to Increase a 14a. basic grant in certain cases where the eligible applicant cannot supply the required matching 14b. share of the basic Federal program (e.g., grants awarded by the Appalachian Regional Commis• slon to provide the applicant a matching share). 15. C. Loan. Self explanatory. D. Insurance. W explanatory, E. Other. Explain on remarks pale. Govemmerttal unit when significant and meaning- ful Impact could be observed. List only largest unit or units affected, such as State, county, or city. If entire unit affected, list It rather than subunits. Estimated number of persons directly benefiting from project. Use appropriate coda letter. Definitions are: A. New. A submittal for the first time for a new profacL B. Renewal. An extension for an additional funding/ budget period for a project having no projected completion date, but for which Federal support must be renewed each year. C. Revision. A modification to project nature or scope which may result In funding change (in- crease or decrease). D. Continuation. An extension for an additional funding/budget period for a project the agency Initially agreed to fund for a definite number of years. E. Augmentation. A requirement for additional funds for a project previously awarded funds in the same funding/iwdgat period. Project nature and scope unchanged. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of In•klnd contributions will be included. If the action Is a change In dollar amount of an exist• ing grant (a revision or augmentation). Indicate only the amount of the change. For decreases en• close the amount in parentheses. If both basic and supplemental amounts are Included, breakout In remarks. For multiple program funding, use totals and show program broakouts In remarks. Item defi- nitions: 13s, amount requested from Federal Gov- emment: 13b, amount appliant will contribute; 13c, amount from State, if applicant Is not a State; 13d, amount from local government, If applicant Is not o local governmenN 13s, amount from any other sources, explain In remarks. Self explanatory. The district(s) where most of actual work will be accomplished. If city-wide or State-wide, covering several districts, write "city-wide" or "State-wide." Complete only for revisions (Item 12c), or augmen- tations (item 12e). STANDARD FORM 424 PAGE 3 (10-75) RESOLUTION NO. 79-445 %n / RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPOR- TATION TO PROVIDE TRANSIT ASSISTANCE FOR FY80. WHEREAS, it is in the public interest to provide improved public transit for the citizens of Iowa City, and WHEREAS, the Iowa Department of Transportation will pro- vide capital and operating assistance to the City of Iowa City for the provision of public transit service. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, to authorize the Mayor to sign and the City Clerk to attest an agreement with the Iowa Depart- ment of Transportation to provide transit assistance for FY80. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES x P NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts x Vevera Passed and approved this 11th day of September 1979, A OR Pro tem ATTEST: CITY CLERK �=iv= 'b IPPROVED BY THE LEGAL DEPP.i!TN-;:IT 44 IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT 1.0 General Provisions 9.0 Settlement of Disputes 2.0 Roles and Responsibilities 10_0 Termination or Suspension of the Public Agency of Project 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements 8.0 Contract Non --Performance 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT 11.0 Renewal, Renegotiation and Modifications 12.0 Hold Harmless 13.0 Assignability and -Subcon- tracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions n THIS AGREEMENT, made and entered into this day of 1979 , by and between the IOWA DEPARTMENT OF TRANSPORTATION, an agency of the State of Iowa, hereinafter called the "DEPARTMENT", and the CITY OF IOWA CITY located at 410 E. Wa=h in ton Iowa Cit Iowa 52240 hereinafter Calle the PUBLIC AGENCY". In const eration o 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 outlined in this AGREE14ENT from July 1. 1979 through June 30, 1980 1177 1.3 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized. by H.F. 7381 FIRST Session of the Sixty -Eighth General Assembly for Operating Assistance as described in the application herein made as a part obis AGREEMENT 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 reimbursement will be provided and the understandings and promises made as to the manner in which the PROJECT will be undertaken and completed. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (A) Operating Revenue - All revenue generated by -transport- ing the individual passsenger or by unit of service (i.e., farebox, charter, mileage, or hours of service and service contracts); (B) Non -Operating Revenue - Monies generated by the PROJECT by means not related to passengers transported o3;�, Operating Support (s.e., interest income and advertising income); (C) Operating Expenses - All eligible PROJECT expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTMENT. (D) Operating Support Need - Operating expenses less operating and non-operating revenues. (E) Dperating Support = All monies'received•by the PROJECT not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the operating --support need. (F) Program Support - Total operating support -less the oper- ating support from sources other than the Iowa Department of Transportation: (G) Line -Item - Specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. -2- //71f) (H) Ceiling Amount - Maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREE- MENT as a whole. (I) Participation Percentage - The percentage.which denotes the part or portion of the PROJECT or task which will be funded by any given•funding source. (J) Funding Commitment The maximum amount or maximum parti- cipation percentage any given funding source has committed to through the PUBLIC AGENCY for this AGREEMENT and PROJECT. W Contract Revenue - Operating revenue contracted by unit of service (i.e., trips, passengers, hours or miles). (L) Contract Support - Operating support contracted to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is Robert A. Vevera (i.e., who has -signatory powers). 1.7 PROJECT MANAGER. The project manager for this project on the staff of the" PUBLIC AGENCY is —mH,; ._ MoseJramwho is directly responsible the p - 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, for which financial assistance is being provided by the DEPARTMENT pursuant to this AGREEMENT. 2.2 The PUBLIC AGENCY shall commence to carry out the goals and objectives as described in Section 5.8 and as described as PROJECT REQUIREMENTS in the application. 2.3 The PUBLIC AGENCY shall disclose to funding sources that.may be acquired AGENCY during the PROJECT period. the DEPARTMENT any additional or made available to the // 7 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT 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 6011 of the Code of Iowa (1979). 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_transpor _ tation-related costs, revenues, and operating support from all funding sources are recorded so that they may be clearly identified, -easily traced, and substantia�ily documented. 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 allow- able under the provisions of Federal Management Circular 74-4 to which Attachment B- "Standards -for Selected Items for Cost". (B) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the effective date of this AGREEMENT will be eligible for -reimbursement 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. 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 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 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 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. -5- lie 5.8 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 audit verification of the financial and oper- ating data supporting said items. - 5.81 Statistical Objectives: (A) Annual Ridership = 1,700,000 (B) Annual Ridership__ , 1, 700, 000 1. 82 Operating Expense 933,265 (C) Annual Miles of Operation = 680,000 = 0.73 Operating Expense 933,265 (D) Revenue 406,732 0.44 Operating Expense —93-37-Z-6 5 - 5.82 System Objectives: (A) Increase system ridership by 376 for 4/1/79 through 3/3/80. (B) Restructure the routes through an in-depth analysis and imple- mentation by 2/15/80. (C) Direct a marketing and a promotion campaign to increase rider- ship during off-peak hours starting 7/1/79, using the Iowa DOT Operator's Marketing Manual. (D) Obtain funding approval for transit coaches by submitting a Section 3 and/or Section 18 grant application by l/l/80. -6- //P,)- 5.62 System Objectives (continued) (E) (F) (G) (H) 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the reimbursement of expenses up to limits described in this AGREEMENT, as follows: 6.11 For each line --item of this AGREEMENT the DEPARTMENT will, upon receipt of -sufficient documentation and appropriate request, reimburse the PUBLIC AGENCY for the lesser of the following three amountsi (A) Actual line -item amount or program support, as denoted in Section 6.22; (B) Ceiling amount established in this AGREEMENT for the line -item, as denoted in Section6.22; and (C) The amount corresponding to the DEPARTMENT's line -item participation percentage multiplied by the actual -.line -item amount or operating support, as denoted in Section 6.2 . 6.12 The sum of the eligible reimbursement payments for all line -items of this AGREEMENT, as described above, is compared to the -amount corresponding to the DEPARTMENT' "support participation percentage", as denoted in Section 6.23, multiplied by the PROJECT operating support.:- The DEPARTMENT will pay the lesser of the _ two amounts; 1) the sums of the eligible -reimbursement payments for all line -items of this AGREEMENT, and 2) the amount corresponding to the DEPARTMENT's "support participation percentage" multiplied by the PROJECT - operating support. 6.13- .Advance funding is available from the DEPARTMENT for this project -as -follows from H.F. 738 of the 68th General Assembly: "Notwithstanding chapter eight,&_(BI of the code, it is the intent of the general assembly that funds appropriated for public transit purposes to implement a state assistance plan shall be allocated in whole or in part to a public transit system prior to the time actual expenditures are 'incurred if the allocation is -first approved by the State Department of Transportation. A public transit system shall. -make application for advance - allocations to the State Department of Transpor- tation specifically gtating the reasons why an advance allocation is required and this allocation -- shall be included in the total to be audited." Advance funding provisions may be made part of this agreement by amendment, in accordance with Section 11.0 of this AGREEMENT_ 6.2 FINANCIAL'LTMITS 6.21 The estimated total transportation operating support need of the PROJECT is '$_5'2'6', 533.... " , based upon the following analysis: Total operating expenses Less total of all"revenue-- ncluding all contribu- tionsl sm $733,265 $. 406,.73Z 6.22. The DEPARTMENTI�s participation in the PROJECT cost will be limited to the Tollowinq funding criteria: LINE^ITEX ..•. .DEPART ENV S CEILING AMOUNT ' DEPARTMENT'S LINE -ITEM PARTICIRZTION "PERCENTAGE 1Project Support $ 177;932 33.8 2. 3. 4. 6. TOTAL DEPARTMENT CEILING CONTRACT LIMIT $177,932 33,8 G.23 The operating expenses for the PROJECT will be covered by operating funding consisting of the following sources: OPERATING FUNDIW.6 LL SOURCES) PARTICIPATION PERCENTAGE SUPPORT PROJECT A, OPERATING SUPPORT (SOURCES -AMOUNTS) 1. CONTRACT SUPPORT a. IOWA DOT 177,932 33.8 19:0 b. c- d. e. f. . 9- h. 3- 2. NON -CONTRACT SUPPORT , a. City of Iowa Cit $348,601 66.2 37.4 a b. (General Fund)r C. a. e. f. _ 4- h. i. Sub -total $526,533 1008 56.4 . 6.23 CONTINUED OPERATING FUNDING (ALL SOURCES) PARTICIPATION PERCENTAGE B. OPERATING REVENUE CONTRACT REVENUE PROJECT 1. CONTRACT"REVENUE (sources -amounts) " a. b. C. d. e. f. 9- h. i. j. - k. 1. M. n. CHARTER REVENUE 44 Sub -total $ -0- 1008 2. FAREBOX REVENUE Sub -total $ 405,000 1008 43.4• C. NON-OPERATING REVENUE - 1. INTEREST INCOME -$1,732 2. ADVERTISING--, = 3. 4. 5. Sub --total $ 1, 732 100% TOTAL OPERATING FUNDING $_933,265--- 1100 -11- 11F 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual line -item and the total contract amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such line -items as.this circumstance applies to line --items, and for the total contract as this circumstance applies to the total contract (refer to Section 6.11 for line -items and Section 6.12 for the total contract).. _ _6_.3.2 If• -there is no "operating support need", there will be .no funding by the DEPARTMENT. No provision for profit or other increment above cost at DEPARTMENT EXPENSE is intended. 6.33 Reiinbursement requests by the PUBLIC AGENCY to the DEPARTMENT shall be made by line -item as outlined in Section 6.22. -Reimbursement requests shall reflect costs incurred toward each t ask. Over- runs in costs of tasks shall not be reimbursed unless a "change of work" request has the approval of the DEPARTMENT prior to the occurrence of the cost overrun. THE DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.34 Any revenue generated by interest payments on PROJECT funds -shall be credited to the PROJECT'as non-operating revenue. 6.4 No'Provisions 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY -AND SERVICE 6.51 All accounting practices applied and all records main- tained will be in accordance with generally -accepted accounting principles -and procedures as well as those that may be prescribed by .the DEPARTMENT. 6.52 The PUBLIC -AGENCY shall permit and shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials,- records, and any other data with regards to the PROJECT and to audit the books, records, and accounts of the PUBLIC AGENCY and its contractors with regards to.the PROJECT -.- 6:53 All records applicable to the PROJECT must be retained and available to the DOT for a period of three (3) years after the close of the PROJECT period. The PUBLIC AGENCY shall provide copies of said records and documents to - the DEPARTMENT upon request. -12- 6.54 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 determined by the DEPARTMENT to be pertinent to ascertain com- pliance. 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 certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information: 6.55 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 operating statement along with a list of all funding sources and amounts and a quarterly narrative progress report utiliz- ing 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 rCs-alt in the establishment of a penalty or forfeiture clause in the following year's operating 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, narrative and financial operating statement showing .the total expense and revenue of the PROJECT. Failure to do so will be grounds for forfeit- ure of the funding of the remaining portion of the PROJECT by the DEPARTMENT. 7.3 REIMBURSEMENT INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly progressive billings to the DEPARTMENT covering those eligible costs that have been incurred and paid by the PUBLIC AGENCY. -13- %l8% 7.3 REIMBURSEMENT INFORMATION (.continued) 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as'the DEPARTMENT may require to justify and support said PROJECT costs and payments. 7.33 The"financial operating statement and narrative progress report must accompany all requests for operating assist- ance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and objec- tives 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 concerning the PROJECT shall be sent to the Public Transit Division, Iowa Department of Transportation,:5268 N.W. 2nd Avenue, Des Moines, Iowa 50313. - 8,0 CONTRACT NON-PERFORMANCE 8.1 In the event of the PUBLIC AGENCY's non-compliance with the provisions of this contract, the DEPARTMENT shall impose such contract -sanctions as it may determine to be appropriate, including,- but not limited to: (A) Withholding of payments to the PUBLIC AGENCY under the contract until the PUBLIC AGENCY complies, and/or (B) Cancellation, termination, or suspension of.the contract, in whole or in part. 8.2 If at any time it is determined by the DEPARTMENT that there is any outstanding right or claim of right in or to the PROJECT -property, the existence of which creates an undue _ risk of interference with the operation of the -PROJECT or the performance of the -covenants -of the -PUBLIC AGENCY herein contained, the PUBLIC AGENCY will acquire, -extinguish or modify said right -or claim -in a manner acceptable to the -- DEPARTMENT. 8.3 The PUBLIC -AGENCY will promptly, upon written notification reimburse the DEPARTMENT for any justifiable audit exceptions. If reimbursement of audit exceptions is not made to the DEPARTMENT within 180 days -of said written notification, the DEPARTMENT may recover such reimbursements from subsequent State Transit Assistance AGREEMENTS at the DEPARTMENT's dis- cretion. -14- `% 9D 9.0 SETTLEMENT OF DISPUTES The DEPARTMENT will, in all cases, decide any and all questions which may arise concerning a question of fact in connection with the items covered by AGREEMENT, or between the parties of this AGREEMENT: 10,0 TERMINATION OR SUSPENSION OF PROJECT 10.1 Termination or Suspension Generally --If the PUBLIC AGENCY abandons or before completion, finally discontinues the PROJECT; or if, by reason of any of the events or reasons, the commencement, prosecution or timely completion, of the PROJECT by the PUBLIC AGENCY is rendered improbable, infeasible, impossible, or illegal, the DEPARTMENT may, by written notice to the PUBLIC AGENCY suspend any or all of its obligations under this AGREEMENT until such time as the event or condition resulting in such.suspension has ceased or been corrected, -'or the DEPARTMENT may terminate any of its obligations under this AGREEMENT. 10.2 Action 'subsequent to notice of termination or suspension upon receipt of any final termination or suspension notice under this Section, the PUBLIC AGENCY shall proceed promptly to carry out the actions required which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, PROJECT activities and contracts and, (2) furnish a statement of the status of the project activities as well as a proposed schedule, plan and budget for terminating or -suspending and closing out PROJECT activities and other undertakings the cost of which are otherwise includable as PROJECT costs.- The closing out shall -be carried out in con- formity -with_ the latest schedule,.plan-and budget within a reasonable time. Reimbursement to the PUBLIC AGENCY in the event of termination shall be for actual costs in accordance with Section 6.0 of this AGREEMENT. 10.3 Other Conditions -- Notwithstanding any other provisions of this AGREEMENT, the DEPARTMENT may elect by notice in writing not to make a -payment to the -PUBLIC AGENCY if any of the follow- ing conditions of termination..or suspension at the discretion of the DEPARTMENT., 10.31 The PUBLIC AGENCY shall -have made -misrepresentation of a material nature in its application, or any sup- plement or amendment, or in or with respect to any document or data furnished. 10,32 There is pending litigation with respect to the per- formance by the PUBLIC AGENCY of any of its duties or obligations which may jeopardize or adversely affect the PROJECT, the AGREEMENT, or payments to the, PROJECT. -15- // %� 10.3 Other Conditions (Continued) 10.33 The PUBLIC AGENCY shall have taken an action pertain- ing to the PROJECT which under the established pro- cedures required the prior approval of the DOT or shall have proceeded to make related expenditures or incur related obligations without having been advised by the DOT that the same are satisfactory. 10.34 There has been any violation of the conflict of interest provisions contained herein. 10.35 The PUBLIC AGENCY -shall be in default under any of the provisions contained herein. 11.0 RENEWAL, RENEGOTIATION, AND P10DIFICATION 11.1 In the event the DEPARTMENT desires to make additions, changes or modifications in the PROJECT, the PUBLIC AGENCY agrees that such changes will be made subject to its approval.' In the event such changes involve substantial additional expense and time, the PUBLIC AGENCY shall advise the DEPARTMENT or its authorized representatives in writing. Such changes shall be made only after the DEPARTMENT gives written authorization to the PUBLIC AGENCY. 11.2 In the event that during the period of work, the PUBLIC AGENCY shall -find it advisable or necessary to change, alter or modify the PROJECT in any way in order to improve the PROJECT in some manner, the DEPARTMENT agrees that'the PUBLIC -AGENCY may make such changes, alterations or modif-icat'ions, provided that the DEPARTMENT or its authorized representative shall be advised.thereof BEFORE such changes are made and shall approve of such changes in writing. 11.3 The DEPARTMENT or PUBLIC AGENCY may, from time to time, request changes in the scope of services and/or the time of performance hereunder by the PUBLIC AGENCY. Such changes including any increase in the amount of compensation of the PUBLIC AGENCY which are mutually agreed upon by and between the bEPARTMENT and the PUBLIC AGENCY shall be incorporated in written'amend- ments to this AGREEMENT. 11.4 During. the course of the PROJECT, it may be necessary to revise the PROJECT budget. No budget revision shall be effective unless the DEPARTMENT shall have approved the same prior to the change and approval thereof to be documented in writing. 11.5 The PUBLIC AGENCY agrees to secure written approval of any changes in any of the objectives prior to initiating or under- taking any such changes. -16- 12,0 HOLD HARMLESS 12.1 RESPONSIBILITY FOR CLAIMS AND LIABILI The PUBLIC AGENCY shall be responsible for all damages to life, body, and property due to the activities of the PUBLIC AGENCY and its agents or employees, in connection - with their services under this AGREEMENT, and agrees to pay cost, charges, expenses, or incurred liabilities to said agents or employees arising hereunder. The PUBLIC AGENCY specifically agrees that its agents or employees shall possess the exaerience,-.knowledge, and character to qualify them individually for the particular duties they perform. Further, it is understood and agreed that the PUBLIC AGENCY shall indemnify and save and hold harmless the DEPARTMENT, its officers, employees, the State of Iowa, and the Federal Government for all claims, suits, actions, damages, and costs, whether real or asserted, arising out of any negligent act or omission, whether real or asserted, on the part of the PUBLIC AGENCY, its officers, agents and employees or sub- contractors which may result from their operations in*con- - vection with the work to be performed. 12-.2 LIABILITY OF THE DEPARTMENT The DEPARTMENT shall not be obligated or liable hereunder to any party other than the PUBLIC AGENCY. 13.0 ASSIGNABILITY AND SUBCONTRACTING 13.1 Subcontracting, assignment, or transfer of all or part of the duties, activities, and responsibilities the PUBLIC AGENCY is obligated to perform by the terms of this AGREEMENT are prohibited except with the prior written approval of the DEPARTMENT. In the event the DEPARTMENT gives such approval, the party or parties to whom such work -is subcontracted, assigned or transferred shall be bound and obligated by the terms and conditions of this AGREEMENT as fully and completely - as the PUBLIC AGENCY. 13.2 The -PUBLIC AGENCY shall -take such action with respect to' any subcontract or procurement -as the -DEPARTMENT may direct as a means of enforcing-such_provisions including sanctions.-_ for non-compliance; provided, however, that in the event -the PUBLIC AGENCY becomes involved in or is threatened with__ litigation with a subcontractor or supplier as a result of such direction,- the PUBLIC AGENCY may request the 'DEPARTMENT to enter into such litigation to protect the interests of the State. -17- // 9-? 14,0 INTEREST AMD PROHIBITED INTEREST 14.1 The PUBLIC AGENCY shall insert in all contracts entered into in connection with the PROJECT or.any property included . _ -in any PROJECT, and -shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the PUBLIC AGENCY or of the locality during'his tenure or for one year thereafter shall have any interest, direct or indirect, this -contract.or the psnceeds-thereof.'— The provisions of this subsection shall not be applicable to any agreement.between the PUBLIC AGENCY and its fiscal -depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govern- mental agency. — 14.2 Neither the PUBLIC AGENCY nor any of its contractors or their subcontractors shall enter into any contract, sub- contract, or arrangement in connection with the PROJECT or any property included or planned to be included in the PROJECT in which any member, officer, or employee of the PUBLIC AGENCY or the locality during his tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the PUBLIC AGENCY, the PUBLIC AGENCY with the prior approval.of the DEPARTMENT may waive.the -prohibition contained in this subsection; provided, that Any such present member, officer, or employee shall not participate in any action by the PUBLIC AGENCY or the locality relating to such contract, subcontract or arrangement. 14.3 No member or delegate to the Iowa State Legislature or to the Congress of the United States shall be admitted to any share or part of the AGREEMENT or any benefit arising there- from. 15.0 ADDITIONAL AGREEMENT PROVISIONS Some miscellaneous general provisions.not-included elsewhere in the AGREEMENT are as follows: •-• 15.1 ENTIRE AGREEMENT -- This contract, expresses the entire AGREEIIENT between parties and -no represenations, promises or warranties have been made by either of the parties that are not fully expressed herein concerning this PROJECT. -is- 1/FX 15.2 SAVINGS CLAUSE If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT shall not be affected thereby if such remainder would then continue to conform to the terms and•req'uirements of applicable law. 15.3 WORDING All words_ used herein in the singular form shall extend to and include the plural. -All words used in the plural form shall extend to and include the singular. All words used in any -gender- shall extend to -•and.- incluAe all genders - 15.4• -- _ 15.9• BONUS AND COMMISSION PROHIBITION By execution of the AGREEMENT, the PUBLIC AGENCY represents 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 financing hereunder. 15.5 SUCCESSORS AND ASSIGNS It is further understood that this AGREEMENT and all contracts entered—into—under the provisions of this AGREEMENT shall be binding upon the DEPARTMENT and PUBLIC AGENCY and their successors and assigns. 15.6 COMPLIANCE WITH LAWS .15__61 The PUBLIC -AGENCY agrees to comply with all Federal, State and local laws, ordinances and resolutions - applicable to the prosecution of the work covered by this AGREEMENT. 15._62 It is specifically understood and agreed by the parties - ...hereto that participation by the DEPARTMENT" in -this PROJECT requires compliance with the rules as defined under the Iowa Administrative Code 820, which are herein incorporated by reference and made part of this AGREEMENT. •15..63- It is understood and -agreed by the parties hereto that participation by the DOT in this PROJECT requires compliance with the rules as defined under the Iowa Administrative Code, -Transportation 820(01,B]2.0(307) subtitled -Procurement. These rules became effec- tive July"16, 1975, as provided under the Admini- strative Procedure Act; Chapter 17A, of the Code of Iowa, 1975, which are herein incorporated by reference and made part of this AGREEMENT. -19- 15.7 COPYRIGHT PROHIBITION No reports, maps or other documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the PUBLIC AGENCY. 15.8 CONTRACT EXECUTION This contract may be simultaneously executed in several counter- parts (in which case there shall be no less than three (3) each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 15.9 EFFECTIVE DATE Notwithstanding any other provisions of this agreement, the PUBLIC AGENCY shall be reimbursed for all expenses incurred and activities performed pursuant to this agreement after July 1, 1979. 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 day of 1979. CITY OF IOWA CITY PUBLIC TRANSIT DIVISION 410 E. Washington IOWA DEPARTMENT OF TRANSPORTATION Iowa City, IA 52240 5268 N.W. Second Avenue Des Moines, IA 50313 Pho (515)281-42��.J��""'v` B ' -s—,.r-�•�By n R gn ln. er o nne Short Mayor Pro Tei+t 911:217P rector iVEIVED 8 LPPROVED BY 11M LEGLL DEPLRTYENT i- 7� ;7 d C 15.7 COPYRIGHT PROHIBITION No reports, maps or other documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the PUBLIC AGENCY. 15.8 CONTRACT EXECUTI This contract may be simultaneously executed in several counter- parts (in which case there shall be no less than three (3) each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 15.9 EFFECTIVE DATE Notwithstanding any other provisions of this agreement, the PUBLIC AGENCY shall be reimbursed for all expenses incurred and activities performed pursuant to this agreement after July 1, 1979. 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 day of , 1979. CITY OF IOWA CITY 410 E. Washington Iowa City, IA 52240 PUBLIC TRANSIT DIVISION IOWA DEPARTMENT OF TRANSPORTATION 5268 N.W. Second Avenue Des Moines, IA 50313 Phone: (515)281-4265 Mayor P,-, -Tem q�a/79 Joanne Short Director Imeriv :D 8 APPROVE) BY THE LEGAL DEPIRTHENT %-7-7q b a ' BEST APPENDIX 13OCLJMENT . rykVAjLABLE I017A DEPARTMENT OF TRANSPORTATION t Special Attachment To Contracts or Agreements Entered Into 11ith the Department of Transportation of the Slate of Iotija ant conflicts with provisions of the Docum NOTE: 17henever this Special Attachm to -d' it is attached, this Special Attachment shall govern.' TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 NOTIFICATION Tile Department of Transportation of the State of Iowa. in accordance 52) andhthee provision of Title VI of the Civil Rights Act of 19G4 (78 Stat. gra Regulations of the U_S. Department of Transportation (49r��csRthat ait villlaff pi,tsuant to such Act_ hereby notifies all contracting p. out tively insure that this contract 'Jill be implemented.bandica}orh a ional oripin,disc-rirninatz as me grounds of race, religion, sex, age, color. h P• the following six "nondiscrimination Clauses'" specifically se[ out-in CLARIFICATION ion Where the term "contractor" appears in the following six all partieslto[contr: Clauses, the term "contractor" is understood to include all p or +grecmcnts,tirith the Department of Transportation of the State o owa. race 1 of 3' //97 During the performance of and successors in interest 2:5 follous: nondiscrimination Clauses this contract, the contractor (hereinafter referred to as BEST. DOCUMENT AVAILABLE for itself, its assigns the "contractor"), agree :(1)7'Compliance witll Regulations: 'The contractor,%ill comply iii•th thn: Regulations of the U.S_-Department of Transportation relative to nondiscrimination in federally assisted programs of the ll.S_ Departme of Transportation -(Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorpo by reference and made a part of this contract - (2) Nondiscrimination: The contractor, with regard to the work performed =� by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, religion, sex, age, color, h: cap or•nat-Sonal or in the selection and retention of subcontractors. including procurements bf materials and lcases_of equipment_ The -contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21_5 of the Regulations, includi+ employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors Including Procurements of Haterials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a ::subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contracts of the contractors obligations under this contract and the Regulatior relative to nondiscrimination on•the grounds of race, religion, sex, age, color, handicap or national origin. •(4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books„'records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation of the State of Iowa to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is i the exclusive possession of'anotlicr who fails or refuses to furnish_ this information, the contractor 511211 so certify to the Department 'of Transportation of the'State of Iowa and shall set forth what efforts it has made to obtain the information_. (5) Sanctions for Noncompliance_ In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the Department of Transportation of the State of Ioua shall impose such contract sanctions as he may detennine to be appropriate, including, b, not limited to, (a) uit'hholding of payments to Lbe contractor under the contract until the contractor complies, and/or Pare 2 -of 3 /, �O (b) •cancellation, termination or suspension of the contract. in whole or in part. (G) Incorporation of Provisions: The contractor will include the provisic of paragraph (1) through (6) in every subcontract, including procureme of materials and leases of equipment. unless exempt by the Regulations order -r -or instructions issurd pursuant thereto. .The contractor will t sucfi action with respect *to any subcontract or procurement as•tlhe Depa 'BEST of Transportation of the State of Iowa may direct as a means of enforc DOCUMENT such provisions including sanctions for noncompliance: Provided, howe AVAILABLE -that, in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the contractor may request the StaLe to enter into such litigation to protect.the interests of the State. . Pncc 3 of 3 RESOLUTION NO. 79-446 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 deProsse the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse _ X Erdahl _ x Neuhauser x Perret x Roberts X Vevera Passed and approved this 11th day of September, 1979. AYOR pro _ten, ATTEST: CITY CLERK RmNed i Approved By The Legal Deparftmnt /ado AGREEMENT FOR TRANSIT SERVICES THIS AGREEMENT, made and entered into thie2doy of 1979, by and between the City of Iowa City and the City of Univors ty 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 upon the signing of this agreement and shall continue for one year. 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 $11,820.00 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. ITY OF IOWA CITY, IOWAOF UNIVERS HEIGHTS, IOWA B y; Ma or Pro tem Mayor//�� Attest• G1r� Attef (q. City Clerk City Clerk /a o / RESOLUTION NO. 79-447 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH THE JOHNSON COUNTY REGIONAL PLANNING COMMISSION, UNITED WAY, AND JOHNSON COUNTY BOARD OF SUPERVISORS TO PROVIDE HUMAN PLANNING FOR JOHNSON COUNTY. WHEREAS, the City of Iowa City, Johnson County Board of Supervisors, United Way, and Johnson County Regional Planning Commission recognizes the importance of planning to meet human needs and to provide orderly program development to meet the needs of citizens in Johnson County, and WHEREAS, the Commission and United Way is capable of doing research and planning as part of the human services planning for Johnson County, and WHEREAS, an agreement to provide such human needs planning has been negotiated between the parties listed above, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to execute and the City Clerk to attest the agreement. It was moved by Neuhauser and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse ATST—alnErdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this llth-day'oj September 1979. -, OR pro few ATTEST: CITY CLERK r-- AGREEMENT This Agreement, made and entered into this day of , 1979, by and between the City of Iowa City, a municipal corporation hereinafter referred to as "City", and the Johnson County Regional Planning Commission, hereinafter referred to as "JCRPC". This Agreement, also, entered into this day of , 1979, between the Johnson County Board of Supervisors, hereinafter referred to as "County", and United Way of Johnson County hereinafter referred to as "UW". "Funding bodies shall mean the City of Iowa City, Johnson County Board of Supervisors, and United Way of Johnson County." NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES JCRPC and UW shall jointly provide management and information service, as described in Section A below, to assist the City, County, and United Way in evaluating human resource programs which seek financial support from United Way for FY80 or from the City or County for FY81 and shall disseminate appropriate funding and program information with regard to these human resource programs. UW shall regularly update the Johnson County Services Index, as described in Section B below, and shall publish a revised index on an annual basis. JCRPC shall undertake detailed staff review through the A-95 Review and Comment process of all relevant human service applications for federal financial assistance, as described in Section C below. A. Management and Information Services Management and information services shall be provided jointly by JCRPC and UW to the funding bodies to assist in carrying out the joint funding process for human services. The following services shall be provided: 1. JCRPC and UW shall jointly draft budget and program information forms to be used by all human service agencies applying for financial support from one or more of the funding bodies. An instruction manual shall be prepared to assist agencies in proper completion of the necessary forms. 2. UW shall hold two workshops on proper use and interpretation of the budget and program information forms: one for funding bodies and one for agencies seeking funding support. JCRPC and UW staff will -2 - instruct the agencies regarding proper completion of the forms; funding bodies will require attendance by all agencies applying for funds. JCRPC and UW staff will also instruct the funding bodies in the analysis and utilization of the information provided by the forms. 3. JCRPC shall review and analyze all applications for financial assistance made to funding bodies by human service agencies, shall prepare an evaluation of each application, and shall make recommendations regarding each. The following steps shall be used for this procedure. a. All applications shall be received by JCRPC on or before July 16, 1979, eight (8) weeks prior to the beginning of the joint hearings. b. JCRPC staff shall review the applications for proper completion. If an application is incomplete or improperly completed, staff will return it to the applicant agency with a written explanation of the deficiency on or before July 23, 1979. C. All corrected applications shall be received by JCRPC on or before July 30, 1979, six (6) weeks prior to the beginning of the joint hearings. d. JCRPC staff shall analyze all applications and shall prepare a written evaluation of each. The evaluation shall be one to two pages in length and shall contain the following information: i. Amount requested from United Way for FY80 and from the City and County for FY81. ii. Amounts requested from and funded by United Way for FY78 and FY79; amounts requested from and funded by the City and County for FY79 and FY80. iii. Explanation of increase or decrease in present funding request from previous year's request (e.g., increase due to loss of CETA funding, added staff, increased cost of materials, proposed program expansion; decrease due to discontinuation or reduction of an agency program, availability of new or increased funding from another funding source.) iv. Analysis of proposed program additions or expansions in light of needs identified in Human Service Profiles or other documentation of need. -3- v. Evaluation of agency programs based upon site visits, where applicable. vi. Evaluation of agency cooperation with the human services program (e.g., use of appropriate management techniques, including the establishment of standards and setting of measurable goals and objectives; accurate reporting and use of the budget and program information forms; attendance at the agency budget workshop.) vii. Staff will indentify instances where the staff is personally associated with the agency. viii. Analysis of agency programs in relation to guidelines for funding developed by each funding body. (See section I) 4. ix. Recommendation for funding based upon: (1) past performance and program operation, (b) proposed programs and their relationship to identified needs, (c) the relationship of agency programs and services to guidelines for funding developed by each funding body, (d) attendance at human services programs and compliance with their regulations, (e) promptness and accuracy in completion of budget and program information forms. These summaries shall be attached to each agency's application for financial support. UW shall oversee the distribution of all supportive materials to funding body representatives for use in the joint funding hearings (i.e., completed budget forms, completed program information forms, and evaluations completed by JCRPC staff as in Section I)A)3)d above. UW shall also compile and ready these materials for distribution to funding body representatives no later than one (1) week prior to the particular agency's scheduled hearing. UW shall undertake to set up the schedule of agency hearings and shall notify each agency and funding body representatives of that schedule. JCRPC and UW staff shall attend all hearings to provide additional information regarding agency requests and to clarify, where necessary, information contained in the staff evaluations. Two representatives from each funding body will be designated to attend each hearing. 1,;2,4j- -4- 7. A separate hearing will be held for each applicant agency; joint sessions may be held in addition to the individual hearings in order to provide more complete information regarding services in a particular area and program interactions among agencies (e.g., in the area of youth services). 8. funding body representatives will hold separate sessions following the completion of the agency hearings in order to discuss agency funding applications and allocations. Each funding body will make its allocations at a separate meeting of that funding body. A date will be set for a joint meeting of funding bodies to hear any appeals by agencies regarding the allocations. 9. All forms, policies, and procedures used in the joint hearing process shall be revised by staff, with input from other relevant staff and from policy makers, as it becomes desirable or necessary. The funding bodies shall vote on the adoption of all such changes. B. Johnson County Services Index 1. UW shall maintain the Johnson County Services Index, which catalogs all social agencies and programs in Johnson County. The information in the Index will be maintained on the University of Iowa ATS memory system. 2. UW will notify all subscribers to the Index of major changes (i.e., new/discontinued agencies and programs) on a quarterly basis. 3. Agencies which serve as major information and referral sources will be notified of all updated information quarterly. 4. A complete update of the Index will be made available to all subscribers annually. 5. Those agencies which serve as major information and referral sources and which continually update their own copies of the Index will be used as a major resource for updated information. 6. Subscribers will be charged an annual fee of $2.50 per copy for this service, effective January 1, 1980; new subscribers will be charged an initial fee of $5.00 per copy. The following will be exempt from these fees: Iowa City Public Library, United Way, Baa 6� -5 - Crisis Center, JCRPC, Department of Social Services (Johnson County office), Campus Information Center, law enforcement agencies, City of Iowa City and Johnson County. C. A-95 Review The funding provided to JCRPC in accordance with this contract shall make possible a detailed review of human service agency applications for federal financial assistance through the Commission's A-95 Review process. The review shall consist of the following: 1. In carrying out the review, staff will consider among other things, previous applications and past performance in the case of continuation grants. New programs will be reviewed with consideration given to the needs identified in the JCRPC human service planning process. 2. Special public meetings will be held as needed to provide an opportunity for interested persons to comment on specific applications. The need for such meetings shall be determined by the JCRPC. Notices and supporting information will be sent to agencies whose services might be affected by the proposed program. Press releases regarding the special public meetings will also be issued. 3. Staff will forward all comments made by the public, as appropriate, to JCRPC. II. REPORTING JCRPC shall submit a report each month to the City Manager and City Council summarizing its activity during the proceeding month in performance of this contract. III. DURATION OF AGREEMENT This agreement shall be in effect starting July 1, 1979, and shall terminate on June 30, 1980. IV. COMPENSATION The City of Iowa City shall pay $7,000 to JCRPC upon execution of this contract with the understanding that the funds will be allocated to the salary of a human needs planner who will be employed half-time. CITY OF IOWA CITY, IOWA JOHNSON COUNTY REGIONAL PLANNING COMMISSION ATTEST:-EXE'_f DIRECTOR- CU JOHNSON COUNTY BOARD OF SUPERVISORS UNITED WAY OF JOHNSON COUNTY \�l1��0L.�2Y✓ RECLt' iVI p A 4'PROV6 EY Tay' a 4tyVLEFdR:XEHT RESOLUTION NO. 448 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: Hawkeye Amusement at Kane Depot, 114 Wright St. 19h14k14y12X1NfU2AX141( XXXnXMARX UJDXKXXX2101oXSXX%ll414 o4ax Sinclair Marketing, Inc. at 731 S. Riverside Drive It was moved by ;-;Z:'f and seconded by A'/�::': that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer i deProsse Erdahl :' Neuhauser Perret Roberts " Vevera Passed and approved this 18th day of September 19 79 c Attest: City Clerk Mayr /an9 LIQUOR CONTROL COUNCIL MEMBERS JOAN BALLANTYNE DON BELL BENNETT GORDON GLEN FOBES JAMES MULOUEEN HON. ROBERT D. RAY. GOVERNOR IOWA BEER & LIQUOR CONTROL DEPARTMENT STATE OFFICE BUILDING 3DO FOURTH STREET DES MOINES, IOWA 50319 515 - 281-5101 September 10, 1979 REFUND NOTICE Jirsa-Lovetinsky, Ltd. Moody Blue 1200 South Gilbert Court Iona City. Iowa 52240 ROLLAND A. GALLAGHER DIRECTOR GEORGE M. PRICE DEPUTY DIRECTOR Enclosed is State Warrant # 07909972 ,X9("K)lXXXXX)4XUXXXXXXXXn XXXQIN%XXMXXXXAXX1DVAVjSm)=X916fOQW for the amount of $ 113.75 Local authorities receive 65% of liquor license and Sunday sales permit fees. Some refunds are made on liquor licenses before any amount has been transferred to the local authority. When this occurs, the state makes the total refund. Local authorities cannot refund that portion of the Sunday liquor fees remitted to them. Refunds are made on the quarterly usage basis of yearly cost of a liquor control license or beer permit. One quarter $325.00 Two quarters LIQUOR LICENSE NO. LC -9203 State $113.75 State Three quarters Sta City or County $211.25 City or Co City or County. Please apply to the city of Iowa City for their share of the refund. One quarter Two quarters Three quarters WRA:grn Enc. City Clerk SUNDAY SALES PERMIT NO. State State State City or County City or County City or County Very truly yours, William R. Armstron Supervisor of Permits & Licenses License Division �j RESOLUTION NO. 449 RFSOLUT1ON TO REFUND A PORTION OF CLASS C LIQUOR IICT:NST: FEF: WHEREAS, Jirsa-Lovetinsky, Ltd. dba/ Moody Blue at _ 1200 South Gilbert Court has surrendered Liquor License N LC -9203 to the Iowa State Beer f, liquor Control Department, and has received the State share of 35% of one quarter of the liquor license fee, and, W11FREAS, the above licensee has applied for refund of the City' share of 65$ of one quarter of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOIVA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 payable to Jirsa-Lovetinsky, Ltd. dba Moody Blue for refund of portion of Liquor License " LC -9203 It was moved by j,r,1-rT and seconded by &, that the Resolution as read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 18th day of (September , 11199 79. _ Mayor ATTEST: City" Clerk Balmer i deProsse Erdahl Neuhauser i Perret ' Roberts ' Vevera Passed and approved this 18th day of (September , 11199 79. _ Mayor ATTEST: City" Clerk RESOLUTION NO. 79-450 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY80 BUDGET ENDING JUNE 30, 1980. 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., September 25, 1979, to permit any taxpayer to be heard for or against the proposed amendment to the FY1980 Budget ending June 30, 1980. The City Clerk is herbby 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 ( -- 1-6-� and seconded by r that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer ✓ deProsse Erdahl Neuhauser Perret _ Roberts Vevera Passed and approved this 18th day of September 1979. (� 2--, �� 6z - L": ROBERT VEVERAMM R O ATTEST: 141- ABBIE ST LFUS, CITY CLERK RECEIVO & APPROM BY TBE LEGAL DEPARTIENT N RESOLUTION NO. 7q3�5I. RESOLUTION APPROVING COMBINED PRELIMINARY AND FINAL PLATS OF HICKORY RIDGE ESTATES SUBDIVISION. WHEREAS, the owner and proprietor, Charles Scott Froeming and Sandra Lee Froeming, have filed with the Iowa City Clerk a combined preliminary and final plat and subdivision of the following described premises located in Johnson County, Iowa, to --wit: Commencing at the North Quarter Corner of Section 29, Township 80 North, Range 5 West of the 5th Principal Meridian; thence S 00000'00" E, 797.46 feet along an existing fence line; thence S 47°47'23" F., 363.45 feet along an existing fence line; thence S 45°40'21" W, 554.64 feet; thence S 21001'52" E, 563.37 feet to the center- line of the County Road and the Point of Beginning; thence Southwesterly 432.09 feet on a 1432.50 foot radius curve concave Northwesterly along said center- line; thence S 22°13'58" E, 596.22 feet; thence S 89°29'11" E, 50.00 feet; thence S 22°13'513" E, 50.31 feet; thence S 89029'11" E, 720.14 feet; thence N 38°15'09" W, 1019.00 feet to the Point of Beginning. Said tract of land containing 10.05 acres. AND WHEREAS, said property is owned by the above named individuals and the Dedication has been made with their free consent and in accordance with their desire and intent; AND WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements; AND WHEREAS, said plat and subdivision were examined by the Planning and Zoning Commission for Iowa City, Iowa, which Commission recommended n that said plat and subdivision be accepted and approved; T d M AND WHEREAS, the subdivision is located outside of the corporat JUL r 197(J ABBIE STOLFUS, CMC CITY CLERK (3) N la -2 - limits of the City of Iowa City, Iowa, but within a distance of two (2) miles thereof; AND WHEREAS, the owner has executed an agreement with the City of Iowa City, Iowa pertaining to the dedication of certain improvements upon an annexation of the subdivision into the City of Iowa City, Iowa; AND WHEREAS, the Planning n Zoning Commission and the City Council for the City of Iowa City, Iowa, have approved a variance of a reduction of the pavement width requirements set out in Section 32-7(b) of the subdivision regulations of the Iowa City Code permitting the width of the street in this subdivision to be reduced from 28 feet back-to-back of curb to 22 feet back-to-back of curb, since the provision has been made for the storage of more than five (5) automobiles on each lot as provided in Section 3.10.25 of the zoning ordinance for the reason that this subdivision includes a cul-de-sac street being less than 900 feet in length; 11011, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said combined preliminary and final plats and subdivision known as "HICKORY RIDGE ESTATES" located on the above described real estate be and the same is hereby approved; BE IT FURTHER RESOLVED that the variance in width of the paved roadway as described above is hereby approved pursuant to Section 32-7(d) of the subdivision regulations of the Iowa City Code; BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is -3 - hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA Robert Vevera MAYOR ATTEST: aLl Ai=4—L A bie Stolfus, CITY CLERK. [SEAL] The above and foregoing Resolution was introduced by Councilperson pe--rre.r , who moved its adoption. It was seconded by Councilperson V-- After discussion, the following roll call was called: AYE NAE Vevera ✓ Balmer DeProsse d Perret Roberts T Neuhauser EV-d'a1-.1 ,2 whereupon the Mayor declared the Motion duly carried and the Resolution duly adopted this 1,q+j, day of /ypy 1979. Robert Vevera R ATTEST: ��- 1 % 197 Abbie Stolfus, CITY CLERK. beeWed A Appraved AME STOLFUS, CMC By The Lege) Department CITY CLERK (3) Lf�.-r -� [SEAL] F-� la 14 RESOLUTION NO. 7q-44 a RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THF NFT(;HM Henn SITE IMPRDMIIM M - ASPHALT OVERLAY PROGRAM 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 plane, 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 $2,500.00 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 receip 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 2nd day of October , 19,25 Thereafter, the bide will be opened by the City Engineer or hie c3Pa Pe , 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 October , 1979 RLCEIVFD & APFROVFD j IXZA DF,PAJ'TZiXT iD1(7 Page 2 Resolution No. -29-45� It was moved by fbJiaLcs&-r and seconded by %e e,I that the Resolution as rea e a opte , and upon roll ca t are were: AYES: NAYS: ABSENT: ✓ BAIMER ✓ EEPFOSSE ✓ ERDAHL ✓ NEUHAUSER V PEP= ✓ ROBERPS ✓ VEVERA Passed and approved this /,&� day of 1977. ATTEST: 0,///, , CITY CLERK MAYOR lal� RESOLUTION NO. 79_4 3 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CURB RAMP PROGRAM - 1979 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 coat 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 $3,500.00 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 bide 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 receip 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 2ncl day of October , 19_a. Thereafter, the bide will he opened by the City Engineer�r hic d and thereupon referred to the Council of the City of Yowa City n 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 0,-i7r+wr , 19 79 . REalm- "Fs !"ERrVTT zY aa Page 2 Resolution No. 79--45_�3 It was'moved b r' and seconded b i that Y Y the Resolution as rea e a opte , and upon roll call there were: AYES: y i/ NAYS: ABSENT: u �• 00--V L/ VEVERA Passed and approved this day of )c-,hh=lh19 MAYOR ATTEST: 0jjCe-;, 2z4xL CITY CLERIC /a19 .RESOLUTION N0, q- 5 RESOLUTION APPROVING THE 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 developed a plan for the conservation, rehabilitation and redevelopment of the Lower Ralston Creek Neighborhood; 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. 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 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 ,j r, 11 1 and seconded by C-R,. R that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer ✓ deProsse Erdahl ✓ Neuhauser Perrot ✓ Roberts Vevera Passed and approved this jri. day of 5,z�,i. iti,`, i 1979. 7, /e,,"-'fes._-� Mayor cv, 2� ATTEST: , City Cler IT/t„v^• �✓+GAI: DL i' L:2'. ttlT, /'vpz. r,, ie - RESOLUTION NO. 7% yLSs 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 refer- ence made a part hereof, and, WHEREAS the City Council deems it in the public interest to enter into said 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 from September 1, 1979 through June 30, 1980, said rental property to provide covered, heated storage for equipment from the City Street 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 �.YYOSs� and seconded by a x the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer ✓ deProsse ✓ Erdahl I/ Neuhauser v Perret Roberts ✓ Vevera Passed and approved thislg�_k day of To offf ,2v- , 191-2. Oz, M YOR RECEIVED d 4iATTEST:BY Tn LffiAL D114RTiWT CITY CLERK 14 rj'/ 6 / 7 y l�a�, IbwA STATE RAR Assaciwtv0N FOR. THE LEGAL EFFECT or THE use O/alal Form No. 30 mae••r.,a ensu ,w " m..r amrl OF THIS FORM, CONSULT YOUR LAWYER y+• vel °�. LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this f fit day of� 19_:7,g_, by and between Johnson County Agricultural Aose i ti nn 'hereinafter celled the "Landlord") whose address for the purpose of this lease is 251 Federal Bldg.. P.O. Sox 226 Iowa. (Street and Number) (City) City, Iowa 52240 and (state) (Zip Coda) lli tom,nY TCity 'hereinafter called the "rennEW1 when address for the purpose of this lease Is 410 E. Washington 3t .. Iowa City Iowa 52240 (Street and Number) (CIM) WITNESSETH THAT: (State) (Zip Code) 1. 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 bpt and performed, loess unto the Tenant and Tenant hereby rents and Items from Land- lord, according to the forma and provisions heroin, the fatlewtag described MI estate, situated in Johnson 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. �in.qlu�d�° the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a term of 1 n mon h yearep,-aammenclag of mid- night of the day previous to the first day of the loam form, which shall be me No 1St day of 8eotember 19 79 and Cad at midnight on the last day of the loess isrm, which shall be on Re 30th day of June 119-1.0 upon the condition that the Tenant pays rent therefor, and otherwise performs as in this loam provided. 2. Rental to be paid for 10 month period in two payments: January, 1980 - $1,750 June, 1980 - $1,750 2. RENTAL Tenant agrees to pay to Landlord as rental for said fere, as followss S 350.00 per meati, In advance, fie trill, rot payment becoming dw open Strike (a) the ovoc atbn of this loan: or one 311111Xt XXXXXXXXXXXXX2=N1X XJ= and the some amount, per month. In advance, on the day of each month them ilNr, during the form of this low. In addition to the above monthly rental Tenant shall also pay: for all utilities used by the Tenant All rums 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 t % 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 loam farm, scop+ as herein otherwise expressly provided. Should Landlord be ow able to give passessioo am sold date, Tneentrs only damages shat be a rebating of the pro rata rental. 4. USE OP PREMISEL Tenant covenants and @gross during the term of this lase to use and to occupy the leased promises only for For restriclions on such use, an paragraphs 6 (e), 6 (d) and I I (b) below. S. QUIET ENJOYMENT. Landlord covenants that its estate in mid premises is and that the Tenant an paying the rent herein reserved and performing all the a9momente by the Tenant to be performed as provided in this loam, shall and may peaceably have, hold and anicy the demised promises for fie terra of this loam free from molestation, eviction or disturbance by the Landlord or any other persons or ,*gal entity whatsoever. (But soa paragraph 14, below.) Landlord, shall have the right to mortgage all of Its right, title, interest in mid promises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OP pREMlsn. (a) Tenant takes sold promises fa %air present condition except for such repairs and alterations as may be expressly herein provided $LCLIV1J) b iPrROVED BY LW" DDPASTIMT 9�q 8.1964 e°ii: = M= � w � rr ear r a, r.wra Is, r a♦)G�i lel s.AMULVAU-a Dal i Vr 6AnC AMU MAIN I nMANGC. Landlord will keep the root, structural part of the ricer, wens and other aTMC. fural parts of the building in good repair. (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 premises, 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 ifs own interior and exterior decorating. Tenant will not permit or allow said promises 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 sewer, 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 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 freeetog of pipes, N and only If the other forme of this lease fix responsibility for bootleg 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 for the plate glass In the windows of the leased promises and for maintaining the parking area, driveways and sidewalks on and abutting fie leased premises. N file leased premises Include fhe grennd floor, and M the other terms of this louse Include premises so described. Tenant shall make no structural alterations or Improvements without the written approval of the Landlord first had and obtained, of fhe 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 Ordf- 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 fie tonne of this lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on geld premises in the halls, if any, or the alley or yard in front, side or rear thereof, and it will remove same from the Dramises at its own exoense. SE709St1akMdaDNiXdolFdaKM669(xdd7ir�IWL76tiifNBifNdFelCi6'87i1G7E4fiFdGQ 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 fele 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 of (Landlord or Tenant) the expense of (Landlord or Tenant) (c) JANITOR SERVICE shall be furnished at the expense of neither (Landlord or Tenant) (d) HEATING shell be furnished at the expanse of Landlord with Tenant responsible only for ( Landlord or Tena of ) natural gas expense of heating. B. (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 or *me wyyq; and togr�d depreciation arising from lapse of time, or damage without fault or liability of Tenant. jl--- oma NXIL'QL(K�LE'e8m'�'.l l Jee,pif L1'/ (b) Tenant may, at the expiration of the farm of this lease, or renewal or renewals thereof or at A reasonable time so.14sene/Sf 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 form 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 fhe Landlord, make the natal for the balance of the louse 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 LerfK�r� s rights of appeal) against said real property shell be timely paid by the parties in The following proportions: by Landlord �iU_%; by Tenant aa. (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 shell be paid by Landlord 100 a/o; by Tenant %a. (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. (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 SURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises -yd -r' e , Ir'6 yi i�ard thereto, an onel property on the premises, reasonably insured against hazards end casualties; th rfl a and those items usually cov- ered by extended cove e.ynd Tenant will procure end deliver to the Landlord a certiffcatfo a respective insurance companies to that effect. Such insurance shaTf'b da payable to the parties hereto es their infer y appear, except that the Tenant's share of such insurance proceeds are hereby Assigned an a payable to the Landlord to a ren, or other obligations than due and owing Landlord by Tenant. (See also I I (e) below] jb) Tenant will not do or omit the doing of any act whi viliale Any insurance, or increase the insurance rates in force upon the ,CAI esfnfn improvmm�nfs on the premises or upon any nAI proper fhe Tenant upon which the Landlord by law or by the terms of this lease, has or shell have a lien. jr) Subrogation rights are not t waived unless a special provision Is a d to fhls lease. (d) Tenant further agrees 1 ply with recommendations n( Iowa Insurance Service Bureau and to Isle for and to promptly pay, as if current ren}al, any increase ' insurance rates on said premises And on the building of which said premises are rt, due to increased risks or hez�r-is resulting fr Chant's use of the premises otherwise than as herein contemplated and agreed. (e) INS CE PROCEEDS. Landlord shell settle and adjust any claim against any insurance company under its sai p ' 'sof insurance r the premises, and said insurance monies shell be paid to and held by the Landlord to be used in payment for cost of repairs rest ion of damaged building, if the destruction is only partial. [See also I I (a), above] (2) I INDEMNITY AND LIABILITY INSURANCE. Except as In nny negligence of Iho I. nndlord, arising out of roof and sl,. I parts off tiding, Tenant will protect, indemnify and save harmless Iho I nndlord from and ngainsi any and all loss, cash ago and rr ponsn•. ucrnsimi or ari,inq out nf, gay accident ur nthnr occurrence causing or inflicting injury and/or dam o any Iwnon or I,n,pnrly, hn ppuning ar in, upon or about }ho loosed promises, or dun diroctly or indintOly to the tonanc or occupancy thereof, or any part thereof by the Tanen any person claiming through or under the Tenant. The To"'Int-114s1r covenants and agrees that it will at its own expense procure an intain casualty and liability insurance in a respo company or companies authorised to do business in the State of Iowa, in amounts n s than $100,000 for any one person injured, and $500,000 for any ante acct a ith }ha limits of 525,000 for prop- erty damage, protecting The Landlord against such claim eget, r expenses on account of injury to any parson or persons, or to any property belonging to any person or perso reason of such casua 'dent or other happening on or about the demised premises during the term thereof. Ce as or copies of said policies, naming the Landlor , a viding for fifteen (7 5) days' not' o the Landlord before cancellation shall be delivered to the Landlord within date of the beginning of the Term of this lease. As to insurance of the Landlord for roof and 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 loose 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, shrikes, 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 timoly effort to obtain necessary permits and to repair end/or rebuild so that Tenant is not able to conduct its business on ihesn 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 fhe 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 shell be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within fen (10) days after such notice issues, and each party shall be released from all future obligations hereunder. Tenant paying rental pro rate only to the data of such destruction. In the event of such termination of ibis 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 demised 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, 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 loose 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 shell 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 romedied within such grace period. (See paragraph 22, below.) As an additional optional procedure or as on 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 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 6y death, and such bankruptcy, judicial sale or transfer has not been vecafed or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, than and in any such events, Landlord may, of 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-renfing by the Landlord upon the Tenant's default shall be construed only as an effort to mifi- 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. ;ng 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 promises 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 whc may furnish any material, service or labor for any building, improvements, alteration, repairs or any pert thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant eovenanls 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 proceed at law or in equity with any remedy provided by law or by this lease for the recover/ 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 form 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 shell, 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 premitas. (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. Copyright sera M The mwa Spite ev nsuct.venk r A.1 right. ..-ad. No tart n n .1 01, farm y be .Vraaua d By Y,v an , without a.rmInmn, In writing, Irani The Iowa Stab ear A.s«iauen. o 21. RIGHTS CUhWLATHVE. The various rights, powers, options, elections and remedies of either party. provided in this lease, shell be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, 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 remedy 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 Is this laua shall be given to the respective parties hereto of the resp"Hsra 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 bo considered given under the forms 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 United States mail box. 23. PROVISIONS TO RIND AND EENElIT SUCCESSORS, ASSIGNS, ETC. Each and wary covenant and agreement heroin ese- tained shall extend to and be binding upon the respective successor, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving ioint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, forms 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 Iraae contains Ne 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 there, unless said spouse is also a co-owner of an in}eresf 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. feminine or neuter gender according to the context. 27. Landlord agrees to assume liability for any and all loss, costs, dam- age, and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or prop- erty, happening or done, in, upon, or about the leased premises, except that Landlord shall have no liability for any loss, costs, damages or expenses to Tenant or its 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 lease in uMDLORs9 SPOUSE - - - LANDLORD (see paragraph 25) TENANrs srousR LSaa paragraph 1116)] INDIVIDUAL _ ,� +• STATE OFwalividosal c� geese SS, COUNTY OF Robert A. Vevera Mayor TENANT w.,...se On this day of 19_, before me, the undersigned, a Notary Public in and for said County and . amus 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 same as their voluntary act and deed. (SEAL( .................. Notary Public in and for said County and State CORPORATION. STATE OF IOWA 1 COUNTY OF Johnson ISS. On this day of A. D. 19 , before me, the undorsigned a Notary Public in and for said County and State, personally appeared Robert A. Vevera and Abbie $tOlfus to me personally known, who being by me duly sworn, did say that they are the Mayor ',:W City Clerk end respectively, of aid corporation execu}inq The • ,within and foregoing instrument, that Ino seal hes been procured by tie said corporation: that said instrument was signed land sealed) on dxwew (the seal affixed thereto is the seal of seid� or°MN" Robert Vevera ee se behalf of said corporation by authority of its Board of Directors: and {sof the said end Ahhi a StO1 as such officers acknowledged the execution of said instrument to be the voluntary act and doed of said corporaHcn by it and by them voluntarily executed. (SEAL) .�..�_._ _.__.._. Notary Public in and for said County and State FIDUCIARY STATE OF COUNTY OF SS. 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 Stets PARTNER STATE OF COUNTY OFUSS. On this day of J A. D. 19_. before me, the undsrsignnd, n Notary Public in and for said County and Stab personally appeared and to me personally known, who, being by me duly sworn, did say that he is (they ere) memberls) of the Partnership executing the within and foregoing Instrument and acknowledged that (he) (they) executed the am as the voluntary act end deed of aid co-partnsr(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 Council Member NieI- introduced the following Resolution entitled 'RENON DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member It_(�;r,�c seconded the motion to adopt. The roll was called and the vote was, AYES: kACLITO� Pell o11 (R>6 0 Y- �ez IIHPV� CVN �vASCP� CYc1aNI NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-456 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: Cedar Hills Construction $ 9,012.72 -2- AMLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. 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 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. 02 TO Cedar Hills Construction —3— DATE AMOUNT 09/01/79 $9,012.72 AHLERS. COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS. DES MOINES. IOWA PASSED AND APPROVED, thisday of �e���a ire✓ , 19—. Mayor ATTEST: Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEO MOINES. IOWA No. 02 UNITED STATES OF AMERICA STATE OF IOWA CITY OF* IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS $ 9,012.72 CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Cedar Hills Constructiobf Oxford, Iowa its successors or assigns, the sum o 9,012.72 wit 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 September 1 , 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 instrument to be executed by Clerk, with the seal of said of �cr�F 19]2, (SEAL) ATTEST: Jerk City of Iowa City has caused this its Mayor, and attested by its City affixed as of the I ;,"T day CITY OF IOWA CITY, IOWA Mayor This instrument presented and not paid for want of funds this ST- day of SFI'�INCf�,, , 19"l`i . I \ FINANCE DIRECS R AMLUH• COON[Y, DO9WLILEM. HAYN I IT • SMITH, L.AWYEll \, D[\ MOIN G, IOW A iaa(0 2ESOLUTION NO. 'q - 4A q RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING POSITIONS WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of four full time bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. 2. The addition of two part time (30 hours) bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. It was moved by Cie Ay0SSC? f and seconded by nee) LU) that the Resolution be adopted, and upon roll call there were:^ AYES: NAYS: ABSENT: ✓ Balmer y deProsse ✓ Erdahl ✓ Neuhauser Perret 1/ Roberts kl� Vevera Passed and approved this_JjZ±L _day of �pn�p, 6 v✓ 1979. Mayor ATTEST: City Clerk gg,Cg;� & DFPRCVF?'_ r, -- RESOLUTION NO. —SSS RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of one part time (30 hours) Maintenance Worker II position in the Transit Division in Range 4 of the Classified Pray Plan. It was moved by �(VOSSe and seconded by NoJLauspw that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ Balmer Roberts _ _tl� Vevera FF� Passed and approved this ��� day of�eotoo,�e✓ 1979. ayor ATTEST: City Clerk )aag RECEIVED t 1prRovn ET T LEGA.. DEPAItTi= 8k7%9 deProsse Erdahl Neuhauser Perret Roberts _ _tl� Vevera FF� Passed and approved this ��� day of�eotoo,�e✓ 1979. ayor ATTEST: City Clerk )aag RECEIVED t 1prRovn ET T LEGA.. DEPAItTi= 8k7%9 City of Iowa Citi MEMORANDUM Date: August 17, 1979 To: June Higdon, Personnel Specialist From: Hugh Mose, Transit Manager Re: New Transit Maintenance Worker Position June, this memo will confirm our conversation of Tuesday, August 7, at which time we discussed the need for reorganizing our Maintenance Worker - Transit positions. We currently have an Evening Service Crew consisting of three persons: one full-time MW II and two part -tine MW I's. This staff is responsible for the day-to-day servicing (washing and cleaning) of 20 buses, plus maintaining the bus barn office and garage in a clean and orderly fashion. At the present time they are hopelessly overworked. Therefore, it is requested that we be allowed to hire an additional part-time MW II. Without going into great detail, this additional position is needed for the following reasons: 1. During the summer months a three-person crew can keep up with the work reasonably well. However, during winter weather two part-time and one full-time employees cannot begin to cope with the overwhelming workload. This past winter the crew regularly worked well past their normal quitting time; the full-time MW II averaged practically 50 hours per week, and the part-time employees worked very close to 40 hours. Even with these extended hours there was a large amount of work that never got done. 2. Because the Evening Service Crew was so hopelessly overworked, we hired two temporary employees ostensibly for the duration of the winter. However, because so much work was deferred during the winter months, we have been playing catch-up ever since, and so we still have a temporary employee working with us. Because wewi11 soon be into the winter season again, it appears that we yig fieee oaht least one temporary employee on board continually 3. Having a crew consisting of only three individuals in itself generates all sorts of problems. For instance, because we are a six-day operation, and each employee is only scheduled to work five, three days of the week we only have two persons scheduled to work. Should one of the scheduled persons call in sick, or be on vacation, then we only have one service person, and this is simply inadequate. When this happens, we are forced to draft a driver to do clean-up work, and this practice is both unpopular and expensive. Because we have such a turnover in the jaa9 2 Transit Division, there is a certain percentage of the time that one of the Maintenance Worker positions is vacant. This only exacerbates the problem of understaffing and our inability to get the work done. 4. Because of rapidly increasing public demand for transit service, in another week we will expand our system to put more buses on the street. More buses on the street during the day means more buses to be cleaned at the bus barn at night. Over the past two and a half years our ridership has increased by almost 35%; the number of drivers has increased from 35 to 46; our Evening Service Crew has not expanded at all - in fact we are currently working fewer manhours than we were in 1977. Another factor that must not be overlooked is our continuing acquisition of bus shelters. These structures will require a certain amount of periodic maintenance which will certainly fall to the Transit Division. Without an increase in staff we will simply be unable to provide upkeep for these shelters. 5. Operating buses in the evening has thrust our MW II position into some responsibilities that were not envisioned when the position was created, namely overseeing the operation of six buses out on the street until 10:00 PM. At such times that the MW II is on his meal break, or his day off, or on vacation, the responsibility for the overall operation rests with a MW I, often to a person ill-equipped to deal with any emergency situation. It would be highly desirable to have a second MW II on board, so that when our Evening Service -Group leader is off duty, there is still a trained individual available to take responsibility should the need arise. June, the bottom line is that we need another MW II position. For the reasons listed above it is imperative that we acquire some additional manpower, someone who can fill 1n for our MW II when he is not working, and someone who can assist with the continually increasing workload. I think this need can best be filled with the hiring of an additional part-time Maintenance Worker II. I have attached a position request form. If you should need additional information, please contact me as soon as possible. Otherwise, take whatever steps are needed to expedite this matter. bj5/6-7 9.3el) R1.___UTION NO. 7 q- q :�F 9 RESOLUTION ACCEPTING PRELIMINARY PLAT' MCBRIDE ADDITICN, PARPS 3 AND 4 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for McBride Addition, Parts 3 and 4, 5-7919 be granted with the following conditions: none It was moved by SWi 1x60 and seconded by {,//2f -k, that the resolution as read be adopted and upon roll call there were: ui tail Passed and approved this _ day of rXej 197Y. MAYOR ATTEST: 41 CITY CLERK Received & Approved By The legal Department -7 r Zkti' /-.)-1l ALO Fd e. RESOLUTION NAMING DONALD KAUL AN HONORARY MEMBER OF THE PLANNING AND ZONING COMMISSION OF IOWA CITY, IOWA. RESOLUTION NO. 7q -4(o WHEREAS, the City of Iowa City has undertaken a major redevelopment project spanning the greater part of two decades; WHEREAS, progress has been unclearly defined and often stagnant; and WHEREAS, 0. T. Coffee has kept the public informed throughout the various stages from Yokohoma Flats, through the cow pens, girls basketball, and the leaning parking ramp, to the present stage of development; and WHEREAS, Donald Kaul has conscientiously and vigilantly cast aspersions upon the muddied waters keeping the public advised of not only the planning and construction, but of the sensitivity and responsiveness of the elected officials and downtown merchants as they worked together toward reconstruction culminating in this celebration today; NOW, THEREFORE, it is befitting on this joyous occasion that the City of Iowa City, Iowa, pay tribute to its adopted son by appointing Donald Kau], aka 0. T. Coffee, an honorary member of the Iowa City Planning and Zoning Commission, without voting privileges. It was moved by 77a,_�a and seconded by there ere: that the resolution as rea a adopted, and upon roll — AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this '2j ^ day of AeA22 end , 1979. / 7 ATTEST: CITY CLERK nl • 1 rl ;, yip f b 1 /• , • - , I1.77 RESOLUTION NO. -7q-46j RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION WHEREAS, The City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of one full time Technical Assistant position in lieu of a part time Technical Assistant position in the Department of Planning and Program Development Administration unit in Range 7 of the Classified Pay Plan. It was moved by &o a ) and seconded by �2&-e)- that the res 9 ution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer deProsse Erdahl Neuhauser Perret X Roberts _. Vevera Passed and approved this a,�r/kday of ) 1979. ATTEST: CITY CLERK i IG •dl �/�2�f,C� MAYOR 11'OL'IVM 11PPROVED EY TEE LEGAL DEPARTMENT I'Q 33 (4i4a_�41 RESOLUTION NO. 79-4(,� A RESOLUTION FOR THE ESTABLISHMENT OF A MULTI-PURPOSE SENIOR CENTER FUND FOR THE MANAGEMENT OF GIFTS AND MEMORIALS TO THE MULTI-PURPOSE SENIOR CENTER. WHEREAS, the City Council of Iowa City deems it in the public interest to promote the development of a Multi -Purpose Senior Center; and WHEREAS, the City Council duly authorized the Senior Center Commission to promote and protect the interests of senior citizens in the community; and WHEREAS, the City Council wishes to establish a fund to receive private donations and memorials from citizens of Iowa City, Johnson County and other persons, said funds to be used to develop the Multi -Purpose Senior Center, programs and services; and WHEREAS, the City Council deems it in the public interest to authorize the Senior Center Commission to manage and direct said fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, IOWA CITY, IOWA: 1. That there is hereby established in the City of Iowa City, a "MULTI- PURPOSE SENIOR CENTER FUND." 2. That said fund shall be used to develop the Multi -Purpose Senior Center, programs and services. 3. That the SENIOR CENTER COMMISSION" is hereby authorized to manage the "Multi -Purpose Senior Center Fund," and to receive and administer gifts and bequests made to the Senior Center including conditional gifts and bequests, as provided by Iowa law. 4. That a majority of the Commission shall approve an expenditure; and further, funds may be spent as necessary by the Commission for expenses directly related to the securing of contributions to the Fund. 5. That the Finance Department of the City of Iowa City is hereby authorized to establish the Fund herein and shall receive any monies deposited to the said Fund, shall keep an accounting of the same; and shall invest the monies in the Fund as the Finance Department deems appropriate. 6. The City Council shall approve all projects, programs and purposes of expenditures prior to the expenditure of the funds by the Commission if such expenditure will require the City to obligate any City funds for such purposes , projects and programs at any time. 7. That the "Multi -Purpose Senior Center Fund" shall stand dissolved in the event of a decision to discontinue the Senior Center, or a c Resolution No. Page 2 decision is made to replace or abolish the Senior Center Commission. All monies in the Fund first will be used to help clear any remaining liabilities. The City Council may then obligate any remaining monies for such purposes it deems will appropriately serve the best interests of Senior Citizens. It was moved byand seconded by that the resolution as r adr ad b�, and upon roll call there were: AYES: NAYS: ABSENT: _fX Balmer —) deProsse :A Erdahl _' Neuhauser A Perret X Roberts X Vevera Passed and approved this ;�iA- day of 1979. ATTEST: (2 ��q �7� � &,., - CITY CLERK MAYOR RY('FIIry^ & LYF?i�TJPll FYI a LZ(,Ai .'J1'nI-'rVZNT 4 4� RESOLUTION NO. 7 _q_6 -j RESOLUTION ACCEPTING THE WORK WHEREAS, the Engineering Department has recommended that the im- provement covering the G(-rvjre Rnj1ding Modular Rmf Repair Project, Phase 2 as included in a contract between the City of Iowa City and D. C. Taylor Carman of Cedar Raoi c. Tcma dated June 13, 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 ) and seconded by as de) that the resolution as read e adopted, and upon roll call sere were: AYES: NAYS: ABSENT: AATMRR L/ 575—MMS5. ERDAHL NEUHAUSER ,/ PEP= / RDBEKPS �i VEVERA LI/ Passed and approved this day of �Nla yor ATTEST: , � ,,� City Clerk Received & Approved By T e Legal Department ` S (7- Zd- la 3(0 RESOLUTION NO. 7q-qje RESOLUTION ACCEPTING SANITARY SEWER VILLAGE GREEN PART 10 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, Sanitary sewer for Village Green, Part 10, as constructed by Weber Brothers Construction Co., Mechanicsville, Ia. AMID WHEREAS, Maintenance Bonds for Weber Bros. Const. Co. are on file in the City Clerk's office, NOW 'ISlER MME 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 > and seconded by ett JL2 icac2J that the Resolution as r tombe accepted, and upon roll cal e were: AYES: NAYS: ABSENT: Balmer t/ deProsse Erdahl Neuhauser Perret Roberts Vevera ,/ Passed and approved this 25th day of September , 1979 Mayor City Clerk Received $ Approved By The Legal Department CITY OF CIVIC CENTER- 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.18030 ENGINEER'S REPORT September 17, 1979 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 the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Village Green, Part 10, as constructed by Weeber Brothers Construction Company of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eu(ne A. Dietz, P.E. City Engineer bdw1/1 1;)3g RESOLUTION NO. 79-465 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: T. I. Investments, Inc. dba Godfather's Pizza, 531 Highway 1 West Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The Cit yy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer .deProsse Erdahl Neuhauser Perret Roberts Vevera and seconded by c��,2✓ as read be adopted, and upon roll call Passed and approved this Attest:�� City Clerk AYES: NAYS: ABSENT: y ✓ 2nd day of October , 19 79 . A fil. Mayor ia39 RESOLUTION NO. 79-466 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Dale E. Watt dba Watt's Food Market, 1603 Muscatine Avenue Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Q�X and seconded by f that the Resolution as read be adopted, and upon rol call there were: Passed and approved this 2nd day of October �K,�2 MaYor Attest: City Clerk , 19 79 /-? -YO AYES: NAYS: ABSENT: Balmer deProsse i Erdahl. Neuhauser Perret Roberts Vevera Passed and approved this 2nd day of October �K,�2 MaYor Attest: City Clerk , 19 79 /-? -YO RESOLUTION NO. 79-467 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Kenneth R. O'Donnell dha/ Lamplighter II ;it _ 1310 Highland Ct, has surrendered Liquor License B LC -11818 to the Iowa State Beer r, Liquor Control Department, and has received the State share of 3S% of two quarters of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 6S% of two quarters of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 422.50 , payable to Kenneth R. O'Donnell for refund of portion of Liquor License s LC -11818 It was moved by _ Pd4_Q.e and seconded by6 6 that the Resolution ;is read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: / Balmer deProsse Erdahl ✓ Neuhauser ✓ Ferret i Roberts ✓ Vevera Passed and approved this vnl day of ATTEST: City Clerk October , 19 79, Mayor 137,/ �.. � Y dor RESOLUTION NO. 79- 1 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLICT= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve�Tor the following named person or persons at the following described location: Baum & Rice, Ltd. dba Jay & Al's Club Car Lounge, 122 Wright Street ..� Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by i, and seconded by EL4�, that the Resolution aa rea a adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer / deProsae Erdahl 1= Neuhauser Perret Roberts Vevera Passed and approved this hd day of 197_. e&/'I Mayor Attest: "' .` City Clerk i a �Zlz-, RESOLUTION NO. 79-469 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: Sinclair Marketing, Highway 1 North, R. R. 2 It was moved by I and seconded by 0 that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer / deProsse Erdahl Neuhauser / Perret / Roberts Vevera r� Passed and approved this 2nd day of October 19 79 Mayor Attest: City Clerk ) ;n /a ''/3 RESOLUTION NO. 79-470 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Quik Trip Corporation dba Quik Trip 11503, 123 West Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by /,Z,2,) "P and seconded by F�.���� that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: r/ / Passed and approved this 2nd day of October, , 19 79 Mayor Attest: City Clerk /a 0 �z RESOLUTION N0. 79-471 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NEiGHBORHQQD SITE IMPROVEMENTS - SIDEWALK_EPAIR PROJECT_ DIRECPING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND UIItECT- 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 9thday of October , 19_Z9 , 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. ]. 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 %;+q LeP and seconded by that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this r�nd_ day of S&I'elo 197_. /,/ /J Mayor ATTEST �_�// f! City C1eFk RElFI7Fu� b 4Fr`Rr;Q]p Fx 'I LMIL D.L-AI^.IeiT 443 RESOLUTION NO. 79-472 RESOLUTION APPROVING RRKKXMXNARX AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR COURT HILL -SCOTT BOULEVARD, PART VII WHEREAS, the owner, Plum Grove Acres, Inc. , has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Corumencing at the Southeast corner of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00 degrees, 02'19"E, 1673.37 feet along the centerline of Scott Boulevard; :hence S 89 degrees 16'23"W, 50.00 feet to the Point of Beginning; Thence S 89degrees 16'23"W, 320.00 feet along the Northerly line of Court Hill -Scott Boulevard :Addition, Part VI, Iowa City, Iowa; Thence N56 degrees 53'56"W, 109.42 feet along said Northerly line of Part VI; Thence N 43degrees 45'00"W, 332.00 feet along said Northerly line of Part VI to the Southeasterly corner of Lot 279 Oakwoods Addition Part 6, Iowa City, Iowa; Thence NO1 degrees 17'50"E, 361.17 feet along the Easterly line of said Part 6 to the Northeast corner of Lot 274 of said Part 6; Thence S89 degrees 56'07"E, 123.60 feet along the Southerly line of Lot 243 of said Part 6 to a point on the Westerly Right -of -Way line of Oberlin Street; Thence N77 degrees 51'23"E, 51.05 feet to the Southwest Corner of Lot 242 of said Part 6; Thence S89 degrees 27'17"E, 130.00 feet along the Southerly line of said Lot 242 to the Southeast cor er of said Lot 242; Thence N00 degrees 30'17" W, 21.60 feet along the East line of said Part 6; Thence S89 degrees 57'41"E, 202.44 feet; Thence S45 degrees 21'42`E, 109.19 feet; Thence S89 degrees 57'41"E 50.00 feet; Thence SOO degrees 02119"w 610.66 feet to the point of beginning. Said tract of land containing 8.78 acres. 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 residential development and have approved the same; and, WHEREAS, the said large scale 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. I WHEREAS, said large scale residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. /';z 5zl� Resolution No. 79-472 Page 2 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 residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale 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 a,tkl day of 192 It was moved by and seconded by that the Resolution as read e adopted, and upon ro ca t ere were: AYES: NAYS: ABSENT: —L ATTEST: & CITY CLERK BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MAYOR Recelved & AApppprroved Byy PP-;tL-galhP-%rrn,en /,-,)-/7 RESOLUTION ,79-473 .qA EREAS, the owner and proprietor, PLUM GROVE ACMES, INC. has filed with the City Clerk the plat and subdivision of the following described property located in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of Section 12, Township 79 North, ,range 6 West of the r'ifth Principal Heridian; Thence NOO degrees, 02'19"E, 1673.37 feet along the centerline of Scott Boulevard; Thence S 39 degrees 16123"V], 50.00 feet to the Point of 3eginning; Thence S 89dogrees 16'23"W,320.00 feet along the Northerly line of Court Hill - Scott Boulevard Addition, Part VI, Iowa City, Iowa; Thence N56 degrees 53'56"W, 109.42 feet along said Northerly line of Part VI; Thence N 43degrees 45'00"W, 332.00 feet along said Northerly line of mart VI to the Southeasterly corner of Lot 279 Oakwoods Addition Part 6, Iowa City, Iowa; Thence NO1 degrees 17150"E, 361.17 feet along the Easterly line of said Part 6 to the northeast corner of Lot 274 of said Part 6; Thence S89 degrees 56'07"E, 123.60 feet along the Southerly line of Lot 243 of said Part 6 to a point on the Westerly night -of -Way line of Oberlin Street; Thence 477 degrees 51123"E, 51.05 feet to the Southwest Corner of Lot 242 of said Part 6; Thence S89 degrees 27'17"E, 130.00 feet along the Southerly line of said Lot 242 to the Southeast corner of said Lot 242; Thence N00 degrees 30'17" W, 21.60 feet along the East line of said Part 6; :Whence S89 degrees 57141"E, 202.44 feet; Thence S45 degrees 21'42"E, 109.19 feet; Thence S09 degrees 57141"I: 50.00 feet; Thence S00•degrees 02'19"W 610.66 feet to the point of beginning. Said tract of land containing 8.78 acres. MIEREAS, said property is owned by the above named corporation and the dedication has been made with the free consent and in accordance with the desire of the proprietor. OHEP,EAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was 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. BE IT FURTIiER 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. 13ALMER Aye Nay dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Aye V/ Aye v Aye Aye ✓ Ave ✓ Aye / Nay Nay Nay Nay Nay Absent Absent Absent Absent Absent Absent Nay Absent /_7 Z/9 Passed and approved this ,x,4, day of ? �� 1979. WYyor ATTEST City Clerk t Xx i��E•Cf,I�♦�. terra,,._. „4jG ,IyJ'Ci-W r •� � RESOLUTION NO. 79-474 RESOLUTION APPROVING AMENDED FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR SOUTHWAY PARK WHEREAS, the owner, Iow w e has filed with the City Clerk of Iowa ty, owa, an app cat on or approval for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Lot 3, Auditors Plat Number 32, Johnson County, Iowa. As recorded in Book 16, Page 79 in the Johnson County Recorder's Office, Iowa City, Iowa. Said Lot 3 containing 5.89 acres. (Southway Park, Merlin Hamm) WHEREAS, said property is owned by the above-named party and dedications 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. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. RECEIM 3 3YPROM BY THF LEGAL DEPARTUM �a56 -- __ Resolution No. 79-474 Page 2 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 .'� day of , 191. It was moved by p,,, o^ and seconded by that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MAYOR ATTEST: L CITY CLERK is �5_ / RESOLUTION NO. 79-475 —moo L lCPcnJd- / RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH JOHNSON COUNTY AND A BETTER CAB COMPANY TO PROVIDE SUBSIDIZED CAB SERVICE. WHEREAS, the City of Iowa City has provided transportation to the elderly and handicapped residents of Iowa City through the SEATS program and WHEREAS, some transportation needs of the elderly may more efficiently be served by taxi service, and WHEREAS, it is in the public interest for the City of Iowa City to assist its residents in meeting these needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Johnson County and A Better Cab Company to provide subsidized cab service for its elderly and handicapped residents. It was moved by " y.a- and seconded b the Resolution be adopted, and upon roll call there w r AYES: NAYS: ABSENT: _ Balmer B0u�ls.� deProsse —_ Erdahl �,- OCT -„ , � 3: 47 Neuhauser Qai'4- ✓ Perret tC�r.Luu Roberts JOHNSON Cu.. I' Vevera Passed and approved this MAYOR ATTEST: CITY CLERK CORPORATE SEAL i?I1CP;lYFU BY M LEGAL BIVJ i P4-: P 205 l od/-�— AGREEMENT This agreement is made and entered into on the _� day of , 1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City", Johnson County, and A Better Cab Company. I. SCOPE OF SERVICES A Better Cab Co. would provide transportation for handicapped and elderly residents of Iowa City. II. GENERAL TERMS 1. The home origin 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 Better 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 206 a'" -2 - automobile or public transit. The spouses accompanying eligible persons will also be eligible to obtain rides. 4. At present, SEATS service operates approximately 64 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, enployment, 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. Q: :N III. COMPENSATION 1. Each eligible participant shall pay A Better Cab Co. Y $0.50 for each trip and the City shall subsidize the ai r.. remaining cost of the trip. The determination of the total trip cost shall be based on the current fare structure of taxi companies -- $1.45 for the first mile and $.50 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 origin '_•- and destination of each trip shall be provided by the taxi 40 company. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. 2 ;;::} 3. Funding of $300 per month shall be allocated by the City for this project. Of this amount, no more than $25.00 per month shall be paid to Johnson County for the services of the dispatcher; the remainder shall be used exclusively for fare subsidies pursuant to this agreement. 4. None of these funds shall be allocated for advertising or public relations. IV. INDEMNIFICATION A Better 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 A Better Cab Co. shall not assign, sublet or transfer its interest in this agreement without the written consent of the I City and such assignment shall be void. VI. DISCRIMINATION A Better 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. -4 - VII. AFFIRMATIVE ACTION 1. A Better Cab Co. agrees to implement an affirmative action program during the period of this Agreement which shall be monitored and approved by Ms. 2ukrowski, Civil Rights Specialist of Iowa City. 2. A Better Cab Co. shall maintain written qualifications which are job related for each job classification. 3. A Better 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. A Better Cab Co. will advertise in the Iowa City Press - Citizen and the Daily Iowan 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 A Better Cab Co. is an "Equal Opportunity Employer." VIII. DURATION This program shall be in effect from October 1, 1979 to June 30, 1980. Upon agreement of the parties, the terms of this program may be extended an additional thirty (30) days, pending negotiations for renewal. However, this agreement may be terminated upon 10 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. -5- X. This agreement represents the entire agreement between the City of Iowa City, Johnson County and A Better Cab Co. for the provision of subsidized cab service. It may be amended only by written instrument signed by all parties. A BETTER CAB COMPANY By: President ATTEST:.-�-/,: N0TA,�39,a.L cc%EA4 CITY OF IOWA CITY, IOWA JOHNSON CO NT`Y, IOWA By: Chaff erson Board of Supervisor ATTEST: C On ty7-Aulditor CORPORATE SEAL, by ' r� y ; •_ .. _ ►. . 476 RESOLUTION 79- nous • [eurtn p.. M.,.re. P is Form 653-C (Revhed 1077) - AMENDMENT OF CURRENT CITY BUDGET -NOTICE Iowa City - -...in Johnson --------- _----------.County, Tha-Council of the City of ........................... . PM (name(s) of county or counties) Io'' will meet at .. -Council Chambers, Civic Centel 7:30 ... en---------------Septernber 25,------------ a '� . _ 19 --- 79..., _• (place of meeting) (hour) (date) 1 T r'the pufpose of amending the current budget of the city for the fiscal year ending June 30, 198.0...., by ".' chan ing,estimates of revenue and expenditure appropriations in the following funds and programs and for the following reasons: gee Attached Reason: ------- ----------- ---- ----- --------------------- - -- ---- ----- ------------------ PROGRAM TOTALS FROM 14 TO: 15 --- ­-------------- Reason:. --- Community Protection FUND. ............ ............... .... ...... ............................. . As Certified or Amount of Last Amended on Change Amended To: FUND ......... ...... .......... .................................. .... As Certified or Amount of Last Amended on Change Amend 1. Total Beginning Cash Balance 2. Non -Property Tax Income 3. State -Shared Revenue 4. Property Tax Asking 5. Total Resources 6. Less, I-Vorking Balance (Reserve) 7. Net Resources for Expenditures 8. Total Requirements 9. Community Protection 10. Human Development 11. Home & Community Environment 12. Policy and Administration 13. Total Expenditures Reason: ------- ----------- ---- ----- --------------------- - -- ---- ----- ------------------ PROGRAM TOTALS FROM 14 TO: 15 --- ­-------------- Reason:. --- Community Protection Human Development I1:ome & Community Environment Policy and Administration There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase i expenditures set out above will be met from the increased non -property tax revenues and cash balances ne budgeted or considered in this current budget. This will provide for a balanced budget. S/- C,C�I�`f ---- ------- Cit Clerk Note: Explain the source of any additional monies and the reason for the need to increase or decrease appropriation If amendment includes change in appropriation for more than two funds, use additional fund boxes for inforrm tion required within the bold lines. Instructions: Publish only the specific funds amended. The above form of notice may be one column wide an may include one or more funds. It must be published not less than four (4) days nor more than twenty (20 days before the hearing, provided that, in cities of less than 200 population and in such cities only, such notic may be posted in three public places. After the public heating the council shall adopt by resolutions the amens ment as finally determined which action shall be made a matter of record. For detailed information, see Chapte 384, division II, Code of Iowa. Certification of Publication I hereby certify thatthe above notice was published jigosted in three publia plao y tis-entahliFhecl�ly-ert4intttlee)-its.-u�-t�.1 �.7/�!n/dJ"(%t�H-%.------on - - a '-- -............... 1979. ( ame of newspaper) ^f f Clty erk --77 �01 .J•ss 04'► CITY BUDGET AMENDMENT AND CERTIFICATIRESOLZON To the Auditor of..._._.._.-... Johnson County, Iowa, and to the State Comptroller: The Council of the City of. Iowa..Ci-ty- in said county (counties) met on September 25, 19 79, at the lace and hour set in the notice, a co ----------- P PY of which accom- panies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was con- sidered 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 consideration to the proposed amendment (a) to the budget and modifications proposed at the hearing, if any*. Thereupon, the following resolution was introduced: on October 2, 1979. RESOLUTION NO. .%i'!f7�...- (P� ,, fRFJ{Q,,IJ.T A�N�y�(XXXXXXX XXXXXXXXXXTHE CURRENT XXXXXFOR THE X�XXX� FISCAL YEAR ENDING JUNE 30, 1980 , Be It Resolved by the Council of the City of .. - - .Lowa - City Iowa: Section 1. Following notice published September 20 ..._ 19 79, and the public hearing held Ass' Section 19 79, the current budget (as previously amended) is amended as .. set out herein. r Reason:. PROGRAM TOTALS FROM 14 TO: 15 Reason Community Protection FUND...... .......... ..... _.. _ _.._ ..__..._..._. _ FUND..._ ... ...... _._..... ... ........ ............ _.- ..... -.._............ As Certified or Amount of As Certified or Amount of Last Amended on Change Amended To: Last Amended on Change Amended To: 1. Total Beginning Cash Balance I Policy I Administration and 2. Non -Property Tax Income 9. State -Shared Revenue 4. Property Tax Asking SEE ITACHED 5. Total Resources s. Less, Working Balance (Reserve) 7. Net Resources for Expenditures a. Total Requirements a. Community Protection 10. Human Development 11. Home & Community Environment 12. Policy and Administration 18. Total Expenditures r Reason:. PROGRAM TOTALS FROM 14 TO: 15 Reason Community Protection Human Development Home & Community Environment I Policy I Administration and Passed this __ 2nd.... day of......... Or_tober...._. 19.79 S/ Mayor Attest: Vote (list by names) : Ayes-Vevera, Balmer, DeProsse, Erdahl, Neutiauser, Ferret, Ruberts ......... - -- Nays:.--_..... - -' City Cler - � , I hereby certify the above transactions to be a true copy of the proceedings of the city council and the resolu- tions passed in the above matter. ---------� ........ _._ '19- S/ --- l. .--CkU'--- City Cler *Anoversll increase in th get or a major change in the proposed ..—isfers between programs overall will require • =w notice and hear: AMENDMENT OF CURRENT CITY BUDGET 1 N O T 1 C It 1JYtiA IT`I In .... 1 AJ.O Nu County, The Council of the C tar of X110 E U,IDslTE �rr� T• 30 4-0) .i rty e. uunika $ep`!,, ptr A5 _ 1919. , Iowa.will meet Al �1IV IG C��D'[E(L .. _. !t (e1.er r1 n.Og) Iburl I _. IYuI 80, by fm the pu,l.at of .mending the current budget of the lily for 41,e flecd year endh,g June 30. 19 of revenue and emmnditu,. Approtrlatlo,u In Fhe following fund! bed pegnre and (W rh.ndnf estimate. the following raronc Cc OE&T JE Ru10E ruwD CAPITAL f�7 20JECTS "No SPEciAl REVEVuF NXD (jG,VE MGWelple Ar.nl RAL ... _. _ NND Mc rYrMy A.awH1 .f A. T. Glance A. C.rWbd or W Amundoer AM., V.I AneNNr Clwne. A..NN T: WA.Kdr A...,a Mnn A.rard T: W A,.rdN- Chrn A,rM.d T.: WAa,rwd.lr 32 9 _ a 31 4g�571 117 54 141 58 55 7 d Tnul_gr'u•n . t;a@% "Unce 0 BO 41 317 I ob 3 316 4135 3 03 - o o ,831 L, 57 94 0 0' 1 3363 735 i, 54G, o0 577. Ss_1 I, 86155 Xw. rr...rtj Tulles= 7q 169 70 51 G4 I 55 3 - 554 S87 Pre"',T.�Al.rl----- I.]_�Y! 69 100 — o 851 - 95d BS 501 4L3 3,991,94y1 la.`i3d� dt5, 144,556 3. f1o,13 17641 4 7481 gnat lley.rew 1D,31B,�6q d}7,653 to 0091 7 ,�8 - 370159 337 ISS d131B, i5y 7,559 1,450.69 HS'J `:r 36 Ob.9 ,,.,."Al., g.l.y.(Rare...) 1 914 ! 91�Lb151d 30,651 1,347 56 c.r, q, 135 r 361 Sol ,bo9,ol6 X17, WP �_,� to, 513, 694 13 1701.14E 7;3, G13L_ -4.7154 1W -M,- o I $ �'rl Xr...rt.. Ir C fe.YNry 3190336. 3,315,363 454 13 _ 4s94i3 5 9`!0 3 w6,c69 lo, 36y57 9 84J ill yifo110 d, Y13 A,93 159 ,bw». c..wnnu� c..ln,,..x 2�W_9 394 53 7 4 97 19 5 1507 1,609016, Bf, 165 4 I4 .6-1 48S 7 !N3 1 I 4011,813 I•.IIre.Y Adnlnktnllr n -If aIG,513 197, oP�9.q 13514 6347501 361^�50_"_"L6oL06 IOf 573, 694 13, 12oi16G 3.673, 86831d54i 955,1oq rn.l M1y+.lu.r.. —..__ --- SPECIAL ASIS SSMEl1T� rDXo TRUSTA.f AfiE UCni IUND EAJrFRPRISE M CerIXWr tar UO yUh, ama Aa10Ny Amount-1A.reaNT Anww4d T: WA,wrwMr Chrgr A. CrrO rd w, A. w.1 .f IAN Anr.d".n Chen A-.dNT- WAw.INr canntd CNnn - 117 551 d 1964 144, 593 7.1. brei ax_ g.b„ee --- 3, US, ?� I, %o, 411 4595, 644 - - 4,86739 dO loo - do 0e 106,628 to WB X.n..ra.n/T..I.!!.,_. 4.867 393 - _ _ 5_96,321 Newly 9'11.512 x1,964 - _ 849 -- 8, Io5,_sz�._ 1, 360, 4�1 q�939 0100 ' 10 T,.I Xen.,r.. ..... Xwz'rk... l■�...e, .401-831 130 469 d 991318 - oo`� 20560 4Pr 4 _— 1 44 9 - 877.513 8 7 517 47 631 0 06 _ ...x.....=..pr L59 D7 - 536 318- i 1 a - �� 055 - 6oq 055 r.,nn.an l•,a.nLp_ ---- -- ,l q 61 - q4 6y7 '(�k10+41.1_ 3 5go y,334, 161 d0 I 5oe 4D�b� t,. 311 o..._Ac...."v n.l,.n.rt_ - 145, 4 3 45 4Ji rdkL.wa a!— - __--_ 5,831,693 - 41,14 4.467.631 201100 ,500 01640 711 512. - 81 511 -- T. 1r.. lt.rr t—,r..nWil� TOTAL/ II yh.lylbw- Mwb.,nrnt �Enrlrrnm _ Abn,wktntbw l I y T yn11? �.��en 011 V(ei Ileaeon: ..lo_. ppee [ 1 �T IJI�(111 L1 C!1 r- 1C.. rXDDX IN 2,11f. 351 19r9a3,729 4.3511943 uneneumbeyed.. cash holla9lees and unan�+c�P�fed rgON ,o: I, `4637,5gG „ 5�I73,9A4 5 307, 344 90 697, 044 4,93$777 �� P}S There will be no h,crlue In tax levies to be paid in the current find year named abeve. Any inert!- In from the lecraned non-properly tax -venues and ca.h balances na oulwndilurn -t out al.we will be mel budl.•h.l .n ry nnidrmd In thin current budget. Thin will r.,I& f1,.. babne budget. S, Qe4,e'_ ' ut/ _ t Cit/ CI b RESOLUTION NO. 79-477 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF ALLEY IMPROVEMENT PROJECT - Blk. 28 & 29 O.T. WHEREAS, Metro Pavers of Iowa City 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 of Iowa City in the amount of $23,808.41. , 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 byand seconded byi /iy��aioJ that the Resolution as read be adopted, and upon roll call there were? - AYES: NAYS: V y ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved thin 2nd day of October , 19 79 MAYOR ATTEST: CITY CLERI Received & Approved By The Legal Departm-nt �a S RESOLUTION NO. 79-478 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CURB RAMP PROGRAM - 1979 WHEREAS, Streb Construction 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 Streb Construction of Iowa City. Iowa, in the amount of 148-423-60 , 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: PERRET RDBERTS VEVERA Passed and approved this 2nd day of October , 19 79 YOR ATTEST CITY CLERK Received & Approved By The Legal Deparfm�nt DEPROSSE ERD AHL NEUHAUSER PERRET RDBERTS VEVERA Passed and approved this 2nd day of October , 19 79 YOR ATTEST CITY CLERK Received & Approved By The Legal Deparfm�nt /o:oo A.M. Or-m8E4. Z,1979 NAME OF BIDDER r - nn CERTIFIED CHECK (C.C)or- BID BoNo(g.e, s3 �� g ✓ 3 $ TEM QUANTITY DESCRIPTION UNIT EXTENDED AMOINTPR,AMOUNT UNIT EXTENDED UNIT PR, EXTENDED AMOUNT UNIT PR. EXTENDED AmniFNT UNIT PR- EXTF.NOED AMOUNT i �. 183 /83 CURBZAMP P?C,C. C, D. a 0 J fi(os 9 Sao, 195 Z. 9 D0U SCUP k4MP oZ% 02. 7SyysF. StoVWA C.C. 15 e — I Ifl 1-V3. / 6 51 /5, lid . Z7r zt x,& I TOTAL BID RESOLUTION N0. 79-479 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD SITE IMPROVEMENTS - ASPHALT OVERLAY WHEREAS, L. L. Pellinq 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 L. L. Pellinq Company of Iowa City, Iowa, in the amount of $28,738.95 , 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 �/ /�»c1�/ and seconded by that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ BALMER ✓ DEPROSSE ERDAHL NEUHAUSER PERRET ✓ ROBERTS VEVERA Passed and approved this 2nd day of OctohPr 19 12 MAYOR l ATTEST: �J CITY CLERK Received & Approved By The Legal Department RESOLUTION N04 79-480, RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION AND DELETING A POSITION WHEREAS, The City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 budget included in Resolu- tion No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of one full-time Sergeant position in the Police Department, 2. The deletion of one full-time Police Officer position in the Police Department. I It was moved by -_L : 4 (. and seconded by (3CLQirn.Fi�J that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer deProsse _ v Erdahl ✓ Neuhauser _ v Perret ✓ Roberts v Vevera Passed and approved this,2?jtL day of ��LJ 1979. MAYOR ATTEST&4- CITY CLERK RFCEI9F�� b AFPRO'JED PY 2EL LMAL DEPBHTYEHT ia:�z RESOLUTION NO. 79-481 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 1979 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 P,^9 ielJ and seconded by that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer v deProsse Erdahl Neuhauser Perret Roberts ✓ Vevera Passed and approved this 3 cea'day of j�Q�%r��/1979. ATTEST: %� ar.,2J MAYOR CITY CLERK V RECF.I7Y� S 6F :?'"f➢ AY SRR IXGAL Li:I AR.7. NT JOINT r\-_2E2C BETWEEN IWA CITY LIMRMw WARD OF TRUSTEES AND CITY COWCIL OF IOVA CITY To COORDIIQAI'E NEGOTIATING PROCEDURES FOR PURPOSES OF COI _E=VE BARCAININIG. _ .. An agreement mr de and entered into this xj day of 1979, by and between the City Council of Ia�a City, Iowa, an }z poarc7 of Trustees of the Iowa City Public Library, Iowa City, Iowa. wf{R'AS, the Public F]rploynent Relations Board has recognized that Lihrary Boards are the errployers of Library erployees within the meaning of Chapter 20 of the 1971 Code of Iowa, and MEREAS, this same Chapter 20 permits cooperation and coordination of bar- gaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both bodies gives the Iowa City Council's financial responsibilities and the Iona City Library Board's administrative responsibilities for library service in Iowa City, and htiERFAS, procedures are necessary to make this 000rdination effective. 1. Both bodies will bargain in coordination with the duly appointed representatives of their respective enployee organiza- tions. 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 negotiat: 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 Hoard of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. S. Subsequent to any negotiated contract the Library Director will be represented on any grievance ccmnittee formed as a condition of that contract. i 6. This agreerrest shall cover the period from date of adoption thru the period of any contract covering library enployees which may be negotiated for the period beginning July 1, 1980. - IDfNT, Iowa y of Library Trustees Da —lo 4 Date' u RESOLUTION NO. 79-482 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIh OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved byd,Dmo and seconded by that the Resolution as read be adopted, and upon roll all there were: AYES: NAYS: Balmer y deProsse v Erdahl Neuhauser V, Perret Roberts v Vevera ABSENT: Passed and approved this qday of/pjf��, 19fly . Attest: _ City Cle k Mayor RESOLUTION NO. 79-483 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that•a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by and seconded by %IOL%O/�d� ' that the Resolution as read �b`e—adopted, and upon ro`1y call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret ✓ Roberts Vevera ✓ Passed and approved this day of OzzWpA , 19_�_, Mayor 7 Attest: City Clerk iaLG RESOLUTION NO. 79-484 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF STnFWA1K RFPATR PRf1GRAM,r NEIGHBORHOOD SITE IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIRING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plana, 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 $6,500.00 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 bide 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 Tn:nn A_M_ on the 23rd day of October 19_D Thereafter, the bids will be opened by the, and thereupon referred to the Council of ths City of Iowa Ci y, 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 23rd day of October , 19—Z2_• Received & Approved By The Legal Department /Q-� /tea 7 Page 2 Resolution No. 79-494 It was moved by Roberts and seconded by Perret that the Resolution as rea eta o� pte3, and upon roll ca t ere were: AYES: NAYS: ABSENT: x_ Balmer R deProsse % Erdahl % Neuhauser X Perret % Roberts % Vevera Passed and approved this 941 day of /jJ�f,/,o„) , 19 P9. �a- MAY OR ATTEST: CITE. CLERK RESOLUTION NO. 79-485 RESOLUTION ACCEPTING STORM SEWER AND PAVING VILLAGE GREEN SOUTH PART 2 WHEREAS, the Engineering Departrnent has certified that the following bcprovenents have been completed in accordance with plans and specifications of the City of Iowa City, Storm sewer work done by Knowling Bros. Construction Co. of Iowa City, Iowa, in Village Green South Part 2. Paving work done by Metro Pavers Inc., of Iowa City, Iowa, in Village Green South Part 2. Metro Pavers and AND WHEREAS, Maintenance Bonds for Knowling Bros. are on file in the City Clerk's Office, NOW FORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvcanents be accepted by the City of Iowa City. It was moved by merand seconded by d e P r o s s e that the Resolution as read be accepted, and upon roll call there were: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this AYES: NAYS: ABSENT: Ki 9th day of October , 19 79 . Mayor ATTEST: d1L City C erk Received & Apprev,�d By The Legal Department I, - PUB_. IMPROVEMENT MAINTENANCL BOND FOR THF 61AINTENANCE OF �irinflf C�u CIS C 5 UfiC4C �rC$Cltt4: That Metro Pavers, Inc. of Iowa City, Iowa as Principal, and the Merchants Mutual Bonding Company of Des Moines, Iowa and firmly bound unto the City of .Iowa City, Iowa #386,944 as Surety, are held , in the penal sum of ONE HUNDRED THREE THOUSAND SEVEN HUNDRED SIXTY NINE AND 88/100--------------------- ------------------------------------------------------ ($ 103,769.88---i DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 18th day of September A.D. 19 79. Whereas, the said Principal entered into a certain contract, dated the 18th day of September , 19 79, with the Village Green South, , to furnish all the material and labor necessary for the construction of Inc. approximately'8382.99 square yards of 7" PCC pavement, approximately 5153 lineal feet of 6" curb, 7-R83 intakes, 1-R85 intake in Village Green Part II, Iowa City, Iowa in the Ci ty of Iowa Ci ty , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 'five (5) years from the date of -acceptance of the work under said contract; and Whereas, the said Merchants Mutual Bonding Company of Des Moines, Iowa for a valuable consideration, has agreed to join with Said Principal in such bond or guarantee, indemnifying said City of Iowa City its aforesaid; Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of five (5) years from the date of acceptance of' the work under said con- tract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. METRO PAVERS, INC. •-------------------------- Principal Approved --------------------------,19---- B By ------- ME CHANTS MUTUAL BONDING COMPANY ------------------------ - Surety City Solicitor. By �=- -- - - - -------- t orney-in-Fa x.2642 MERCHAI..S MUTUAL BONDII., COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All hien By These Presents, that the mi wiik%i� sitri t m. ausnrvo coxa•+sy. it corporation duly organimd under the laws of the State of Iowa, and haying its pnncipil office in the City nr Dc% Moines, Counly of Polk. Scute of Inwu, hath made, constituted and appoanicd, and Juts by these prescnts make, constitute and appoint INDIVIDUALLY C. B. Condon, G.A. LaMair II, Carl J. (rant Jr., James E. Thocriscrl, James P. Norris, F. Melvyn Hrubetz of Des and State of Icwa its rur:md lawful Attnrney-inFact. with full power and audlont hero} con1cmd to its name, place and tread, to sign, execute, acknowledge and deliver in iii behalf us surety: Any or all bonds or undertakings, Drovided that no bond or undertaking executed under this authority shall exceed in amount the sum of CNE 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 hood or undertaking wms signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Anomcy, pursuant to the authority herein given, are hereby ratified and confirmed. Trus Powcr-of-Attorney is made and executed pursuant to and by authority of the following By-Luw adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE ]. SECTION SA. --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, mcogniances• contracts of Indemnity amt other writings obligatory in the nature thereof." In Witness Wher r. MERCHANTS MUTUAL BONDING COMPANY has caused these present. to he signed by its President and V,,ee President, and its corp Tru a Nerd as be herein affixed, this 2211d &,t of May A.U., 1979 Altcitl 1'. r P..,Jra STATE OF IOWA COUNTY OF POLK By MERCHANTS MU'rUAI. BONDING COMPANY %� 'fir is On this 22nd Jay or May .19 79 , heline me apNored W.W Warner and W511am Warner, to nx personally known, who I cmg by me duly sworn did say that they are President and Vice President respec• lively int the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described in the foregoing mstruri and that the Sul affixed to the said in,trumcnt is the Corporate Seal of the said Corporation and that the said insnument tuns signed and scaled in behalf of suid Corporation hp +tuthorit of its Board of Directors, In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal fint above written. sLtIOWA}G) STATh OF IOWA A U S L COUNTYOF PO at the City of Dc% Moines. Iowa the ddaay� annd�yearr tomo P.M' Pull ro..n, fn.. -- ....... ,,.... e: Pr.r, 9-30-81 1, William Warner. Vice Resident of the MERCHANTS MUTUAL BONDING C•OMPA. it k that the above and foregoing is a true and concet copy of the POWER OF A'rfORjif{' MERCHANTS BONDING COMPANY, which is till in force and effect. S, In Wncss Whereof, 1 have hereunto set my hand and affixed the «al of the Company.:d thiN 18th day of September w. 79 /�'•f 'x.193; IN This power of anomey expires -Until Revoked � %�, ••,' �' certify is. said M Q z 0 W ry d z W F r v n 3 ly0 t H o z 0 .14 P4 0 a cG 0 :J Q 0 M Q 0 H q W U V Z J O Z Y K r q i u O U] p a Z q Z r g o o b T° a -ig � - Z T „ A N O � Z r N p A 0 x v 0 O C ce � O ^E v — ^ L L 5 � � w u u •• e ¢ — V E` Q `n 3,� N p C� oto ii O T. 'J U .• t n. u V C E u O T n o ° >a/f " p` � S A c E^ °� Q I W L r n; O } n^ c m; c ° � c o— tz w S ; L% q .". O w V w N C d L C O 6 6 V n H C r. 5 O .U.. C• o r U a _ `O ro u ar•3 C T C of Cl) m a rn E o O o B B 3 E o C C y w pp w + u V Z J O Z Y K r q i A� ,TED FIRE & CASUALTY COMPAN' 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 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, all individually. of Waterloo, Iowa its true and lawful Attorneys) -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 March 1, 1981 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 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 autho. rized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorneyor car- tincatlon 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 attorneys -in -fact, subject to the limitations gel forth In their respective certificares pf authority shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the sed of the Company thereto. The President or any Vice President, the Hoard of Directors or any other officer of the Com- pany may at any time revoke an power and authority previously given to any attorney-in-fact. ?oLORPORAIE`\SO SEAL /g= IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this let day of March , A.D. 1979 State of Iowa, County of Linn, ss: UNITED FIRE Q/&�gCASUALTY COMP By ice President On this 1st day of March 1979 , 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. ROGER G. HECKROTH YT COMMISSION UITES Notary Public September 30 i:l::•, My commission expires September 30, 1980 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 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. ............, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said i� W, CORPORAIiig? Company this 24th day of September 1979 1 ice` SEAL a•. I •'•r`��...o+ oro` Q,�9,,",,"�",.`t", `��. s�A sistant Secretary RESOLUTION NO. 79-266 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 Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret X Roberts x Vevera x Passed and approved this 19th day of June 19 79 Mayor Attest: �7✓ �� �.i i City Clerk gum N CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 (Continued) 80-51 - Discount Dan's Shell, 933 South Clinton (Voss Petroleum Co., Inc.) 80-52 - Iowa Memorial Union (University of Iowa) 80-53 - Finkbine Golf Course (University of Iowa) 80-54 - The Vine Tavern, 529 S. Gilbert (Jay E. Rarick and Terry G. O'Brien) 80-55 - Foxhead Tavern, 402 E. Market St. (David L. Alberhasky) 80-56 - Whiteway Super Market, 212 S. Clinton St. (McRo, Inc.) 80-57 - The Annex, Inc., 819 - 1st Ave. (The Annex, Inc.) 80-58 - Randall Mini Priced Foods, 1851 Lower Muscatine Road (Randall Stores, Inc.) 9 80-59 - John's Grocery, Inc., 401 E. Market St. 80-60 - Hilltop Tavern, 1100 North Dodge St. (Edna Eldeen) 80-61 - Drug Fair #9, 121 E. Washington St. (Drug Fair, Inc.) 80-62 - Imperial Refineries Corporation, 1854 South Riverside Dr. (Imperial Refineries Corp 80-63 - Dividend Bonded Gas, 302 South Dubuque Street, (George Ferdic) e?y3 /`1" RESOLUTION NO. 79-267 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET PROJECT, AND 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 I7th day of July , 1979 , at 7730 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 Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: x x x x NAYS: ABSENT: Balmer deProsse x Erdahl Neuhauser x Perret Roberts Vevera Passed and approved this 19th day of June , 19 79 Mayor ATTEST: � Received $ City Clerk Approved By,The Legal Deparhpent 6 .t 7` t - -lam RESOLUTION NO. 79-268 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE TRUCK WASH BUILDING AT THE IOWA CITY SERVICE CENTER, 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 3rd day of July , 19 79 , 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 Balmer and seconded by that the Resolution as read be adopted, and upon roll call AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th day of June Neuhauser there were: / Mayor 19 79 9 ATTEST: _ �t /' i, , /' /< - Received 8 Approved ly- City Clerk Ry 7hs Legal peaartriment RESOLUTION NO. 79-269 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CENTRAL BUSINESS DISTRII STREETSCAPE IMPROVEMENT PROJECT, PHASE II -A, UN CAPITOL STREET 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 plane, 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 the above-named project shall be in the amount of $40,000 Treasurer, City of Iowa City, Iowa. construction of payable to 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bide 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 2:00 P.M on the 12th day of July 19 79. Thereafter, the bide will be opened by the City Engineer Gene Dietz , 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 17th day of July , 1979 8Y� Received & Approved By, The IeiIS- a artment J Page 2 Resolution No. 79-259 It was moved by deProsse and seconded by Perret that the Resolution as reaT-E-e-a-d—op—t-ecT, and upon roll call t are were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th day of June , 1979. MAYOR ATTEST,/ Ky7 Received & Approved 8 The Legal Dhpartment N7 (:� 1' `7T . -71' t RESOLUTION NO. 79-270 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1980 BEGINNING JULY 1, 1979. 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 the following positions shall receive as salary 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 salaries are hereby established for the following persons effective July 1, 1979: City Attorney - $41.50 hourly for all legal work, except litigation $46.50 hourly for litigation City Clerk - $20,000 annually City Manager - $38,985 annually It was moved by deProsse and seconded by Neuhauser that the Resolution as read be adopted and upon roll call there were; AYES: NAYS: ABSENT: x Balmer x deProsse _ x Erdahl X Neuhauser X Perret X Roberts x Vevera Passed and approved this 19th day of June 1979. MAYOR ATTEST: CITY C ERK ABfZ:rffi • /3FR07SD BY THY L,;;AI. DraRTI ENT i RESOLUi'ION NO. 79-271 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS FOR THE USE OF $50,000 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DAY CARE SERVICES TO ADULTS CONSTRAINED BY DEVELOPMENTAL DISABILITIES (PRIMARILY MENTAL RETARDATION) WHEREAS, the City has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, public law 93-383; and, WHEREAS, Congress has designated handicapped individuals as a target population to be assisted with these federal funds; and, WHEREAS, the City wishes to engage the Association to improve their program for handicapped residents in the City of Iowa City with such funds; and, WHEREAS, an agreement to provide a day care program for the developmentally disabled has been negotiated between the City of Iowa City and the Johnson County Association for Retarded Citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to sign, and the City Clerk to attest, the Agreement which has been negotiated between the City of Iowa City and the Johnson County Association for Retarded Citizens. It was moved by Neuhauser and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th day of June 1979. ATTEST:_�� City Clerk c Mayor RECEITM i 1F7ROT= BY ti Tom, I'1RrJdM Qy� N CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DAY CARE SERVICES TO ADULTS CONSTRAINED BY DEVELOPMENTAL DISABILITIES (PRIMARILY MENTAL RETARDATION) This agreement, entered into this day of , 1979 by and between the City of Iowa City (herein referred to as the "City") and the Johnson County Association for Retarded Citizens (herein referred to as the "Association"); Whereas, the City has applied for and received funds from the United States government under Title I of the Housing and Community Development Act of 1974, public law 93-383; and Whereas Congress has designated handicapped individuals as a target population td be assisted with these federal funds; and Whereas, the City wishes to engage the Association to improve their program for handicapped residents in the City of Iowa City with such funds; Now, therefore, it is agreed between the parties hereto that: PART I: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM I. SCOPE OF SERVICES A. Funding Year The objectives described below will be met through the utilization of fourth year CDBG funds, program income generated by the utilization of such funds, and funds from other undesignated sources of the contractor. B. Objectives 1. Purpose The purpose of this program is to provide day care services to developmentally disabled adults in order to preclude institutionalization. The overall objectives of the program are: a. To provide the developmentally disabled with a socially acceptable (normalized) pattern for daily living. b. To help the developmentally disabled make the transition from childhood into adult living through training in the adult living skills and appropriate grooming, homemaking, traveling, work habits and skills, leisure time pursuits, 0 2 and functional skills to help each client function at the highest level possible. C. To help parents by working closely with them to accept and develop the role of the severely retarded adult in the family. d. To prepare the developmentally disabled to have potential and the necessary skills for more advanced programs such as•sheltered work shops or vocational training centers. 2. Beneficiaries The beneficiaries of this program are developmentally disabled, primarily mentally retarded, adults, ages 18 to 65. Clients live in adult foster care facilities, the Johnson County Care Facility, nursing homes, and the homes of their parents. 3. Program Activities The Association will perform the services and activities described herein in a manner satisfactory to the City. a. The Association will provide day care for approximately 23 developmentally disabled adults for 20 to 21 days each month. b. The Association will provide five basic areas of activity and training as follows: training and self-help skills, socialization skills, practical education, physical development and work experience activities. C. The Association will insure review of the medical condition of clients each week by the Visiting Nurses Association. II. TIME OF PERFORMANCE The program services of the Association shall commence on the 15th day of June, 1979 and shall terminate on the 14th day of June 1984. III. COMPENSATION Compensation to be paid by the City in the amount of $50,000 fourth year CDBG funds, to be used as downpayment for purchase of the building at 1020 William Street, as a permanent location for the program. F-5—/ N 3 IV. TERMS AND CONDITIONS The full amount of $50,000 is payable to the City if the Nelson Center services to developmentally disabled adults are terminated for any reason prior to June 14, 1984. This contract is subject to and incorporates all the terms and conditions set forth in Part II and the City's application B -78 -HN -19-005, as approved by the Department of Housing and Urban Development. 9 PART II: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMPLIANCE WITH FEDERAL REGULATIONS The Association agrees to comply with all federal regulations as prescribed in the Federal Register March 1, 1978 Pt. -III, Department of Housing and Urban Development, CDBG's Eligible Activities, governing the grant of money under which this contract is made available. II. REPORTING PROCEDURES A. The Association will direct all communications concerning this contract to the Iowa City CDBG Program Coordinator's office. The Association shall submit quarterly reports to the City Coordinator's office by the 20th of April, July, October and January of each contract year. In addition an Annual Report shall be submitted by January 5 of each contract year. The Association shall provide such other reports as required by the City to comply with Department of HUD requirements. III. EVALUATION CRITERIA The Association's performance will be monitored and evaluated in accordance with the following documents submitted to the City prior to execution of this agreement: Detailed Project Plan Projected annual budget IV. METHOD OF PAYMENT The City will pay to the Association the sum of $50,000 under the terms of this contract contingent upon project approval and the Release of Funds by the Department of Housing and Urban Development. RETENTION OF RECORDS A. The Association shall retain financial records, supporting documents, statistical records and all other records pertinent to the expenditures under this agreement for a period of three years from the end of the program year contract. Records that are the subject of audit findings shall be retained for three years after such findings have been resolved. Records for non - expendable property acquired with funds under this contract shall be retained for three years after final disposition of such property. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks shall be signed by (an) officer(s) or legally authorized agent(s) of the Contractor. All accounting records including supporting documents pertaining in whole or in part to the Contract shall be readily accessible. VI. EQUAL OPPORTUNITY NONDISCRIMINATION The Association agrees to comply with Chapter 601.A of the Iowa Code, State Civil Rights, as amended and Chapter 18, Human Rights, of the Code of Ordinances of the City of Iowa City as amended. The Association shall not commit any of the following employment practices: To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status, or sexual orientation. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. VII. TERMINATION Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. In that event, the Association shall pay $50,000 to the City. VIII. INTEREST OF MEMBERS DF CITY AND OTHERS No officer, member, or employee of the City, and no member of its governing body, and no other public official or governing body of the locality or localities in which the project is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. IX. ASSIGNABILITY The Association shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto; provided, however, that claims for money due or to become due to the Association from the'City under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. INTEREST OF ASSOCIATION The Association covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this contract. The Association further covenants that in the performance of this contract no person having such an interest shall be employed by the Association hereunder. XI. AUDITS AND INSPECTIONS At any time during the normal business hours, and as often as the City may deem necessary, there shall be made available to the City or to the federal government for examination, all of the Association's records with respect to all matters covered by this contract, and will permit the City and the federal government to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this contract. Any deficiencies noted in such audit reports must be fully cleared by the Association within 30 days after receipt by the Association. Failure of the Association to comply with the above audit requirements will constitute a violation of this agreement and result in withholding of future payments by the City. XII. ENVIRONMENTAL COMPLIANCE The Association agrees to comply with the National Environmental Policy Act of 1969, and the HUD Environmental Review Procedures (24 CFR, Part 58) insofar as they might apply to the performance of this contract. XIII. ARCHITECTURAL COMPLIANCE The Association agrees to comply with the requirements of the Architectural Barriers Act of 1968, 42 U.S.C. 4151, insofar as it applies to the performance of this contract. gj5 S VA XIV. COMPLIANCE WITH LOCAL LAWS The Association agrees to comply with all ordinances of the City of Iowa City, statutes of the State of Iowa and Federal Laws. XV. HOLD HARMLESS The Association shall indemnify and hold harmless the City of Iowa City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fee and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this agreement. IN WITNESS WHEREOF, the parties have executed this contract on this 19th day of June , 1979. CITY OF IOWA CITY Mayor Y / Attest: � City Clerk JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS By: Vice Pr dent JCARC secretary JCARC Approved as to Legality: Assi ant CYty Attorney RECEIVFv) b IYFROVED BY Ti): Li:(:dL DEPjRTYENT x,56 STATEMENT OF INTENTION NONDISCRIMINATION AND L OPPORTUNITY STATEMENT This Company does hereby certify to the City of Iowa City that it is an equal opportunity employer and sets forth as a minimum the equal opportunity employment standards of Title VII of the U.S. Civil Rights Act of 1964. These standards state that no person shall, in any way, be favored or discriminated against because of race, color, religion, sex or national origin. This Company agrees to comply with the City's Contract Compliance Program. When doing business with the City on a project funded in whole or in part by Federal money, it further agrees to comply with all Federal rules and regulations for contract compliance. This statement is submitted to comply with City's policy to advance equal opportunity principles in conducting the City's business. JOHNSON COUNTY ASSOCIATION FOR RETARDED CITIZENS COMPANY ECUTIV V FILER Vice President ADDRESS OF THE EQUAL EMPLOYMENT OPPORTUNITY OFFICER >lL PHONE NUMBER 11)1-6 .)('v F,-% EQUAL EMPLOYMENT OPPORTUNITY OFFICER ADDRESS OF THE EQUAL EMPLOYMENT OPPORTUNITY OFFICER >lL PHONE NUMBER 11)1-6 .)('v F,-% M EQUAL OPPORTUNITY CLAUSE 1. The Company states that it is an equal opportunity employer and shall not commit any of the following practices in any subcon- tracts. a. To refuse to hire or to discharge from employment any in- dividual because of their race, color, religion, sex or national origin. b. To discriminate against any individual in terms, conditions, privileges of employment or any other way discriminate because of race, color, religion, sex or national origin. 2. The Company agrees to comply with the contractual obligations for participants on Federal or Federally -assisted construction and/or non -construction projects as set forth in Executive Orders 11246 and 11375 and rules, and regulations issued pursuant thereto. a. The City agrees to provide the best information available on the Federal requirements for Federal or Federally - assisted projects. b. The City agrees to provide technical assistance to the Company to come into compliance with the Federal regulations. C. The Company agrees to provide the City with a copy of its Affirmative Action Program if the Federal regulations require such. 3. In accordance with the Affirmative Action Program of the City of Iowa City, the Company hereby agrees to file the "Statement of Intent: Nondiscrimination and Equal Opportunity Statement" attached hereto when submitting its bid. N ?,j_9 RESOLUPION NO. 79-272 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WFC, the City of Iowa City, Iowa, has negotiated ah agreement with Iowa Department of Transportation , a copy of said a�reemen�t being attac to s Resolution s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement which will transfer the ownership of lighting systems at the intersection of Interstate 80 and primary rd. #1. This agreement stipulates that the DOT be responsible for all maintenance costs which this system incurs. Further, that DOT will reimburse the City for any costs it has incurred since July 1, 1978. 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 Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Neuhauser and seconded by deProsse Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT:" X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X FERRET X ROBERTS X VEVERA . passed and approved this 19th day of June , 1979. Mayor ATTEST: City Clerk Received & Approved `e��Spat 7ci A G R E E M E N T City Iowa City County Johnson. Proj. No. I-80-7(36)251--01-52 Iowa D.O.T. Agreement No. 78-14-221 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, Johnson County, Iowa, (hereafter City) as follows: 1. The City hereby transfers ownership of the lighting system at the intersection of Interstate 80 and Primary Road No. 1 to the D.O.T. 2. The D.O.T. will reimburse the City the energy/ maintenance costs it has incurred for the lighting system at the intersection of Interstate 80 and Primary Road No. 1 subsequent to July 1, 1978, if any. In the event the City has not paid to the serving utility company costs incurred subsequent to July 1, 1978, the D.O.T. shall do so directly upon receipt of the utility company billing therefor. 3. The City will submit its billing for reimbursement under 2 above to the D.O.T. Resident Maintenance Engineer located at Iowa City, Iowa. The City will furnish any support of its billing as may be requested by the Resident Maintenance Engineer. 4. Future responsibility for energy and maintenance of the lighting system at the intersection of Interstate 80 and Primary Road No. 1 shall rest with the D.O.T. It is anticipated that current billing to the D.O.T. will commence with the utility company's January 1979 billing cycle. 5. This Agreement supercedes Agreement No. 76-14-088 entered into by and between the City and the D.O.T. May 9, 1978, and May 10, 1978, respectively. 6. 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. County Joh Project No. I-80-7(36)251--01-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 78-14-221 as of the date shown opposite it's signature below. City of Iowa Cit BY: Title: Mayor I,— Abbie Stolfus the Clerk of the CITY, and that June 20 , 1979 certify that I am Robert A. Vevera 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. 79-272 , duly passed and adopted by the CITY., on the 19th day of June 19 79 . Signed G n� City Clerk of Iowa ity , Iowa June 20 IOWA DEPARTMENT OF TRANSPORTATION 1979 BY:_��C Development Support Engineer l'' 19n Highway Division Date ATTEST: BY Lc.C. RIREIVED IZ SYA: 9 � �L LgFARTHENT A i RESOLUTION NO. 79-273 RESOLUTION ESTABLISHING A LANDFILL USE FEE AND A RESIDENTIAL SOLID WASTE COLLECTION FEE. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. The use fee for the Iowa City sanitary landfill shall be $5.10 per ton of solid waste. 2. The residential solid waste collection fee shall be $2.00 per month for each dwelling unit, and $1.00 per month for each roaming unit. 3. The fees established by this resolution shall became effective on July 1, 1979. It was moved by Neuhauser and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS Passed and approved this 19th d y of June 1979. Mayor R" . D & japEO:TD y 15 �WT �� x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19th d y of June 1979. Mayor R" . D & japEO:TD y 15 �WT �� U /tom . -.-� RESOLUTION No. 79-274 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY WHEREAS, the City of Iowa City, Iowa, has negotiated a n agreement with Cedar Rapids & Iowa City Railway Company, a copy of said a�r_eemM6to being attachedto is Resolution s reference made a part hereof, and, WHEREAS, the City Council deans it in the public interest to enter into said agreement allowing sewer construction within Crandic right- of-way, for the Corridor Sewers project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CWNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Cedar Rapids & Iowa City Railway Company. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by deProsse and seconded by Npuhaiicpr the Resolution be adopted, androll call these were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 19th day of June , 1979. ATTEST: City Clerk I Received & ApprovLd ey the Legel Depar}' ent �. 963 BEST DOCUMEN s FILED N'01 _ AVAILABL' 1979 SEP —5 nil 10: 3 i / • G1(] : GREL•'14ENT ,t) A. G J RECORD JOHNSON CO.. 'lk� Thu CEDi',R RLPIDS • ND IOP.;, CITY R:.ILh"Y COMPfINY (heruin- ,.Ltur ,.Z_L1uu the "Reilwr•y Corrl_any") ,iereby Licenses the CITY OF IOW", CITY, ICINA (hcreinbtter calLe,. "City") to install, nzintain, an.. use storL, sewer L.ipe (hereinafter ( ulLe.. "F2.11ity") in the easer„ent uescri.ue., as toilov,s, am: suo,ect to the terms in the said easement, as well z:s to the term that follow in this ,locun.ent. Ease. ent Lor the installation, maintenznce, ata use of storry sewer, Locateu as toLlows: L.) In C-pitol Street, &ppro;,imately 330 teet north of the north richt-of-way line of Lasayette St. 2.) In Capitol Street, aolacent anu immedia-tely south of the south right-of-v.ay line of Lafayette St, 3.) In Capitol Street, appro>finetuLy L8J ieut south of the south right—cL-way Line of Benton Street ..) In Capitol Street, ;-,Fpro;'imately [00 Leet south of the south ri,ht-of-v:,y line o1 Benton Street In Iowa ;venue, �ppro>iu:.tely 11.0 feet vest of the west right-of-way line of Ma,uison Street G.) In Riversiue Drive, approxir.,a.tely <'c00 iect north of the northerly right-of-way line of Highway Jib. Should the Licensee at any ti:. e violate any of sai.: terji.s or c.onuitions, or use or attempt to use sr•id facility for any otlier or Afferent purpose than that Lbove specifie;l, then the Railwi y Co;nFany'r.ay, at its option, irriliediately revoke the License. For the privilec;es herein permittuc:, the City hzs raid to the Railway Conpzny a Zee of One Hunt,reCi Dollars ($100.00) for prepa.rz.tion of this instrument, receipt whereoi is hereby ac'know- 1 e�. r • c�i . The iorecoing License is sub,eet to the Lollov.inc conli- tions: First: The Railway Superintcnrnent will be provi(luJ prior to beginning work, with the nar..e, prione number, anti auc ress of the city's and contrector's representatives who ,.ilL be in chsrce of the sewer construction. -1- V. I. Second: The City will require its' contractor to use all reasonable care to avoid accident, damage or delay to the Railway's trains or other property as determined by the Railway's Superintendent or his representative. The Railway Superintendent or his representative will have jurisdiction over construction safety which may affect the safety of Railway's operation and his decision shall be final. The City shall be liable for any damage incurred due to sewer construction. Third: The Railway Company at its' option, may require a flagman be present to protect Railway's property and inspect the construction. The City will promptly reimburse the Railway for expenses incurred with the inspection and flagging of the construction areas. Fourth: The said Licensee will give to the Superinten- dent of the Railway Company at least ten (10) days' notice in writing before entering upon the right-of-way at each of the six (6) crossing locations of the Railway Company for construction purposes, or for the purpose of making necessary repairs. Work at each crossing shall be completed and cleaned up to the satis- faction of the Railway's Superintendent within thirty (30) days of the time it was begun. The Railway Superintendent must be notified and approve any variation of the completion date. The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the Licensee to make such rApairs upon ten (10) days' notice in writing. In such case, said Licensee may enter upon said right-of-way without the ten (10) days' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten (10) days, the Railway Company shall have the right to make said re- pairs and collect the entire cost thereof from the Licensee. The Railway Company reserves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emer- gency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. Fifth: It is understood by the Licensee that said fa- cility is subject to and may increase the dangers and hazards of the operation of the railroad of the Railway Company, and that this License is subject to all risks thereof. The facility it- self shall be and remain the property of the Licensee and any and all claims caused by its use or maintenance shall be the responsibility of the Licensee, and not the Railway Company. Sixth: The Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument had not been executed by it. If any such use shall necessitate any change in the location or construc- tion of said facility, or any part thereof, such change shall be made by the Licensee, at the expense of the Licensee, upon demand -2- ,si;4 S OF THE Railway Company, and the said Railway Company s be liable to the said Licensee on zccount thereof, or of any uamage growing out of any use which the Railway may make of its said tracks, property end right-oi-way. hall not on account Company Seventh: The Railway Company shall have the right at any time by giving ninety (90) days' notice in writing to the Licensee to require the Licensee at its expense to re -arrange or move this facility so as to conform to changes the Railway Company may desire to make in its track grade, track location or line or any other changes Railway may desire to make in its property at this point. Eighth: There shall be no construction on the Rail- ways' right-of-way between sunset and sunrise. Plso, the con- tractor shall provide fence, barricades, warning lights, and any other suitable safety appliences to prevent access of un- authorized persons to site where work is in progress. Ninth: The contractor shall not stockpile or store materiLl or caebris on the right-of-way of the Railway. Tenth: The contractor shall have in force, Public Liability Insurance, per person in the amount of One Hundred Thousand Dollars ($100,000) and per occurence in the amount of Three Hundred Thousand Dollars ($300,000.00). Eleventh: The waiver of a breach of any of the terms and conditions hereof shall be limited to the act or acts con- stituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. Twelfth: This License is personal to said Licensee and is not assignable or transferable, without the written consent of the Railway Company being sirst obtained. IN IN 1AITIESS kHEREOF, this instrument is executed, this day of (�, 1975. U .ATE SEAL ATTEST: rfi Cif% Assts nNTSecretary CEDAR Rf•PID&-AND IOWA CITY RAILWPY COMPANY 99 The undersigned, License, hereby accepts the tio16 UNA ORATEaSEAL. By .VICE PRESIDENT the Licensee mentioned in the foregoing same, subject to the terms and condi- wxTNEss: 2 r% 63 ��D 6 lPPlt075D .�dyor2 • or TE LE= DEPARTIMT (arq Reek -3- _1_4 y_/_ J /P 'x RFSOLUTION No. 79-275 RESOLUTION AU1110RI7ING MR-] CITY TO DEVELOP, ADOPT AND IMPII-X-M' AN INDU9rRIA1, 0D91' RECOVERY SYS11,11 ACCEPTABIds TO '111E U.S. INVIIMMINFAL PROTECTION AGENCY. Be it resolved by the City of Iowa City that at such time as industrial users (as defined in 40 CFR 35.905 as published in the September 27, 1978 Federal Register) discharge wastewater to the facilities constructed under EPA Grant No. C 19083002. The City shall develop, adopt and implement an industrial cost recovery system acceptable to the U.S. Environmental Protection Agency. This cost recovery system shall comply with the requirements of the Federal {Vater Pollution Control Act, as amended by the Clean Water Act of 1977 and all regulations and guidelines pertaining thereto. In the interim, the City shall submit an annual certification affirming the non-existence of industrial wastewaLor being discharged to this facility and shall_ maintain such records and documents as necessary to substantiate the certification. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSINT : X Balmer X DeProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 19thday of jnnP , 1979. MAYOR i i AT: . Z CITY CLERK VCrTVED 6 1PFR07FD BT•NF LLGAL LtzA.'. NSNT p J RESOIZPPION No. 79-276 RESOLUTION ACCEPTING SANITARY AND STORM SEWER DD TION D BLOCK 7I PORTIONSBLOCKE�MAN CENTER WHEREAS, the Engineering Department has certified that the following improvsnents have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary and storm sewer and paving for all of Block 7 and Lots 1, 2, 3 of Block 5 in Braverman Center Addition to Iowa City AND WHEREAS, Maintenance Boris 4W were ?X0 on file in the City Clerk's Office, in 1969, an said improvements are still in satisfactory condition, NOW THEREFORE BE IT RESOLVED by the City CoR=il of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Neuhauser and seconded by deProsse that the Resolution as read be accep , and upon roll call there were: AYES: NAYS: ABSEW: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed arra approved this ATTEST: x x 19th day of June , 1979 . Mayor /� �L City Cleric ReicceivGd & Approved B RESOLUTION NO. 79-277 RESOLUTION MAKING AWARD OF CONTRACT WHEREAS, by Resolution 79-256 adopted on June 12, 1979, the Council approved the bid of Parkview Company of $196,265 for construction of Part C of the BDI second addition special assessment project, and WHEREAS, by mistake the Department of Public Works recommended that the bid be accepted with a deduct alternate of $3,000 for the installation of two air release valves, and WHEREAS, the Department of Public Works now believes it would be wiser not to accept the deduct alternate, thereby raising the bid price to $199,265, but foregoing substantial future maintenance costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa: That the bid of Parkview Company of Iowa City, Iowa, in the amount of $199,265, for the construction of Part C of the BDI second addition special assessment project within Iowa City, Iowa, described in the plans and specifications heretofore adopted by this Council on the Jtth2g tl day of %IltT Ja�te 19 79 be and is hereby accepted, the same being the lowest bifid received for said work. The Mayor and Clerk are hereby directed to execute a contract with the said Parkview Company of Iowa City, Iowa for the construction of said improvements, said contract not to be binding on the municipality until approved by this Council. It was moved by Neuhauser and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this Balmer deProsse x Erdahl Neuhauser Perret Roberts �Vevera y +2th day of _ ATTEST: CITY CLERK June , 1979. i MAYOR RECEIVED d LPPROIED BY T1 E LEG/L DEPAR7iMT � RESOLUTION NO. 79-278 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: John's Grocery, Inc., 401 E. Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and -Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon ro-1r call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of June 19 79 Mayor Attest: 4 = City Clerk y -711) j l RESOLUTION NO. 79-279 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hergby approved for the following named person or persons at the following described location: John's Grocery, Inc., 401 E. Market St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon ro11 call there were: AYES: Balmer x deProsse Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x x Passed and approved this 19 79 Attest: LGC_ City Clerk 26th day of June Mayor S 71 RESOLUTION NO. 79-280 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Bill Mihalopoulos dba The Best Steak House, 1 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Roberts IT that the Resolution as read—eadopted, and upon roll ca there were: AYES: NAYS: ABSENT: Balmer x x deProsse x Erdahl Neuhauser x Perret x Roberts x Vevera x Passed and approved this 26th day of June 19 79 Mayor /7 Attest: City Clerk D M RESOLUTION NO. 79-281 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is herby approved for the following named person or persons at the following described location: Bill Mihalopoulos dba The Best Steak House, 1 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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 x deProsse Erdahl Neuhauser x Perret x Roberts x Vevera x x x Passed and approved this 26th_ day of June 19 79 Mayor Attest: A� City Clerk N RESOLUTION NO. 79-282 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby app— _ETor the following named person or persons at the following described location: Copper Dollar of Iowa City, Inc. dba Copper Dollar, 211 Iowa Ave. East Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by �Ro_���� that the Resolution as -read -Ye adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved this 26th day of Attest:OZA6 '&� City Clerk Mayor June 19 79 875 m RESOLUTION NO. 79-283 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: Copper Dollar of Iowa City, Inc. dba Copper Dollar, 211 Iowa Ave. East It was moved by Neuhauser aria seconded by Roberts that the Resolution as read e a opted, and upon roll call there were: AYES: Balmer x deProsse Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x x Passed and approved this 197 9 . 26 th day of June Mayor Attest: City Clerk RESOLUTION NO. 79-284 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 Neuhauser and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Attest: M City Clerk Mayor June , AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 26th day of 19 79 Attest: M City Clerk Mayor June , CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 (Continued) 80-51 80-52 80-53 80-54 80-55 80-56 80-57 80-58 80-59 80-60 80-61 80-62 80-63 X80-64 r^ - aL 80-65 0 80-66 80-67 80-68 80-69 80-70 80-71 80-72 80-73 80-74 80-75 80-76 80-77 80-78 80-79 80-80 80-81 80-82 80-83 80-84 80-85 80-86 - Discount Dan's Shell, 933 South Clinton (Voss Petroleum Co., Inc.) - Iowa Memorial Union (University of Iowa) - Finkbine Golf Course (University of Iowa) - The Vine Tavern, 529 S. Gilbert (Jay E. Rarick and Terry G. O'Brien) - Foxhead Tavern, 402 E. Market St. (David L. Alberhasky) - Whiteway Super Market, 212 S. Clinton St. (McRo, Inc.) - The Annex, Inc., 819 - lst Ave. (The Annex, Inc.) - Randall Mini Priced Foods, 1851 Lower Muscatine Road (Randall Stores, Inc.) - John's Grocery, Inc., 401 E. Market St. - Hilltop Tavern, 1100 North Dodge St. (Edna Eldeen) - Drug Fair #9, 121 E. Washington St. (Drug Fair, Inc.) - Imperial Refineries Corporation, 1854 South Riverside Dr. (Imperial Refineries Corp - Dividend Bonded Gas, 302 South Dubuque Street, (George Ferdic) - Watt's Food Market, 1603 Muscatine Ave. (Dale E. Watt) - Applegate's Landing, 1411 S. Gilbert St. (Regal Vending) - Big 10 D -X Service, 513 S. Riverside Dr. (Regal Vending) - Rossie's Cafe, 329 S. Gilbert St. (Regal Vending) - Hal & Dee's, 800 S. Dubuque St. (Regal Vending) - Knights of Columbus, 328 E. Washington St. (Regal Vending) - Sycamore Eating & Drinking Co., Mall Shopping Center (Regal Vending) - Ken's Pizza, 1950 Lower Muscatine Road (Regal Vending) - American Legion Post 17, 3016 American Legion Road (Regal Vending) - Club Car Lounge, 122 Wright St. (Regal Vending) - That Deli -That Bar, 325 E. Market St. (Regal Vending) - Leroy Weekes V.F.W. Post 3949, 609 Highway 6 Bypass (Regal Vending) - Senor Pablos, 830 - 1st Ave. (Regal Vending) - Copper Dollar, 211 Iowa Ave. (Regal Vending) - Ken's Hardware, Highway 1 West (Regal Vending) - Lamplighter II, 1310 Highland Court (Regal Vending) - Kane's Depot, 114 Wright St. (Regal Vending) - Grand Daddy's, 505 E. Burlington St. (Regal Vending) - Holiday Stationstore #92, Hwy. 6 & Rocky Shore Dr. (Cedar Falls Oil Co.) - Pearson's Drug Store, Inc., 202 N. Linn St. (Pearson's Drug Store, Inc.) - B.P.O. Elks, 637 Foster Road ( B.P.O. 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Johnson County, Iowa, and to the State Comptroller: The Council of the City of Iowa City- - in said county (counties) met on June 26 , 19 79, at the place and hour set in the notice, a copy of which accom- panies this certificate and is certified as to publication. Upon taking up the proposed nmendment, it was con- sidered 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 consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if tiny*. Thereupon, the following resolution was introduced: RESOLUTION N0. 79-285 A RESOLUTION AASENDING THE CURRENT BUDGET FOR THE FISCAL. YEAR ENDING JUNE. 30, 19 77, (AS AMENDED LAST ON March 27. - 19 79 .) Be It Resolved by the Council of the City of Iowa City , Iowa: Section 1. Following notice published June 21 1979 , and the public hearing held June 26 19 79 , the current budget (as previously amended) is amended as set out herein. Reason: - -- . ----- -- ...... ......... ..- .....Reason: - ------ - ---- -- -- PROGRAM PROGRAM TOTALS FROM 14 TO: 16 Community Protection FUND .. ... As Certified or Amount of Last Amended on Change Amended To: FUND .. .. .. ........ , As Certified or Amount of Last Amended on Change Amended To: 1. Total Beginning Cash Balance + 2. Non -Property Tax Income 9. State -Shared Revenue 4. Property Tax Asking 6. Total Resources 6. Less, Working Balance (Reserve) 7. Net Resources for Expenditures S. Total Requirements _ 9. Community Protection 10. Human Development 11. Home & Community Environment 12. Policy and Administration 13. Total Expenditures Reason: - -- . ----- -- ...... ......... ..- .....Reason: - ------ - ---- -- -- PROGRAM PROGRAM TOTALS FROM 14 TO: 16 Community Protection Human Development Home & Community Environment Policy and Administration Passed this 26th day of . —une 19 7 It was moved by Balmer, seconded by Roberts, that the resolution as read be adopted,and upon roll call there were: Mayor Attest: Vote (list by names) : Perret, Roberts, Vevera, Balmer, Neuhauser. Nays: None Absent: deProc_se. Erdah]. I hereby certify the above transactions to be a true copy of the proceedings of the city council and the resolu- tions passed in the above matter. — - D I ---- City Clor "An overall increase in the budget or a major change in the proposed transfers between programs overall will require a new notice and hearing. 7s, 0 U `� new • ............ p.Yrllroa, low. Form 659-C (Revised 1974) AMENDMENT OF CURRENT CITY BUDGET NOTICE The Council of the Ci y of - Iowa City JhnSOn - -- ---- -- ---- - - -------------- 1° --------- - ------Johns-o-9 ---- - ---------- ---------------- --- ------ --County, 1 Vl C Center (name (a) of county or counties) 4 --- --------------------------- 19-19 ...- (place of meeting) (hour) (date) for the purpose of amending the current budget of the city for the fiscal year ending June 30, 19.. by changing estimates of revenue and expenditure appropriations in the following funds and programs and for the following reasons: t FUND As Certified or Last Amended on 1. Total Beginning Cash Balance 63. Non -Property Tax Income_ 3. State -Shared Revenue 4. Properly Tax Asking i. Total Resources u. Less, working Balance (Reserve) 7. Net Resources for Expenditures Total 3. Community Protection 0. Human Development 1. home S Community Envi 2. Policv and Administratior 3. Total .. .... ._..- .. ... FUND .. Amount of As Certified or Change Amended To: Last Amended on .. .......... ......................... ..._. Amount of Change Amended To: Reason: - ----- - ----------- Reason: ....... _... ....... --- . -- ..... PROGRAM TOTALS FROM 14 Community Protection Human Development home & Community Environment Policy and Administration TO: 16 There will be no increase in tax 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 considered in this current budget. This will provide for a balanced budget. - - ---- ---------------- ----- -- ----- - ----------- ---- ---- - - ---- City Clerk Note: Explain the source of any additional monies and the reason for the need to increase or decrease appropriation. If amendment includes change in appropriation for more than two funds, use additional fund boxes for informa- tion required within the bold lines. Instructions: Publish only the specific funds amended. The above form of notice may be one column wide and may include one or more funds. It must be published not less than four (4) days nor more than twenty (20) days before the hearing, provided that, in cities of less than 200 population and in such cities only, such notice may be posted in three public places. After the public healing the council shall adopt by resolutions the amend- ment as finally determined which action shall be made a matter of record. For detailed information, see Chapter 384, division II, Code of Iowa. Certification of Ipublicalion I hereby certify that the above notice was published (posted in three public places as established by ordinance) in The Iowa City Press -Citizen_. __ on _ - June 21 19.79... (name of newspaper) S/_- -- --- ----------- .!J City C1erkC/ n Printers fee i CERTIFICATE OF PUBLICATION STATE OFJOW A, Johnson County, ss: THE IOWA CITY PRESS -CITIZEN I, Vicky J. Curtis, being duly sworn say that I am the cashier Of the IOWA CITY PRESS - CITIZEN, a newspaper, published in said County, and that a notice, a printed copy of which is hereto attached, was published in said paper -?'-L� - times, on the following Subscribed and sworn to before me this z _ day of A&nt� A.D. 19_1/._, Non' 16111 Of FICIAL PUBLICATION OFF141AL PUBLICATION AMENDMENT OF CURRENT CITY BUDGET NOTICE The Council of the City of Iowa City In Johnson County, Iowa, will meet at Civic Center, 410 E. Washington St., a1 7:30 p.m., on June 26. 1979, for the purpose of amending the current budget of the city for the fiscal year ending June 30, 1979, by changing estimates of revenue and expenditure appropriations In the following funs and programs and for the following reasons: PROGRAM Community Human Community and TOTALS Protection Development Environment Administration FROM 3,424,963 5,772,463 30,609,976 2,200,061 TO: 3.474,963 5,777 758 32,483,636 2,655,052 There will be no Increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the Increased nom property tax revenues and cash balances not budgeted or considered In this current budget. This will provide for a balanced budget. /a/ ABSIE STOLFUS CITY CLERK June 21, 1979 FUND -GENERAL FUND-HCDA As As Certified Certified Or Last . Amount f Or Last Amount Amended Of Amended Amended Of Amended On Change To: On Change To: Total Beginning - Cash Balance 11196.061 .. 1,196,067 (14S,3611) (145,368) Non -Property Tax Income 3,266,447 235,000 3,501,40 2,860,917 1,523,666 4,3$4,613 State Shared Revenue 770,000 772000 Property Tax Asking 1,0111,346 4,015,3411, Total Resources 9,217,860 235000 9,482,860 2:715,579 1,523,666 4,239,215 Less, Workino Balance (Reserve) 887,900 887,900 (45,360) (115.368) Net Resources for Expenditures 6,359,960 235,000 8,594,960 2,860,917 1,523,666 1,384613 Total Requirements Community Protection 2,185,607 - 2,18.9,603 5121068 5120044 Human Development 1,259,184 1,295 1,260,479 667,792 667,792 Home 6 Community Environment 2,704,752 240,000 2,944,752 1,540,552 1,398,730 2,939,282 Policy and Administration 2,210,421 330,652 2,541,273 140,535 , 124,936 265,471 Total Expenditures 0,359,960 $72,147 8,932,107 7,860,947 1,523,666 1,381,613 FUND - SPECIAL ASSESSMENT FUND - ENTERPRISE WORKING CAPITAL PARKING, AIRPORT, - SOLID WASTE, REFUSE As As Certified Certified Or Last Amount Or Last Amount Amended Of Amended Amended Of Amended On Change To: On Change To: Total Beginning Cash Balance 410,617 61,249 01,866 1,233,899 1,233,899 Non -Property Tax Income 99,000 99,000 1030,441 35,000 1,365,441 State Shared Revenue Property Tax Asking Total Resources 509,617 61,249 570,866 2.564,340 35,000 - 2,599,340 Less, Working Balance (Reserve) 409,967 409,967 796,169 796,169 Net Resources for Expenditures 99,650 61,249 160.899 1,768,171 35"000 1,803,171 Total Requirements Community Pro?ection Human Development Home & Community Environment 991650 235,000 334.650 1,768,171 1,768,171 Policy and Administration Total Exnendlture5 90 6911 915.4410 111. AN 1 7AA 171 1 fie ai PROGRAM Community Human Community and TOTALS Protection Development Environment Administration FROM 3,424,963 5,772,463 30,609,976 2,200,061 TO: 3.474,963 5,777 758 32,483,636 2,655,052 There will be no Increase in tax levies to be paid in the current fiscal year named above. Any increase in expenditures set out above will be met from the Increased nom property tax revenues and cash balances not budgeted or considered In this current budget. This will provide for a balanced budget. /a/ ABSIE STOLFUS CITY CLERK June 21, 1979 RESOLUTION No. 79-286 RESOLUTICN ACCEPTING SANfTARY SEWER F)CFENSION WHEREAS, the Engineering Department has certified that the following inprove ants have been completed in accordance with plans and specifications of the City of Iowa City, sanitary sewer extension as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa, for E. E. Dyer property on South Riverside Drive (highway 218). AND WHEREAS, Maintenance Bonds for Knowling Brothers Company are on file in the City Clerk's Office, NOW THEF47ORE 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 Balmer and seconded by Roberts that the Resolution as read be aec , and upon roll ca 1 e were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 26th day of June 19 79 . // / � _Ii,.�►�__- Rowkvd A Approved By The Legal Department ��d RESOLUTION NO. 79-287 RESOLUTION AWARDING BIDS FOR SENIOR CENTER FURNITURE TO BE ACQUIRED WITH FUNDING AVAILABLE THROUGH STATE SENIOR CENTER FUNDS WHEREAS, the City of Iowa City has contracted with Wehner, Nowysz, Pattschull, & Pfiffner, a local architectural firm, to review information from agencies, senior citizens, and the architectural program, and develop recommended furniture and specifications for rooms in the proposed Iowa City senior center, and WHEREAS, formal advertisement for bids was published June 4, 1979, followed by a formal bid opening June 21, 1979, at which time bids were received, and WHEREAS, the architects and City staff have reviewed and evaluated each bid in comparison with prescribed furniture specifications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Iowa City, Iowa, that the following bids be accepted: I. To Bean's Quality Billards of Cedar Rapids in the amount of $1,100.00 for Group A, recreation equipment. 2. To Iowa Machinery and Supply Co., Inc. of Cedar Rapids in the amount of $3,489.00 for Group B, craft equipment. 3. To Medical Arts Surgical Supply of Cedar Rapids in the amount of $1,454.10 for Group E, medical equipment. 4. To Slager Appliance of Iowa City in the amount of $960.00 for Group F, appliances. 5. To Frohwein's Office Supply of Iowa City .in the amount of $6,128.88 for Group G, office equipment. 6. To Lind's Art Supply of Iowa City in the amount of $1,285.00 for Group I, art equipment 7. To Pigott, Inc. of Des Moines in the amount of $4,993.00 for Group K, casework. 8. To I,B.M. of Cedar Rapids in the amount of $780.00 for Group L, word processing. 9. To Clark's Carpets'of Iowa City in the amount of $4,800.00 for Group M, window treatment, blinds. 10. To Pioneer Office Products of Iowa City in the amount of $1,190.00 for Group N, window treatment, drapery. 11. To Pleasant Valley Orchards and Nursery, Inc. of Iowa City in the amount of $2,489.00 for Group 0, interior planting. Page 2 Resolution No. 79-287 Purchases will be made from successful bidders in accordance with the specifications document "Furnishings and Equipment (II) Senior Citizen Center, Iowa City, Iowa" and the bid document received for said furnish- ings group from the successful bidder. Using unit prices submitted by bidders, actual quantities of furniture may be altered slightly. Contracts will be awarded 'expending the total amount of State Senior Center funds, $38,660.00. It was moved by Perret and seconded by Roberts the resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x R Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 26th day of ATTEST: ( Ik- CITY CLERK June , 1979. RECETVED & AFFROM HY 'Va LEGAL PARTIi % i RESOLUTION NO. 79-288 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with the companies on the attached sheet , a copy of said contract 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 contract to purchase and furnishings for the proposed Iowa City Senior Center in accordance with specifics set forth in "Furnishings and Equipment (II) Senior Citizen Center, Iowa City, IA." 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 companies on the attached sheet 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Balmer and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Passed and approved this 26th day /off'/� Juunom/e; 1979, Mayor ATTEST: City Clerk 9V,3 RFi F.iVF.^_� & L`rFP.0iT1[? BY T12 LEGAL:)hPLyTVDM 1. Bean's Quality Billards 2. Iowa Machinery and Supply Co., Inc. 3. Medical Arts Supply c 4a Slager Appliance S. Frohwein's Office Supply 6. Lind's Art Supply 7. Pigott, Inc. 8. I.B.M. 9. Clark's Carpets 10. Pioneer Office Products 11. Pleasant Valley Orchards and Nursery, Inc. m CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1 1979 by and between the City of Iowa City, party of the first part, hereinafter referre to as the "Owner" and _Bean's Quality Billards • party of the second part, hereinafter referred to as the "Contractor" WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described 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 and #2. b. Notice of Public Hearing and Advetisement for Bids. C. Special Provisions. d. Proposal. 'e. 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 subjE to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) - Mayor ATT T: (Title) City Clerk Awarded Contract for: GROUP A -- recreation equipment ATTEST: _- (Title) (t-ompany Official $1,100.00 RFCFTVn h GFFP•]:'rsp By LEGAL DT -PAR ax'. CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Iowa Machinery and Supply Company , party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City,_Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully" described 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 and N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the Uocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST: (Title) Citv Clerk Awarded Contract for: GROUP B -- craft equipment ATTEST - (Ti tl e) TTEST:(Title) (Company Official) GERALMY COMMISSI0wIIF%nRC7 � 14= r 3 ) 19 $3,489.00 0 AFf FIVFJ & SFFP.3 TsP BY T LfG6L ';TAPT1r, CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 19791 by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Medical Arts Surgical Supply , party of the second part, hereinafter referred to as the "Contractor". ., WITNFCCTN- That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully` described 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 N1 and #12. l b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. .e. 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 subjec to the provisions embodied in the documents made a part of this r r Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST: (Title) Citv Clerk Awarded Contract for: GROUP E -- medical equipment M 1Ia' 117 Lz C� Ir=II� �.lfs Own-15fte 2 QWN)IPnVr 7740 lit AVENUE :I.E. CEDAR RAPIDS. IL Y402 ContractorSeal e ATTEST: ( tl a (/ ' Company 0 ficia $1,454.10 )?FCF.IM h AFFRxrssP AYE T . LFzA.L DFPA&TYF xr CONTRACT THIS AGREEMENT, made and entered into this 26 day of June , 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Dwner" and Slager Appliance party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications 'and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said•plans, specifications and proposal accurately, and fully described 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 Coptract 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 and #2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subje to the provisions embodied in the Uocuments made a part of this r Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTE51, ATTEST::/ • 1 I IM c �a. �+ • L9 A.6 �,, • ,(Title) City Clerk (Title) Sao Company 0 ficia Awarded Contract for: GROUP F -- appliances $960.00 7130 r•;�� •. RJr'r RT J. LI170Y �: Lf MY CcL:X9SSI0N EXPIRES &'Plember 30, 1979 RFCFTVn & 6c'TF�7$P I3Y T-4 t rr A, CONTRACT ✓ L��� THIS AGREEMENT, made and entered into this 26 day of June , 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Frohwein's Office Supply , party of the second part, hereinafter referred to as the "Contractor". W1TNrCCTN- That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City', Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described the terms and conditions upon which the Contractor is willing to perform the work specified: NOW THEREFORE, IT 1S 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 and #2. b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the Hocuments made a part of this Contract. 4: That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST - (Ti tl e) TTEST:(Title) City Clerk Contrac Seal B (Title) ATTEST: (Title) Company Official) FOR TNI tlOAL IrFICT Of TNI USI OF THIS FORM, CONSULT YOUR L11wyn STATE OF IOWA, S a►MS(Jy� COUNTY, ss: On this. I day of A.D. 19 before me, the undersigned, a Notary Public inland for the kate of Iowa, personally appeared and �L aC�U�IS to me' personally known, who, being by me duly sworn, did say that they are the -- ("eSl and ( M"A.1,,re.r respectively, of said corporation executing the within and foregoing instrument to which this Is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) n said cor orationauthority of its Board of Directors; and that the said (i�/1 CfJl�d and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by if and by them volwITWily executed. 7 � IOWA STAT! BAR ASSOCIATION Official Form No. 13 Th" Runt.,: Aly A. 1917 �OA r'cc�' �F. -'4sem Notary Public in and for said County and State. P 9731 RFCF.IVFJ & dFF°�7EP By T ; LEGAL DEFAtt:v tr, A, CONTRACT THIS AGREEMENT, made and entered into this 26 day of June , 19791 by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Lind's Art Supply party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said•plans, specifications and proposal accurately, and fully described 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 #Land N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjecl to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTE _(Title) City Clerk Awarded Contract for: GROUP I -- art equipment ATTEST: (Title) Company Official) i�,1, F DONALD E. DEACON MY fAMMISSIpN EXPIRES ( ;, , September 30, 1980 $787.00 With the addition in GROUP I of: 1 Amoco Potters Kick Wheel N3C with foot pedal motor assembly. $498.00 TOTAL CONTRACT AWARD -- $1,285.00 0 s - RFf F.I7FD & jc'rD'19cn CONTRACT THIS AGREEMENT, made and entered into this 26 day of June , 1919, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Dwner" and _P.igott, Inc. party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979,.for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fuliy described 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 N1 and N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subje to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor ATTEST - (Title) City Clerk Awarded Contract for: GROUP K -- casework By (seal) B O No I~V (Title) 001 Vo t - ATTEST: (Title) —k Company Ofiicialy 0 $4,993.00 RFCF.IVM & AFFP,)7Bp AY T:.; LEGAL D�F'A&:YF,MS rnNTRarT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and I.B.M. party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described 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 and #l2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. "Proposal. e. 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 subjec to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. By (Title) Mayor ATTEST: (Title) City Clerk Awarded Contract for: GROUP L -- word processing Contractor Seal Bbl (Title) —,L6n!0':: ATTEST%v`-' (Title) Company Official) $780.00 llam'� , Gv-'ut-o 0 RFryivFn & SFFF,;TiP AYQ T-' LF.GdL D �7�C z /_ CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between' the City of Iowa City, party of the first part, hereinafter referred to as the "Dwner" and Clark's Carpets party of the second part, hereinafter referred to as the "Contractor" WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully!" described 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 #Land d2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. 'e. 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 subjec to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor Contractor Seal B Ti le ATT/EST:: ATTEST: _(Title) City Clerk (Title) (Company Officia MARI L HE TSHUST � Awarded Contract for: GROUP M -- window treatment, blinds $4,800.00 0 0 T1FCF.TYn- & di F$� TiP 13 T:� LIzAT. CONTRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between, the City of Iowa City, party of the first part, hereinafter referred to as the "Owner" and Pioneer Office Products party of the second part, hereinafter referred to as the "Contractor". WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully described 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 N1 and N2. 1 b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the bocuments made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. By (Title) Mayor ATTEST: (Title) City Clerk Awarded Contract for: GROUP N -- window treatment, drapery Contractor B Exe tive Vice President ATTERSS/T::J n k (Title) Treasurer. Company Official] 0 $1,190.00 1ir('F.I9FrD h AFF:-: j �rEn AY T LEGAL A8;1�jfT .1 C014TRACT THIS AGREEMENT, made and entered into this 26 day of June 1979, by and between the City of Iowa :City, party of the first part, hereinafter referred to as the "Owner" and Pleasant Valley Orchards and Nursev, Co, party of the second part, hereinafter referred to as the "Contractor" WITNESSTH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 21st day of June, 1979, for Furnishings and Equipment II, Senior Citizen Center, Iowa City, Iowa under the `terms and conditions therein fully stated and set forth, and Whereas, said.plans, specifications and proposal accurately, and fully" described 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 Nl'and #2. b. Notice of Public Hearing and Advetisement for Bids. c. Special Provisions. d. Proposal. e. 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 subjec to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in three (3) copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. (Title) Mayor Contractor (Seal) / 8v (Title)�tiKlatt� ATTEST: ATTEST: (Title) City Clerk Title Cpppmpany Official IAAEtI L HERSHU8EN //�: Z'��� `! r1 Awarded Contract for: GROUP 0 -- interior planting $2,489.00. RFCF.I9FJ h dFFS;.E ev r.•.. ..._-- _ RESOLUTION NO. 79-289 RESOLUTION PERMITTING PURCHASE OF AUDIO, VISUAL, STAGE, AND SEWING EQUIPMENT WITH STATE SENIOR CENTER FUNDS WHEREAS, the City Council authorized bidding for furnishings for the proposed Iowa City Senior Center on May 29, 1979 and that such furnishings were to be purchased with Senior Center Funds provided by the State of Iowa, Commission on Aging, totaling $38,666, WHEREAS, bidding procedures with appropriate reference to specification documents entitled "Furnishings and Equipment II" were duly advertised by the Clerk, City of Iowa City, Iowa on June 4, 1979; WHEREAS, bidding was opened on June 21, 1979 according to state and local requirements; WHEREAS, no acceptable bids have been received for four groups of furnishings, to -wit, Group C (Audio Equipment); Group D (Visual Equipment); Group H (Stage Equipment); and Group J (Sewing Equipment), WHEREAS, Chapter 6 of the Rules adopted by the Commission on Aging pursuant to Chapter 2498, Code of Iowa 1979 and set forth in the Iowa Administrative Code provides for direct negotiations and procurement of equipment and services by way of purchase orders where "No acceptable bids have been received after formal advertising." WHEREAS, Wehner, Nowysz, Pattschull and Pfiffner, Architects were duly authorized to set forth specifications for said furnishings in a resolution passed by the City Council on April 10, 1979; WHEREAS, said architects are in the best position to effect direct procurement negotiation with contractors/vendors by comparison shopping for said Groups C, D, H, and J, and make a final selection for procurement from the most acceptable contractor/vendor; WHEREAS, said Architects' authority for such direct negotiation may not exceed the amount of the State Senior Center Funds Grant remaining after awarding acceptable bids; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Architectural Firm of Wehner, Nowysz, Pattschull and Pfiffner, be and hereby is authorized to negotiate direct procurement from Contractors/ Vendors by way of purchase orders, as provided under Chapter 6 of the Rules adopted by the Commission on Aging, Section 20-6.7 (I)(d)(Exceptions), I.A.C., 1976; and further, that said Architectural Firm shall obtain bids from 3 -vendors where possible, using the specification set forth in the document entitled "Furnishings and Equipment II" for Groups C, D, H, and J; and that procure- ments •F'or such Groups shall be by way of Purchase Orders and shall in no way exceed the remainder of the State Senior Center Funds Grant totaling $38,666, less bids accepted and awarded on June 26, 1979 by this City Council. The Finance Director is hereby directed to issue four purchase orders in an amount not to'exceed $6,504.36to execute purchase of audio equipment, visual equipment, stage equipment, and sewing equipment for the proposed Iowa City Senior Center. RESOLUTION NO. 7- --9 PAGE 2 It was moved by Perret and seconded by Roberts that the resolution as read he adopted, and upon roll call there were: Ayes Nays Absent x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 26th day of June Mayor ATTEST: City Clerk 1979. RFC.F.TPF,D S 1PPROV0 Ir LDGAL DEP T T. G a z9A PURCHASE ORDERS GROUP C -- Audio equipment for a total of $2,358.00 to be split as follows: 1. To Sutton TV of Iowa City in the amount of $675.00. 2. To Hagen's TV of Iowa City in the amount of $333.00 3. To West Music Shop of Iowa City in the amount of $1,350.00 GROUP D -- Visual equipment for a total of $667.78 to be split as follows: 1. To Pratt Educational Media of Cedar Rapids in the amount of $185.00. 2. To Henry Louis, Inc. of Iowa City in the amount of $482.78. GROUP H -- Stage equipment for a total of $2,295.00 to be split as follows: 1. To Pratt Educational Media of Cedar Rapids in the amount of $299.00. 2. To Frohwein's Office Supply of Iowa City in the amount of $1,996.00. GROUP J -- Sewing equipment for a total of $1,183.58 to be split as follows: 1. To Viking Sewing Machine, Co., of Minneapolis Minnesota in the amount of 11.112.00. 2. To Lenoch and Cilek Hardware of Iowa City in the amount of $71.58. IF9y J% RESOLUTION NO. 79-290 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 South Clinton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Roberts x Vevera x Passed and approved this 3rd day of July 19 79 Attest:(L[�l' City Clerk .�l • lcp! l./ /�71•r!l Mayor f/1?0 AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 3rd day of July 19 79 Attest:(L[�l' City Clerk .�l • lcp! l./ /�71•r!l Mayor f/1?0 RESOLUTION NO. 79-291 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Voss Petroleum Co., Inc. dba Discount Dan's Shell, 933 South Clinton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse x Erdahl Neuhauser x Perret x Roberts x Vevera x NAYS: Passed and approved this 3rd 19 79 Attest: rr C City Clerk ABSENT: day of Jul Mayo 77( RESOLUTION NO. 79-292 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 #80-88 through #80-98 It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X _ Passed and approved this 3rd day of 19 79 . Attest: �2( City Clerk Mayor July , CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 (Continued) 80-51 - Discount Dan's Shell, 933 South Clinton (Voss Petroleum Co., Inc.) 80-52 - Iowa Memorial Union (University of Iowa) 80-53 - Finkbine.Golf Course (University of Iowa) 80-54 - The Vine Tavern, 529 S. Gilbert (Jay E. Rarick and Terry G. O'Brien) 80-55 - Foxhead Tavern, 402 E. Market St. (David L. Alberhasky) 80-56 - Whiteway Super Market, 212 S. Clinton St. (McRo, Inc.) 80-57 - The Annex, Inc., 819 - 1st Ave. (The Annex, Inc.) 80-58 - Randall Mini Priced Foods, 1851 Lower Muscatine Road (Randall Stores, Inc.) 80-59 - John's Grocery, Inc., 401 E. Market St. 80-60 - Hilltop Tavern, 1100 North Dodge St. (Edna Eldeen) 80-61 - Drug Fair #9, 121 E. Washington St. (Drug Fair, Inc.) 80-62 - Imperial Refineries Corporation, 1854 South Riverside Dr. (Imperial Refineries Corp 80-63 - Dividend Bonded Gas, 302 South Dubuque Street, (George Ferdic) 80-64 - Watt's Food Market, 1603 Muscatine Ave. (Dale E. Watt) 80-65 - Applegate's Landing, 1411 S. Gilbert St. (Regal Vending) 80-66 - Big 10 D -X Service, 513 S. Riverside Dr. (Regal Vending) 80-67 - Rossie's Cafe, 329 S. Gilbert St. (Regal Vending) 80-68 - Hal & Dee's, 800 S. Dubuque St. (Regal Vending) 80-69 - Knights of Columbus, 328 E. Washington St. (Regal Vending) 80-70 - Sycamore Eating & Drinking Co., Mall Shopping Center (Regal Vending) 80-71 - Ken's Pizza, 1950 Lower Muscatine Road (Regal Vending) 80-72 - American Legion Post 17, 3016 American Legion Road (Regal Vending) 80-73 - Club Car Lounge, 122 Wright St. (Regal Vending) 80-74 - That Deli -That Bar, 325 E. Market St. (Regal Vending) 80-75 - Leroy Weekes V.F.W. Post 3949, 609 Highway 6 Bypass (Regal Vending) 80-76 - Senor Pablos, 830 - 1st Ave. (Regal Vending) 80-77 - Copper Dollar, 211 Iowa Ave. (Regal Vending) 80-78 - Ken's Hardware, Highway 1 West (Regal Vending) 80-79 - Lamplighter II, 1310 Highland Court (Regal Vending) 80-80 - Kane's Depot, 114 Wright St. (Regal Vending) 80-81 - Grand Daddy's, 505 E. Burlington St. (Regal Vending) 80-82 - Holiday Stationstore #92, Hwy. 6 & Rocky Shore Dr. (Cedar Falls Oil Co.) 80-83 - Pearson's Drug Store, Inc., 202 N. Linn St. (Pearson's Drug Store, Inc.) 80-84 - B.P.O. Elks, 637 Foster Road ( B.P.O. Elks #590) 80-85 - Riverside 66 Service, 1031 South Riverside Dr. (Paul Christian) 80-86 - 1st Ave. Kerr-McGee, 2229 Muscatine Ave. (Don -Jay Service, Inc.) 80-87 - Deadwood, 6 South Dubuque (James L. Strabala and Dorothy A.Strabala) 6' 80-88 - Applegate's Landing, 1411 S. Gilbert St. (Hawkeye Amusement) 80-89 - Maxwell's, 121 E. College (Great American Saloon Co.) 80-90 - H. P. Smith Co., 2000 Industrial Park Rd. (Canteen Food & Vending Service) 80-91 - K -Mart Store No. 4315, 901 Hollywood Blvd (Canteen Food & Vending Service) 80-92 - Owens Brush Co., Lower Muscatine Rd. (Canteen Food & Vending Service) 80-93 - Moore's Business Forms, South Riverside Dr. (Canteen Food & Vending Service) 80-94 - American College Testing Program, Inc., Hw. 1 & Interstate 80 (Canteen Food & Vending Service) 80-95 - Loyal Order of Moose, Iowa City Lodge No. 1096 (2910 Muscatine Ave.) 80-96 - Hamburg Inn No. 2, 214 N. Linn (David J. Panther) 80-97 - Needs, Inc., 18 S. Clinton 80-98 - Burger Palace, 121 Iowa Ave. (Stasi, Inc.) Y?3 r RESOLUTION NO. 79-293 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OR for Ramp B Block 64 Downtown Parking Facility 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 L21Ld ay of ,iuly , 1979, 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 deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 3rd day of ATTEST • City Clerk Jul 1979 Mayor Received a Approved By The Legal Department /9L' i _ _ 1 RESOLUTION NO. 79-294 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF the t,rk wash build!no . 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 bide 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 duly 19_7g. 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 31th day of i ly , 19 79 - Received $ Approved By The Legal Department 4a s 6-2p-2-!:� 89� Page 2 Resolution No. 79-294 It was moved by Balmer 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 DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 3rd day of JULY 1979, ATTEST: (?&- CITY CLERF MAYOR L 8796 RESOLUTION NO. 79-295 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF South Gilbert Street Improvement Pro.iect 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 plane, 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 $100,000. 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 bide for the construction of the above-named project are to he received by the Iowa Department of Transportation, at their offices in Ames, Iowa on the da of _ ct , 19, Thereafter, until 9:00 A.M. _14th y AiigD the bids will be opened by the Iowa Department of Transp6rtation , 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 August , 1979 Received A Appro ed By The Legal Department lPtSS 6-27-71 Page 2 Resolution No. 79-295 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: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 3rd day of ATTEST: 0(elzt; CITY CLEW Jul elf �'<��C" //,j., •rtr� MAYOR 1979. RESOLUTION No. 79-296 RESOLUPION AUTHORIZING AhUUMT TO AGREBUNT BLMVEIN TRE CITY OF IOWA CITY AND CARL WALKER AND ASSOCIATES, INCORPORATED, PURSUANT TO TERMS SEI' FORTH IN SECTION V, OOaMPENSATION FOR SERVICES. WHEREAS, the City of Iowa City and Carl Walker and Associates, Inc., entered into a contract on August 8, 1978 in order to provide design services for the Block 64 parking garage, which contract was duly executed and authorized by this Council. WHEREAS, Section V, "Compensation for Services" of said contract provides that the City will pay $81,000 for consulting services for performance of Phases A,B,C, and D described in the agreement and that such amount is based on a lump sum consulting fee to be bid within the first three months of 1979. WHEREAS, said section further provides that where the project is not bid during this period, that such lump sum fee on uncompleted phases shall be subject to renegotiation. WHEREAS, the consulting fee project has not in fact been bid during the first three months of 1979; and further, that renegotiation has been effected with Carl Walker and Associates, Inc., and that the parties have agreed to increase the base lucrp star from $81,000 to $89,000, and that the additional $8,000 shall be paid in Phase D (Bidding and Construction) based on percentage of actual completion. WHEREAS, all other terms of the agreement are and shall remain the same as set forth in the original contract. WIIEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: that the Agreement Amendment between the City of Iowa City and Carl Walker and Associates, Incorporated is herein incorporated in its entirety, and further that said Amendment should be and hereby is approved according to provisions set forth in Section V, Compensation for Services. BE IT F'UYMIER RESOLVED that the Finance Director is authorized to make payment of an additional $8,000 for purchase of consulting services, and that such payment shall in no way exceed $89,000, said increase to be paid in Phase D based on percentage of actual completion. BE IT FURTHER RESOLVED that all other provisions of the original contract are now and shall remain the same. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: I�F I? 111� Resolution No. 79-296 Page 2. AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of July , 1979. Mayor Attest City k BY 7"j, 1SGSL i::Ji:us,]rT �UU gir AGREEMENT AMENDMENT The City of Iowa City and Carl Walker and Associates, Incorporated, entered into a contract on August 8, 1978. The purpose of the contract was to provide design services for a 450 car parking garage on Block 64 in Iowa City. Section V, Compensation for Services, provides that the City will pay $81,000 for performance of Phases A, B, C, and D described in the agreement. It also provides that the lump sum consulting fee is based upon a bid date within the first three months of 1979. If the project is not bid in this period, the lump sum fee on the noncompleted phases of the contract is subject to renegotiation. The City of Iowa City and Carl Walker and Associates, Incorporated have negotiated an adjustment to the base fee from $81,000 to $89,000. This additional $8,000 shall be paid as part of Phase D based upon the percentage of completion of Phase D. All other contractual agreements in the original contract shall remain unchanged. The undersigned do state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: CARL WALKER AND ASSOCIATES: Mayor ATTEST: City Clerk STATE OF IOWA ) SS: JOHNSON COUNTY ) On this Jiff day of , 1979, before me, a Notary Public duly commissioned and Cqualified in and for said County and State, personally appeared Robert A. Vevera, Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregiong instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. Notary Public in aAp for Johnson County, Iowa STATE OF IOWA JOHNSON COUNTY On this undersigned, personally SS: a St4" day of a Notary Public appeared to me per o is I ly mown sworn, did say that they are the -2 - 1979, before me, the noun y and said State, and being by me duly respectively, of said corporation; that no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed and sealed on behalf of said c rporatI n by authority of its Board of Directors' and that the said and as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. flfotary Public in and for ohnson County, Iowa pT .\•pn CpyN qRY ,N N CLQ Fp '8 RECEIVED 6 APPROVED Vy TEE LEGAL MPARTiOWT qac RESOLUTION NO. 79-297 RESOLUTION ESTABLISHING POSITION BY PAY RANGE FOR CLASSIFIED PERSONNEL OF THE CITY OF IOWA CITY, IOWA FOR FY80 WHEREAS, the City of Iowa City, Iowa, employs certain personnel referred to as classified personnel, and, WHEREAS, it is necessary to establish salaries for the said classified personnel, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the classified employees shall receive as salary compensation that amount which is set forth after each respective title in the Administrative Pay Plan in lieu of all other fees and compensations, except as otherwise provided by law, and where an employee shall receive any fees for other compensation for services within the scope of his or her employment, he or she shall remit the same to the City Clerk for the City Treasury. It was moved by Balmer and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of July 1979. MAYOR ATTEST: rift CITY CLERK RESOLUTION NO. 79-298 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Don -Jay Services, Inc. dba 1st Ave. Kerr-McGee, 2229 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x Passed and approved this 17th day of Mayor Attest: l ) City Clerk July 19 79 RESOLUTION NO 79-299 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Don -Jay Services, Inc. dba 1st Ave. Kerr-McGee, 2229 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: � /' c. City Clerk Q ABSENT: 17th day of July , (� C/ 41/�0�/ Mayor 2 RESOLUTION NO. 79-300 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: William B. Kron, Jr. dba Bill's I-80 D -X, Route 2, Highway 1 & I-80 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this Attest: ! J_ City Clerk 17th day of July Mayor 19 79 RESOLUTION NO. 79-301 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is . hereby approved for the following named person or persons at the following described location: William B. Kron, Jr. dba Bill's I-80 D -X, Route 2, Highway 1 and I-80 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th 19 79 ABSENT: day of July , � �4 X.// ��z o �,::: /�� � � Mayor Attest:rzlzz,� ,,.c / ,-� City Clerk �?d RESOLUTION NO. 79-30L RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYCA'P3i3I1 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -Tor the following named person or persons at the following described location: The Field House, Inc. dba The Field House, 111 E. College Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and fonaard the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as rete adopted, and upon roT�cal1 there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July Mayor (Y' rAttest: � � � City Clerk ✓ 19 79 rD 81 C RESOLUTION NO. 79-303 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLE BE IT RESOLVED BY THE CITY COUNCIL OF IO&dA CITY, IOWA, that a Class�� Liquor Control License application is hereby approved l:or the following named person or persons at the following described location: The Great American Saloon Company dba Maxwell's, 121 E. College St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as re�a �e adopted, and upon—r—oll-calT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of -July o 19 79 Attest: City Clerk Mayor 0 RESOLUTION NO. 79-304 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: The Field House, Inc. dba The Field House, 111 E. College St. It was moved by Balmer and seconded by Neuh that the Resolution as rea e adopted, and upon rol ca t ere were: AYES: NAYS Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x 197 9 ABSENT: Passed and approved this 17th day of July Attest:r �LL.t_,B-C-!L—) City Clerk 1/ Mayor 9l0 RESOLUTION NO. 79-305 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: The Great American Saloon Co. dba Maxwell's, 121 East College it was moved by Ba]mer and seconded by Neuhauser that the Resolution as rea opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of Jul 197 9 . Mayor Attest: City Clerk 91/ lie's RESOLUTION NO. 79-306 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -Tor the following named person or persons at the following described location: George's Buffet, Inc.,312 Market St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as regia a adopted, and upon roIca�T there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July 19 79 Mayor Attest: Citv Clerk RESOLUTION N0. 79-307 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYC= BE IT RESOLVED BY THE CITY COUNCIL Or IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro— vTor the followingnamed person or persons at the following described ocation: Johnson County Post 2581, Veterans of Foreign Wars, 1012 Gilbert Ct. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as remTEe adopted, and upon—r-011—c--all there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July 19 79 Mayor Attest: City Clerk i ��3 RESOLUTION NO. 79-308 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: Johnson County Post 2581, Veterans of Foreign Wars, 1012 Gilbert Ct. It was moved by Balmer and seconded by Neuhauser that the Resolution as read e adopted, and upon rolI--call t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July 197 9 Mayor Attest: City Clerk �J '71y RESOLUTION NO. 79-309 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hawkeye Dairy Store, Inc. dba Hawkeye Dairy Store, 701 E. Davenport St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: Passed and approved this 17th day of July , 19 79 Attest: City Clerk Mayor RESOLUTION NO. 79-310 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Hawkeye Dairy Store, Inc. dba Hawkeye Dairy Store, 701 E. Davenport St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 17th _ day of i4 79 Attest: i /✓(iL-A City Clerk Mayor July , 916 AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th _ day of i4 79 Attest: i /✓(iL-A City Clerk Mayor July , 916 S RESOLUTION NO. 79-311 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 - permit Nos. 80-99 through 80-107 It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 17th day of July , 19 79 Mayor Attest:�alls", & /lam City Clerk l 917 CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-99 - Tuck's Place, 210 North Linn (James J. Tucker) 80-100 - Leo's Standard Service, 130 North Dubuque St. (Leo P. Lenoch) 80-101 - Towncrest Texaco, 2303 Muscatine Ave. (Regal Vending) 80-102 - Lon's Gas & Grocery, 105 E. Burlington (Lon Brown) 80-103 - Country Kitchen, 1401 S. Gilbert St. (Ronald L. Novak & Richard G. Bowers) 80-104 - V.F.W. Post 2581, 1012 Gilbert Court 80-105 - Pagliai's Pizza, Ltd., 302 East Bloomington St. 80-106 - The House of Submarines, 12 South Dubuque (Hawkeye Amusement) 80-107 - Rochester Ave. DX, 2233 Rochester Ave. (Robert E. Shank) RESOLUTION NO. 79-312 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persona at the following described location: The House of Submarines, Inc. dba The House of Submarines, 12 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as res a adopted, and upon ro call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl _9 _ Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of July , 19 79 Mayor Attest: City Clerk 9�9 �b 1((' RESOLUTION NO. 79-313 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: The House ofSubmarines, Inc. dba The House of Submarines, 12 South Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 17th day of 19 79 Mayor Attest: �"/ . C, '- �.r� City Clerk July , RESOLUTION NO. 79-314 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF Sunset Street Improvement 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 31stday of 197, 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 Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: NAYS: ABSENT: Passed and approved this BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA 17th day of July , 19 79 Mayor rya ATTEST: is / /��_ 1.i/.��------/ / Reeeived & Approved City clerk B Thee Legal p rtment Q -7P,7 -7q RESOLUTION NO. 79-315 RESOLUTION SETTING PUBLIC HEARING ON REVISED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF OOST POR TILE OONSTRUCTION OF TIME RIVER CORRIDOR SEWERS PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. WHEREAS, the River Corridor Sewers Project was let out for bids, but no bids were received. WHEREAS, the Council desires to propose revised plans, specifications, form of contract, and estimate of cost for the project, and to set the same for public hearing. NOW BE IT RESOLVED BY THE OOUNCIL 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 31 day. of July, 1979, 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 news- paper 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 Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17thday of July , 1979. Attest: LC ///� zl-e' " City Clerk Mayor �YRECFIVED & APFROYM 1 4115 7 D 1zl-L`tt� SOLUTION NO. 79-316 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY80 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 31stday of July , 19 79 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. Thai 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 Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 17th day of Jul 19 79 Mayor ya3 ATTEST: _ Pr, -r,...,_1 L L= = CityC1er BY c� 4 - RESOLUTION NO. 79-317 RESOLUTION RESCINDING RESOLUTION 79-295 AND APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF South Gilbert Street Improvement Project ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. IOWA: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That Resolution 79-295 be rescinded. 2. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 3. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $100,000 payable to Treasurer, City of Iowa City, Iowa. 4. 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. 5. That bids for the construction of the above-named project are to be received by the Iowa Department of Transportation, at their offices in Ames, Iowa, until 9:00 a.m. on the 14th day of August 1979 . Thereafter, the bids will be opened by the Iowa Department of Transportation , 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 August , 1979 . 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 DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS x VEVERA �a � Received & Approved B The Le _q Dgparfinenf Page 2 Resolution No. 79-317 Passed and approved this 17th day of July , 1979 Mayor ATTEST: City Clerk The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of certain street improvements in the corporation, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meeting that both written and oral objections would be received and considered by the Council at this time. written and oral objections were then received or heard and the Mayor declared the time for receiving of objections to be closed. After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed with the Council, pertaining to the proposed improvement as set out in said Resolution of Necessity as originally pro- posed. -2- ANLCRS. COONCY. DONWEILEP. HAYNIE N SMITH. LAWYCHS. DCS MOINCS. IOWA Deferral of Resolution of Necessity Council Member Neuhauser moved that Council action on said Resolution of Necessity, all objections made or filed thereto and all other matters related or incidental thereto be and are hereby deferred and continued to a meeting of this Council, to be held on the 17th day of July , 1979, at 7:30 o'clock P.M., at this place; that this Council retains jurisdiction of said Resolution of Necessity, objec- tions thereto, and other related matters for consideration and action thereon at said adjourned meeting. Seconded by Council Member Perret The roll was called and the vote was, AYES: Balmer, Neuhauser, Perret, Roberts, Vevera NAYS: None Absent: deProsse, Erdahl Whereupon the Mayor declared the Motion to defer action adopted. Adjourned Meeting The Council of the City of Iowa City, Iowa, met in regular session in the Council Chambers in the Civic Center at 7:30 o'clock P .M., on the 17th day of July w579. There were present Mayor, Robert A. Vevera in the chair and the following named Council Members: John Balmer, Carol deProsse, Clemens Erdahl, C. Neuhauser, David Perret, Glenn E. Roberts Absent: None The Mayor announced that this is the time set for deferred action on the Resolution of Necessity for the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), introduced on the 3rd day of July , 1979. After discussion of the Resolution of Necessity, objections and other related mat- ters, the following action was taken: -3- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA Council Member Neuhauser introduced the following Resolution entitled "RESOLUTION AMENDING RESOLUTION OF NECESSITY" and moved its adoption. Council Member deProsse seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl, Neuhauser, Perret, Roberts Vevera, Balmer, deProsse NAYS: none Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION N0. 79-318 RESOLUTION AMENDING RESOLUTION OF NECESSITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Resolution of Necessity introduced at a meeting of this Council held on the 3rd day of7u1� 1979, for the construction of the 1979 Street Improvements (Tanglewood Street - Ventura Avenue), be and the same is hereby amended by amending tAxtM)1W&t1Xxc therefrom the proposed improvements on the following streets or portions thereof, to -wit: Reduction of proposed assessment from $9,049.62 to $3,000, subject to City obtaining easement for permanent storm sewer as shown on detailed engineering drawings, for Aage & Evelyn Jensen, 2050 N. Dubuque , Lot 2, Yocum Subdivision of part of the north half of the NE and NW quarters of the NW', in Sec. 3-79-6W of the 5th P.M. -4- AHLERS. GOONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA 67 7 and further the preliminary plat and schedule of assessments for said project be and the same is hereby amended by making the following changes therein, to -wit: Amendment as above stated. PASSED A14D APPROVED, this 17th day of July , 1979. Mayor ATTEST: Clerk -5- AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA f";,7 RESOLUTION NO. 79-319 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE BLOCK 64 PARKING GARAGE - 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 price 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 bide 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 d..te established for the receipt of bids. 4. That bids for the conatruction 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 2:00 P.M. on the 6th day of September 19_a. Thereafter, the bide will be opened by the City Manager or his designee 'and thereupon referred to the Council of the City of Iocaa 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 Seotemb r _, 19,79 - yas Received & approved 8y TheLeal De rtment w( 177 19 Page 2 Resolution No. 79-319 It was moved by Neuhauser and seconded by Balmer that the Resolution as rea e a opts , and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 17th day of July , 1979. MA R ATTEST: C%TY" CLEJ ► 9a9 Council Member Balmer introduced the following Resolution entitled "RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION FUND", and moved its adoption. Council Member Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser, Perret NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-320 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF THE 1979 BDI SECOND ADDITION IMPROVEMENTS CONSTRUCTION FUND WHEREAS, the City of Iowa City, Iowa, has heretofore entered into contract or contracts for the construction of certain permanent street and sewer improvements for said City; and WHEREAS, said contract or contracts provides that pursuant to the provisions of Section 384.57 of the City Code of Iowa, payment to the contractor or contractors, and others, as the case may be, can be made in Construction Warrants: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That there be and is hereby established the 1979 BDI Second Addition Improvements Construction Fund, of the City of Iowa City, Iowa; and, the Clerk is hereby authorized to deliver Construction Warrants to the contractor or contractors, and others, for work performed in the construction of said certain permanent street and sewer improvements, which Fund shall consist of, and, into which there shall be paid all proceeds received from the collection of special assessments for said Project, and, all proceeds from the sale of special assessment and/or general obligation bonds applicable to said -2- AHLERS• COONEY. DORWEILER. HAYNIE& SMITH. LAWYER s. DES MOINES. IOWA 9�a L Res. No. 79-320 Project, and cash funds of said City, if any, that may be legally used for such purpose and allocated by the Council for said Project. BE IT FURTHER RESOLVED, that said Fund shall be maintained until all Construction Warrants, together with accrued interest thereon, have been refunded. PASSED AND APPROVED, this ATTEST: Clerk -3- 17th day of July , 1979. o ANLERE. GOONEY. DORWE ILEA. HAYNIES SMI TN. LAWYERS. DES MOINES, IOWA 1'3/ RESOLUPICN N0. 79-321 RESMMION AUMRIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a CONTRACT With ADS ADVERTISING - , a copy of said N RAS being at to s Reso u s reference made am�f, and, WHEREAS, the City Council deems it in the public interest to enter into Said CONTRACT WITH ADS ADVERTISING FOLLOWING TERMINATION OF THE CONTRACT WITH AERO SIGN COMPANY APRIL 26 1979 DUE TO NON-PERFORMANCE IN PROVIDING ADS FOR THE IOWA CITY TRANSIT SYSTEM. ADS ADVERTISING WAS THE SECOND BIDDER AT A MONTHLY RATE OF $42.00 OF WHICH THE CITY WILL RECEIVE $28.00 AND ADS ADVERTISING $14.00, PERMITTING EACH ADVERTISER ONE TRANSIT CARD TO BE PLACED IN EACH AND EVERY BUS OPERATED BY THE CITY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the CONTRACT With ADS ADVERTISING 2. That the City Clerk shall furnish copies of said CONTRACT to any citizen requesting same. It was moved by deProsse and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X V X X Passed and approved this 17th day of July 1979, Mayo' ATTEST: City Clerk $EC>;IYED 6 iPPRO BY 6 y�"l t 10 (- R �r� AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ADS ADVERTISING THE PARTIES 44 fC4 The parties to this Agreement are the City of Iowa City, Iowa, 410 E. Washington Street, Iowa City, Iowa (hereinafter referred to as "City") and ADS Advertising, an advertising business owned by Lorraine Sinnard, 1804 Sioux, Waterloo, Iowa 50702, (hereinafter referred to as "In -Bus Advertising"). PURPOSE The purpose of this Agreement is to provide a working document between the parties for the placement of transit cards for advertising purposes on the inside of the buses operated by the City's Transit System. TRANSIT CARDS SALES 1. The transit cards to be placed in the Iowa City Transit System buses will be 11" x 17" in size, placed horizontally. 2. Local advertising standards of good taste will apply to all advertising. 1. In -Bus Advertising shall be the sole and exclusive agent for the City in the promotion, sale, and placement of transit cards into buses operated by the City's Transit System. (18 buses currently, but to include 2 additional buses if added). 2. The City will allow In -Bus Advertising to place up to 20 cards into each of the buses operated by the City's Transit System. 3. Advertising may be placed by all advertisers on a first-come first -serve basis without regard to race, creed, color, age, sex, or national origin on a non-discrimination basis. 4. Advertising may be purchased by advertisers on a monthly or on an extended basis, but so as not to extend beyond October 31, 1979. ADVERTISING FEES 1. A fee of $42.00 per month will be charged to each advertiser for the placement of one advertisement. For the purposes of this paragraph, one advertisement shall mean the placement of one transit card for each advertiser into each and every bus operated by the City. 5�j? TERMS 2. In -Bus Advertising shall be responsible to the City for the collection of the placement fee from the advertisers. 3. Of each monthly placement fee of $42.00, In -Bus Advertising shall retain 33 1/3% for operating expenses,and shall remit to the City 66 2/3% no later than the 15th of each month for which an advertiser has placed an advertisement and provide a list of monthly advertisers. 4. For any of the 20 spaces that remain unused during any calendar month, neither In -Bus Advertising nor the City shall be entitled to a fee or any percentage thereof. 5. The transit cards will be placed and replaced during the hours of 5:30-6:00 A.M. and 10:30-12:00 P.M. by the personnel of In - Bus Advertising only. The City shall be obligated only to inform In -Bus Advertising of any transit cards that are damaged or need replacement for any reason. 6. The City shall retain the use of five (5) spaces for its own advertising and shall be permitted to use any other unsold spaces. 7. Public service announcements will be placed by the City free of charge up to a maximum of three (3) spaces per bus. The City may use any or all of its five (5) spaces for this type of message. 1. The initial term of this agreement shall be from July 1, 1979 to October 31, 1979. 2. This contract shall be renewed automatically for successive one year terms, and shall remain in effect until termination by either party upon 30 day written notification. Dated this day of 1979. ff THE CITY OF IOWA CITY, IOWA BY: /cGLc•�/2tL/L� Mayor ATTEST: dn ti APPROVED AS TO FORM: I�u B IN -BUS ADVERTISING: FYiN 9W AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ADS ADVERTISING THE PARTIES The parties to this Agreement are the City of Iowa City, Iowa, 410 E. Washington Street, Iowa City, Iowa (hereinafter referred to as "City") and ADS Advertising, an advertising business owned by Lorraine Sinnard, 1804 Sioux, Waterloo, Iowa 50702, (hereinafter referred to as "In -Bus Advertising"). PURPOSE The purpose of this Agreement is to provide a working document between the parties for the placement of transit cards for advertising purposes on the inside of the buses operated by the City's Transit System. TRANSIT CARDS SALES 1. The transit cards to be placed in the Iowa City Transit System buses will be 11" x 17" in size, placed horizontally. 2. Local advertising standards of good taste will apply to all advertising. 1. In -Bus Advertising shall be the sole and exclusive agent for the City in the promotion, sale, and placement of transit cards into buses operated by the City's Transit System. (18 buses currently, but to include 2 additional buses if added). 2. The City will allow In -Bus Advertising to place up to 20 cards into each of the buses operated by the City's Transit System. 3. Advertising may be placed by all advertisers on a first-come first -serve basis without regard to race, creed, color, age, sex, or national origin on a non-discrimination basis. 4. Advertising may be purchased by advertisers on a monthly or on an extended basis, but so as not to extend beyond October 31, 1979. ADVERTISING FEES 1. A fee of $42.00 per month will be charged to each advertiser for the placement of one advertisement. For the purposes of this paragraph, one advertisement shall mean the placement of one transit card for each advertiser into each and every bus operated by the City. TERMS 2. In -Bus Advertising shall be responsible to the City for the collection of the placement fee from the advertisers. 3. Of each monthly placement fee of $42.00, In -Bus Advertising shall retain 33 1/3% forloperating expenses and shall remit to the City 66 2/3% no later than the 15th of each month for which an advertiser has placed an advertisement and provide a list of monthly advertisers. 4. For any of the 20 spaces that remain unused during any calendar month, neither In -Bus Advertising nor the City shall be entitled to a fee or any percentage thereof. 5. The transit cards will be placed and replaced during the hours of 5:30-6:00 A.M. and 10:30-12:00 P.M. by the personnel of In - Bus Advertising only. The City shall be obligated only to inform In -Bus Advertising of any transit cards that are damaged or need replacement for any reason. 6. The City shall retain the use of five (5) spaces for its own advertising and shall be permitted to use any other unsold spaces. 7. Public service announcements will be placed by the City free of charge up to a maximum of three (3) spaces per bus. The City may use any or all of its five (5) spaces for this type of message. 1. The initial term of this agreement shall be from July 1, 1979 to October 31, 1979. 2. This contract shall be renewed automatically for successive one year terms, and shall remain in effect until termination by either party upon 30 day written notification. Dated this /f -,,a day of , 1979. THE CITY OF IOWA CITY, IOWA: BY: e &I eex Mayor Q ATTEST: / APPROVED AS TO FORM: P u L3 IN -BUS ADVERTISING: -1 /101-1q I 4�- RESOLUTION NO. 79-322 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN TILE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHHEFEAS, 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 Balmer and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS x Balmer x DeProsse x Erdahl X Neuhauser x Perret x Roberts X Vevera Passed and approved this 17th day of July , 1.979. ATPEST:i 1L /. Sty Clerk �} Mayor 4 �J Bi 'I_I. LEGAL DEFARTIdENT 7- 41- h AGREEMENT FOR TRANSIT SERVICES THIS AGREEMENT, made and entered into this llt�day of 1979, by and between the City of Iowa City and theCity'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 Citv of Iowa City and -the City of University Heights, as follows: Attest- Attest: 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 upon the signing of this agreement and shall continue for one year. 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 $11,820.00 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 prorate refund of said payment. V. This agreement shall be filed with the Secretary of thq State of Iowa and the County Recorder of Johnson County, Iowa. TY O,F IOWA CITY, I014A ty Clerk ORATE ORATE SEAL OF UNIVERS7YY HEIGHTS, IOWA BY: Mayor Attest WSW C— tty Clerk- lerk CORPORATE SLAL Agreement for Transit Services This a reement, made and entered into this % day of 49, 4 , 1979 by and between the City of Iowa City and the City of Uni eri ty 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 o, this state, may be exercised jointly with another public agency having such power, and Whereas, it is in the mutual interest of the part es to encourage the use of public transportation by residents of Iowa Cit and University Heights NOW THEREFORE it is hereby agreed by and betwy n the City of Iowa City and the City of University Heights, as follows: I. Scope of Services. The City of Iowa City shall provide ublic transit service to the City of University Heights. It is he eby 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�p/ a same level of service as residents of Iowa City who are served by tjfe same routes. II. Duration. The term of this agreemen agreement and shall contim III. Termination. This agreement may be either party. r IV. Compensation. shall commence upon the signing of this for one year. inated upon thirty days written notice by The City of University Heights agrees to pay $11,820for the provision• of public transit service as herein described upon the signing of this agreement. V. This agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITYaFW�JA/;CY , IOW CITY OF IVERSITY HEIGHTS, IOWA BY: 7�. BY: — MAYOR ATTEST: _ a e- ATTEST: CITY CLERK CITY CLERK .1marm a opitom BY TIM LEGAL AEIART�1:0? RESOLUTION No. 79-323 RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND VEENSTRA & KIMM WHEREAS, the City of Iowa Ctpy has awarded a contract to Veenstra & Kimm for River Corridor Sewers Project said contract egtered inrp on and, WHEREAS, ip is deemed that certain changes in the plans and specifications are necessary 4pe to construction changes. NOW THEREFORE BE IT MSOLVBD BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the contract dated entered into by the City of I049 City and- Veenstra & Kimm for the constryption of the River Corridor Sewers be amended as follows: 1. The project will require additional personnel because of it being divided'into 3 pieces. 2. This awndment wj11 increase the agreement from the previous fee of 282,4,22. The not to exceed figure will be $449,135.' This fee is grant eligible (75/05/20) and is subject.to the approval of EPA and IDEQ. 2. That the Mayor and City Clerk are hereby authorized and directed to execute an amendment to acid contract incorporating the above amendments. 937 Received & Approved B The Legal spa enf Page 2 Resolution No. 79-323 It was moved by Neuhauser and seconded by deProsse that the Resolution as rea e a opte , and upon roll ca t ere were: AYES: NAYS: ABSENT; x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 17th day of July , 1979. 6227-1 " // r' MAYOR ATTEST: rz,,JL, -- CITY CLERK/ THIRD AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND VEENSTRA & KIMM IVER CORRIDOR SEWERS WHEREAS, the City of Iowa City, hereinafter referred to as the City, has executed a Second Amendment to a contract with Veenstra & Kimm, Engineers & Planners, hereinafter referred to as the Consultant, with said Second Amendment providing for Step 3 engineering services for the River Corridor Sewers project, and WHEREAS, said Step I engineering services include the following specific elements: 1. General services during construction. 2. Resident review and construction staking, and WHEREAS, said City held a letting for said Project on June 28, 1979, and WHEREAS, no bids were received for said Project, and WHEREAS, said City has elected to modify the plans and specifications and readvertise for bids' at the earliest possible date, and WHEREAS, said modifjcations to the plans and specifications will include separating the Projgct into three (3) divisions, -and WHEREAS, separating the Project in.tp three (3) divisions will require work by the Consultant in addition to that provided for in said Second Amendment, and WHEREAS, hourly wagers to be paid by the Consultant over the course of the Project should be adjusted to meet future wage requirements. NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the amended contract be further amended by this Third Amendment, by making the following deletions and additions: ' " Under VIII. COMPENSATION FOR 'STEP 3 SERVICES, delete paragraphs E and F, and substitute the followi,ng:' E. The fees of the Consultant shall be based on the costs of (1) Direct Labor, (2),indirect Costs, Which constitute allowable overhead, (3) Other Indirect Cdsts, which'coh§titute expenses of the Consultant, and (4) a Fixeo Fee'Mi'ch is,a.percentage of the sum of (1), (2) and (3). For purposes of this'Third Amendment, Indirect Costs (overhead) have been established at 125% bf Direct Labor. It is understood and agreed by the parties hereto that the ratio of 125% is subject to upward or downward adjustment OHring"the course of the Project, or after Project completion, depepdjng;'upon the results of an audit, or audits, of the operatiogs�of the Consultant by the Audit Division of EPA, Regioq VII. ,Followigg`soch audit, or audits, the fees paid, or to be paid;"'wil] be,adjusted'accordingly. -1- %39 F. The maximum actual costs and the fixed fees shown on Forms 5700-41, shall be as follows: (1) For general services during construction, the maximum amount charge ole under this Third Amendment for the actual costs incurrd.d for direct labor, indirect costs and other direct costs, but excluding the fixed fee, is SEVENTY-FOUR THOUSAND, ONE HUNDREp NINETEEN AND NO/100 DOLLARS ($74,119.00). The fixed fee for general services uring construction is ELEVEN THOUSAND, ONE HUNDREjl EIGHTEEN AND 0( 100 DOLLARS ($11,118.00). (2) For resident review and' construction staking, the maximum amount chargeable ,undor this Third Amendment for the actual costs incurred r.�cludl,ng direct labor, indirect costs and other direct costs j's ((IREE HONDR�,p SIffX EN THOUSAND, FOUR HUNDRED THIRTY,THREE ANN NO/1.00 DOLLARS ($316,433.00). The fixed fee for residggt rhview and 'construction staking is FORTY-SEVEN THOUSAND, FOUR HUNDRED SIXTY-FIVE AND NO/100 DOLLARS ($47,465.00). G. The Consultant is to be compensated only for the Step 3 services specifically set forth herein. No other compensation will be due the Consultant." Delete the paragraph relative to Appepdix C-1 in the Second Amendment and substitute the fallowing: "The provision$ of the latest edition of Appendix C-1, required by 40 CFR 35.937-9(c), �gted Septemhpr,27, 1978, and attached hereto, are hereby incorporatedy reference dpd;.made�a part hereof and shall be adhered to by the Consultant. The undersigned do hereby covenant and state that this amendment is executed in duplicate as thoNgh each,iere pp original, and that there are no oral amendments that have not been reduced tg,writing'in this instrument. It is further covenanted anj stated that there are no other considerations or monies contingent upon or resulting from the execution of this amendment nor have any of the abgve been"7m lied hy,or for apy party to this amendment. Dated this ZZA da,� df,� 1979. CITY OF IOWA CITY By -mayor & KIMM - t ATTEST: By City Clerk A -2- v �yd Arrr:NFlx C-1—iiE4ura M Pnovlstons— CONSULTrNG ENGINlarurvc Acru L%NT4 1. General 2. Responsibility of the Engineer 3. Scope of Work 4. Changes 5. Termination 6. Remedies 7. Payment 8. Project Design 9. Audit; Access to Records 10. Price Reduction for Defective Cost or Pricing Data 11. Subcontracts 12. Labor Standards 13. Equal Employment Opportunity 14. Utilization of Small or Minority Rpst- ness 15. Covenant Against Contingent Fees 16. Gratuities 17. Patents Is. Copyrights and Rights In Data I. GENERAL (a)The owner and the engineeragree hat the following provisions apply to the �PA grant -eligible work to be Performed upger this agreement and that such provisions 5u -i persede any conflicting Provisions of ¢)usl agreement. (b) The work under this agreement Is' funded In part by a grant from the U.& [ n- vlronmental Protection Agency. Neither the United States nor the U.S. Environmental Protection Agency (hereinafter. "EPA") is a party to this agreement. This agreement which covers grant -eligible work Is supiect to regulations contained to 40 CFR 35, 36, 35.937• and 35.939 In effect on the date, of execution of this agreement. Asuscri in these clauses• the words "the date o1,e �PCU, tion of this agreement" mean the date of execution of this agreement and any splice. quent modlftentlon of the terms. COMIM se - Lion or scope of services pertinent to u)ldor. formed work. (c) The owner's rights and remedies pro. vided in these clauses are In addition Lq'pny other rights and remedies provided by law or this agreement. 9. RMrONSIUZUTY Or THE ENGINEER (a) The engineer shall be responsible for the professional quality, technical accuracy. timely timely completion, and the coordlnatl I of all designs, drawings, specifications, reports, and other services furnished by the Ctull- neer under this agreement. The engjhper shall, without additional compensation, cor- rect or revise any errors, omra910na, or other deficiencies In his designs, drawings, spFdfl- catlmLs, reports, and other services. o (b) The engineer shall perform such ro- fessional services as may be necessary 1CI ae- oampllsh the work required to be Perinrd fv under this agreement. In accordance th this agreement and applicable EPA regpfrq, menta In effect on the date of executi6p of this agreement, (e) The owner's or EPA's approval of drawings• desiuns. spedficatlons, refIcgrts, and Incidents[ engineering work or mgterl- als furnished hereunder shall not iq,.fpry way relieve the engineer of responsilltlICY for Elle technical adequacy of hts work. net. Lher the owner's nor EPA's review, apPrrival or seceptatnee of, nor payment for, ani of the scrvices shall be construed to opergtp as a waiver of unY rlahts under this agree) ent or of rmY cause of action arising Out orEhe performance of this agreement .. (d) The engineer shall be and shall remahl liable. In accordance with applicable lat"A,''Yor all damages to the owner or EPA caused. by the engineers negligent performance df µal' ,1 r of the servile" furnished under this agree- ttgOent, except for errors, omissions or -other Qdficienclea W the extent attributable to the Owner, owner-furzilShod data or any third Rnr Ly. The engineer shall not be responsible Jor any time delays In the project caused by Ircumstancts beyond the englneeer's con. rel. Where Innovative processes or tech- niques (sce 4o CE1R 35.908) are recommend. ed by the,enginper and are used, the engl- icer shall bo liable only for grass negligence to Ile extent of such use. s. SCOFT or WORK The services 0 be performed by the engl- peer shall Inclpde all services required W complete the task or Step in accordance with applicable EPA regulations (40 CFR Part 33. Subpart E In effect on the date of execuLiop of this agreement) to the extent of Itiq",Scope of Work as defined and set out In the engineering services agreement to wrhlptl these prpylshms are attached. 4. CHANOFA fa)hc owner may, at any time, by wrlt- tep,br scar, make changes within the general scope of this agreement In the services or work to be performed If such changes cause an increase or decrease M the engineer's cost of, or time rp9Nlreq for, Performance of play services. 3rpdbr this afreemppl, whether on not changed b� anY.grder,.op equitable pdttistm)lnt 4ha4f' be [Wade rend this aeree. ttlent shell berp tlglfjc. M writing %acara)ng- Iv. The enalne!er must assert. anv clnlm for by tjiO before (.lie dufe.gf final Payment finder ll {jtla•PK7'eemot.. , tpp) ��jjjjogFt�Yces •'(bf w)lfch, a{1 'additional godipe't}sa[lorl Will be chirped, by''the engl- peer sh4!'1• 4 f hrhlsiped`wfthout the written apport3Cdtlon of the owrnpri • 'r, (c) IV Eig �4verjt that theca is a mottlftpa- Pod q E .A requlrpments Felating to the services to be-p'gyfdrincd under this apTe. Ment after the dRtc of execNltpn� pf this agpCmopt, the (perensed or depreaspq cast Of Performimce jjIt{{ the sprvlces�provldcd for I(1 thio, agf'eOiiletii $haU be renCCl.gd,•jn an hPPf�PTI44e mglllftpytlpp of LhN aergemcnt. to) Etl'I+hr party may termlpa.te' this agree. mem. brf.whtljte f'tfr`pxt,, In wrRing, If the Pvwvi Party substantl�Ely4afls'1d'fUlfUl Its obllgatlgnarpndot"16 3l ilgreenlent. through eftgcted unless A less than ten otice (delivered dpt reques Led) t aq-l{pporlunL IQ, terminating (bl The Owner +ttgy :terminate this agree- mer gree- me It 4n'wnole or In part. in writing, for Its convonlence, If thq termbui )on Is for good cause (such as for legal or fln:mclal,rvasulls, major Changan fttc WOW Pr prggripl re- gylremf-ri trait Rion of a nepI step) and the engineer Is given (i) nqt Elias than Len (10) eaiopdar etas written notleo (4t,11vcred by opr1ified matt, retupnlrecolpt reyugr-,tpd) of 4hcigy[1�!.rtgrnllnatqs for default, an fie B ljilgimedt tri the price provided hls'Itgreempnt shall be made, but (1) hint shall be allowed for anticipated on t1roerformed services or other work, and (2) any payment due to the engi- neer at the time of terminallon may be ad- justed to Elie 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- ience, the equitable adjustment shall In- clude a reasonable profit for services or other work performed. The equitable ad- Justment for any LerminaLlon shall provide for payment to the engineer for services rendered and expenses Incurred before the terminatlon, In addition to termination set. tlement costs the engineer reasonably Incurs relating to commltments which had become firm before the LerminaLlon. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the engi. neer shall (1) promptly discontinue all ser- vices affected (unless the notice directs oth. erwise), and (2) deliver or otherwise make available to the owner all data, drawings, apeclficatlons, reports, estimates, summar- les, and such other Inlormatlonrand materi- als as the engineer may have accumulated In oerforming this agreement, whether com- pleted or In process. (e) Upon termination under paragraphs (a) or (b) above, the owner may take over the work and prosecute the same to comple- tion by agreement with another party or otherwise. Any work the Owner takes over for completion will be completed at the owner's risk, and the owner will hold harm- less the engineer from all claims and dam- ages arising out of Improper use of the engi- neer's work. (D If, after termination for failure of the engineer to fulfill contractual obllgatlom, 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 (c) of this clause pro- vides. a. R£MEpi Bs Except as this agreement otherwise pro- vides, all claims, counter -claims, 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. 7. 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 provlstom 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. When such progress payments are made, the owner may withhold up to ten (10) percent of the vou- chered amount until satisfactory completion by the engineer of work and services within a step called for under this agreement. When the owner determines that the work under this agreement or any specified task hereunder is substantially complete and Chat 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. FEDERAL REGISTER, VOL 43, NO, 188—WEDNESDAY, SEPTEMBER 27, 1978 (e) No payment request made under pnra. graph (a) or (b) of this clause shall exceed the estimated amount and value o[ the work and services performed by the engineer under this agreement. The engineer shall prepare the estimates or work performed and shall supplement them with such sup- porting data as the owner may require. (d) Upon satisfactory completion of the work performed under this agreement, as a condition precedent to final payment under this agreement or to settlement upon Terrill - nation of the agreement, the engineer shall execute and deliver to the owner a release of all claims agalnst the owner arising under or by virtue of this agreement. other than such claims. If any. as may be specifically exempted by the engineer from the oper- ation of the release In stated amounts to be set forth therein. U, PROJECT DESIGN (a) In the performance of this agreement, the engineer shall, to the extent practicable, provide for maximum use of structures, ma- chines, products, materials, construction methods, and equipment which are readily available through competitive procurement, or through standard or proven production techniques, methods. and processes, consist- ent with 40 CFR 35.936-3 and 35.936-13 In effect on the date of execution of this agree- ment. except to the extent to which Innova- tive technology may be used under 40 CFR 35.908 In effect on the dale of execution of this agreement. (b) The engineer shall not. In the perform- ance o1 the work under this agreement, pro- duce a design or specification which would require the use of structures. machines, products, materials, construction methods. equipment. or processes which the engineer knows to be available only from a sole source, unless the engineer has adequately justified the use of a sole source In writing. (c) The engineer shall not. In the perform- ance of the work under this agreement, pro- duce a design or specification which would be restrictive In violation of sec. 204(1)(6) of the Clean Water Act. This statute requires that no specification for bids or statement of work shall be written in such a manner as to contain proprietary. exclusionary, or a]3 - criminatory requirements other than those based upon .performance. unless such re. qulrements are necessary to test or demon- strate a specific thing, or to provide for nec- essary interchangeability of parts and equipment, or at least two brand names or trade names of comparable quality or utility are listed and are followed by the words "or equal." With regard to materials, N a slnele material is specified, the engineer must be prepared to substantiate the basis for the selection of the material. (d) The engineer shall report to the owner any sole source or restrictive design or spccl- ficatlon giving the reason or reasons why It Is necessary to restrict the design or specl(I- catlon. (c) 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 which is, listed by the Director of the EPA Office of Federal Activities under 40 CFR Part 15. a. AUDIT: ACCESS TO RECORDS (a) The engineer shall maintain books, records. documents. and other evidence di. reclly pertinent to performance on EPA grant work under this agreement In accord. ance with generally accepted accounting principles and practices Consistently ap. plied, and 40 CFR 30.605, 30.805. and 35.035- 7 In effect on the date of execution of this agreement. The engineer shall also main. tain the financial Information and data used by the engineer In 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 owner. 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 authorized representatives shall have access to such boobs, records, documents, and other evi- dence for inspection, audit, and copying. The engineer will provide proper facilities for such access and Inspection. (b) The engineer agrees to Include para- graphs (a) through (e) of this clause In all his contracts and all tier subcontracts al. rectly related to project performance that are In excess of $10,000. (c) Audits conducted under this provision shnll be In accordance with generally ac- cepted auditing standards and established procedures and guidelines of the reviewing or audit ageney(les). (d) The engineer agrees to the disclosure of all Information and reports resulting from access to records under paragraphs (a) and (b) of this clause, to any of the agencies 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 doc- umentation on the pertinent portions of the draft audit report and that the final audit report will Include written comments of rea- Bonable length. If any. of the engineer. (c) The engineer shall maintain and make available records under paragraphs (a) and (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 ar6s- Ing out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made avalla. ble until 3 years after the date of resolution of such appeal, litigation, claim, or excep- tion. 10. PRICE REDUCTION rOR D=CTSvE COST OR PRICING DATA (This clause is applicable U the amount of this agreement euceeds $100,000.) (a) If the owner or EPA determines that any price. Including profit. negotiated In connection with this agreement or any Cost reimbursable under this agreement was In. creased by any significant sums because the engineer or any subcontractor furnished In. complete or Inaccurate cost or pricing data or data not current as certified In his ecrtlfb cation of current cost or pricing data (EPA form 5700-41), then such price, cost, or shallprofit be agreem ntshall becmodified accordingly lthe writing to reflect such reduction. (b) Failure to agree on a reduction shall be subject W the remedies clause of this agreement. (Nolo.—Since the agreement is subject tO reduction under this clause by reason of de. feci(re war or pricing data submitted in connection with certain subcontracts, the engineer may wish to include a clause in each such subcontract requiring the subcon- tractor to appropriately indemnify the engi- vicer. If is also erpected that any subconfrac for subject to such indemnification will gen- eraliy require substantially similar indemni- fiCahon Jor defective coat or pricing data re- quired to be submitted by his lower tier sub- contractors.) 11. SUBCONTRACeS (a) Any subcontractors and outside asso- claim or consultants required by the engi- neer In Connection with services under this agreement will be limited to such Indlvid- uals or firms as were specifically Identified and agreed to driring negotiations. or es the owner specifically authorizes during the performance of this agreement. The owner must Hive prior approval for any substitu- tions to or additions to such subcontractors, associates, or Consultants. (b) The engineer may not subcontract ser- vices In excess of thirty (30) percent (or — percent. If the owner and the engi. neer hereby agree) Of the Contract price to subcontractors or Consultants 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 subject to the following labor standards provisions. to the extent applicable: (a) Davis -Bacon Act (40 U.S.C. 276a - 270a -7); (b) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333); (c) Copeland Anti -Kickback Act (18 U.S.C. 874); and (dl 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- tion of this agreement. 13. rQUn R4PLOYMta1r OPPORZONITL' In accordance with EPA Policy as ex- pressed In 40 CFR 30.420-5, the engineer agrees that he will not discriminate against qtly employee or applicant for employment because of race, religion, color, sex, age, or national aright. ' 14. UTILLUTIOn Or SMALL A" MTNORIT'Y BUSINESS In accordance with EPA policy AS ex- pressed In 40 CFR 35.936-7, the engineer agrees that qualified small business and mi- nority business enterprises shall have the maximum practicable opportunity to par- ticlpnte In the performance of EFA grant - assisted contracts and subcontracts. 15. COVENANT AEAINSr CONTSNOTJrr yrrs The engineer warrants that no person or selling agency has been employed or re- tained to solicit or secure this contract upon an agreement or understanding for a com- mission, percentage, brokerage, or Contin- 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 discre. tion to deduct from the contract price or consideration, or otherwise recover. the full amount of such commission, percentage, brokerage. or Contingent fee. 16. GRATUITIES <al 11 It Is found. after notice and hearing. by the owner that the engineer. Or any of FEDERAL REGISTER, VOL 43, NO. 188—WEDNESDAY, SEPTEMBER 27, 1978 the engineer's agents or representatives, of- fered or gave gratuities (In the form of em ter Lainment, gifts, or otherwise). to any offi- cial, employee. or agent of the owner. of the State, or of EPA In on attempt to secure a contract or favorable treatment in award. Ing. amending. or making any delermina- LIOn7 related to the performance of this agreement. the owner may. by written notice Eo the engineer, terminate the right of the engineer TO proceed under this agree- ment. The owner may also pursue other rights and remedies that the law or this agreement provides. However, the existence of the facts upon which the owner bases such findings shall be In issue and may be. reviewed In proceedings under the remedies clause of this agreement. (b) In the event this agreement is fermi. nated u provided In paragraph (A) hereof, the owner shall be entitled: (1) To pursue the same remedies against the engineer as 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 to which it may be entitled by law, to exempla. ry damages In an amount (as determined by the owner) which shah be not less than 3 nor more than 10 times the costs the engi- neer Incurs In providing any such gratuities to any such officer or employee. 17. PATYNCS If this agreement Involves research, devel. opmental. experimental, or demonstration work and any discovery or Invention arises or Is developed In the course of or under this agreement, 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 date of execution of this agreement, Including appendix E of part 30. In such case, the engineer shall report the discovery or Invention to EPA directly or through the owner, and shall otherwise comply with the owner's responsibilities in accordance with subpart D of 40 CFR part 30. The engineer agrees that the disposition of rights to Inventions made under this agreement shall be in accordance with the terms and conditions of appendix D. The en. gineer shall Include appropriate patent pre- visions to achieve the purpose of this condi- tion In all subcontrnets Involving research, developmental, experimental, or demonstra. Lion work. 18. COPYRIGHTS AND RIGI TS IN DATA (a) The engineer agrees that any plans, drawings, designs, specifications, computer programs (which ere substantially paid for with EPA grant funds), technical reports, operating manuals. and other work submit- ted with a step 1 facilities plan or with a step 2 or step 3 grant application or which are specified 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 United Stales, as set forth In subpart D of 40 CFR part 30 and In appendix C to 40 CFR part 30. In effect on the date of excen. Lion 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" as used In appendix C refers to the engineer. If the material is co. pyrightable, the engineer MAY copyright it, as appendix C permits, subject to the rights In the Government In appendix C. but the owner and the Federal Government resen'e a royalty -free. nonexcluxlve, and Irrevocable license to reproduce, publish, and use such materials. In whole or In part. and to autho- rize others to do so. The engineer shall In. clude appropriate provisions to achieve the purpose of this condition In all subcontracts expected to produce copyrightable subject data. (b) All such subject data furnished by the engineer pursuant to this agreement are In. struments of his services In respect of the project. It Is understood that the engineer does not represent such subject data to be suitable for reuse an any other project or for any other purpose. If the owner reuses the subject data without the engineer's spe- cific written verification or adaptation, such reuse will be at the risk of the owner, with- out liability to the engineer. Any such ver- ification or adaptation will entitle the engi- neer to further compensation at rates agreed upon by the owner and the engineer. FEDERAL REGISTER, VOL 0.7, NO. 188—WEDNESDAY, SEPTEMBER 27, WIT OR PRICE SUMtdA'RY FORMAT FOR SUBAGREEMEII'fS UNDER U.S. EPA GRANTS Form Appro-ed COST (See accompanying instructions hr�JAr,G. €41Rp)rting this form) H OUR No. 153- 0i4! PART II -GENERAL _ '. GRANTEE CITY OF IOWA CITY, IOWA 2. GRANT NUMDER C190830 02 RE ISED N ]. NAME OF CONTRACTOR OR SUBCONTRACTOR 0. DATE OF PROPOSAL July 10, VEENSTRA & KIMM, Engineers & Planners Deeembe r-227-1976 1979 5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include 21P code) G. TYPE OF SERVICE T O BE FURNISHED- 300 West Bank Building Step 3 Engineering Services 1601 22nd Street River Corridor Sewers West Des Moines, Iowa 50265 General Services During Construction REVISED PART II -COST SUMMARY ESTI- 7. DIRECT LABOR (Specify 10b0f c.ro(lorlae) HOURS MATED HOURLY ESTIMATED ' RATE COST TOTALS See Attachment 1 s $ ,W V 4%0"W". +7� � ' .. ' DIRECT LABOR TOTAL 29.219 ESTII %S—s f F�tI,jh.'lf E. INDIRECT COSTS (5peclly mdlr.cl coal pool.) RATE BASE= i Direct Labor Pool 1 2S s s 36 59 z_52��`'y f U INDIRECT COSTS TOTAL if.;.� I-;,"�f=?, ��y�ui��l' 7s��n'`'�'S`i� - Y� S 36 599 9. OTHER DIRECT COSTS�•�}� �z �I ESTIMATED }�!'�yj fit, "i Kit G. TRAVEL COST I TRAN]POPTwTION Vehicle Mileage 8 4 536 "�rtiK ��eT*rm. S 1 305y�'[�'1()I (hn (2) PER DIEM TRAVEL SUBTOTAL: 841 yIf TED ESTIMATED ; b. EQUIPMENT, MATERIALS, SUPPLIES (Spoc Ny e.l09000e) QTY COST � t r i •.k q ' Copying,Printing and Du licatin s LS s 40 '' Tele hone LS 2,000Ar�( �,(n°�,' EQUIPMENT SUBTOTAL I :•:3ti �-.. T-f�'•= +e2 4nn e. SUBCONTRACTS ESTIMATED" COST SUBCONTRACTS SUBTOTAL: i)Y A; i d. OTHER (Sp.cHy ce lcgorl.e) ESTIMATED COST I1l,"=` 1 All, 5I r%1a.. ala OTHER SUBTOTAL: I .!OTHER DIRECT COSTS TOTAL:' "t.`:.: �i ';�,..:�•;.}S.-�.., ;: �+ �(�.___�- 741. 19— 10. TOTAL ESTIMATED COST �s 11118__ 11. Fixe Fee Ix. TOTAL PRICE EPA Form 5700-41 (7-76) PACE 1 OF 5 j FoRR .1pn ;..d Olen rr.. I +-rprad PART III -PRICE SUMMARY 13, COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PRICE(S) PPUr'O'•^O r'I,I^r (Indic.(. 6.0e for prlco compnrle.n) Sr?T 'V wa S,Yuiy'y ¢i',43Sa ,f}"j11tr jN ..! f Y4.A��rh •,T }F /C v1 I-M� ' ..ti .. ,1:. O ✓ 1 6J} wri f T 1' r «.,sT;e. .,'tea. •,. + .r,..nv. - L` --•— ' PART IV -CERTIFICATIONS ' 14.CONTRACTOR Veenstra & Kimm, Engineers & Planners IAa. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHSr ACCOUNTS OR RECORDS IN CONNECTION WITH ANY YES Q NO (ff "Y..•' give nom. eddrosi and lolephdn0..b.r.f r0F1.wIng offlc.) EPA Region VII , Audit Division Kansas City, Missouri (816-374-5342) 14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES " 41 CFR 1-15.4 Ellis proposal is submitted for use in connection with and in response to (1)_ re GUeSt by the_, City of Iowa City, Iowa . This is to certify to the best OF my knowledge sud belir:f That the cost and pricing data summarized herein are complete, current, and accurate as of • I July 10, 1979 and that a financial manavement Capability exists to fully and accu- — :Dtdyaccount foclhe [inanciEL transactions unrier this project. i further certify that I_u erstar.d that the rat subagreemenf*price may be sui,ject to downward renegotiation and/or recoupmynt where the above cost and pricing date have been determined, as a result of an not t hav c mplete, guirent and aC(:•irate as of the date above. . - (3) July 10, 1979 .' DATE OF EXECUTION" smm GN U OF 05 Partner TITLE OF PROPOSER ' 14. GRANTEC REVIEVEn os /price ap ear I certify that 1 have reviewed the cust/price summary set fo77=4' acceptable for subngreement award. A �� l a rese ati` ve O TE OF E ELUTION SIGNATURE OF REVIEWER TITLE OF REVIEWER 16. EPA REVIEWER (11 cppflc.ble) _ DATE OF EXECUTION SIGNATURE OF REVIEWER TITLE OF RCVIEb ER EPA F.,. 3700 -Al (3.76) ATTACHMENT 1 (REVISED) to EPA Form 5700-41 (2-76) Iowa City, Iowa River Corridor Sewers EPA Project No. C190830 02 GENERAL SERVICES DURING CONSTRUCTION 7. DIRECT LABOR (specify labor categories) Estimated Hourly Estimated Hours Rate Cost Management Supervision 259 $22.00 $ 5,698 Construction Engineer 556 17.50 9,730 Project Engineer 237 13.00 3,081 Design Engineer 61 12.00 732 Assistant Construction Engineer 121 12.00 1,452 Draftsman 219 10.00 2,190 Technician 433 - 8.00 3,464 Executive Secretary 59 9.00 531 Secretary 241 7.00 1,687 Clerk 119 6.00 714 DIRECT LABOR TOTAL $29,279 COST OR PRICE'SUMMA'RY FOKMAT FOR SUBAGREEMEIIiS UNDER U.S. EPA GRANTS Form/ppro •crt (See accompanying instructions 66cc or comploting this form) MO OMB fvo. 153-NO!.f _ PART I-G.=.NERAL I. GRANTEE CITY OF IOWA CITY, IOWA Z. GRANT NUMBER C190830 02 2. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL VEENSTRA &-KIMM, Engineers & Planners Juse-26;-1978 July 10,1979 S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP coda) G. TYPE OF SERVICE TO BE FURNISHED 300 West Bank Building Step 3 Engineering Services 1601 22nd Street River Corridor Sewers West Des Moines, Iowa 50265 Resident Review and Construction Staking REVISED PART 11-COST SUMMARY _ ESTI- I 7. DIRECT LABOR (Specify labor categoric.) MATED HOURS • HOURLY ESTIMATED RATE COST T o PALS Manager 485 s 10.00 $ 34 850 r P.M.onstruction rer,�s. lg, 9.00 62.730 .� e l Surve Chief 5"796 9.5.�0 7 084`)x"+x�gIra�' Helpers Survey0 ry�Nry,(i MAT ' DIRECT LABOR TOTAL '"1�,'• .=;4 � b�_ . . '!. s 110,460 lndlrec! cost x BASE = ESTIMATED,SIi,�(AMS'i8��.,Wj�,�x-,�ry.�. INDIRECT COSTS (Spec)fy pools) COST Direct Labor Pool 1.25 5 110,460 $ 138,075 JrL' INDIRECT COSTS TOTAL A';^'" ,75 9. OTHER DIRECT COSTS wd� ESTIMATED 0. TRAVEL COST ki•�Y^v '1 ))TRANSPORTATION s 15'400 .n fe. j RF}I'y'S�'%yjd' Ieraj`.✓,Y (Z) PER DIEM ✓.}�KZ I 69 TRAVEL SUBTOTAL. `y ri t) 1�`I b I41I¢�1i M["hila efi;F,': k08 JT.!t,'.;'1;n. r ESTIMATED i �� ( rt i t Inc -r t}tc`r,t:: �NNY�y5 b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories) QTY COST COST ;{{(( t• ate' 4 'It k iTf�l`W+• Construction Stakes and Materials LS Telephone LS 1,000 EQUIPMENT SUBTOTAL. , i'=:t�5,: ,. y„ ..w...�...«, ,.t w:• DDDD '75 }jaY! 1(> e. SUBCONTRACTS ES21 AT COST ;iYflji iyti a, S [� jx't}'•"�� t4r}C• SUBCONTRACTSSUBTOTAL: E +d f"�oNa�,i'+1�1,,r4• d. OTHER (Specify esregorlea) ESTIMATED COST IsJ (., }s u• V4"SrFF `k L, •�.5`^� OTHER SUBTOTAL: i ' _ �;, = 7.'Ki".{;, b c.l OTHER DIRECT COSTS TOTAL I`t�i' '�+i'y�t i-.I n, �.` _ ,. :'i�t�'e S 67 898 _ "- 10. TOTAL ESTIMATED COST S 316,433_- 11• F&KA Fixed Fee ps 47�465_- 12. TOTAL PRICE _898 _ P63,898 n�r.a 1 nr i E FA Form 5700.41 (2.76) r�:-rpraa PART III -PRICE SUMMARY 13 COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES, PRIOR QUOTES MARKET PO.gOI+O•o (lndicme bnale Im Prlce compminan) PRICEISI t rMSY•• ,r r,!'t,Xr�'-itiv6r - — • _':v::'S..,,. f , 1 «< , r r:t; r. a.:;, �,k1 E';Qj..�»°- l f.: J: �i .Y;. a4aS'iu.> h�'.->ti"d�,,fs..{fl $ �L-iE�UzM ' PART IV -CERTIFICATIONS ' IM.CONTRACTOR Veenstra & Kinlm, Engineers & Planners lac. 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 MONTIIS? YES Q NO (II "Yee" glva name addroei and (elophono numhor of rovrewing olllce) EPA Region VII Audit Division Kansas City, Missouri (816-374-5342) 16b.THI5 SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES ' 41 CFR 1-15.4 14 This proposal is submitted for are in connection with and in response to (1)_request of the City Of Iowa. City, Iowa.This is to certify to the best of my kaowle?ge , and belief that the cost and pricing data summarized herein are complete, current, and accurate as of (2)1 July 10, 1979_ and that a financial management capability exists to fully and ac�e- rately account for the financial, transactions unrier this project. f further certify that I understtand that the . s ubagree maif'p rice may be subject to downward renegotiation and/or recoupment where th hbove cost and pricing data have been determined, as a result of audyt,-n a_v_.§ bee co plete, Curran'(( and accurate as of the date above. (3) .July 10, 1979 DATE OF EXECUTIOtt / t,(. Kimm SIGNATURE P E Partner _ ' TITLE OF PROPOSER -----_ 14. Gr ANYEC REV'IEVER I c_rtify that I have reviewed the oust/price summary set forth her ' " a e proposed costs/price appear snbngreement award. _-,-_acy-`•:(—e�plllaaab/le+/for �' DATE F EXECUTION 91GNA TORE of REVIEv:ER V DATE or Authorized Representative TITLE OF REVIEWER 16. EPA REVIEWER (11 rppllceble) DATE OF EFECUTION SIGNATURE OF REVIEWER - OF REVIEWER TITLE EPA Fe,m $700-41 (7.76) PAG[ 2 Ot n Computed byx k—DateyhigV7,6 V E E N S T R A& K I M M c ,eked y ------------ Date.- -.�... ENGINEERS & PLANNERS �v'?� by�JQDate`!T Z Ji 1------ YA...– 3------ Pago No................ 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Computed by:��rDatcz(lA lr �sfs_...-,.�.....�- ---------••-- -1- Checked by__.___Date------------- ----- - •--------••- --- ............................................................. Reviewed by .......... Date ------------- Approved by.......... Date............ Sheet No ------------ 3 --------------- o[............................... i L �Lid� L II7.5ce//' ac: -,•,5 -'/ate n A'=/�c235 �_ ,+ 5 ' I I `�fl f ' _4'.�ul y.emeni d�,�•� v_kp_n✓_�'✓ oi�� � 13 I I `/�—I � -� I l k ate- ! It I j I a �I� • �—^ It I _ It }I O I I I ITI= I S :4,536 ' �e I ! I I iv I fro I I -J I111r, �_.r�i_n� l I I I I I ~I I I IIII Illil!II!Ii II Ili'. II ' Ilillll�l!Ili I liilllI�lil � - i RESOLUTION NO. 79-324 RESOLUTION AUTHORIZING CITY CLERK TO RE -ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF RIVER CORRIDOR SEWER PROJECT, AS REVISED ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, no bids were received at the scheduled bid opening for the River Corridor Sewers Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,IOWA: 1. That the amount of bid security to accompany each bid for the construc- tion of the above-named project shall be in the amount of $279,000, payable to Treasurer, City of Iowa City, Iowa. 2. 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 receipt of bids. 3. 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 2:00 P.M. on the 24th day of August , 19 79 . Thereafter, the bids will be opened by the City Manager or his eessignee , 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 28th day of August , 19 79 . 7y/ Received & Approved By The Legal Deparlmenf Page 2 Resolution No. 79-324. It was moved by Balmer and seconded by Neuhauser that the Resolution as rea ed -5 a�optea, and upon roll ca t ere were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 17th day of July , 1979 MAYOR ATTEST: CITY CLERK �y� RESOLUTION No. 79-325 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION Ow FOR City Streetscape Phase II -A Project WHEREAS, Metro Pavers Inc. of Iowa City 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 of Iowa City, for $421,701,75 including Alternate Area "A" , subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x x ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 17th day of July � yZ xll_ MAYOR ATTEST: �/Jz- CITY CLERK 1979 The & Approved B"�Q1.�3.-71 12�t.e . /'; RESOLUTION No. 79-326 RESOLUTION AUTHORIZING EX=ICN OF OVERWIDTH PAVING AGREEMENT FOR MOUNT PROSPECT, PART IV. WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with develo ers of Mount Pros ect Part IV , a copy of said agreement being attachedto s Reso u s reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with the developers of Mount Prospect, Part IV to Install overwidth pavement on Hollywood Boulevard between Grantwood St. and Sycamore. The not to exceed fiqure Is $7,000. NOW, THEREFORE, BE IT )SOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with developers of Mount Prospect, Part IV 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER x DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 17th day of July , 1979, Mayor ATTEST: iL City Clerk i �yy Receives! A Approved ll lLegh `e a 1eM B-1, _ -/J-I- A G R E E M E N T WHEREAS, Frantz Construction Company,_Inc. is the Developer of the Mount Prospect Part IV subdivision, 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 Hollywood Boulevard by paving said street 32 feet wide, back-to-back of the curb, respectively, and WHEREAS, the City ofiIowa 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 Ten Thousand Dollars ($10,000), 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 Seven Thousand Dollars ($ 7,000.00 ) 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 Thirteen Dollars ($13.00) per square yard 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 IY A day of A.D., 19a. CITY OF yIOWA CITY, IOWA By: Mayor Attest: ,�� �" i ; By: City Clerk / HUD -9014 (11-68) The following resolution was introduced by Mayor Vevera ; read in full and considered: "RESOLUTION AUTHORIZING AND DIRECTING SUBMISSION OF APPLICATION FOR A LOW -RENT HOUSING PROGRAM" Perret moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Neuhauser , and upon roll call the "Ayes" and "Nays" were as follows: AYES deProsse Neuhauser Perret Erdahl The Mayor said resolution adopted. NAYS Balmer Roberts Vevera thereupon declared said motion carried and There being no further business to come before the meeting upon motion duly ms -ie and seconded, the meeting was adjourned. GPO O®D4a1 *US GGVEPeuEhTPP1x71hCC1f1q 1072.784.913/5p RESOLUTION NO. 79-327 RESOLUTION AUTHORIZING AND DIRECTING SUBMISSION OF APPLICATION FOR A IOW -RENT HOUSING PROGRAM WHEREAS, the United States Housing Act of 1937 provides that there shall be local determination of the need for low -rent housing to meet needs not being adequately met by private enterprise; and wH=,;, under the provisions of the United States Housing Act of 1937, the Secretary of Housing and Urban Development is authorized to provide finan- cial assistance to public housing agencies for low -rent housing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY AS FOLU)VS: 1. That the Council hereby determines that within its area of operation, there is a need for low -rent housing to meet needs not being adequately net by private enterprise. 2. That the Mayor shall cause to be prepared and the City Clerk shall sign and send to the Secretary of Housing and Urban De- velopment an application for financial assistance for Twenty (20) dwelling units of low -rent public housing to be provided by new construction, arra for a preliminary loan in the amount of $4,000.00. 3. In connection with the development and operation of any program or activityreceiving Federal financial assistance under the United States Housing Act of 1937, regardless of when such program or ac- tivity or any portion thereof was or is initially covered by any contract, the City Council will comply with all requirements im- posed by Title VI of the Civil Rights Act of 1964, Public Law 88-352, 78 Stat. 241; the regulations of the Department of Hous- ing and Urban Development issued thereunder, 24 CFR, Subtitle A, Part 1; and the requirements of said Department thereunder. 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 x x x x x x Passed and approved this 17th day of Balmer deProsse Neuhauser Perret Roberts Erdahl Vevera July O/� , 1979. Mayor aCt= A lPrM—_'D by 'PIE LEGAL DEt1RTM NT 7-/0 .7gell—. The following resolution wa!1 introduced by Mayor Vevera read in full and considered: "RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING" Perret moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Neuhauser and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS deProsse Balmer Neuhauser Roberts Perret Vevera Erdahl The Mayor thereupon declared said motion carried and said resolution adopted. There being no further business to come before the meeting upon motion duly =,ie and seconded, the meeting was adjourned. GPO so 2-142 RESOLUTION NO. 79-328 RESOLUTION APPROVING, APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of it., citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the United States of America, acting through the Secretary of Hous- ing and Urban Development (herein called the "Government"), is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of law -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low -rent housing to meet needs not being adequately net by private enterprise and that the Government shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low -rent housing projects unless the governing body of the locality in- volved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the City Councilof Iow*a City (herein called the "Local Authority" is a public housing agency.and is applying to the Government for a preliminary loan to cover the costs of surveys and planning in connection with the develop- ment of low -rent housing; NOW, THEREFORE, be it resolved by the City,Council of the City of Iowa City as follows: 1. That there exists in the City of Iowa City a need for such low - rent housing which is not being met by private enterprise; 2. That the application of the Local Authority to the Government for a preliminary loan in an amount not to exceed $9,000.00 for surveys and planning in connection with lour -rent housing projects of not to exceed approximately twenty (20) dwelling units is hereby approved. 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 deProsse x Neuhauser x Perret x Roberts X Erdahl X Vevera Passed arra approved this 17th day of July , 1979. Mayor ATTEST: OAL- City Clerk REC£ m k 17FROVED BY TICE-LEGAL DEPARTMENT 7-/0 - 74i Al,' 77/ The following resolution wan introduced by Mayor Veveri ; read in full and considered: "RESOLUTION OF COOPERATION" HUD•9014 01 y8! Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by deProsse , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Balmer Balmer deProsse Roberts Erdahl Vevera Neuhauser The Mayor thereupon declared said motion carried and said resolution adopted. **X,********m There being no further business to come before the meeting upon motion duly msde and seconded, the meeting was adjourned. RESOLTION NO. 79-329 RFSOLUrI (YN OF COOPERATION WHEREAS, The City of Iowa City, Iowa, (hereinafter called the "Municipality"), acting by and through the Imo Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the "Commission"), has requestez3 from the United States of America, Housing and Urban:EDevelopne;. (hereinafter called "HUD") a Program. Reservation for twenty (20) units of lora rani `.ousing to be developed arid located within the co- -mrate limits of the Munic_,ality and may hereafter apply for additional Pro_rram Reservatic:_ and WHF. kS, the Municipality, acting by and through the Comnission, shall endeavor to secure one or more contacts with HUD for loans and annual contributions in connection with the developrnent and administration of such low rent housing projects, all pursuant to the United States Housing Act of 1937, as amended (hereinafter called the "Act"); and WHEREAS, all such loo rent housing projects are for a public purpose and exempt from all real and personal property taxes under the Statutes of the State of Iowa; and WHERTAS, The Municipality is desirous of assisting and cooperating in such undertakings and of corplying with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all other applicable provisions thereof; Section 1. Whenever used in this resolution, the following terms shall have the following meaning: (a) The tern "Conplex" shall mean arty low rent housing hereafter developed as one operation by the Commission with financial assistance of HUD and included within any Progam Reservations issued to the Municipality, acting by and through the Commission, by HUD which in the aggregate may not exceed twenty. (20) units of low rent housing. A Complex will generally be located on a single site but may be on scattered sites. (b) The tern "Taxing Body" shall mean the State or any political subdivisions or taxing unit thereof (including the Municipality) in which a Complex is situated and which would have authority to access or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Complex it is were not exempt from taxation. (c) The term "Shelter Rent" ='all mean the total of all charges to all tenants of a Ozimplc•, for dwelling rents and non -dwelling rents (excluding all other income of such Complex) , less the costs of all dwelling and non -dwelling utilities. (d) The term "Sim" means any area where dwellings predominate which, by reason of dilapidation, overcroxiing, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any conbination of these factors, are detrimental to safety, health, or morals. ED BEST DOCUMENT 7- AVAILABT T - Section 2. The Municipality agrees that with respect to ally Complex, so long as either (a) such Complex is used for low rent housin," purposes, or (b) any contracts between the Municipality, acting by and through the Commission, and RM for loans or annual contributions, or both, in connection with such Complex shall remain in force and effect, or (e) any bonds issued in connection with such Complex shall re111:6:1 ei:tstanding, whichever period is the longest, the IUuiicipality will not )('I•)' or impose any real or personal property taxes ll,)en such Complex or upon the• Commission with respect thereto. During such period, the COmiSSiOn shall make annual payments to the Municipality (hereinafter called "Paylnents in Lieu of Taxes") in lieu of such taxes and in payment for public services and facilities furnished for or with respect to such Complex. Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Complex and shall be in an amount equal to either (a) ten per cent (100) of the aggregate Shelter Rent charged by the Commission in respect to such Complex during such fiscal year or (b) the amount permitted to be paid by applicable state law in effect on the effective date of this resolution, whichever amount is the lower; provided, however, that upon failure of the Commission to make any such Payment in Lieu of Taxes, no lien against any Complex or assets of the Commission shall attach. The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in accordance with applicable state law; provided, how- ever, that no payment for any year shall be made to any Taxing Body (in- cluding the Municipality) in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Complex were not exempt from taxation. Section 3. During the period commencing with the date of the acquisition of any part of the site or sites of any Complex and continuing so long as either (a) such Complex is used for low rent housing purposes , or (b) any contract between the Municipality, acting by and through the Commission, and HUD for loans or =ival contributions, or both, with respect to such Complex shall remain in force and effect, or (b) any bonds issued in connection with such Complex shall remain outstanding, whichever period is the longest, the Municipality, without cost or charge to the Commission or the tenants of such Complex (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Commission and the tenants of such Complex public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Complex as may be necessary in the development thereof, and without charge, transfer to the Commission jurisdiction of any interest in the Municipality may have in such vacated area; and insofar as it is lawfully able to do so without cost or expense to the Commission and/or to the Municipality, cause to be removed from such vacated areas, insofar as it may be necessary, all public or private utility lines and equipment; /7 os�6 'QIlII SuTpnjOuT ',(aaa3v jglIwwuaaA03 ao Apoq atlgnd aaglo gons IKq paoao;ua aq ,Cam pug ;o 1T;auaq aq1 o1 aanaT jjvgs ;ooaoq suoTSTAoad aq1 I(InH SutpnlouT `6ouaSu jvluawuaano3 ao 4poq ocjgnd aaglo gons Kq pjaq sT xaldwo3 4ua ';o uoTssassod ao '01 algTq jvTDT;auaq aq1 awTl bug lu ;I •saoafo.zd 3utsnoq luaa mol ;o oTlgalstutmpv ao luawdojanap aql ut a3a3ua o1 nal Kq paztaoglna 'aljll 3uTpnj3uT '.Coua3a jaluam1iaano3 ao Kpoq oTlgnd aaq}o amos ao '(1FlvdtoTuniq aqq 6q pjaq 9T.x-aldwo3 gons o} aTIT1 Ivtot;auaq ag} sv 3uol as xaldwo3 gova o} }oadsai g1Tn }oa;;a pug aaao; jjn; ut utgmaa jlvgs aapunaaaq (}TjvdpTun(4 aq} ;o suoTla -3TIgo pug sa3ajTATad agL :=I ;a }uasuoo aqj lnoglTn PaT;TPJtu as 'pa3uv113 'pal23oaga aq lou Reqs pug loualuoo v sa papav3aa aq ITugs uoTlnlosaa scgq 13utpualslno ucvwaa 11vgs xaldwo3 gons ggtn uoTloauuoo uT panssT spuoq Rug sv 3uol as ao 4130;;a pug aaao; ui uTvwaa Ilvgs xajdmo3 Cuv o} loadsaa g1Tn 'gloq ao 'suotingTaluoo jvnuuv ao (suvol ,Ctvutmtlaad 3utpnlouT) suvol ao; pnll pug 'uoTssTuauo3 aql g3noagl pug Cq 3uc}ov IX:,TlvdTocunll aq} uaac+laq loaaauao .(uv sg 3uoj as lggq saaaSv KgtivdxnTunl1 aqy 1'9 uoTloas -CMH Sq pauno ao palsTssg sloaCoaa ;utsnog }uaa noI aaglo Cua ao xaldwo3 ,(ug of laadsaa uT K1TjvdxoTunj4 aqg o1 anp awooaq o} ao anp saxgy ;o natl uT sluaw.(vd ,(uv wear ao;aaagl lsoo au; lonpap ljvgs aaagnasja satltltov; ao SZ3TAaas gons 3uiutv}go uodn uoTsstr.=uo3 aq1 uagl Ixaldmoo 4uv of ao uotsstwwo3 aq1 of pogstuan; aq o1 asnvo ao gstuan; of aapunaaaq palv$tjgo GT 1T goTgn saTITiToa; ao saoTAaas aql ;o (uv pagstuan; aq of asnaa ao gsTuan; 01 asn;aa ao ITa; 'uoTsstmwo3 aq1 moa; aotlou ual1Tam aal;g•amFl ajgvuosaaa v uTq}Tn 'Reqs (1FjudTzyunF4 aq1 ;I 1'S uoTloaS •(pauno Kjalvncad aaan 1T ;T alFs xaldmo3 aq1 1suTvSu passassa aq pinon sv lunomg gons sgsoo quamdojanap xaldmo3 su c(1TjadtoTunl,l agl,oj ,Cad jjvgs uoTsstmmoo aqq ;oaaagM uoTgvaaptsuoo ut) 3oaaagq sgaaals Sutpunoq aq1 3uTAaag pug xaldwo3 gons of 3utpgal 'suTuu aamus ,CavlFuvs pug maols , puv 'suTam aalvn 'papTAoad aq o1 asnaa ao 'apTAoad IITn lI (o) pug !(pauno ljalvncid aaan 1T ;T Kaon ao; alts xaldmo3 aql lsucg3w passassa aq pjnon sv gunoma gons slsao luamdolanap xaldwo3 su KgTjvdtoTung aqg of Cvd jjags uocsstmmo3 aq1 ;oaaagn uoTlvaapTsuoo uT) olaaagl ssaoog alvnbapv apTAoad of 4awssaoau ao xajdwo3 gons 3uTpunoq slaaals jjm 'ao; smljanapTs apTAoad pug 'anvd IanoadmT 'apgaS 11T -m pug 'ao; puvl ;o suoTgvotpap gaussaoau ld000v 11T -n 1I (q) puv !X3TIvdToTunK agl oq ajgvldaoow suotggoT;Toads g1Tn aauwpa000v uT ;oaaagl 3uTAvd pug 'luaurJAaadwt '3uTpva3 vq1 palaldmoo svq °spun; quawdolanap xaldwo3 ;o Ino 'uoTSSTwwo3 aql aag3v xaldmo3 gons ;o aaag aql uTg1Tn s�,llvnapts 3UUDUCp17 pug 's,Sajjg 'spvoa `sgaaals aoTaaluT ilv ;o uoT}gotpap aq-3 ldaooa TiFr+ 1I (v) :uotssTmmo3 aq1 moa; ao;aaagl lsanbaa uallTan v ;o ldtaoaa aal;v amTl ajgwuosvaa a ucglTn lagl soaaSu aaglan; KITIVdtotunlg aql 4xaldwo3 Xua o1 loadsaa ul I•e uoTloas •xaldwo3 gons ;o uaTlvalsTuTmg pug luamdojanap aql ggTn aotloauuoo uT kiussaoau puT; ,Cam uocssp=3 pug (aTjvdTotunjq aqq sw sKvn ao uoTlou In3mul aaggo gons Kq uoTssTwwo3 aqq ggTn agvaadoo3 (a) pug !xaldmo3 uons ;o luawdolanap aqg ao; faussaoau-auaumsua ;o sluva3 ldooa-.1 (p) !;aaaagl uaT}oazo-d puv luawdolanap aq1 103 kivssaoau pug ajgauosvaa gag puv saouvlswnoato atll aapun alvFadoaddu swz)op ITouna3 s1T su xaldwo3 gons ;o K10ITual 3uTpunoaans pug agTs aq} ;o 3uTuoz Suv uT sa3uvgo tions aKuv pug !xaldwo3 gong ;o uoTlvalsTuTn:pv pug guaiudojanap aqg uT XouaFoT33a pug Xwouooa alowoad o1 fCayssalau pug ajgvuosvaa aav pug saouvlsmnoaTo aq1 aapun olvTadoaddv s=ap TTouno3 s1T sv (jTjwdToTunj4 aq] ;o opoo 3uTP'jTnq aq} ;o saanTen gans 3uva3 'os op Cjjnjmuj Cvw XlTlvdToTunl,l aql su av;osul (o) g'Iqvrl-IVA/�V�R,, 4 'TT1 n JV-['.- Section 7. No Cooperation Resolntion heretofore entered into betwvan the Municipality and the Cannission shall be construed to aP1,ly to any Complex covered by this Resolution. Section B. In the event any provision hereof is held invalid, the remainder shall not be affected thereby, it being the intent of this resolution to cooperate in the development and ,-r::ninistraticn of the Canplex or Canplexes to the fullest extent permitted by I. :. It was noved by Neuhauser and seconded by deProsse that the Resolution as read be adopted and roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Neuhauser x Perret x Roberts x Erdahl x Vevera Passed and approved this 17th day of A=T: ' City Clerk G ly 1979, Mayor RrCEII'E.D A APT'^.'; rn 111 s1T. LEGAL IOV-'-{!MzO j67 RESOLUTION NO. 79-330 /6", - -/t-/z RESOLUTION AMENDING SALARIES, COMPENSATION AND CHANGING POSITION TITLE FOR CLASSIFIED PERSONNEL AND PROVIDING FOR VARIOUS POSITION CHANGES. WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THERFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The elimination of one budgeted Maintenance Worker I position in the Cemetery Division, Range 1 of the Classified Pay Plan. 2. The addition of one Maintenance Worker II position in the Cemetery Division in Range 4 of the Classified Pay Plan. 3. The elimination of one budgeted Maintenance Worker II position in the Parking Enforcement Division, range 4 of the Classified Pay Plan. 4. The addition of one Maintenance Worker III position in the Parking Enforcement Division in range 6 of the Classified Pay Plan. 5. The change of position title Rehabilitation Construction Specialist to Rehabilitation Officer in the Rehabilitation Division in range 12 of the Classified Pay Plan. It was moved by Neuhauser and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: . NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of July 1979. Mayor ATTEST: /i - c City Clerk 71:71VED & APPROVED BY THE LEGAL ,EPARTMENT 7-1 � 1(5�5 RESOLUTION NO. 79-331 RESOLUTION AWARDING BIDS FOR THE NEIGHBORHOOD SITE IMPROVEMENT (NSI) ALLEY GRAVELLING PROGRAM WHEREAS, proposals were sent out on June 29, 1979 to the three nearest quarries for the provision of gravel for the NSI Alley Gravelling program; and WHEREAS, the attached bids were received by July 10, 1979; and WHEREAS, the Engineering Department has certified that the attached bids are in order. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following bid be accepted: To the River Products Company, Inc. in the amount of $47,233.12 ($5.17 a ton) for crushed stone. Purchases will be made from the successful bidder in accordance with the specifications and conditions described in the "Form of Proposal" sent to each bidder. Unit prices submitted by the successful bidder will be used, -and the quantities and alleys listed may be added to or subtracted from that proposal. Contracts will be awarded expending the total amount of NSI Alley Gravelling funds, $39,250.00. It was moved by Ferret and seconded by Roberts that the resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X: Balmer x deProsse X Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 17th day of July 1979. /7 MAYOR D 70 ATTEST: /� i RECEIVED & AFFROVED •City Clerk BY THE LEGIS, DEPARTIMT .7 -//- � 9 /J/�_ l ' RESOLUTION N0. 79-332 RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with The River Products Company, Inc. , a copy of said contract 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 contract to purchase crushed stone for the Neighborhood Site Improvement Alley Gravelling Program in accordance with the specifics laid out in the "Form of Proposal" sent out to each bidder. 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 River Products Company, Inc. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Balmer and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Roberts Passed and approved this 17th day of July 1979. Mayor ATTEST: radl- '/v/--(',�' , � City Clerk / 9-� 5Z RECEIVED & AFFRJVED BY THE LEGAL DEPARTMENT FORM OF PROPOSAL TO: CITY OF IOWA CITY Civic Center Engineering Department Iowa City, Iowa 52240 DATE: June 29, 1979 PROJECT: ALLEY GRAVELLING HCDA PROGRAM We propose to do the following work and/or furnish the following materials at the unit price shown below: ITEM DESCRIPTION ESTIMATED UNIT QUANTITY 1 Crushed Stone, 3/4" Tons Delivered and spread, meeting the requirements of Section 4120.04 of State Specifications. 9136 UNIT EXTENDED PRICE AMOUNT $ 5.17 $47,233.12 TOTAL EXTENDED AMOUNT $47,233.12 Attached is a proposed list of alleys to receive gravel. The quantities and alleys may be added to or subtracted from that proposal. The City crews will be doing the grading during the dumping process. A minimum of three dump trucks with dual axles and 12' maximum box shall be used at all times during the process of gravelling alleys. Please return this bid proposal by July 10, 1979 We certify that all materials, equipment and workmanship involved in the above items of construction shall conform to the Iowa Department of Transportation Standard Specifications, Series 1977 where applicable. FIRM Iver rod cts Company. Inc. BY: Thomas R. Scot Manager The above prices, specifications and hereby accepted. You are authorized to do made as outlined above. DATE: July 6, 1979 BY: conditions are satisfactory and are the work as specified. Payment will be MOOR RESOLUTION NO. 79-333 RESOLUTION REVOKING THE DESIGNATION OF THE DEY BUILDING CORPORATION AS THE PREFERRED DEVELOPER OF DISPOSITION PARCEL 64 WHEREAS, the City of Iowa City received Offers to Purchase Land for Private Redevelopment on September 15, 1977; and WHEREAS, the City Council of the City of Iowa City, Iowa, did, by Resolution No. 77-392 dated October 4, 1977, designate the DEY Building Corporation as the preferred developer of Disposition Parcel 64; and WHEREAS, the Solicitation of Offers to Purchase and Redevelop Disposition states that each developer will be expected to execute a land disposition agreement within 120 days unless the time is extended by the City; and WHEREAS, the City and the DEY Building Corporation have not agreed upon contract terms and conditions. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the designation of the DEY Building Corporation as the preferred developer of Disposition Parcel 64 is hereby revoked. It was moved by Balmer and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x dcProssc x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 17th day of July 1979. Mayor Attest: lym-Q City Clerk 5E13 RECE.ITF,D ; IMOTED' BY T;iF. Lg4r I113ART1F.1�' RESOLUTION NO. 79-334 RESOLUTION AUTHORIZING RD-ASSIGnMENT OF REAL ESTATE ODNTRACT FOR PENTACREST GARDEN APART+dEM WHEREAS, Resolution No. 77-450 authorized the sale of certain urban renewal property to Pentacrest Garden Apartments under date of November 22, 1977, and WHEREAS, a contract was entered into between the City of Iowa City, Iowa, and Pentacrest Garden Apartments for the sale of certain land under date of November 23, 1977, and WHEREAS, on November 30, 1977, the City of Iowa City, Iowa, conveyed by Warranty Deed to Pentacrest Garden Apartments, a partnership, the real estate covered by said contract herein above and described as follows, to -wit: All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to -wit: Lot 1, 2, 3 and 4 in Block 93, in Iowa City, Johnson County, Iowa, according to the recorded plat thereof; and all of Lot 5, all of Lot 6, Lot 7 except the north 50 feet of the east 25 feet of said lot, Lot 8 except for the east 25 feet of said Lot, in Block 101, and the Capitol Street right-of-way frau the south right- of-way line of Burlington Street to the north right- of-way line of Court Street, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to an easement over the following described area: Commencing at the northeast corner of Block 93 of the Original Town of Iowa City, Iowa; thence easterly along the south right-of-way line extended of Burlington Street, 15.36 feet to the point of beginning; thence southerly 320.00 feet frau said right-of-way line along a line parallel to*the east line of Block 93; thence westerly 3.50 feet along a line parallel to the north right-of-way line of Court Street; thence southerly 60.00 feet along a line parallel to the east line of Block 93 to the north right-of-way line extended of Court Street; thence easterly 68.00 feet along said right-of-way line extended; thence northerly 5.00 feet along a line parallel to the east line of Block 93; thence westerly 22.00 feet along a line parallel to the north right-of-way line of Court Street ex- tended; thence northerly 375.00 feet along a line parallel to the east line of Block 93 to the south right-of-way line extended of Burlington Street; thence westerly along the south right-of-way line of Burlington Street, 42.50 feet to the point of beginning. 70 6 Resolution No. 79-334 Page 2 Flom WHEREAS, under date of December 2, 1977, Pentacrest Garden Apartments, by James A. Clark and Loretta C. Clark, the partners therein, conveyed said property to Agent Corporation, and WHEREAS, on November 22, 1977, the City was notified of the request to transfer by Pentacrest Garden Apartments to Agent Corporation, pursuant to Section 503, Part II of the contract for sale of the land for private redevelopment, and WHEREAS, on December 2, 1977, John Hayek, City Attorney, and Neal Berlin, City Manager, approved the transfer pursuant to authority granted to them by Council action on November 22, 1977, and WHEREAS, Agent Corporation now intends to transfer the said real estate hereinabove described back to Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, and WHEREAS, pursuant to Section 503, Part II referred to hereinabove, request is again made to the re -assignment of the real estate and re- development contract by Agent Corporation back to Pentacrest Garden Apart- ments so the real estate is owned by Pentacrest Garden Apartments and the contract is between Pentacrest Garden Apartments and the City of Iowa City, Iowa, the same as it was in the original instance on November 23, 1977. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY: 1. The City of Iowa City, Iowa, pursuant to Section 503, Part II of the contract for sale of land for private redevelopment originally entered into between Pentacrest Garden Apartments and the City of Iowa City, Iowa, now gives formal and unequivocal consent and approval to the transfer of real estate and re -assignment of the original contract between Pentacrest Garden Apartments and the City of Iowa City, Iowa, dated November 23, 1977, to the end that Pentacrest Garden Apartments, a partnership consisting solely of James A. Clark and Loretta C. Clark, now has complete ownership of the real estate covered thereunder,.and full privity of the contract with the City. 2. The City of Iowa City, Iowa, further consents to the transfer of any interest of Agent Corporation in the subject real estate to Pentacrest Garden Apartments. /-l7 Resolution No. 79-334 Page 3. 3. The City of Iowa City, Iowa, will promptly seek to enter into an agreement with Johnson County, Iowa for the payment under protest of the real estate taxes in this matter. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X DeProsse X Erdahl X Neuhauser X Perret x Roberts X Vevera Passed and approved this 24th day of July , 19,79. Mayor Attest: , del- Z • � 1tik�J City Clerk I I/ IESOLUTION NO. 79-335 1 RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLILiITM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approve for the following named person or persons at the following described location: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibilitysurety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as res re—�Fe adopted, and upon roIT—call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest: City Clerk 9�� 19 jv RESOLUTION NO. 79-336 RESOLUTION OF APPROVAL OF CLASS A Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x deProsse _ Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: J City Clerk 09 31st day of July Mayor 9�lcl) 5 RESOLUTION NO. 79-337 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: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. it was moved by Balmer and seconded by Perret that the Resolution as read e a opted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 197 9 . Mayor Attest: City Clerk u 1 I� A� RESOLUTION NO. 79-338 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest:• _ City Clerk RESOLUTION NO. 79-339 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is' hereby approved for the following named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July , 19 79 O Mayor I // Attest: "/Z� City Clerk 7 6,3 RESOLUTION NO. 79-340 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Needs, Inc., 18 South Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest:1'//-'z-.2- z-�—zL City Clerk 9�f� AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest:1'//-'z-.2- z-�—zL City Clerk 9�f� RESOLUTION NO. 79-341 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store N2, 310 North 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: ABSENT: x Passed and approved this 31st day of Mayor Attest:�� City Clerk August 19 79 765✓ a ti RESOLUTION NO. 79-342 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 North 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: City Clerk ABSENT: x 31st day of Mayor July RESOLUTION NO. 79-343 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICATI6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: James J. Tucker dba Tuck's Place, 210 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as re -a be adopted, and upon -Roll -=ca there were: AYES: NAYS: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st Attest: City Clerk ABSENT: x day of -July 19 79 Mayor 96 7 RESOLUTION NO. 79-344 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or, persons at the following described location: Bull Market, Inc. 325 E. Washington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State Law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read iie adopted, and upon rZ ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 Mayor Attest: City Clerk 14 9� 9 / RESOLUTION NO. 79-345 RESOLUTION TO REFUND CIGARETTE PERMIT W11EREAS, Regal Vending dba Applegate's at 1411 South Gilbert Lancing in Iowa City, Iowa, has surrendered cigarette permit No. 80-65 , expiring June 30 , 19 80 , 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. $0-65 , issued to Regal -Vending dba Applegate's Landing 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 $ 75.00 , payable to Regal Vending as a refund on cigarette permit No. 80-65 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 31st dayo f ////,July �� , 19 79 Ye a' Mayor Attest: & � AYES:AN YS: ABSENT: Balmer x deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 31st dayo f ////,July �� , 19 79 Ye a' Mayor Attest: & � RESOLUTION NO. 79-346 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: Inn Ho Shinn dba East-West Oriental Foods, 615 Iowa Ave. Osco Drug, Inc. dba Osco Drug #826, 120 E. College St. Regal Vending dba The Sanctuary, 405 S. Gilbert St. DOMLL, Inc. dba Hilltop D -X, 1123 North Dodge St. Charles J. Christensen dba Chuck's Clark, 504 E. Burlington Joseph Momberg dba Maid -rite, 630 Iowa Ave. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 19 79 . Attest: v City Clerk R 31 st day of July , Mayor �76 RESOLUTION NO. 79-347 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Osco Drug, Inc. 120 E. College St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of Mayor Attest:�29-;7j/�z;?—') City Clerk July 19 79 '9� yi RESOLUTION NO. 79-348 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persona at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba The Sanctuary Restaurant, 405 South Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution ass reaT—ee adopted, and upon-i'571—c-aTT there were: AYES: NAYS: ABSENT: Balmer x deProsse Erdahl x Neuhauser x Perret x Roberta x Vevera x Passed and approved this 31st day of Mayor Attest: City Clerk N July , 19 79 f-7�2 S RESOLUTION NO. 79-349 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba The Sanctuary Restaurant, 405 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES Balmer x deProsse Erdahl x Neuhauser x Perret x Roberts x Vevera x NAYS: Passed and approved this 31st 19 79 Attest: City Clerk < Mayor ABSENT: x day of July , 9"73 .1 RESOLUTION No. 79-350 RESOLUTION FOR DEDICATING A TEN -FOOT WALKWAY EASEMENT AND ABANDONING AND WITHDRA14ING THE EXISTING WALKWAY EASEMENT FOR MOUNT PROSPECT, PART III WHEREAS, the original owner and proprietor of Mount Prospect Addition, Part III, to Iowa City, Iowa, according to the recorded plat thereof has requested that the City of Iowa City, Iowa, abandon and release a walkway easement previously granted to the City of Iowa City, as a part of the Dedication of said subdivision, which walkway easement has been discovered to be misdescribed; AND WHEREAS, the original owner and proprietor, Frantz Construction Co., Inc., has now dedicated to the public and the City of Iowa City, a walkway easement with the correct location shown thereon; AND WHEREAS, the dedication of the walkway easement in the correct location is advantageous to the City of Iowa City and coordinates the walkway easement with similar walkway easements in abutting subdivisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the walkway easement previously dedicated to the City and being described as 10 feet in width centered on the coincidental line of Lots 147 and 148 in Mount Prospect Addition, Part III, to the City of Iowa City, is hereby abandoned and said easement is hereby released and the rights acquired thereunder extinguished. BE IT FURTHER RESOLVED that the City Clerk of Iowa City is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Adopted at a regular meeting of the City Council on the 31St day of,. July 1979. May Received#pproved Clerk By The Legal olek reset 17 Page 2 79-350 Resolution No. It was moved by Perret 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July 1979. STATE OF IOWA ) COUNTY OF JOHNSON ) SS: -z - I, ABBIE A. STOLFUS, Clerk of the City of Iowa City, do hereby certify that the above and foregoing is a true and exact copy of a Resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the day of 1979, all as the same appears of record in my office. DATED at Iowa City, Iowa, this _/S i day of 1979. ABBIE A. STOLFUS, Clerk of the City of Iowa City, Iowa. �oa�M JUL. 1 8 1979 ABBIE STOLFUS, CMC Received 9- Approved CITY CLERK (3) By The Legal Departmen► RESOLUTION NO. 79-351 RESOLUTION APPROVING FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR WHEREAS, the owner, Hy -Vee Food Stores Inc. , has filed with the City Clerk of Iowa City, Iowa, an app cat on for approval for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Commencing at a point on the south line of the SW 1/4 of the SE 1/4 of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, which point lies N 87 29' 40" E, 237.40 feet of the SW corner of said SE 1/4, Sect. 15-79-6, as recorded in BoBk 12, page 14, Johnson County, Iowa; Thence continuing N 87 29' 40" E, 715.85 feet along said south line of the OW 1/4 SE 1/4; Thence N 00 17' 000 W, 363.30 feet; Thence S 89 43' 00" W, 166.00 feet; Thence N 00 17' 00" W, 265.01 feet to a point on the southerly right-of-way line of U.S. Hwy #6; Thence N 690 48' 00" W, 1.90 feet on said southerly right-of-way line to a R.O.W. Rail at the P.T. of the highway curve and is 150 feet normally distant from the centerline of said right-of-way at centerline station 176+25.95; Thence Northwesterly 31.43 feet on said southerly right-of-way line along a 14,175 foot radius cu6ve concave southwesterly, whose 31.43 foot chord be$rs N 69 51' 48" W, to the Point of Beginning. Thence N 00 25' 00" W, 53.38 feet; Thence Northwesterly 23.21 feet along a 14,255 foot radiu8 curve concave Southwesterly whose 23.21 foot chord bears N 69 56' 26" W; Thence Southwesterly 183.78 feet along a 533.00 foot radius curve, concave Southeasterly whose 182.87 foot chord bears S 040 35' 40" W; Thence S 05 17' 00" E, 10.36 feet; Thence Southeasterly 40.75 feet along a 467.00 foot radus curve concave Southwesterly whose 40.74 foot chord bears 6 02 47' 00" E; Thence S 00 17' 00" E, 4.93 feet; Thence N 89 41' 00" E, 35.17 feet; Thence N 000 25' 00" W, 176.69 feet to the Point of Beginning; said tract containing 0.19 acres more or less. WHEREAS, said property is owned by Mary Lucille Boyd and Frank Boyd and Freida L. Rummelhart and John Rummelhart, and no dedications 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, 1LLkeerbv� '�: �a;�p, "tea �/e aRfllOpf Resolution No. 79-351 Page 2 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. 4. That signs Including two (2) "crossbucks" signs, one faclnq west and the other facing east, and a "railroad advance warning" sign facing west shall be placed at the railroad tracks along the existing and unauthorized drive at the west side of the above described tract, 7Tf Resolution No. Page 3 75 It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE Abstain ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 31st day of July 19 79 WOR ATTEST: 6j'—z Sz� CITY CLERK ` 7/ -,- . RESOLUTION NO. 79-352 RESOLUTION APPROVING BOYRUM ADDITION WHEREAS, the owners and proprietors, Mary Lucille Boyd and Prank Boyd, wife and husband, and Preida L. Rummihast and John Rummelhart, wife and husband, have filed with the City Clerk the slat and subdivision of the following described premises located in Johnson County, Iowa, to -wits Co= ancing at a point which is N87029140"E, 237.4 feet from the Southwest corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; Thence Ni7629140"E, 715.03 feet along the South lino of the Southeast Quarter Section 15- 79-67 Thtince 1900.17100"N, 363.00 feed Thence 889043100-w, 166.00 feett Thence 1400•17'00,W 99.97 feet) Thence S 89041100"w, 66.00 feet to the Southeast corner of said Lot 1 and the Point of Beginnings Thence 889.41100"w, 711.46 feet to a Point 14.00 feet normally di©tant from the center- line of a Chicago, Rock Island and pacific Railroad branch liner Theace NO3"51'00"M, 230.00 feet, Thence NO2•3i'22°w, 189.61 feet; Thence NO2038122" W, 53.22 feet► Thence 972.57114"E, 72.52 feet along a line 100 foot normally distant from the center- line Of U.S. Hwy f61 Thence Southeasterly, along said line, 720.47 feet along a 14,221 foot radium curve, concave Southwesterly, whose 720.39 foot chord bears S71030116"E, to a point on the westerly Right -of -Way of soyrum Streets Thence southwest ly along said Right-of-way line 183.78 feet, along a 533.00 foot radius curve, concave Easterly and whose 102.87 foot chord bears SO4035140"10 Thence S05017100 -E, 10.36 feet0 Thence Southwesterly 40.75 Peat along a 467.00 foot radius curve concave Westerlyi whose 40.74 foot Chord bears S02047100"Et Thence 600.171000b, 4.93 feet to the Point of Beginning. Said tract of land containing 6.12 acres. WHEREAS, said property is owned by the above-named owners and the dedication has been made with the free consent and in accordance with the desire of the proprietors. WHSREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements. wHERBAS, said plat and subdivision was examined by the zoning and planning commission which recommended that said plat and subdivision•be accepted -and approved. NOW THERMRE HE IT PJ39OLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property ba, and the same is hereby approved, and the dedication of the etreetc and parks as by law provided is hereby accepted. Res. No. 79-352 Page 2 Upon roll call, the following vote was taken. BALMER Aye x Nay Absent dePROSSE Aye Nay Absent x ERDAH+ Aye _ _ Nay Absent Abstain NEUHAUSER Aye x Nay Absent PERRET Aye Nay x Absent ROBERTS Aye x Nay Absent VEVERA Aye 'x Nay Absent The foregoing is hereby duly certified by Abbie Stolfus 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 31st day of July 1979. WE Passed and approved this 31st day of July , 1979. Mayor ATTEST: City Clerk RESOLUTION N0. 79-353 RESOLUTION OF SUSPENSION OF LIQUOR CONTROL LICENSE WHEREAS, 95-35(2) of the Code of Ordinances of the City of Iowa City provides that a liquor control license or beer permit may be suspended for up to one year for any violation of law, including a violation of the Code of Ordinances of the City of Iowa City, and WHEREAS, the Human Rights Commission of the City of Iowa City has found that Ambrose-Lovetinsky, Inc. d/b/a Woodfields violated 918-33(a) on June 23, 1979 by denying to persons the full and equal enjoyment of its public accom- modations, and WHEREAS, the Human Rights Conmission has found and certified to the Council of the City of Iowa City, pursuant to 918-43(a)(2) i of the Code of Ordinances of the City of Iowa City, that Ambrose-Lovetinsky, Inc., d/b/a Woodfields, en- gaged in a discriminatory practice that was knowingly and recklessly tolerated by Mr. Harry Ambrose, an officer of the corporation, and WHEREAS, the City Council of Iowa City has determined that the liquor control licensee, Woodfields, has engaged in discriminatory and unfair practices that should not and will not be tolerated by the City Council and citizens of Iowa City, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The liquor control license issued to Ambrose-Lovetinsky, Inc. d/b/a Woodfields on February 24, 1979 be suspended for four months effective Auqust 1, 1979 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 Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and adopted this 31st day of July , 1979. MAYOR ATTEST ✓-"/ "f .'O j CITY CLERK O 9 RECEIVED b APFROIM BY TSE LEG9I DEPARTMENT RESOLUTION NO. 79-354 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF Sunset Street Improvement 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 plane, 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 $2.300. 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 13th day of August , 197g. 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 14th day of August , 19-D _. Received & Approved 6y The Legal Department 9�3 Page 2 Resolution No. 79-354 It was moved by Perret and seconded by Balmer that the Resolution as rea e�Topte3, and upon roll cast eiF re were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July , 1979 ATTEST: (2(141� jz�L CITY CLERK MAYOR rA 12? , / • t'. RESOLUTION NO. 79-355 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF RIVER CORRIDOR SEWER PROJECT 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: That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. It was moved by Balmer and seconded by _ that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x x Passed and approved this ROBERTS VEVERA 31st day of ATTEST: �2&_ X&��J CITY CLERK July MAYOR Perret 19 79 Received & Approved By The Legal Department RESOLUTION NO. 79-356 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY80 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 115-000. 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 14th day of AygijGt 19 7Q Thereafter, the bids will be opened by the City Enolneer , 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 August , 19 79 - Reaehred & Approved By The Legal Department yg J Page 2 Resolution No. 79-356 It was moved by Neuhauser and seconded by Perret that the Resolution as rea ecT5iacopted, and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July 19 79. ATTEST:.(21dw- flQ CITY CLERK MAYOR REsowrION No. 79-357 RESOLUTION ACCEPTING SANITARY SEWER IMPROVEMENTS RESUBDIVISION OF LOT 30, CONWAY Wfi mm, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer as constructed by Knowling Brothers Construction Company, Coralvllle, Iowa for Lots 1 through 20 of Resubdivision of Lot 30, Conway's Subdivision. AND WfiMAS, Maintenance Bonds for Know IIna Bros- Const. Co. 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 Balmer and sem by Erdahl that the Resolution as read be accepted, and upon roll call there were: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 31st AYES: NAYS: ABSENT: x day of July 1979 62e -z&4 Ude.9 92E:�-, — Mayor City Clerk R"aW A Approved By The Legal Departrraen►t -- T– e - >9 .0,p l am RESOLUTION NO. 79-358 RESOLUTION ACCEPTING STORM WATER STORAGE FACILITIES WEDGEWOOD APARTMENTS L.S.R.D. WHEREAS, the Engineering Department has certified that the following iwrovenents have been completed in accordance with plans and specifications of the City of Iowa City, Storm water storage facilities In Wedgewood Apartments, L.S.R.D. as constructed by D $ G Construction of Cedar Rapids, Iowa. NOW TMU70RE 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 Balmer and seconded by Roberts that the Resolution as r accepted, and upon roll call there were: AYES: NAYS: ABSENT: DEPROSSE x EROAHI x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 31st day of July 19 79 Mayor - ATTEST: „ [ City Clerk Received & Approved By The Legal Depadn)ent i RESOLUTION No. 79-359 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE TRUCK WASH BUILDING AT THE IOWA CITY SERVICE CENTER WHEREAS, R. K. Home Improvements 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 R. K. Home Improvements of Iowa City Iowa - $53,990.00 , 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 upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 31St day of July 1979 ATTEST: (2?/ CITY CLERY MAYOR ,,��Rechheiived & Approved _BKHrs a`I 2101 11 RESOLUTION NO. 79-360 RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA CITY, IOWA, TO ENGAGE IN A NEIGHBORHOOD REDEVELOPMENT PROGRAM. 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 following area has been found to be in need of conservation, rehabilitation and redevelopment to prevent decay and the spread of blight, to wit: An area bounded on the north by Court Street, on the east by Gilbert Street, on the south by Kirkwood Avenue and on the west by Dubuque Street, as illustrated on the map attached hereto and by this reference made a part thereof. 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. 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 Perret and seconded by Erdahl- that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of yJuly 1979. MAYOR ATTEST: C TY CLERK S ,ppEO� IM31vo DEPARTMENT BY THE y$GAL -97-7 ,791 W W IG DOM W 3 O mi rl NMI 4 oo �� s a M EXISTING NEIGHBORHOOD . PROJECT BOUNDARY i (STREET CLOSED TO TRAFFIC ?��� VACATED STREETS 00 BLOCK NUMBER ao PARCEL NUMBER r'r' SCALE+o®roan CITY RESOLUTION NO. -79-361 RESOLUTION AMENDING A PREVIOUSLY ESTABLISHED AMOUNT OF JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT (PARCEL NO. 7). WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban Systems, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City Council of Iowa City, on May 29, 1979, adopted a resolution establishing the amount of $107,800.00 as just compensation for the purpose of acquisition of necessary right-of-way and an uneconomic remnant from Parcel No. 7, South Gilbert Street Improvement Project; and, . WHEREAS, the City has received appraisals, staff reports and recommendations concerning the just compensation for the said Parcel No. 7, and has reviewed the appraisals, and reports, and being familiar with the said Parcel No. 7, desires to amend the previously established amount of just compensation for the purpose of acquisition of only the necessary right-of-way and not the uneconomic remnant from the said Parcel No. 7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amount listed below is hereby declared to be the amount of just compensation for the purpose of acquisition of the necessary right-of-way from Parcel No. 7, South Gilbert Street Improvement Project. The Staff of the City is hereby authorized to continue negotiations for the pur- chase of said property and the Mayor and the City Clerk are authorized to contract for the purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the acquisition of said property. This resolution certifies that .the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Real Estate Interest Parcel Owners Amount of Just Compensation 7 David Braverman and the DJ Trust, $106,800.00 Edmund Gatens, Trustee 9� 3 'Res. No. 79-361 -2- It was moved by Roberts and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31St day of ATTEST: rju-g Aaj) City Clel 1979. Mayor RECEIVED • APPROVED R TH�LEC►j, EP TMNT K1S ri 2� RESOLUTION NO. 79-362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT (PARCEL NO. 7). WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property described below; and, WHEREAS, in order to acquire said property, the City desires to enter into a contract for the purchase of the real property described below with the owners of said property: David Braverman and the DJ Trust, Edmund Gatens, Trustee. 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 a contract for the purchase of the real property described below: Commencing at the NE corner of Lot Two (2) in Part b Southgate Addition to the City of Iowa City, Iowa, thence N78 27100"W 60.00 feet along the north line of said Lot Two (2) to the goint of beginning; thence S11°33'00"W 148.00 feet; thence N78 2710011W 68.69 feet; thence N11°33'00"W 24.14 feet; thence northeasterly 130.74 feet along a 829.55 foot radius curve concave northwesterly and whose 130.61 foot chord bears N30003103"E; thence S78027'00"E 27.25 feet to the point of beginning. Said parcel contains 7,596 square feet more or less. Commencing at the NW corner of Lot Two d2) of Part I Southgate Addition to the City of Iowa City, Iowa; thence Sll 3310011W 123.86 feet to the point of beginning; thence S11°33'00"W 215.35 feet; thence southwesterly 20.96 feet along a 1015.83 foot radius curve concave southeasterly and whose 20.96 foot chord bears S29036108"W; thence S890 5814911W 96.08 feet; thence northeasterly 218.61 feet along a 1100.83 foot radius curve concave southeasterly'and whose 218.25 foot chord bears N320161161'E; thence N3705713711E 6.44 feet; thence northeasterly 49.16 feet along a 829.55 foot radius curve concave northwesterly and whose 49.15 foot chord bears N3601510711E to the point of beginning. Said parcel contains 12,121 square feet more or less. Beginning at the NW corner of Lot Five (5) in Part I Southgate Addition to the City of Iowa City, Iowa; thence S7802710011E 59.66 feet; thence southwesterly 9.26 feet along a 914.55 foot radius curve concave northwesterly and whose 9.26 foot chord bears S37040113"W; thence S3705713811W 6.44 feet; thence southwesterly 137.73 feet along a 1015.83 foot radius concave southeasterly and whose 137.63 foot chord bears S34004'3411W to the westerly line of Lot Five (5); thence N11°33'00"E 141.21 feet along the westerly line of Lot Five (S) to the point of beginning. Said parcel contains 4143.32 square feet more or less. Res. No. 79-362 -2- It was moved by Perret and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl �— Neuhauser x Perret x Roberts x Vevera Passed and approved this 31St day of Ju ATTEST: jla—'t" City C erk 1979. Mayor FMCEIVED S iPPROVED BY THEXGAL FF;:? RENT ( I p 4 57/ low CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY Parcel No. 7 IDOT Agreement No. 78-S-083 Project No. M-4051(2)--81-52 Road: South Gilbert Street THIS AGREEMENT made and entered into this day of , 1979, by and between David Braverman and the D.J. Trust, Seller, and the CITY OF IOWA CITY, Buyer. In consideration of the agreements, covenants, and provisions herein contained, Seller hereby agrees to sell and furnish to Buyer a Warranty Deed on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: Commencing at the NE corner of Lot Two (2) in Part I Southgate Addition to the City of Iowa City, Iowa, thence N 78027'00" W 60.00 feet along the north line of said Lot Two (2) to the point of beginning; thence S 11033'00" W 148.00 feet; thence N 78027'00" W 68.69 feet; thence N 11033'00" W 24.14 feet; thence northeasterly 130.74 feet along a 829.55 foot radius curve concave northwesterly and whose 130.61 foot chord bears N 30003'03" E; thence S 78027'00" E 27.25 feet to the point of beginning. Said parcel contains 7,596 square feet more or less. Commencing at the NW corner of Lot Two (2) of Part I Southgate Addition to the City of Iowa City, Iowa; thence S 11033'00" W 123.86 feet to the point of beginning; thence S 11033'00" W 215.35 feet; thence southwesterly 20.96 feet along a 1015.83 foot radius curve concave southeasterly and whose 20.96 foot chord bears S 29036'08" W; thence S 89058'49" W 96.08 feet; thence northeasterly 218.61 feet along a 1100.83 foot radius curve concave southeasterly and whose 218.25 foot chord bears N 32016'16" E; thence N 37057'37" E 6.44 feet; thence northeasterly 49.16 feet along a 829.55 foot radius curve concave northwesterly and whose 49.15 foot chord bears N 36015'07" E to the point of beginning. Said parcel contains 12,121 square feet more or less. Beginning at the NW corner of Lot Five (5) in Part I Southgate Addition to the City of Iowa City, Iowa; thence S 78027'00" E 59.66 feet; thence southwesterly 9.26 feet along a 914.55 foot radius curve concave northwesterly and whose 9.26 foot chord bears S 37040'13" W; thence S 37057'38" W 6.44 feet; thence southwesterly 137.73 feet along a 1015.83 foot radius concave southeasterly and whose 137.63 foot chord bears S 34004'34" W to the westerly line of Lot Five (5); thence N 11033'00" E 141.21 feet along the westerly line of Lot Five (5) to the point of beginning. Said parcel contains 4143.32 square feet more or less. The premises include all estates, rights, title and interests in the real property specified subject to all easements, whether temporary or permanent. Seller consents to the proposed establishment, realignment and/or any change of grade of South Gilbert Street and hereby accepts payment under this contract for any and all damages arising therefrom. The premises also include all rights, title, interest and leasehold in all advertising devices and the right to erect such devices as are located thereon. This contract shall apply to and bind the legal successors in interest of the Seller and Seller agrees to pay all liens and assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship, Seller agrees to obtain court approval of this A* 2 T contract if deemed necessary by the Buyer's attorney. Names and addresses of lienholders are: None 3. Seller agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises in Seller and agrees to make all necessary abstract corrections and Buyer agrees to pay the cost of continuing the same. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e, abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished by Buyer and paid in an amount supported by paid receipts or signed bills. 4. Seller warrants that there are no tenants on the premises holding under lease except: None Seller warrants that there are no tenants on the premises holding without lease except: None Buyer shall take the premises subject to the rights of the tenant. Subject to the payment of the Lump Sum, Seller does hereby assign his rights under the terms of said lease to so much of the leased premises as is the subject of this contract. 5. By signing this contract Seller does not jeopardize his right to - relocation assistance benefits for which he may be eligible under law. 6. Possession of the premises is the essence of this contract and Buyer may take immediate possesion of the premises per the terms of this contract for purposes set forth herein. Seller may at his option surrender possession of the premises, or building, or improvement, or any part thereof located thereon prior to the time at which he has hereinafter agreed to do so. Seller agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possesion, use and enjoyment of same. 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title and to surrender physical possession of the premises as shown on the Schedule listed below. Payment Amount Scheduled Performance Performance Date $ - on right of possession - S - on conveyance of title $ - on surrender of possession - $106,800.00 on possession and conveyance 30 days from date hereof $106,800.00 TOTAL LUMP SUM BREAKDOWN Land by fee 23,860 (SQ. FT.) including - (SQ. FT.) in presently established Highway Permanent Easement for - (SQ. FT.). Temporary Easements for 9,670 (SQ. FT.). Buildings -- Other Improvements including fence Access Control Damages to remainder $23,290.00. Buyer and Seller hereby agree that the amounts described herein constitute just compensation to Seller for all property interests described herein. 8. Claims for all lump sum payments are certain and due and payable on or before the date specified herein. Buyer may include mortgagees, lienholders, encumbrancers and taxing bodies as payees on warrants for contract payments. 3. If, and only if, the Seller, immediately preceding this sale, holds the title to the premises in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this contract, and any continuing and/or recaptured rights of Seller in said real property, shall be and continue in Seller as joint tenants with rights of survivorship and not as tenants in common; and Buyer, — in the event of the death of either of such joint tenants, agrees to pay any balance of the proceeds of this contract to the surviving Seller and to accept deeds solely from him. 10. It is agreed Buyer may enter on the premises, upon Seller signing the contract, if necessary for the purpose of obtaining field information. 11. Seller hereby grants to Buyer a temporary construction easement over the following described real property, to -wit: A strip of land 20 feet wide lying easterly of and adjacent to the east right-of-way line of realigned South Gilbert Street and extending from Station 67+47 to Waterfront Drive; also a strip of 20 feet wide lying westerly of and adjacent to the west right-of-way line of realigned South Gilbert Street and extending from Station 66+90 to the Highway N6 right-of-way line; all as shown on the South Gilbert Street construction plans. for the purposes of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant conveys to Buyer, and its agents, employees, and contractors employed by Buyer for the construction of said improvements, the right to enter and encroach upon the above described real property for the period of construction of said improvements. This grant includes, but is not limited to, the following purposes: excavation, removal of pavement, installation of sewers, installation of water mains, installation of pavement, sidewalks, and driveways, and grading the street, sidewalks or driveways to street grade. This grant may also include storage of equipment or materials on the above described real property. It is expressly understood -that Buyer, by accepting this grant of temporary construction easement, agrees to replace and repair any damage to said real property caused by said construc- tion and agrees to fine grade and reseed said real property. The said temporary construction easement shall become null and void upon completion of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. 12. This written contract constitutes the entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 4 pages. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. David Braverman SELLER: BY: THE DJ TRUST Edmund Gatens, Trustee SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this day of , 1979, before me, the undersigned, a Notary Public in and fo_r_t_he_7§t__at_e__o7 Iowa, County of Johnson, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Edmund Gatens further acknowledged that, as the Trustee of the DJ Trust, he was duly authorized to execute the foregoing instrument on behalf of the DJ Trust. Notary Public in and for the State of Iowa My Commission expires BUYER: CITY OF IOWA CITY BY MAYOR ATTEST: CITY CLERK BUYER'S ACKNOWLEDGMENT STATE OF IOWA SS COUNTY OF JOHNSON On this -7-d— day of , 1979, before me, the under- signed, a Notary Public in and foiP the State of Iowa, County of Johnson, personally appeared Robert A. Vevera and Abbie Stolfus, to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the said municipal corporation, executing the within and foregoing instrument; that said instrument was signed and sealed on behalf of said municipal corporation by the authority of its City Council; that the said Mayor and City Clerk as such officers acknow- ledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Notary Public in and for State of owa My Commission expires 4Zd / AD RECEIVEb 1 lii'P,0' _D 9 6, L"si t 119ART11ENf RESOLUTION NO. 79-363 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, 601 SOUTH GILBERT 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, 601 S. Gilbert Street, Iowa City, Iowa, for the purpose of office space from July 1, 1979, to June 30, 1981, at a rate of $1,463 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 Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse Erdahl _x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July , 1979. ATTEST:�C4 CITY CLERK aez,, MAYOR EECEIVEm 6 APPRO;'$D Bi �8E LEGAL DEPART1CINT Goy , ( IOWA STATE RAR ASSOCIATION OR THE LEGAL EFFECT OF THE USE Official Form No. 30 OF THIS FORM, CONSULT YOUR LAWYER BEST `s DOCUMENT LEASE -BUSINESS PROPERTY AVAILABTE t1S LEASE AGREEM NT, a scutal in duplicate, made and entered into this day of fly , 19X777—, by and between talk• IOC' (hereinafter called the "Landlord") whose address for the purpose of this lease is 901 Sa►sth t3ilDart !t, Iona CitTe Io * Iona �22�® Streetl:l��®� rl IOM City, iC'6� l and (state) (Zip Code) (hereinafter called the "Tenant") whose address for the purpose of this lease Is 410 Balt WaShiIIgtoa Streate Iam City Iowa 32240 (Street and Number) (City) WITNESSETH THAT: (state) (Zip Code) I. PREMISES AND TERM. The Landlord, in consideration of the rents heroin reserved and of the agreements and conditions hore- in contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and lassos from Land• j, lord, according to the terms and provisions herein, th• following described real estate, situated in JOHNSON .ounty, Iowa, to wit: theprsai5*8 Cusrantly coaopiad by the Citp of Io.. City at 322 Zest Washington Street, Iowa City, Iotas also knevn as the Davis Buildings Consisting of the first float teeth Blind the ascarid floor North and South of the staitvall. i with the improvements thereon and all rights, easements and appurtenances thereto belongiV111116ch, more particularly, includes the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a to st Jurycommencingof mid- �l alghTIF the day previous to the first day of the lease term, which shall be an the _�dthof 19_ and eedIn of midnight on the last day of the loose term, which shall be on the day of 19 upon the condition that the Tenant pays rant therefor, and otherwise performs as in this lease provided. 10443.00 2. RENTAL. Tenant agrees to pay to Landlord as rental for said form, as follows: S per month. In advance, td rens meat becoming due upon StrikeIGJ pa�s - one (b) the dares--�ly 19 and the same amount, per mouth, In advance, on the day of each month thereafter, during the form of this lease. On u"t"Islo'14"ffe el4t��yY�E!!T°1 1i8$°yinar as.a for the following loving year in i proportion of the fLS bmtsau of Labor Standards - Consaser Price Index All Urban Constmarn for April 1979 with the same cost of living In 3: for Too All sums shall be paid at the address of Landlord, as above designated, or at such other pisco in Iowa, or elsewhere, as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at 9 °/s 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 W sso- able to give possession qe sell data, Tenant's only damages aloll he a rebafing of the pro rata rental. fiasa 40�SQO�ael6@RR!lafRtaslt ��nhe form of this lease to use and to occupy the leased premises only for i For restrictions on such use, see paragraphs 6 (c 6 (d) and I I (b) below. ee i11�,9I,a 5. 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 promises for the form of this loose 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 premises at any time without notice, subject to this lease. 16. CARE AND MAINTENANCE OP PREMISES. 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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 expense procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts not less than $100,000 for any one person injured, and $500,000 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 chastised promises during the term thereof. Certificates or copies of said policies, naming the Landlord, and providing for fifteen (15) days' notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20) days from the date of the beginning of the term of this lease. As to insurance of the Landlord for roof and structural faults, sea paragraph 11 (a) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the went of a partial destruction or damage of the leased promises, which is a business interference, that is, which prevents the conducting of a normal business operation and which damage is roasonably ropai table within sixty (60) days after its occurrence. this loose shall not terminate but the rent for the leased promises shall abate during the time of such business interferon". 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 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 rate only to the data 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 than be en. titled to take such proportion of said award as may be fair and reasonable. (bj DATE OF LEASE TERMINATION. If the whole of the domised 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 loose will terminate of the expiration of the option form or forms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the farms 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 sale or other transfer of Tenant's leasehold interest by reason of any bankruptcy or insolvency proceedings or by other operation of low, 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, than 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 ( 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 lest 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 promises either or both a "For Rant" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the promises. 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 lien or other lien of any kind or character whatsoever, upon said promises 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 also 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 substitutionstherefor, 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 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 form of this lease, or renewal thereof, to sell or otherwise dispose of any personal property of the Tenant situated on the said demised promises, 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 expanse, substitute for such items of personal property so sold or otherwise disposed of, a new or other Rom in substitution thereof, in like or greater value and adapted to the affixed operation of the business upon the demised premises. (bj Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandiso in the ordinary course of the Tenant's trade or budmess. coarrlant 1e71 be Te. raw. slel. v ;.Nen. ml' r.8a1. ,eUrvea. No n all .. may ee ,eProduced by any ���� , witbout perm,..ion, ib wr,li­ "'Iowa slate ear R,.oclalien. 21. RIGHTS CUMULATIVE.ar'ious rights, powers, options, elections and remedies of either party, provided -in this lease, shall be construed as cumulative and no ons of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed olthar Party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy 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 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 bo 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 United States mail box. 23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and ovary covenant and agreement herein con• tained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the partici hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shell be the surviving joint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, farms or conditions of this lease to be kept or performed by Landlord or Tenant shall he in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties ,end delivered to the Landlo,d 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 promises. 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. a. Any improvements made by lessee shall remain at termination of this 21ease. h. Tenant shall remove all snot and ice on both. Washington and Gilbert Streets for the entire length of the building, and shall also main, tain the parking and lawn on Gilbert Street. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written. CITY OF IOWA CITY WASHINGTON PARK, INC. / BY: 12. -xitoc a✓ (MAYOR X 'gRILU GLASGOW, P siders B � CITX CLERK x} BY: C�S (c .c INDIVIDUAL "1 PRANK BOXD, SECRET Y ar '••�• STATE OF ro.s ai.t•rs COUNTY OF SS. TENANT a� o•A1ias On this day of 19_, before me, the undersigned, a Notary Public in and for said County and m,.... Is State, personally appeared and to me personally known to be the identical persons named in and who executed the within and foregoing insfrumenf, and acknowledged that they executed the same as their voluntary eat and dead. (SEAL) .--......_...__�..__._.._ ._ Notary Public in and for said County and State CORPORATION. STATE OF Iowa �o if neon �SS. COUNTY OF On this S day of UgUS A. D. 19 79 , before me, the undersigned o Notary Public in and for se' Cquppiiyy end $teie, personally eppaered o ert . Vevera and Abbie Jt01 TUS to me, personally kn�•w whi+ in6y me dui sworn, did se that the are the Mayor Wi and p y city y�erK y y y y inure c3 pa �.,a. respectively, of said �corpore�ion executing the xithin and foregoing instrument, that ( it dX4*AUd) corporation; ;hat said instrument was signed (and sealed) on aaT•ae. (the seal af'xe the to is the eal of said) municipal k zo� )a Robert A. Vevera Abbie ._.• sr.. sa behalf of yai :orpora},on by authority of its k9Q qp :and teat the said end Sto� u$ as such officers acknowledged the execution of said instrument to be the voluntary act and dead of said corporation by it and by them voluntarily executed. P // (SEAL) •------M-a-.rian-—.c_kssY___ Notary Public in and said County and State FIDUCIARY STATE OF COUNTY OF SS. On this day of A. D. 17 , 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 porion 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, n 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) members) of the Partnership executing the within and foregoing instrument and acknowledged that (he) (they) executed the some as the voluntary act and deed of said co.partner(s) by (him) (them) and by said partnership Voluntarily executed. ----------••---•• ._.__._�_._ Notary Public in and for said County and State For acknowledgment as a corporate fiduciary see obverse side of Court Officer Deed (Official Form No. 101. 14) RESOLUTION NO. 79-364 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCRn A "'e, 1 �,, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvges dor the followinnamed person or persons at the following described location: Senor Pablos Ltd., 830 1st Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdabl Neuhauser Perret Roberts Vevera Roberts and seconded by Perret as rea a adopted, and upon r Z�caIT Passed and approved this AYES: NAYS: ABSENT: x x x x x x x 14th 'day of August , 19 79 . Attest: City Clerk f /DOS RESOLUTION NO. 79-365 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Senor Pablos Ltd.,830 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of August 19 79 . y r ro _em //J Attest: ,eL ��^ , City Clerk ) /o,1)3 RESOLUTION NO. 79-366 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYZrA = BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—for the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as rea a adopted, and upon r 7 cell there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 14th day of August 19 79 .1 Attest: City Clerk RESOLUTION NO. 79-367 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera Passed and approved this 19 79 . M r Pro tem Attest: City Clerk x x 14th day of August /d 0.5J RESOLUTION NO. 79-368 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: Highlander, Inc. dba The Highlander Inn and Supper Club, Route 2 It was moved by Roberts and seconded by— that the Resolution as reade adopted, and upon rol ca t ere were: AYES: Balmer deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera 19 79 NAYS: ABSENT: x x Passed and approved this 14th day of Attest: August /Q6 6 RESOLUTION NO. 79-369 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCAi'IaA BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�For the following named person or persons at the following described location: Plamor Bowling, Inc. 1555 - 1st Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Roberts and seconded by Perret as res a adopted, and upon rol�caII AYES x x x x x Passed and approved this 14th Attest: City Clerk NAYS: ABSENT: 9 day of August 19 79 /D D 7 ro em /D D 7 J� RESOLUTION NO. 79-370 RESOLUTION OF APPROVAL OF CLASS LJiqunr SUNDAY PERMIT APPI,ICA'rION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Plamor Bowling, Inc., 1555 - 1st Ave Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera 19 ABSENT: P x Passed and approved this 14th day of August , 79 _ Attest:���(/aY�� City Clerk ��— RESOLUTION NO. 79-371 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTU'= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve for the following named person or persons at the following described location: Iowa River Pizza Company, Inc. dba Applegate's Landing, 1411 South Gilbert St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution ass re -07e adopted, and upon -7-611 caTf there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of August 19 79 Attest: A / City Clerk 1/ RESOLUTION NO. 79-372 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Iowa River Pizza Company, Inc. dba Applegate's Landing, 1411 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution as readopted, and upon roll call there were: Balmer AYES: NAYS: x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera Passed and approved this 14th 19 79 ABSENT: Ki x day of August i�/ J. Attest: � w� City Clerk 5 RESOLUTION NO. 79-373 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 Roberts and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 19 79 14th X X day of August , Attest:fiWt_'-C - City Clerk 0 . C % .. ,1� CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-99 - Tuck's Place, 210 North Linn (James J. Tucker) 80-100 - Leo's Standard Service, 130 North Dubuque St. (Leo P. Lenoch) 80-101 - Towncrest Texaco, 2303 Muscatine Ave. (Regal Vending) 80-102 - Lon's Gas & Grocery, 105 E. Burlington (Lon Brown) 80-103 - Country Kitchen, 1401 S. Gilbert St. (Ronald L. Novak & Richard G. Bowers) 80-104 - V.F.W. Post 2581, 1012 Gilbert Court 80-105 - Pagliai's Pizza, Ltd., 302 East Bloomington St. 80-106 - The House of Submarines, 12 South Dubuque (Hawkeye Amusement) 80-107 - Rochester Ave. DX, 2233 Rochester Ave. (Robert E. Shank) —80-108 - East-West Oriental Foods, 615 Iowa Ave. (Inn Ho Shinn) 80-109 - Osco Drug #826, 120 E. College St.(Osco Drug, Inc.) 80-110 - Sanctuaryy, 405 S. Gilbert St. (Regal Vending) 80-111 - Hilltop D -X, 1123 North Dodge St. (DOMLL, Inc.) 80-112 - Chuck's Clark, 504 E. Burlington (Charle J. Christensen) _ 80-113 - Maid -rite, 630 Iowa Ave. (Joseph Momberg) 80-114 - Ware & McDonald Oil, 828 South Dubuque St. 80-115 - Best Steak House, 1 South Dubuque (Bill Mihalopoulos) 80-116 - Lakeside Apts., Highway 6 West (Iowa City Vending) 1`All 80-117 - Sears, Roebuck, Sycamore Mall (Iowa City Vending) 80-118 - Kirkwood 76 Store, 300 Kirkwood Ave. (Inland Transport Co.) 80-119 - Harry's Dodge St. DX, Inc., 605 North Dodge 80-120 - Mall Mobil, Sycamore Mall (Robert Uhler) 80-121 - Amelon's Skelly Service, Inc., 204 North Dubuque 80-122 - University of Iowa Football Stadium, Ogden Food Service Corp. 80-123 - The Shamrock, 525 S. Gilbert St. (Richard T. Corcoran) 80-124 - Russ' Standard, 305 N. Gilbert (Rosalie Vitosh) 80-125 - Walt's, 928 Maiden Lane (Walter Poggenpohl) 80-126 - Comer's, Inc., 13 South Dubuque St. 80-127 - Doc's Standard, Inc., 801 S. Riverside Dr. 80-128 - Sambo's Restaurant, 3760 State St. (Canteen Food & Vending Service) 80-129 - Nickelodeon, 208 North Linn (Robert Dane) 80-130 - Bart's Place, 826 South Clinton (Richard J. Bartholomew) 80-131 - Donutland #41, 817 S. Riverside Dr. (Donutland, Inc.) RESOLUTION NO. 79-374 KtSOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLIU= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—Tor the following named person or persons at the following described location: Cardan, Inc. dba Joe's Place, 115 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by Perret that the Resolution ae rhe adopted, and upon ro '% a l there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 14th day of August 19 79 ~y Pro tem Attest: City Clerk RESOLUTION NO. 79-375 fi' RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION )0)r FOR MODULAR BUILDING RENOVATION - FIVE UNITS 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 28thday of August , 19 79 , 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: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 14th day of August 19 79 . ATTEST: Ar I /� RESOLUTION NO. 79-376 RESOLUTION SETTING PUBLIC INFORMATION MEETING ON PLANS FOR BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public information meeting on the plans for the above-named project be held on the 22nd day of August , 1979 , 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 information meeting 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. It was moved by Roberts and seconded by Perret that the Resolution as read be adopte_d_,`a_n'cT upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 14th day of August , 1979. MAYOR Pro -tern ATTEST: CITY CLERK r1EGJ'.T 7F2 /d /S - RESOLUTION - RESOLUTION NO. 79-377 RESOLUTION APPROVING FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF LOT 7 OF BLOCK 2, BRAVERMAN CENTER KNOWN AS CEDARWOOD APARTMENTS WHEREAS, a final Large Scale Residential Development Plan of Lot 7 of Block 2, Braverman Center known as Cedarwood Apartments, Iowa City, Iowa has been filed with the Clerk of Iowa City, and after consideration was found to be In accordance with the provisions of the laws 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 Improvement agreement has been entered into between the City of Iowa City and Southgate Development Company, Inc., for the Installa- of certain improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa that the said final Large Scale Residential Development Plan of Lot 7 of Block 2, Braverman Center known as Cedarwood Apartments be and the same is hereby acknowledged and approved on the part of Iowa City, Iowa. BE IT FURTHER RESOLVED that at such time as the certificates required pursuant to the provisions of Chapter 409 of the Code of Iowa have been executed and presented to the Clerk, the Mayor and the Clerk are hereby directed to certify a copy of this resolution to the County Recorder of John- son County, Iowa. The foregoing resolution was moved by deProsse , and seconded by Erdahl at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 14th day of August , 1979, commencing at 7:30 P.M. Upon roll call the following vote was taken: Received & Approved By The Legal Department xys z-/0--15 /D/d Res. No. 79-377 —2— BALMER Aye x Nay Absent DEPROSSE Aye x Nay Absent ERDAHL Aye x Nay Absent NEUHAUSER Aye Nay Absent x PERRET Aye x Nay Absent ROBERTS Aye x Nay Absent VEVERA Aye Nay Absent x The foregoing is hereby duly certified by Abbie Stolfus, the City Clerk of Iowa City, as a true and exact copy of a resolution of the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of August 1979. 1979. ( (' iitl a e l Abbie Sto us, city c�rTof Iowa City, Iowa Passed and approved this day of ATTEST: itye`1 rk � a � D JIJFI ? ,, l°iJ ABDIF C (,11(Y CLERK c3� ..P,� /D /% RESOLUTION NO. 79-378 RESOLUTION PROPOSING TO SELL A PORTION OF REAL PROPERTI' OWNED BY THE CITY OF IOWA CITY AND LOCATED AT THE NORTHWEST INTERSECTION OF SOUTH GILBERT STREET AND U.S. HIGHWAY 6 WHEREAS, the City of Iowa City owns the real property legally described as follows: The south half of that part of Out Lot Two (2) in Cook, Sargent and Downey's Addition to Iowa City, Iowa, that lies south of the north 120 feet of said Out Lot Two (2), that lies northeasterly of a line 110 feet normally distant northeasterly of and parallel to the centerline of primary road No. U.S. 6, that lies northwesterly of a line 30 feet radially distant northwesterly of and concentric to the centerline of South Gilbert Street. Said tract contains 4,663 square feet more or less; and, WHEREAS, the City Council proposes to sell the above-described property to Arie Kroeze and Antonia Kroeze; and, WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the above-described real property will be $3.50 per square foot, for a total price of $16,320.50. 2. The City will reserve a temporary construction easement over the easterly 10 feet of the above-described property, said easement to be for the period of construction of the South Gilbert Street Improvement Project; and, WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on the proposal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the City proposes to sell the above-described real property to Arie Kroeze and Antonia Kroeze for $16,320.50. 2. That the City Clerk is authorized to publish notice of this proposal and further, to publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the 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 p.m. on the 28th day of August, 1979, and any person having objections to said proposed action may appear and file their objections at said hearing. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: RTCEi7FS & % „m /19 /,%;, Res. No. 79-378 -Z- AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August , 1979. ATTEST: City Clerl RESOLUTION NO. 79-379 RESOLUTION AUTHORIZING THE CITY MANAGER TO MODIFY PREVIOUSLY ESTABLISHED AMOUNTS OF JUST COMPENSATION FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR ACQUISITION OF SAID RIGHT-OF-WAY. WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.00 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property described in the construction plans for the South Gilbert Street Improvement Project, and to acquire said real pro- perty either by purchase or by exercise of the powers of eminent domain; and, WHEREAS, The City has received appraisals, staff reports and recommendations concerning the Just Compensation for certain real property contained therein, and has reviewed the appraisals, and reports, and being familiar with the said real property, has established the Just Compensation for said property for the purposes of acquisition; and, WHEREAS, the City has proceeded to initiate negotiations for acquisition of the said real property, and is now in the final stages of concluding many of the said negotiations, and needs the capability to, where necessary, modify on short notice the previously established amounts of Just Compensation for acquisition of right-of-way for the South Gilbert Street Improvement Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager, upon review of appraisals, staff reports and recommendations, and other information, is hereby authorized to modify where necessary the previously established amounts of Just Compensations for the acquisition of right-of-way for the South Gilbert Street Improvement Project; and that the Mayor is hereby authorized to sign and the City Clerk to attest Contracts for acquisition of said right-of-way for the respective amounts of Just Compensation so established by the City Manager. 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 deProsse X Erdahl X Neuhauser _ X Ferret _ X Roberts X Vevera /dad Resolution No. 79-3/9 Page 2 Passed and approved this 14t11day of Migiist , 1979. ATTEST: City Clerk /d 07/ RESOLUTION No. 79-380 RESOLUTION AUTHORIZING EXECUTION OF 13(c) Labor PROTECTION AGREEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the a encles II t d be w , a copy of said being at to s Resolution s reference made a part Teo , and, WHEREAS, the City Council deems it in the public interest to enter into said agreement pursuant to Section 13(c) of the Urban Mass Transporta- tion Act of 1964, as amended, between the City of Iowa City, lead agency, and the American Federation of State, County and Municipal Employees, AFL-CIO, Local 183 and Local 12; University of Iowa CAMBUS, City of CoralvlIle NOW, THEREPORE, 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 agencies listed above 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting entre. It was moved by Perret and tended by deProsse the Resolution be adopted, atr�call there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 14th day of August p, 1979. 1,14 aj_'_1L72 Ma r _ ro tent ATTEST:., CityClerk Ratehnd i Approved By The Legal Departnwnf CKs ?,-s - n /a AGREEMENT AGREEMENT PURSUANT TO SECTION 13(c) OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, BETWEEN THE CITY OF IOWA CITY, LEAD AGENCY, AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 183 AND LOCAL 12, THE UNION. WHEREAS, the City of Iowa City, Iowa ("Lead Agency") has filed a Section 3 Mass Transportation Capital Improvement Grant Application for FY79 under the Urban Mass Transportation Act of 1964, as amended, to assist in the financing of capital equipment purchases of seven (7) 45 passenger coaches, two (2) 12-17 passenger lift - equipped small buses, and two (2) 14 passenger vans, as more fully described in the project application ("Project"); and WHEREAS, the University of Iowa CAMBUS Service, the City of Coralville Transit Division, and Johnson County SEATS, all provide transit service in coordination with the above-named Lead Agency; and WHEREAS, employees of the Lead Agency and the City of Coralville are represented by AFSCME Local 183, and some transit employees of the University are represented by AFSCME Local 12. Other student employees of CAMBUS are not organized but operate under University policies and employees of Johnson County SEATS are not organized but operate under statutory rights and responsibilities for employees; and WHEREAS, Sections 13(c) and 3(c) of the Act require, as a condition of assistance thereunder, that fair and equitable arrangements be made, as determined by the Secretary of Labor "to protect the interests of employees affected by such assistance," including, without being limited to, the preservation of all rights, privileges and benefits under existing collective bargaining agreements or otherwise, the continuation of collective bargaining rights, the protection of individual employees against a worsening of their positions with respect to their employment, assurances of employment to employees of acquired transportation systems and priority of re-employment of employees terminated or laid off, and paid training and re-training programs in the event of termination or layoff, and WHEREAS, the normal procedure under the Act is for the applicant or employer of employees and the Union to assist the Secretary of Labor by agreeing upon such arrangements as will be fair and equitable to protect the interests of affected employees; NOW, THEREFORE, it is agreed that in the event that this Project is approved for assistance under the Act, the following terms and conditions shall apply: 1a 3 2 (1) When used in this agreement: (a) "employees" shall refer to all mass transit employees in the service area including but not limited to employees of the City of Iowa City who are engaged in the operation of the Iowa City Transit systems, employees of the City of Coralville who are engaged in the operation of the Coralville Transit system, employees of Johnson County who are engaged in the operation of the SEATS system, and employees of the University who are engaged in the operation of the Cambus system. (b) "employer" shall refer to the City of Iowa City, the City of Coralville, Johnson County and the University of Iowa. (c) "Project" shall refer to the purchase of buses and vans as described in Exhibit A of this application. (d) the phrase 'as a result of the project' shall refer to events occurring in anticipation of, during, and subsequent to the Project, which shall be limited to the purchase and use of buses and vans by the cooperating agencies. (2) The Project shall be carried out in such a manner and upon such terms and conditions as will not in any way adversely affect employees represented by the union. (3) All rights; privileges and benefits of employees represented by the Union under existing collective bargaining agreements or otherwise shall not be adversely affected as a result of this project. (4) The collective bargaining rights of employees represented by the Union as provided by applicable federal and state laws as well as rules and policies of the Board of Regents or the University or the Public Employment Relations Board shall not be adversely affected as a result of the Project. The Lead Agency and other agencies subject to this agreement agree that they will bargain collectively with appropriate unions to the extent of their duty to bargain under federal and state laws and that they will enter into agreements with the Union or arrange for such agreements to be entered into relative to all subjects of collective bargaining in accordance with federal and state laws. (5) (a) No employee shall be laid off or otherwise deprived of employment, or placed in a worse position with respect to compensation, hours, working conditions, promotional rights, fringe benefits, or rights and privileges pertaining thereto at any time during his or her employment as a result of the project. An employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in the /o a y 3 case of his or her resignation, death, retirement, dismissal for cause, failure to work due to disability or discipline. The Lead Agency or any other employer subject to this agreement shall have the burden of affirmatively establishing that any deprivation of employment from the above causes or any other worsening of employment position has not been a result of the project. In addition, an employee shall not be regarded as deprived of employment or placed in a worse position with respect to compensation, etc., in case of a curtailment of federal work study funds or funds provided from student fees for the operation of the CAMBUS system provided that the University makes a good faith effort to obtain such funds. (b) The Lead Agency and other employers subject to the agreement shall not discriminate in hiring, tenure, or other terms and conditions of employment against any employee on the grounds of membership or lack of membership in any employee organization. Nothing in this agreement shall be construed as forfeiture or modification by the Union and/or the employees covered by this agreement of any rights or benefits under any other agreement or provision of law. (c) Any employee of the Lead Agency or other employers subject to this agreement who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. For employees of the Lead Agency and the City of Coralville the grievance proceedings shall be a negotiated contract procedure existing between the parties or any subsequent procedure negotiated as a result of collective bargaining for the resolution of grievances. Final and binding dispute resolution procedures are provided for in the AGREEMENT BETWEEN THE CITY OF CORALVILLE TRANSIT DEPARTMENT AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE XIV - A, SETTLEMENT OF DISPUTES, GRIEVANCE AND ARBITRATION PROCEDURES, effective July 1, 1978 and the AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE XX, GRIEVANCE PROCEDURE, effective July 1, 1978. For employees of the University of Iowa, the grievance proceeding shall be conducted pursuant to the Regent's Merit System Rules or any other applicable Board of Regents or University rules or procedures which may exist in addition to or in substitution thereof, including any procedures existing pursuant to any collective bargaining agreements negotiated pursuant to Chapter 20 and which covers the individual employee. For University employees that are covered by a collective bargaining agreement, final and binding dispute resolution procedures are provided for in 4 the AGREEMENT BETWEEN THE STATE OF IOWA AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, ARTICLE IV, GRIEVANCE PROCEDURE, effective July 1, 1979. For University employees not represented by a labor organization, final and binding dispute resolution procedures are provided for in the UNIVERSITY OF IOWA OPERATIONS MANUAL, 20.300 Student Employee Grievance Procedure, effective June, 1979. Any employee of Johnson County who believes that he or she has been adversely affected in his or her employment as a result of this Project shall have the right to have that issue determined in a grievance proceeding. If that issue cannot be settled by the parties within 30 days after the dispute arises, either party may refer the dispute to the Secretary of Labor for determination. The determination of the Secretary of Labor or his designated representative shall be final and binding on the parties. (6) (a) Any employee covered by this agreement who is retained in the service of his employer, or who is later restored to service after being entitled to receive a dismissal allowance, and who is required to change the point of his employment in order to retain or secure active employment with the Lead Agency or other employers of this agreement in accordance with this agreement, and who is required to move his place of residence, shall be reimbursed for all expenses of moving his household and other personal effects, for the traveling expenses for himself and members of his immediate family, and for his own actual wage loss during the time necessary for such transfer and for a reasonable time thereafter, not to exceed five (5) working days. The exact extent of the responsibility of the Lead Agency or other employers of this agreement under this paragraph, and the ways and means of transportation, shall be agreed upon in advance between the Lead Agency or other employers of this agreement and the affected employee or his representatives. (b) If any such employee is laid off within three (3) years after changing his point of employment in accordance with paragraph (a) hereof, and elects to move his place of residence back to his original point of employment, the Lead Agency or other employers of this agreement shall assume the expenses, losses and costs of moving to the same extent provided in subparagraph (a) of this paragraph (6) and paragraph (7) hereof. (c) No claim for reimbursement shall be paid under the provisions of this paragraph unless such claim is presented to the Lead Agency or other employers of this agreement within ninety (90) days after the date on which the expenses were incurred. /o a G 5 (d) Except as otherwise provided in subparagraph (b), changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (e) Not withstanding the above, any employee of the University of Iowa required to change the place of his or her residence as a result of this project to retain or secure active employment with the University will be reimbursed pursuant to Article XI, Section 5 of the Agreement between the State of Iowa and AFSCME, AFL-CIO. (7) (a) No employee will be required to move more than twenty- five (25) miles as a result of this project. If such a transfer should occur and if a dispute over reimbursement for such involuntary moving or transfer arises which the parties are unable to resolve, the dispute will be referred to the arbitration clause of this agreement appearing in paragraph (5) (c) hereof. (b) Except as otherwise provided in paragraph (6) (b) hereof, changes in place of residence, subsequent to the initial changes as a result of the Project, which are not a result of the Project but grow out of the normal exercise of seniority rights, shall not be considered within the purview of this paragraph. (c) "Change in residence" means transfer to a work location which is either (A) outside the radius of twenty-five (25) miles of the employee's former work location and farther from his residence than was his former work location, or (B) is more than thirty (30) normal highway route miles from his residence and also farther from his residence than was his former work location. (8) This agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by reason of arrangements made by the Lead Agency or any other employer subject to this agreement to manage and operate the system. Any person, enterprise, body, or agency, whether publicly or privately owned, which shall undertake the management or operation of the applicable transit systems, shall agree to be bound by the terms of this agreement and accept the responsibility for full performance of these conditions. (9) In the event any provision of this agreement, is held to be invalid or otherwise unenforceable under federal, state, or local law, such provision shall be renegotiated between the parties for the purposes of adequate replacement under Section 13(c) of the Urban Mass Transportation Act of 1964. If such /62 7 1.1 negotiation shall not result in a mutually satisfactory agreement, either party may invoke the jurisdiction of the Secretary of Labor to determine substitute employee protective arrangements which shall be incorporated into this agreement. (10) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance, but shall be independently binding and enforceable by and upon parties hereto, in accordance with its terms. IN WITNESS THEREOF, the parties hereto have executed this agreement by their authorized representative(s) this / day of 1979. CITY OF IOWA CITY, IOWA JOHNSON COUNTY AREA PUBLIC EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1#183 / BY• �Ylri,l.G/�7ho�n dyir , e ewk ATTEST: City Clerk BY: BY: 4 e /"W. UNIVERSITY OF IOWA EMPLOYEES OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #12 /a a t /19� RESOLUTION No. 79-381 RESOLUTION WAIVING RESIDENTIAL SOLID WASTE COLLECTION FEES FOR QUALIFYING LOW INOOME RESIDENTS. BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. The residential solid waste collection fees shall be waived for qualifying low income residents and households. 2. To qualify for the annual waiver, all residents of a household must: a) be eligible under the low income criteria of one of the follow- ing programs: Supplementary Social Security Benefits, Title XX Program, ADC Program, Food Stamp Program; or, b) qualify for a reduction in the previous year's property tax pursuant to the Iowa Disabled and Senior Citizen Property Tax and Rent Disbursement Claim Program. 3. Application for the waiver shall be accepted from July 1 through August 31st of each year; however, the effective date of the waiver shall extend retroactively to July 1st of that year. 4. The waiver shall be effective for one year, and renewal applications shall be made from July 1st through August 31st of each year. 5. The waiver of fees established by this resolution shall be effective retroactively to July 1, 1979. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT Y Balmer x DeProsse X Erdahl x Neuhauser X Perret X Roberts x Vevera Passed and approved this 1 ATTEST: LLQ City Clerk i 1\ August , 1979 RECEIVED & APFr, -T'7 BY }�� LEGAL DEF.•RY�t-cNT 16�10�y RESOLUTION NO. 79-382 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE FY80 ASPHALT RESURFACING PROJECT IN IOWA CITY WHEREAS, L. L. Pelling Co., 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 L. L. Pelling Co., Inc. for Div. 1, 2, 3, 4, and Alt. 1B at $205,373.7 , 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 deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved thin 14th day of AuUtist , 19 79 ATTEST: Received & Approved By The Legal Department W we 1* -a- �{ RESOLUTION NO. 79-383 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SUNSET STREET IMPROVEMENT PROJECT WHEREAS, _ Metro Pavers, Inc., of Iowa City 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. of Iowa City at $29,958.00 , 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 Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x . Vevera Passed and approved this 14thday of August 19 79 ATTEST: .BY The Legal Department Council Memher R94Brs introduced the following Resolution entitled '9F1 SOLUTION DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Perret _ _ seconded the motion to adopt. The roll was celled and the vote was, AYES: Roberts, Balmer, deProsse, Erdahl, Perret NAYS: None ABSENT: Neuhauser, Vevera Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-384 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: c Cedar Hill Construction $ 12s825.40 -2- AHLERS. GOONEY. DORWEILER. HAYNIE G SMITH. LAWYERS. DES MOINES. IOWA Id31Z 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 SDI Second Addition Improvements Construction Fund, as follows: CONSTRUCTION WARRANT NO. TO DATE AMOUNT 01 Cedar Hill Constr. $12,825.40 -3- AHLEn S. COONEY. DOR WEILER. HAYNIE a SMITH. LAWYERS. DES MOINES. IOWA 19PASSED AND APPROVED, this 14th- day oC August , )g . ------------------- �� ybr rod em ATTEST: Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE 9 SMITH. LAWYERS. DES MOINES. IOWA /D 3�1 No. 01 UNITED STATES OF AMERICA $ 12,825.40 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 _Cedar hill Constr. of Oxford Iowa , its successors or assigns, tTie sum of—�-12,825.40 , witinterest 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 DDI 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 21 , 19 79, and issued under authority of Section 384.57--6-f 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 instrument to be executed by Clerk with t e seal of said of --' 19719 . (SEAL) City of Iowa City has caused this its Mayor, and attested by its City affixed as of the day ATTE -�- Clerk -"— CITY OF II)OWA CITY, IOWA 11.01 Mayor This instrument resented and not paid for want of funds this /eL day of 19 -7V. City Treaa1irer AHLERS, COONEY, DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to in consideration of receipt by the undersigne rom saFd- 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.) AHL[RS. COONEY, DORWCIL[R. HAYNIT • SMITH. LAWYERS. D[! MOINES. IOWA /4.3 6 RESOLUTION NO. 79-385 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO CERTIFY AN AGREEMENT WITH THF. CITY OF TIFFIN, IOWA. WHEREAS, Chapter 403A of the Code of Town confers upon every municipality certain powers in the field of low rent or subsidized housing; and WHEREAS, the City Council of the City of Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers outlined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more muni- cipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, constructing, or operat- ing a housing project or projects; and WHEREAS, Chapter 28E of the Code of Iowa provides that any power exercised by a public agency of this state may be exercised and enjoyed with any other public agency in this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, the City of Iowa City and the City of Tiffin wish to enter into an Agreement that will permit the Iowa City Housing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City limits of Tiffin, a copy of which is attached to this Resolution as Exhibit "A" and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor be authorized to execute and the City Clerk certify a copy of said Agreement. 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 de Prosse X Roberts X Neuhauser x Perret X Erdahl X Vevera Passed and approved this 14th day of August , 1979. o. ottem� � ATTEST: City Clerk zi in un►l, DI',PAIlT1iP T /)rJ7 AGREEMENT THIS AGREEMENT, entered into by and between the City of Iowa City, Iowa, hereinafter called Iowa City and City of Tiffin, hereinafter called Tiffin. WHEREAS, Chapter 403A of the Code of Iowa confers upon every muni- cipality certain powers in the field of low rent or subsidized hous- ing; and WHEREAS, Iowa City pursuant to Chapter 403A.5 of the Code of Iowa has created the Iowa City Housing Authority to exercise the powers out- lined in Chapter 403A; and WHEREAS, Chapter 403A.9 of the Code of Iowa provides that two or more municipalities in Iowa may jointly exercise the powers conferred in Chapter 403A for the purpose of financing, planning, undertaking, con- structing, or operating a housing project or projects; and WIIEREAS, Chapter 28E of the Code of Iowa provides that any power exer- cised by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having such power; and WHEREAS, pursuant to Chapter 403A and Chapter 28E of the Code of Iowa, Iowa City and Tiffin wish to enter into an Agreement that will permit the Iowa City }lousing Authority to make housing assistance payments on behalf of eligible families to owners of property located within the City Limits of Tiffin. NOW, THEREFORE, BE IT AGREED BY AND BETWEEN Iowa City and Tiffin as follows: 1) TERM: That the term of this Agreement shall commence with the date of this Agreement and shall continue un- less terminated as provided herein. 2) TERMINATION: That this Agreement may he terminated by either party giving notice to the other in writing as prescribed in this Agreement 180 days in advance of the date of the proposed termination. /a'3l? - 2 - Upon receiving notice of termination, the Iowa City Housing Authority will make no new contracts for housing assistance. The termination date for all housing assistance previously contracted for shall coincide with the terms of the individual rental lease. 3) OPERATION: • The Iowa City Housing Authority will administer the program in accordance with the Rules and Regulations established by the Department of Housing and Urban Development and the Annual Contri- butions Contract entered into between Iowa City and the Department of Housing and Urban Development, a, copy of which Annual Contributions Contract is attached hereto and made a part of this Agreement. Nothing contained herein shall prevent the adoption of more stringent requirements by Tiffin. The Iowa City Housing Authority is hereby granted the power to perform inspections of any dwelling unit in a housing project in order to ensure compliance with the housing quality standards established by the Depart- ment of Housing and Urban Development. This inspection may be performed by agents of Tiffin and a certification issued that the standards have been met. 4) COSTS: All costs incurred as a result of this program will be borne by the program as provided for in the Annual Contributions Contract. 5) NOTICES: All notices required by this Agreement to be made to Iowa City shall be made by mailing, by ordinary mail, a letter to the Iowa City Housing Authority, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. All notices required by this Agreement to be made to Tiffin shall be made by mailing by ordinary mail, a letter to the Mayor of Tiffin. All notices shall be effective upon re- ceipt by the addressee. Nothing contained in this para- graph shall prevent additional or other notice being given and giving notice which would exceed the requirements of this paragraph. /039 - 3 - 6) OBLIGATIONS NOT EXCUSED: This Agreement does not relieve Iowa City or Tiffin of any obligation or responsibility imposed upon it by law except that to the extent of actual or timely performance there- of by the Iowa City (lousing Authority, said perform- ance may be offered in satisfaction of the obligation or responsibility. 7) FILING AND RECORDING: This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. DATED TIIIS DAY OF , 1979. CITY OF IOWA CITY; IOWA 1 CITY OF TIFFIN, IOWA BY: zJ11� H R. BALMER, MA OR PRO TEM ROGIiR PORMANf.K, MAYOR ATTEST: VM � Abbie Stolfus, Cipi Clerk ATTEST: Adela S. Kern, City Clerk iMCEIYEM l lYlhov. ]� � IdlGAL DEPJ&TYENT - � — PIP/7 9 xe� RESOLUTION NO. 79-386 RESOLUTION APPROVING A TRANSFER OF INTEREST IN URBAN RENEWAL DISPOSITION PARCEL 93-3 FROM ROBERT AND ANNA RATH TO THE BREESE CO., INC. WHEREAS, the City of Iowa City, Iowa, a municipal corporation, did enter into a Contract for Sale of Land for Private Redevelopment with Anna and Robert Rath on September 5, 1978, which contract was recorded on September 8, 1978, at Book 56, Page 230 in the records of the Johnson County Recorder,for the Purchase of Urban Renewal Disposition Parcel 93-3, more particularly described, to wit: The west 40 feet of the south 100 feet of Lot 5, Block 93, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. and; WHEREAS, the City has received a request that the City of Iowa City approve a transfer of interest in said parcel from Anna and Robert Rath to the Breese Co., Inc.; and, WHEREAS, Section 503 of said Contract prohibits such a transfer of interest without the express written approval of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The City of Iowa City, Iowa, hereby consents to the assignment of the interest of Anna and Robert Rath, assignors, in the Contract for Sale of Land for Private Redevelopment dated September 5, 1978, which Contract is recorded at Book 56, Page 230, of the records of the Johnson County Recorder, to the Breese Co., Inc., assignee, provided that nothing contained herein shall serve to limit, or modify any of the rights, obligations or remedies of the parties under the Contract, their successors or assigns, except as expressly modified herein. 2. The City of Iowa City, Iowa, hereby consents to the conveyance of title in fee simple of the following described real property to wit: The west 40 feet of the south 100 feet of Lot 5, Block 93, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, from Anna and Robert Rath to the Breese Co., Inc. The purchase price for said conveyance shall be the sum of $15,000, which purchase price is deemed not to be in violation of the provisions of Section 503(b)4 of said Contract. 3. The City of Iowa City, Iowa, hereby agrees, that upon assignment of the Con- tract to the Breese Co., Inc., the Contract is modified as follows: The Redeveloper's obligation to construct improvements as called for in the agreement shall be governed by and fully conform to the Offer to Purchase Land for Private Redevelopment submitted by the Breese Co., Inc., to the City of Iowa City, dated June 9, 1978, which Offer to Purchase and Statement of Offeror's Development Proposal attached thereto is attached hereto and by this reference incorporated herein. le 15;�l Res. No. 79-386 -2- BE IT FURTHER RESOLVED that upon adoption, this Resolution shall constitute express written approval of the transfer of interest set forth above, as called for in Section 503(b)2 of the Contract. It was moved by deProsse and seconded by Roberts that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevora Passed and approved this 14th day of August 1979. City Clerk HECF.IVFD & IXI R^.',C;p EY , LEGAL I•Li'Alt'n11k�1T S THE BREESE CO., INC. P. 0max .187 IOWA CITY. IOWA 21240 12121 227.2137 Mr. Neal G. Berlin June 9, 1978 City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Offer to Purchase Land for Private Redevelopment City of Iowa City, Urban Renewal Dcar Mr. Berlin: Thu undersigned developer, hereinafter referred to as the IIOfferor1I,a corporation,. f4t(sxaxxkexaaanzexmfxtkexdxzeimpgxkxxiggafxgRtikX3 hereby offers to purchase, develop and use the lands below described in conformity with Federal and State statutes and local ordinances and regulations, to wit, that area known as Urban Renewal Parcel Number 93-3. �Sxaaaxdixpaxisiaxxparcaixannbers$ from the City of Iowa City, hereinafter referred to as the "City." 'nic terms of the offer are as follows: (1) The Offeror acknowledges receipt from the City of a copy of the City -University Urban Renewal Plan, hereinafter referred to as the "Plan," which plan has been duly approved and recorded in the office of the City Clerk of the City, the proposed form of Contract for the Sale of Land for Private Redevelopment, hereinafter referred tb as the "Agreement," and a copy of the Prospectus containing the i4.is truct ions "for submitting an offer to purchase property for redevelopment. (2) The Offeror agrees to purchase from the City the referenced parcels at.the price hereinafter set forth in accordance with the pro- visions of the Plan, and Agreement as attached to this offer. PARCEL NO (s) PRICE OFFERED 93-3 $14,500.00 in making this offer, the Offeror acknowledges that he;>zj x has become familiar with the project site and the provisions of the Plan, the Prospectus, and the proposed Agreement. /d Ki Mr. Berlin Page 2 aune 9, 1978 (3) It is agreed that this offer shall remain open for a minimum of ninety (90) days from the final date for delivery of offers, (as specified in the prospectus), :rnd ,hall remain in force thereafter until withQrawn by the Offeror in writing, and that the City may reject any and all offers, curd may waive any irregularities therein. (•1) 'I'll'; Offeror transmits herewith a certified check in the amount of $ 1,450.00 payable to the order of the City of Iowa City, Iowa, being a good faith deposit of no les: than 10% of the price offered for the Disposition Parcel(41 for which this proposal is made, zr SSD» �•x xx x m x �(ict�'rxxx x mxx gx �tx pnx-rxx sx gxx xrxx>Eb>bt#vc �Stx �iodxrn g x x �x xAa2x rxaysptexxwxS K x w}vl xhrw�etx �Ltcx x rxsx If this proposal is rejected, the good faith deposit will be re- turned to the Offeror in the manner provided for in Section 11 thereunder. If this Proposal is accepted, the good faith deposit will be held by the Finance Director of the City of Iowa City as security for the performance of and subject to City Council de- claration of forfeiture in the breach of performance of the obli- gations of the Offeror pending execution of the Agreement referred to in Section 5, hereunder,.and such check may be deposited in an account of the City in a bank or trust company selected by it. The City of Iowa City shall be under no obligation to deposit in such alf account, or to pay or earn interest on the deposit, but if interest thereon is earned pursuant to such deposit such interest when received shall be promptly paid to the redeveloper. Such deposit will be held by the City as such security for performance until such time as substitute security is provided under terms of the agreement referred to in Section 5 hereunder following execution of such agreement. (5) If this offer is recommended for acceptance, the City must ad- vertise its intent to sell by a 30 day legal notice before furnish- ing the Agreement for execution by the Offeror. Upon notification of acceptance of this Proposal in the manner provided for in Section (1) hereunder, the Offeror agrees to perform the remaining conditions of this offer and thereafter to execute an Agreement and return it to the City, to make any sub- stitute good faith deposit required thereby, and to complete Lite purchase of the Disposition Parceloq in the manner set forth in the Agreement. It is agreed that the Offeror shall not assign or transfer to any other party any interest in this offer prior to notification of formal acceptance or rejection by the City Council of Iowa City, Iowa. It is further agreed, in the event that this offer is agcepted, that the Offeror shall not, prior to or after execution of the Agreement, assign or transfer any interest in the Agreement, assign or transfer any interest in the Agreement without the written consent of the City Council of Iowa City. The City Council of the City of Iowa City reserves the right to require of any proposed assignee or transferee the same Statement for Public Disclosure, Statement of Qualifications and Financial Responsi- bility and narrative setting forth the developers experience, required of the original Offeror. /,_rr// / Mr. Berlin Page June '., .978 ((1) In the event this offer is nrccptcd by the City Council of Iowa City and the Ofl'cror fails or rrfu-,es to perform Lite remaining conditions of, this Proposal, ,ind to execute an Agreement within unc hundred twenty (l?0) d;ys after the date of notification thereuf, ur such extension of time as may be granted by the City, the City may terminate all rights of the Offcror hereunder, and, in such event, shall retain the good faith deposit of the Offeror as liquidated damages by reason of the breach and the City may proceed with other arrangements or plans for the sale of the Disposition Parcel([) to which this offer relates. (7) The Offcror warrants that no person or agency has been employed or retained by the Offeror to solicit or secure the acceptance of this Proposal upon an agreement or understanding for a commission, percentage brokerage, or contingent fee•giltdtSjisl<ItgxgiKalxBrsYlcGlakngt 84Xdfd•xRXda'�>x x�nx>nro��xit xxx�Rgxt�vus �x�xttis�csgx;< Offeror states and represents that no person or agency claiming to be employed or retained by the City contacted the Offeror with reference to the proposed sale of the subject land.atdtaxxthatankiz 1'totlckanckttgxxx(ckSxunaaxa>ikaxxuhanxXhnxitict yxitzf fxmpiaxaaalcx:tatcz IQ "x)( It. -is agreed that the City of Iowa City, Iowa shall not be liable I'or any obligations incurred by the Offeror for commissions, per- centages, brokerages, contingent or other fees of any kind relating to this Proposal. For breach .or violation of this warranty, the City shall have the right to annul its acceptance of this offer, or the contract to rise thereupon. (8) Itis agreed that the deposit of the Offeror may be refunded by the City and that the City may withdraw from the sale of the Disposition ParceIC4) at any time prior to conveyance of title and possession of said property by reason of the City of Iowa City, Iowa being enjoined or prevented from so doing by any order or decision or act of any judicial, legislative, or executive body having authority in tite premises. it is further agreed that the City shall have no liability fur failure to deliver title to such disposition parcels, for the reasons stated above or otherwise, to the redeveloper after making a good faith attempt to do so. (9) It is expressly agreed and understood by the Offeror that Lite City is making no representations with respect to soil conditions, structural conditions, subsurface conditions, and the like and further that the Offeror is making no reliance upon any studies of such conditions posessed by the City and that the Offeror has inspected the site for which this offer is being made and has satisfied itself as to the conditions of both the surface and sub- surface of the site. Further, it is agreed that the City has /oys— Mr. Berlin Page 4 Ju„' ,, 1978 permitted access to the Offeror for the purpose of making soil testing, borings and the like. 1101 The Offeror tronsmil, herewilh, fur the approval of the City kxaa two (2) (fix coPics cacti of the fol lowing delkIlliCnLS. 1SLatkxxzxycxuaBxr-upYxad4 a. This Offer. IV NXsas+z&”2(Xx9tt4tt4NWAttxaRxp41xkBkuzGkactzxzudxHxaznlabzkxRgttpaxx %WX1 ("x C. Redevelopers Statement for Public Disclosure d. A written narrutive which sets forth the development which is proposed, as called for in rxlxzP%fExgxgg the Prospectus. C. A written narrative which sets forth the developers experience as called for in 0XiiYf4irxSy41? the Prospectus. f. A complete but unexecuted Contract For Sale of Land For Private Redevelopment. g. A written narrative which sets forth and explains in full detail any and all additions, deletions, or any other modifi- cations to the form of Agreement as provided by the City. (11) It is agreed that acceptance or rejection of this offer shall be made by depositing such acceptance or rejection in the United States Mails addressed to the Offeror at the business address set forth below. Submit[pd this 9th day of June 197 8 771E BREESE COMPANY, INC. NAME OF FIRM OR INDIVIDUAL (type or print BY: >, � 11 _4401, ( - Edwin E. Breese n In K.) ('type name after signature. President TITLE (type of print) 324 South Madison Street BUSINESS ADDRESS (type or print) Iowa City Iowa 52240 STATE (type or print) ZIP 337-2137 BUSINESS TELEPIIONE NUMBER (type or print) IOWA STATE 01: INCORPORATION (type or print) /a Y� THE BREESE CO., INC. AT IOWA CITY, IOWA 91140 1316) 327.1137 .June 9, 1978 STATEMENT OF OFFERORIS UUVLLOPMENT PROPOSAL URBAN RENEWAL PARCEL NUMBER 93-3 The Breese Company, Inc. proposes to purchase and develop Urban Renewal Parcel Number 93-3 as a customer parking lot as shown oil the attached "Proposed Development Plan". Said parking lot development will provide up to ten (10) parking stalls. It will be landscaped in accordance with City of Iowa City ordinances and regulations. At some future date, The Breese Company, Inc. may construct a building on Urban Renewal Parcel Number 93-3 as an addition to the building located on adjoining property and owned by The Breese Company, Inc. 'I11E BREESE COMPANY, INC. by E win E. Breese, President STB AEESE'S /� y� w w Z 0 0 Q PROPOSED DEVELOPMENT PLAN U Zab.14 RENEWAL PARCEL 93-3 PREMmec, "1> Sun LAITrf!p BY THE BREESE CO., INC. 111• 16'- O'` 5-23-76 -i- - - - N COURT STREET /L'�' `7 c RESOLUTION NO. 79-387 RESOLUTION ESTABLISHING FEES FOR CITY PLAZA USE PERMITS WHEREAS, the City Council of Iowa City, Iowa, did on May 16, 1978, adopt Ordinance No. 78-2894, which ordinance governs the use of City Plaza; and, WHEREAS, Section 10 of said ordinance provides that fees for permits for use of City Plaza shall be established by Resolution. NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Iowa City, Iowa, that the following fee schedule is established for permits issued for the use of City Plaza: 1. Motor Vehicle Permit a. Continuing No charge b. Temporary No charge 2. Mobile Vending Cart $250 per year 3. Ambulatory Vending $100 per year 4. Sales or vending - temporary or occasional $10 per day 5. Cultural or Entertainment exhibits or events, where no sales occur No Charge It was moved by Erdahl and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 14th day of August , 1979. ATTEST: ( Y��'� City Clerk RECEIVED & Ai EC'T7 BY THE LEGAL DEFART�fTNT CKs 9 /0-7ill /D 519 RESOLUTION NO. 79-388 RESOLUTION APPOINTING ROBERT H. BOWLIN AS SPECIAL ASSISTANT CITY ATTORNEY. WHEREAS, Assistant City Attorney Robert H. Bowlin has acted as the responsible attorney for Chicago_, Rock Island and Pacific Railroad Company v. Cit of Iowa Cit , Iowa, Johnson County quit—Ao. 413 �— g - y'� —'g � y � case involvin the Cit s ri hts in a parking lot behind the Iowa City Recreation Center, and WHEREAS, Mr. Bowlin will terminate full time employment with the City on August 1, 1979, and WHEREAS, all legal work on the case except argument on appeal will have been completed by the time Mr. Bowlin terminates his full time employment, and WHEREAS, it would be in the best interest of the City to have Mr. Bowlin conduct the oral argument, given his familiarity with the case. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That Robert H. Bowlin is hereby appointed a special assistant city attorney for the purpose of arguing the above-named case on appeal, and shall be an employee of the City for this purpose. 2. Mr. Bowlin shall be paid at the rate of $35.00 per hour for his time spent on this matter. 3. In addition, Mr. Bowlin shall be compensated for his out of pocket expenses incurred in the course of this employment. It was moved by Erdahl and seconded by deProsse that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse x Erdahl X Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August 1979 ATTEST: FZ .-' ; CTD h A'?'E0 rZD BY %2 LEGAL DEPARTMENT 7-;k - 71- A(Z, /r RESOLUTION NO. 79-389 RESOLUTION AMENDING BUDGET AUTHORIZATION NO. 78-128 FOR THE SENIOR CENTER WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely on the action of the City Council referred to as management personnel, and, , WHEREAS, it is necessary to amend the FY80 budget as authorized by Resolution No. 78-128: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: Resolution No. 78-128 be amended as follows: 1. Establishing one (1) Program Specialist position in the Senior Center in Grade 13. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August , 1979. ATTEST: U •RECEIVED to APPROVED lY TIE LEGAL DEPARTMENT RESOLUTION NO. 79-390 RESOLUTION AMENDING A SALARY, COMPENSATION AND CHANGING POSITION TITLE FOR A CLASSIFIED EMPLOYEE AND PROVIDING FOR A POSITION CHANGE. WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and, WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The elimination of one budgeted Account Clerk position in the Finance Department, Range 2 of the Classified Pay Plan. 2. The addition of one Senior Clerk Typist position in the Finance Department in Range 3 of the Classified Pay Plan. It was moved by deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August 1979. / p MAYOR PRO / ATTEST: fti� / r.f� RECEI4ED 8; APPROVED City Clerk B`i+ I43M D �� S- O� OL/ZT PasTAad T-a1K'31I-ms •Tesodozd P�XPPggP OLT4 Pun PePzeMI2 guezb Aue so3 guWD@:t i goa O-Zd aR 30 gXed e aq TTTM uoTgM PIM Tenurw PTv -=-Sguers SEE aqq uz lP=-; gas SuOTgTpuoo pue Surzag agg 4da0oe TTTM gT gegs 'T :buue0TTo3 Gq4 og SaT3T4ia0 g? gegg AITO oI 30 3T0 atp Lq PanTosea zalgsg gT aq 'moi IT0 enol 30 44TO PTPs 3o 3TP4a4 uT gpaCoad vp 30 4SC0 TM4U2 x .30 96 OS 30 gurCm agg UT 00T[L1as uOTgPazoaH PPP uoT4PAlasU00 a6egTzall GW4 un -9 aoueastsse TPToue=g Pur13 croTgPn -muco =agPM Pae PueT %aes 0g UDTSST=0 uoTgerzastio0 agegs aR og uoTgPoTTddP aNMI AgTO emol 30 AgTO PTe5 -WcP PSATosaz sag4zn3 gT aq 'm'd 'pez-p=ggnP ag anoge pagrmsap goaload MP gegg x3TO emol 30 A3TO vq4 Aq PPnTos� gT a{ 'MIDM= NEON 'saTgTTT0P3 TeU0T4Paz0az .z00p4n0 Pies 30 guaU50TanaP so uoTgTSTnboP alg s03 PanUbaa sT aouegsTsse Tetoueut3 Puna uoTgenzasuo0 -m4% P� 2 Pull 'UW •saa6oTdma 6ITo Xq pamio3iad aq TTTM xaom uoTgonsjsuo0 •aue7 uTTxuoO 330 paIeaoT (sazou 9•L6) -43Bd TTTH AaMIDTH :fie pa4eooT aq pinoet zauTags aqy •s0T4TTT0u3 18TT04 pue zagem gzTm azalags a goniasuoo pue esagoand oI'sasodoad 43TO umol 30 AITD ally :4040 -rd 3o uoTgdT=aa 3aTzg 00.00Z` EZ $ 4SOD P0,4P1rl� TL"40,1; Alva TTTH xaoxOTH iO3 aagTags xiva aTgTs qoa�o-xd :Mmoi 3o a4P4s 9LR PSP eMOI ' ZTO emol 30 TauazT4T0 W4 30 4uauK4U@ aqg so3 4040ad P9q-r=Sap f)UWTT03 W4 is SaT4TTToe3 Ten -1'4L9 Oaz anop4n0 burdoTanap zo spueT BTlT=iboP (eL�uafid 3o aueN) u[ Pagsasa4= ST nmol 7T0 enrol 30 A3TD 81U wry 'svmm� S J,NaWfMa wild GNM bDISFiA2=m HIM = CRYT olu 2mm ssag WIC U00= uw- SlZ91d07 cl U0 milisirzov NO BDLIffiOM L6E-6L 'ON NOI nlOS3d uosugor )gun< J, A BEST DOCUMENT "AILABLE 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the State Conservation Commission. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Iowa City for public outdoor recreation use. 4. That no financial assistance has been given or promised under any other Federal _program or acti}ty_— .; rega_rd_to;the_proposed-project, except that a 'portion of the local matching funds for this project shall cane` ran block grant funds -under -Titad I of thee iousing `n Ccmauiity Act of ;]974. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. This is to 'certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Iowa City City Council at a legal meeting held on this 14th Signature (y,d �- Title day of August 19 79. Signature HI .*,,$ 311 /d sy Page 2 Resolution No. 79-391 It was moved by deProsse and seconded by that the Resolution as rea e a op e , and upon roll c—aIl there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 14th day of August , 1979. ATTEST: CITY CLERK 1 /0.5.5 RESOLUTION NO. 79-392 RESOLUTION AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT. WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Iowa City Community School District, a copy of said contract 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 contract. 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 execute the Agreement with the Iowa City Community School District, conforming to Chapter 28E of the Code of Iowa, Joint Financing of Facilities. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Perret and seconded by deProsse that the resolution a� adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse _x Erdahl x Neuhauser _ x Perret _x Roberts x Vevera Passed and approved this 14t71A aRProlh t 1979. � em ATTEST: ��r �� � CITY CLERK RECFIVFI) b dFFR'. ,'Fn BY THE: LFGAL 1.1A L•'3ENT /,4 -5 6 COOPERATIVE AGREEMENT FOR JOINT USE OF FACILITIES BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT This Agreement is made and entered into by and between the City of Iowa City, Iowa, a municipal corporation duly authorized, organized, and existing pursuant to the laws of the State of Iowa located in Johnson County, Iowa, hereinafter called City, and the Iowa City Community School District, a corporate body situated in Johnson County, Iowa, hereinafter called School. WITNESSETH WHEREAS, it is the purpose of the parties hereto to provide education and recreation services which will contribute to the general recreational and educational welfare of children and adults of the corporate areas; and WHEREAS, the School and the City desire to provide an organized program of activities after school hours, on weekends, legal holidays, and during vacation periods; and WHEREAS, the purpose of this Agreement is to provide adequately organized and supervised community recreation services and facilities in all areas of the City and the School's areas therein through joint efforts of the two governing bodies, rather than by the separate efforts of each body; and to prevent duplication of effort and waste of finances; and in order to promote and conduct a program of community recreation successfully, the School and the City mutually desire to mobilize all community resources to effectively and economically meet the present and future needs of the public; and WHEREAS, it is in the public interest that the recreational facilities of public agencies be put to the fullest possible use; and WHEREAS, the School and the City desire to establish a basis for the orderly planning and future development of recreational facilities within said area. NOW, THEREFORE, the School and the City hereby mutually covenant and agree as follows: 1. The public recreational program and activities described in this agreement refer to those programs of recreation under the direction and supervision of the City which are open to the general public. 2. Educational programs and activities refer to those classes and extracurricular activities under the supervision of the School. 3. The School does hereby permit the use of its buildings and grounds by the City for recreational purposes, according to schedules mutually agreeable to the Superintendent of the School District and to the City Manager of Iowa City, Iowa. E 4. The City does hereby permit the use of its park and recreation buildings and grounds by the School for school purposes, on a schedule mutually agreeable to the City Manager and the Superintendent. 5. The City Manager and the Superintendent shall, in a joint meeting, establish a tentative master calendar for the joint use of facilities. In scheduling the use of school facilities, school events and programs shall have first priority; and in scheduling the use of city facilities, city programs shall have first priority. 6. The schedule herein provided and attached hereto shall not interfere with the regular conduct of school work on school premises nor with city programs on city premises; nor shall the use by the non -owning party be inconsistent with the primary use of the buildings or the grounds of the owning party. 7. The responsibility for supervision shall be upon the using party and not upon the owner of the facility. 8. The owning authority is responsible for ensuring that the facilities provided are constructed and maintained in a safe manner sufficient for the proposed use of the using authority. The owning authority shall hold harmless and free from liability the using authority for all property damage done to the premises except that portion under the direct control of the using authority. This shall include in addition to immediate use areas, entryways, hallways and restrooms made available to the using authority. In the case of use of outdoor areas it shall include responsibility for property damage to immediately adjacent portions of the building. The using authority shall reimburse the owning authority for actual cost of repairing property damage done to premises for which it is responsible. The using authority shall be responsible for the supervision of those persons participating in the scheduled event in the area of the premises under the direct control of the using authority. The using authority shall hold harmless and free from liability the owning authority for any personal injuries, which are the result of its failure to supervise participants in the areas under its care, custody, control, excluding those injuries caused by latent or patent defects of the premises. 9. The property, equipment, buildings, and grounds of the City and School shall be available for the use of the other party when there is no conflict with owner uses. /0s90, 3 10. The Superintendent and the City Manager or their designated representatives shall develop detailed scheduling and use requests for the use of the other party's facilities in such a manner that mutual agreement may be reached in writing no less than thirty (30) days prior to initiation of any program changes. All such agreements shall become fixed for scheduling purposes for the facilities and times agreed upon, except scheduling changes may be agreed to mutually when an emergency exists. 11. This Agreement may be terminated by either party upon ninety (90) days written notice prior to the effective date of such cancellation; and, unless sooner terminated, the term of this agreement shall be for a period of 3 years commencing on the 2fday of 1979, to and including the30 day of �, 1982. 12. This Agreement shall terminate and supercede any prior agreements on the same subject matter between the parties hereto and their predecessor's. Whereas each party is responsible for the care and upkeep of its facilities and whereas the using party is responsible for the hiring of supervisory personnel, no expenditures of funds are necessary to implement this agreement, except as to reimbursement for property damage contained in paragraph 8 above. It is the understanding of the parties that this Agreement shall conform to the requirement of Chapter 28E of the Code of Iowa; and, as such, this Agreement will take effect only upon execution by the City Council of the City of Iowa City, Iowa, the School Board of the Iowa City Community School District, filing with the Secretary of State of the State of Iowa, and its being duly recorded with the County Recorder of Johnson County, Iowa. Dated at Iowa City, this/5/-/t day of _ , 1979. Attest: CITY OF IOWA CITY SEAL IOWA CITY COMMUNITY SCHOOL DISTRICT Attest: Be rd Secret ry President, Board of Education 2 82 - i� s9 4 This Agreement was approved by the City Council on the 14th day of August, 1979. Signed: l U City Clerk This Agreement was approved by the Iowa City Community School District Board of Education on ����i'� �� I%7%. r ar• .. r�, s /n( r P RESOLUTION NO. 79-393 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCiPPT6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvedfor the following named person or persons at the following described location: John Gingrich dba O'Kelly's, 114 Wright St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse deProsse and seconded by Erdahl as r�,a be adopted, and upon ca AYES: NAYS: KI x ABSENT: Erdahl x Neuhauser x Perret x Roberts x x Vevera Passed and approved this 28th day of August 19 79 Mayor Attest: City Clerk RESOLUTION NO. 79-394 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLICi(TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �� Liquor Control License application is hereby approved for the following named person or persona at the following described location: Deadwood, Inc., 6 South Dubuque St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Erdahl that the Resolution as re�adopted, and upon ro7 caIT there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this AYES: NAYS x x x x x x x 28th day of Mayor Attest: C/ sir/ „_e City Clerk U ABSENT: August 19 79 /D 6 a RESOLUTION NO. 79-395 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The Cityy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Er�rdahj__ that the Resolution as ree re—a3�e adopted, and upon r—lo lc�a l there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 28th day of August , 19 79 �BLf L'l.�L•1��� ,���e'f�f� Mayor o � 7 / Attest: e e_1� City Clerk ld J;_3 RESOLUTION NO. 79-396 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: East Moline Pizza Hut, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 , /��r Attest: I /(_Z' ' City Clerk ABSENT: 28th day of August Mayor /46f RESOLUTION NO. 79-397 RESOLUTION TO REFUND BEER PERMIT WHEREAS, Dennis Claire Ellis dba Needs at 18 South Clinton St. has surrendered Beer Permit No. BC1004 expiring Dec. 31, 1979 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby 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 $ 18.75 , payable to Dennis Claire Ellis dba Needs for refund of Beer Permit No. BC 1004 It was moved by deProsse and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser X Perret X Roberts X Vevera X Passed and approved this 28th day of August 19 79 , Mayor Attest: G,L.,.-' (J i City Clerk labs" C 1 RESOLUTION NO. 79-398 3 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv— eT7or the following named person or persons at the following described location: Sgt. Pepper Corp. dba Sgt. Pepper, 1200 South Gilbert Court Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts yevera deProsse and seconded by Erdahl as rune adopted, and upon roti call AYES: NAYS: ABSENT: Passed and approved this 28th day of August , 19 79 Mayor Attest: (( - j? /x City City Clerk /06'bz RESOLUTION NO. 79-399 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: Sgt. Pepper Corp. dba Sgt. Pepper, 1200 South Gilbert Court It was moved by deProsse and seconded by Erdahl that the Resolution as read be adopted, and upon rol ca t ere were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x ABSENT: Passed and approved this p8th day of August 19 79 . Attest: City Clerk ��04; 4& Mayor /'5 6 7 RESOLUTION NO. 79-400 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: Towncrest D -X, Inc., 2611 Muscatine Ave. Dennis P. Grimm dba University 66, 25 West Burlington St. Robert 0. Bell dba Bob Bell's Standard Service, 2315 Muscatine Ave. It was moved by dpProssp and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 28th day of 19 79 , Mayor Attest: G / City Clerk August /o Gg CIGARETTE PERMITS - July 1, 1979 through June 30, 1980 80-99 - Tuck's Place, 210 North Linn (James J. Tucker) 80-100 - Leo's Standard Service, 130 North Dubu ue St. (Leo P. Lenoch) 80-101 - Towncrest Texaco, 2303 Muscatine Ave. Regal Vending) 80-102 - Lon's Gas & Grocery, 105 E. Burlington (Lon Brown) 80-103 - Country Kitchen, 1401 S. Gilbert St. (Ronald L. Novak & Richard G. Bowers) 80-104 - V.F.W. Post 2581, 1012 Gilbert Court 80-105 - Pagliai's Pizza, Ltd., 302 East Bloomington St. 80-106 - The House of Submarines, 12 South Dubuque (Hawkeye Amusement) 80-107 - Rochester Ave. DX, 2233 Rochester Ave. (Robert E. Shank) 80-108 - East-West Oriental Foods, 615 Iowa Ave. (Inn Ho Shinn) 80-109 - Osco Drug #826, 120 E. College St.(Osco Drug, Inc.) 80-110 - Sanctuary, 405 S. Gilbert St. (Regal Vending) 80-111 - Hilltop D -X, 1123 North Dodge St. (DOMLL, Inc.) 80-112 - Chuck's Clark, 504 E. Burlington (Charles J. Christensen) 80-113 - Maid -rite, 630 Iowa Ave. (Joseph Momberg) 80-114 - Ware & McDonald Oil, 828 South Dubuque St. 80-115 - Best Steak House, 1 South Dubuque (Bill Mihalopoulos) 80-116 - Lakeside Apts., Highway 6 West (Iowa City Vending) 80-117 - Sears, Roebuck, Sycamore Mall (Iowa City Vending) 80-118 - Kirkwood 76 Store, 300 Kirkwood Ave. (Inland Transport Co.) 80-119 - Harry's Dodge St. DX, Inc., 605 North Dodge 80-120 - Mall Mobil, Sycamore Mall (Robert Uhler) 80-121 - Amelon's Skelly Service, Inc., 204 North Dubuque 80-122 - University of Iowa Football Stadium, Ogden Food Service Corp. 80-123 - The Shamrock, 525 S. Gilbert St. (Richard T. Corcoran) 80-124 - Russ' Standard, 305 N. Gilbert (Rosalie Vitosh) 80-125 - Walt's, 928 Maiden Lane (Walter Poggenpohl) 80-126 - Comer's, Inc., 13 South Dubuque St. 80-127 - Doc's Standard, Inc., 801 S. Riverside Dr. 80-128 - Sambo's Restaurant, 3760 State St. (Canteen Food & Vending Service) 80-129 - Nickelodeon, 208 North Linn (Robert Dane) 80-130 - Bart's Place, 826 South Clinton (Richard J. Bartholomew) 80-131 - Donutland #41, 817 S. Riverside Dr. (Donutland, Inc.) 80-132 - University 66 Service, 25 W. Burlington St. (Dennis P. Grimm) 80-133 - Towncrest DX, Inc., 2611 Muscatine Ave. 80-134 - Bob Bell's Standard Service, 2315 Muscatine Ave. (Robert 0. Bell) 80-135 - The Brown Bottle, 114 S. Clinton St. (I.C.B.B., Ltd.) RESOLUTION NO. 79-401 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLYCATT6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv7or the following named person or persons at the following described location: BLS Corporation dba Club Car Lounge, 122 Wright St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by Erdahl that the Resolution as rea a adopted, and upon ro71—c—a'IT there were: AYES Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 28th Attest: L C t�G� c �� City Clerk NAYS: ABSENT: day of August , 19 79 Mayor 1,470 RESOLUTION NO. 79_4(17 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Hamer, Ltd. at 1021 S. Gilbert St. in Iowa City, Iowa, has surrendered cigarette permit No. 79-112 , expiring June 30 , 19 79 , 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. 79-112 , issued to Hamer, Ltd. 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 Hamer. Ltd. as a refund on cigarette permit No. 79-112 . It was moved by deProsse and seconded by Erdahl that the Resolution as reed be adopted, and upon roll call there were: Passed and approved this 28th day of August 19 79 Mayor Attest: �)L%cam ✓�� G A -j 71 AYES: NAYS: ABSENT; Balmer X_ deProsse X Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 28th day of August 19 79 Mayor Attest: �)L%cam ✓�� G A -j 71 v RESOLUTION NO. 79-403 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTZ'A3 M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby appro—WTTor the following named person or persons at the following described location: O'Neill Enterprises, Ltd. dba Lamplighter II, 1310 Highland Court Y Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by deRrosse and seconded by Erdahl that the Resolution e■■ teak>e>e adopted, and upon roti call there were: AYES: NAYS: ABSENT: Balmer x deProase x Erdahl x Neuhauser x Perret x Roberts x yevera x Passed and approved this 28th day of Mayor r Attest:a2v��_ ,� ��. City Clerk August 19 79 J�J' - / k RESOLUTION NO. 79-404 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OZ fig_ ALLEY IM ROVF3�'7FN P PEW= - BUCKS 28 AND 29 O.T. - 1979 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 JJJWay of SaDtA„+lwr , 19 7q , at 7 -in 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 (4L 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 deProsse 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 ABSENT: BALI ER DEP%1SSE ERDAHL NEUHNUSER PERRET RDBERM VEVERA Passed and approved this 28th day of August , 19 79 ���� ATTEST: Mayor ( ( Received $ A rpy [. LLL' ._�/� City Clerk � By Ina legal Deparhnent 4 RESOLUTION NO. 79-405 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY BABE RUTH LEAGUE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Babe Ruth League sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Babe Ruth League is a non-profit program, organized and operating 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse x Erdahl x Neuhauser x_ Perret x Roberts x Vevera Passed and approved this 28th day of August 1979 /�� FIAYOR ATTEST: C/ ) CITY CLERK WBIM 6 IPPROin 8Y in URAL DEPIRim i AGREEMENT This Agreement was made and entered into on the -W to day of 1979, by and between the City of Iowa City, Iowa, a municJ pal corporation, hereinafter referred to as the "City," and the Babe Ruth League 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 Babe Ruth League 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 Babe Ruth League 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 Babe Ruth League agrees to provide a meaningful recreation program to meet the needs of the youth in the community. II. FUNDING The City of Iowa City shall pay to the Babe Ruth League the sum of $1284/Yr. in FY80 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Babe Ruth League at the time of signing of this contract. B. The Director of the Babe Ruth League shall submit a report of activities at the end of the contract period. C. The Babe Ruth League will provide an accounting at the end of the contract period. D. For the purposes of this agreement, staff are considered employees of the Babe Ruth League. /a 75 2 E. The Babe Ruth League 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 Babe Ruth League to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. The Babe Ruth League, 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 claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Babe Ruth League staff including but not limited to persons or properties served by or coming into contact with the Babe Ruth League. 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. The Babe Ruth League agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughtout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa Iowa: ROBERT A. VEVERA, MAYOR For: //i�P 1�ti7•� �c'Y NAME f 7 TITLE /'� '1� ATTEST: rzz� /�.� ATTEST: ABBIE STOLFUS, CITY C ERK N41E ➢Laxly p 6 tppRONID Ta LM'L DEp4RjUl -�' 767 RESOLUTION N0. 79_406 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY BOYS' BASEBALL, INC. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Boys' Baseball, Inc. sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts under 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse —x Erdahl --x Neuhauser x Perret X Roberts X Vevera Passed and approved this 28th day of August 1979 MAYOR ATTEST: CITY CLERK 1 arcr1ra i AMOVM BY TIM MAL DEPABTiiM AGREEMENT This Agreement was made and entered into on the ��zf day of L'( 1979, by and between the City of Iowa City, Iowa, a mun' i�pal corporation, hereinafter referred to as the "City," and the Boy's Baseball 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: I. The Boy's Baseball 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 Boy's Baseball 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 Boy's Baseball agrees to provide a meaningful recreation program to meet the needs of the youth in the community. FUNDING The City of Iowa City shall pay to Boy's Baseball the sum of $1284/Yr. in FY79 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to Boy's Baseball at the time of signing of this contract. B. The Director of Boy's Baseball shall submit a report of activities at the end of the contract period. C. Boy's Baseball will provide an accounting at the end of the contract period. X0 79 i� D. For the purposes of this agreement, paid staff are considered employees of Boy's Baseball,.Inc, E. Boy's Baseball shall maintain in full force, and effect a compre- hensive 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 in liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of Boy's Baseball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. Boy's Baseball, 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 claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Boy's Baseball staff including but not limited to persons or properties served by or coming into contact with the Boy's Baseball 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. Boy's Baseball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. FoM�, /i,ty ooff IIIoowwaa, , wa:: ROBERT A. VEVERA, MAYOR For: NAME z z ATTEST: ABBIE STOLFUS, CITY/CLERK 3 6 TITLE t ATTEST:&w NAME C TIT E RECAUM S dp,,RO' By .1M LEGAL Z)ZpU II1 RESOLUTION NO. 79-407 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY GIRLS' SOFTBALL WHEREAS, the City Council of Iowa City,- Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Girls' Softball sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Girls' Softball is a non-profit program, organized and operating 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August / 1979. MAYOR ATTEST: J CITY CLERK RECEIVED 3 APPROVED BY = LEGdI DEPARTMENT Piz -74 .Q /09"q AGREEMENT This Agreement was made and entered into on the a Y c/ day of « u� 1979, by and between the City of Iowa City, Iowa, a munIc pal corporation, hereinafter referred to as the "City," and the Girl's Softball Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to- wi t: 1. The Girl's Softball 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 Girl's Softball 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 Girl's Softball agrees to provide a meaningful recreation program to meet the needs of the youth in the community. II. FUNDING The City of Iowa City shall pay to Girl's Softball the sum of $1284/Yr. in FY80 with the agreement between the parties that the funds shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City shall transfer the funds to Girl's Softball at the time of signing of this contract. B. The Director of Girl's Softball shall submit a report of activities at the end of the contract period. C. Girl's Softball shall provide an accounting at the end of the contract period. 2 D. For the purposes of this agreement, staff are considered employees of Girl's Softball, Inc. E. Girl's Softball shall maintain in full force and effect a compre- hensive 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 Girl's Softball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. Girl's Softball, 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 claims of damages arising under the terms of this Agreement or for any wrong doings caused by the Girl's Softball staff including but not limited to persons or properties served by or coming into contact with the Girl's Softball 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. Girl's Softball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980 except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For th City of Iowa, Iowa: Fo -� ROBERT A. VEVERA, MAYOR NAME ATTEST: � � �,(/ ABBIE STOLFUS, CITY CLERK �6CL TITLE J ATTEST: NAME TITLE 8Eclum S 4tFfir)AFn RESOLUTION NO. 79-408 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR EMERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 28th ATTEST: ! 16-e CITY CLERK day �off August 1979. MAYOR RWJIM A APPROVED = LEGAL DEPARTIMT /o 96' k - AGREEMENT This Agreement was made and entered into on the 99 d/ of -� - 1979, by and between the City of Iowa City, Iowa, a municip corporatio er_einafter referred to as the "City," and the Iowa Vty-GETS s- n erV�nttiah3Ct �, +r one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: I. 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 and emergency transportation and emergency shelter for both callers and walk ins. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $7,500 in FY80 with the agreement between the parties that $2,500 will be used to meet operating expenses of the Transient Services and $5,000 will be used to meet operating expenses of the Crisis Center. III. GENERALA DMINISTRATION A. The City will transfer the funds in quarterly payments. The first payment will be made at the time of signing. B. The Iowa City Crisis Intervention Center Director will submit quarterly reports of its activities to the City Council. 1087 2 C. The Iowa City Crisis Intervention Center will submit quarterly accounting reports of expenditures. 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 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 wrong doings 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. The Iowa City Crisis Intervention Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V.ASSIGNMENT This agreement may not be assigned without written agreement of the parties. /O 8Y 3 For tf ity o Iowa,, owa: For: Iowa City Crisis Intervention N��2�!- enter ROBERT A. VEVERA, MAYOR E Board Chairperson �1 TITLE / ATTEST: � �( L� ATTEST: AI I-J-4f� A BIE STOLFUS, CITYICLERK NAME Director TITLE RECEIVED 6 IFFRO-WED BX To LEGAL DEPARTUOT % .4,tP - u -7�R�d 8 RESOLUTION NO. 79-409 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR COMMUNITY SERVICES IN THE IOWA CITY AREA WITH FRIENDS OF CHILDRENS MUSEUM WHEREAS, the City Council of Iowa City deems it in the public interest to maintain a museum which exhibits pioneer life, WHEREAS, Friends of Childrens Museum is an agency which plans and operates a museum which is open to the public, WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Friends of Childrens Museum 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse _x Erdahl x Neuhauser _x Perret _x Roberts _x Vevera Passed and approved this 28th day of August , 1979. MAYOR ATTEST: / TY CLERK BY rn LEGLL D>P1RT1=7 AGREEMENT This Agreement was made and entered into on the .2,V-6,1 day of C� _ 1979, by and between the City of Iowa City, Iowa, a municipal corporation, hereinafter referred to as the "City," and the Friends of the Children's Museum for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: I. The Friends of the Children's Museum 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 Friends of the Children's Museum 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 Friends of the Children's Museum agrees to provide a museum located in the log cabins in City Park to exhibit Pioneer Life which is open to the public. II. FUNDING The City of Iowa City shall pay to The Friends of the Children's Museum the sum of $2,140 in FY79 with the agreement between the parties that the funds will be used toward operating expenses. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two equal payments. $1,070 at the time of signing and the remaining payment will be made on January 1, 1980. B. The Museum Director will submit an annual report of its activities to the City Council. C. The Friends of the Children's Museum will submit an accounting of expenditures at the end of the contract period. Z D. For the purposes of this agreement staff shall be considered employees of the Friends of the Children's Museum and any fringe benefits received by the staff shall be through the said Friends of the Children's Museum. The employees of the Friends of the Children's Museum shall comply with personnel policies formulated by the Board of Directors. E. The Friends of the Children's Museum 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 Friends of the Children's Museum 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 Friends of the Children's Museum, 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 wrong doings caused by the Friends of the Children's Museum staff including, but not limited to injuries to persons or properties served by or coming into contact with the Friends of the Children's Museum. 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. The Friends of the Children's Museum agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For t City of Iowa Iowa: ROBERT A. VEVERA, 1AYOR ATTEST: ABBIE STOLFUS, CITY CLERK For: NAME TITLE ATTEST: NAME /�uiLX c,,�A TITLE DYED B% %iUM LEGAL �^%/ ' /tZC RESOLUTION NO. 79-410 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 28th day of August , 1979. MAYOR ATTEST: CITY CLERK RECEIVED & ArrRf'aD BY .'THE IXGAL LLFAR-IErNI P—z z 11�95� 1&.4-1._r_4�_k AGREEMENT Th ent was made and entered into on the 3 , day of �i 1979, by and between the City of Iowa City, Iowa, a munic' al 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 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 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 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 $23,133 to provide these services during the 1979-80 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. III. GENERAL ADMINISTRATION A. The City will provide accounting and payroll services for the Mayor's Youth Program during the school year program. 109,6 ' 2 B. The Director shall submit monthly reports and minutes to the City Council. C. The 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 Agree- ment, 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 expendicures 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 Program. E. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. F. Mayor's Youth agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a 30 day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For th ity of Iowa, Iowa: ROBERT A. VEVERA, MAYOR For: Mayor's YouthProgram E TITLE /O ff 7 ATTEST: ' , A/' d�A J ABBIE STOLFUS, CIPY CLERK D ATTEST: _--kg d t 4 5 A, ( l NAME '7 1 TITLE $ �Ijro•/L 4PPROVID �T1[i.3TT RIL4 _fin RESOLUTION NO. 79-411 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY, IOWA 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August , 1979. MAYOR ATTEST: c� _ CITY CLERK RECEIVED do A --- "--) BX THE LEGAL DaAkrAJT F- ZZ_ r79 - /Y // AGREEMENT This Agreement was made and entered into on the 0,c�� day of a t 1979, by and between the City of Iowa City, Iowa, a munici or oration, hereinafter referred to as the "City," and the '(or- one (1) year beginning with the signing of this greemen . 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 $13,763 in FY80 with the agreement between the parties that the funds shall be allocated toward the salary of a full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds quarterly to the PALS Program. The first payment will be made at the time of signing of this contract. B. The PALS coordinator shall submit quarterly reports to the City Council. /o pf 2 C. PALS will provide a quarterly accounting of expenditures. 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 hehein. 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. PALS agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the Ci of I0 1owa: ROBERT A. VEVERA, MAYOR ATTEST: l, , ABBIE STOLFUS, CITY CLERK -3 For: In Progr NAME TITLE -. l ATTEST: (M�'►� AME !� 1L r"! TITLE RECEI M d APPROVED IM GM LEGAL DEPARTIMT J:- -- -7- - 7 9 /frc� RESOLUTION NO. 79-412 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 deProse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of Augusstt� 1979. MAYOR ATTEST: CITY CLERK RECEIVED A IPPROPED HY TEE UZU DEPIRTIM AGREEMENT This Agreement was made and entered into on the o1P 17tL day of C1c 1979, by and between the City of Iowa City, Iowa, a municipO 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 speaker's 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 $,6,715a year in FY80 with the agreement between the parties that the $6,715 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 ($3,357.50 at the time of signing and a $3,357.50 payment to be made on January 1, i -M. 1� go .a 2 B. The Director of the Rape Victim Advocacy Program shall submit monthly reports and biannual report at the end of the contract period. C. Rape Victim Advocacy Program will provide an accounting 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. Rape Victim Advocacy Program agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without agreement of the parties. For th ity of Iowa, owa: F ROBERT A. VEVE A, MAYOR A RANDALL P. BEZANSON V.P. FinancvUniv. semc ATTEST: �J ATTEST: ABBIE STOLFUS, CITY CLERK NAME TITLE RECEDED S !mom BY TEE LEGAL DEpa7I 7 RESOLUTION NO. 79-413 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM AND THE MID EASTERN IOWA COMMUNITY MENTAL HEALTH WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide community awareness education program in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program and the Mid -Eastern Iowa Community Mental Health has developed a community awareness education program concerning sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements. 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser x Perret X Roberts X Vevera Passed and approved this 28th day of August 1979. ATTEST: ,Z CITY CLERK /�LeLd" i�//✓di- �/ MAYOR RFCF.IVRn g gpcgn,rM AY TI' L. 'u�j I.S£AItm"T J ! A G AGREEMENT This Agrgement was made and entered into on the 2l 64t' day of C 1979, by and between the City of Iowa City, Iowa, a municipals rporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program and the Mid -Eastern Iowa Community Mental Health 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 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 RVAP and the Mid -Eastern Iowa Mental Health Center will conduct a Near North Side Prevention Project by the distribution of educational materials to residents of that area. II. FUNDING The City of Iowa City shall pay to the RVAP and the Mid -Eastern Iowa Mental Health Center the sum of $2,800 in FY80 with the agreement between the parities that the $2,800 shall be allocated toward the administration of the Near North Side Prevention Project. III. GENERAL ADMINISTRATION A. The City of Iowa City will transfer the funds in one single payment at the time of signing. B. The Coordinator of the RVAP shall submit monthly reports and a final report at the end of the contract period. C. The Mental Health Center will provide an accounting at the end of the contract period. D. The Director of the RVAP shall be insured by WESTERN WORLD for the purposes of administration of the Near North Side Prevention Project and this policy is intended to be primary coverage for any liability arising from the administration of the Near North Side Prevention Project. //06 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. The Rape Victim Advocacy Program agrees that its staff and agents will not travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract with City funds. G. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa /City, Iowa: For:: Robert A. Ve vera, Mayor NAME qCw� �c�u�xar-cXy �ylC:,��tt.Gtk C`c,�� ATTEST:Z. TITLE Abbb* Stolfus, City Jerk ATTEST:\11��t—,�_ TITLE &0 7 /& - RESOLUTION NO. 79-414 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 to attest this agreement. It was moved by deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August , 1979. � MAYOR ATTEST: G -(L '• lye ��J CITY CLERK RECEIIn g A.PR07ED 81 as LEGAL DEPARTUQV. A-4 . �"" AGREEMENT Thi Agreement was made and entered into on the _ U647 day of 1979, by and between the City of Iowa City, Iowa, a munici al 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 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 serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. a. Staff and maintain a U.A.Y. walk-in center which will be open weekdays from 8:30 a.m. to 4:30 p.m. 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. //A 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 determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and be available to alleviate their current situation. C. Identify and utilize available referral services to assist young people to meet their needs or improve their current situation. d. Consult with and refer youth to other agencies in the community and remain 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 i 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. Utilize a questionnaire to solicit feedback which will determine the effectiveness of Outreach services every six months from: a. Clients that will (1) reflect how well their needs have been met, (2) determine whether they felt the course of action was in their best interest, (3) determine the level of trust and rapport with the U.A.Y. staff, and (4) determine if gaps in services exist among agencies. b. Agencies that refer clients to U.A.Y. C. Agencies to which U.A.Y. referred clients. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. 3 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House at the Friends Meeting house and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. 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 FY79 with the agreement between the parties that the funds shall be used toward general operating costs. III. GENERAL ADMINISTRATION A. The City will transfer the funds monthly to U.A.Y. The first transfer will occur at the time of signing. B. The U.A.Y. Director will submit monthly board minutes, quarterly reports and an annual report to the City Council. C. U.A.Y. will provide a monthly accounting of expenditures 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 Manage?-. 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 �- �flrflkl:pfl a IRIKI WrIfIX&M 311I1 / 3 1S311V N8313A1I3 'SAJIOlS 3I88V rP 15311tl HOAVW 'MAD •V 183808 :eMol 'eMol ;o Ag L3 aq; uoj ayj ;o 4uawaau6e ua saLgaed jjLaM jnoygtM pau6tsse aq jou AR juawaaa6e s. _ 1N3WNJISSV 'A •uLauay papLAojd se gdaoxa '0861 '0£ aunp uo ajeuLwaaj LLeys pue saLjaed ayg ;0 6uLu6Ls ayg uodn aouawwoo LLeys gu8waa,A6e sLyl NOIlV8fl0 'AI Ajaed aayjLa Aq aoLgou Rep 0£ a uodn pajeuLwIaj aq Aew goerguoo sLyl j3eujuoo sLyj 3 o uo1leanp ayg gnoy6nougj juawpuawy sgy618 Lenb3 ayg paL;Lgel you sey jeyj ajejs Aue of Laneag of spun; RI Q asn jou Mm sjua6e pue ;;ejs sjL geyg saau6e •A'V'fl •poLuad App OE geyg puoAaq 94L3 ay; ;o AjLLLgeLL ou yjLM pue poL.Lad Aep OE a uLyjLM uoLjeuLwuaj uodn pled aq og aue sLLLq 6uLpuejsjno LLV •A'V'fl ygLM j0e4uoo ojuL 6uLwoo ao Aq paAaas saLjaadoad uo suosaad of saL,inCUL og pajLwLL jou jnq 6uLpnLouL ;;egs •A•V•n ayg Aq pasneo s6uLop6uOJM Aue ao; jo juawaa,46e sLyj ;o swuag aq-4 ,aapun 6uLsLae sabewep ;o sWLeL7 ao AjLLLgeLL LLe pue Aue woa; sguabe M I I .0 79— yes" AGREEMENT This Agreement was made and entered into on the VY k day of - (a- 1979, by and between the City of Iowa City, Iowa, a municip 1 corporation, hereinafter referred to as the "City," and the Inc. for one (1) year beginning with the signing of this greement: This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Youth Homes Inc, 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 Youth Homes Inc. 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 Youth Homes agrees to serve the Iowa City community by providing temporary and long term, twenty-four hour care (housing and counseling) for adolescents who are children in need of assistance, delinquent children, or children facing a crisis with which they cannot cope. II. FUNDING The City of Iowa City shall pay to Youth Homes for support of the shelter and the two group homes the sum of $8,000 in FY80 with the agreement between the parties that the said money shall be used toward general operating costs. III. GENERAL ADMINISTRATION A. The City will transfer the funds to Youth Homes, Inc. in two equal payments. $4,000 at the time of signing of this contract and the remaining payment will be made January 1, 1980. B. The Director of Youth Homes will submit quarterly reports to the City Council of Iowa City. C. Youth Homes will submit quarterly accounting reports of expenditures at the end of the contract period. z D. For the purposes of the agreement, the Director and staff shall be considered employees of Youth Homes and any fringe benefits received by the staff shall be through the said Youth Homes. The employees of Youth Homes shall adhere to the personnel policies formulated by Youth Homes. E. Youth Homes shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance 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 Youth Homes to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights and privileges contained herein. F. Youth Homes, 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 Youth Homes staff including but not limited to, inquiries to persons or properties served by or coming into contact with the Youth Homes. 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. Youth Homes agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of the contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Ipwa: RO ERT A. VEVERA, MAYOR For: Yount 14Gnes, /.vc. NAME ATTEST: (�C �c L �U ABBIE STOLFUS, CITY PLERK T TLS E ATTEST: � NAME RECEIVED 6 APPROVED EX W I,= DEPIRTIMT .P - 7- 7-1 -1 y 'P4& ///S RESOLUTION NO. 79-416 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOWCREEK 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 deProsse and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 28th day of August 1979. 11 MAYOR ATTEST: CITY CLERK RECEIVED 8 APPROVED HI TJXIT DEPIRTYEN4 S-zz —74' Q�'_ AGREEMENT This Agreement was made and entered into on the ;/J- `x day of 1979, by and between the City of Iowa City, Iowa, a munic pal 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 program in the Willow Creek Neighborhood Center area. II. FUNDING The City of Iowa City shall pay to the Willow Creek Neighborhood Center the sum of $5,615 in FY80 with the agreement that the 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 quarterly, the first payment to be made at the time of signing of this agreement. B. The Willow Creek Neighborhood Center Director will submit monthly reports of its activities to the City Council. z C. The Willow Creek Neighborhood Center will submit quarterly accounting reports of expenditures. 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. Any wrong doings 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. The Willow Creek Neighborhood Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1980, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 1117 Ford/O1f'L�' w/ Iowa: ROBERT A. VEVERA, MAYOR ATTEST: � , d ABBIE STOLFUS, CIT � CLERK ot For: NAME TITLE ATTEST: , AW TITLE XXGAL -7g4RTYE1T7, duQu4Liedep )ess, eql Ae p*naddV V pen;e.)aa /r// 61 6T ;sn6ny 30 TJ2P 438Z sr[P Panaxdde Pue Passed ydaNm x SSHSa d X SSH2I3d X 2ISSIIiimaN X rlHvc a X Sssolcl 1I X ,d9w dH X SNSSEV SAKN Sad - :alar, ar9g4 TTuO TTQx u0cht Pue 'Pa4doPe aq Peaz se mTgnTosad aq4 gegg L4ePa3 A4 papuoes pue asso.tdaP Aq Pau sem :jI •pancudde Agazaq am :oaCoad PauJ2uanoge aqg 3o uor4-0azgsuoo aR� zo; gso0 ;o a}eupsa pue 'goea4u0o ;o uuo; 'suor;eoi;toads 'sueTd aqp -oma :SDI 'ASID wi do ASD SHS do rimmoo SHS AH aanosmi SI SH 'Sdo3S mu 'MON •PTaq uoazaq; buiieaq aq; Pue 'mPT Sq Paz?tbaa se pixs 9Rd sem :paCaid pa=-anoge aq} ;o uoT:pnzgsuoo aq; Mg gsoO ;o a}eurE-4sa Pue ';oez}uoo ;o uuo; 'suope0t;roads 'sueTd aq} w burzeaq otTgnd 3o aot�ou 'StISINl (s;tcm S) MIIVAON3H UVIMCW SHS aO NDI,i. ZTSNM SHS HOd SSM do RLVKIIM aW ' wydjkDO do Rica 'smIS\i ijimds ' swid 9NIAoHciav BDIdLYlOsm LLb-6L 'ON NOI=OSMI RESOLUTION NO. 79-418 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NORTH- WEST BY-PRODUCTS PROVIDING FOR THE DISPOSAL OF DECOMPOSED ANIMAL MATTER IN THE CITY'S SANITARY LANDFILL. WHEREAS, the City of Iowa City, Iowa operates a sanitary landfill for the disposal of solid waste, and WHEREAS, it is in the public interest that potentially dangerous solid waste be disposed of immediately and properly, and WHEREAS, the Iowa Department of Environmental Quality has approved the disposal and has provided specifications for the operations; THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, IOWA: 1. The Mayor and City Clerk are authorized to sign and attest to an agreement between the City of Iowa City and Northwest By -Products providing for the disposal of decomposed animal matter in the City's sanitary landfill, pursuant to specifications provided by Iowa Department of Environmental Quality. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August , 19 79 7 ATTEST: L� / CITY CLERK MAYOR I?ECEIVEP a �. Bx 1km LF.G9.L' "T .SKS ��lo-A5 f his Agreement is made by and between Northwest By -Products, a corporation, and the City of Iowa City, a municipal corporation, hereinafter called the "City." 1. Consideration. In consideration of the City allowing Northwest By -Products to deposit a dangerous cargo of decomposed animal matter in the City's Sanitary Landfill, Northwest By -Products agrees to pay the standard landfill fees plus the hourly salary of all City employees supervising the operation. 2. Terms and Conditions. Northwest By -Products agrees to comply with all applicable spec- ifications and regulations of the Iowa Department of Envircmental quality in depositing its cargo in the City's landfill. 3. Personnel. Northwest By -Products agrees that it shall furnish all personnel necessary to safely implement the deposit operation. The City agrees that it shall furnish supervisory personnel for the deposit operation who shall be located out of the zone of danger. 4. Northwest By -Products agrees to indemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the deposit of said cargo in the City's Sanitary Landfill. Dated this ,' day of August, 1979. Dated this /0 Zk-day of August, 1979. Mayor z " C .cl City Clerk BX TL LAG"—L -;;T �'S 8-10-a9 RESOLUTION NO. 79-419 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RIVER CORRIDOR SEWERS PROJECT WHEREAS, Martin K. Eby Co., Omaha, Nebraska has suhmitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITI, ICWA: 1. That the contract fir the construction of the above-named project is hereby awarded to Martin K. Eby Co., Omaha, Nebraska, at $6,293{051 5n , subject to the condition that awardee secure adequate performance bond and insurance certificates: and concurrence by EPA and IDEQ (an increase in the grant amount to include all eligible costs and upon approval by EPA of the contractors Minority Enterprise involvement). 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 deProsse that the Resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 28th day of August , 19 7c)_ ATTEST: �=_ 22?�� CITY CLERK MAYOR /11 CONTRACT THIS AGREEMENT, made and entered into this 1st day of October , 1979 , by and between the City of Iowa City, Iowa , party of the first part, hereinafter referred to as the "Owner", and Martin K. Eby Construction 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 8th day of May 1 1979 , for River Corridor Sewers, Divisions 1, 2 and 3 under the terms and conditions therein fully stated and set forth, and, WHEREAS, said plans, specifications and proposal blanks 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 proposal of the Contractor for the work, as follows: C-1 11640 Contract RIVER CORRIDOR SEWERS DIVISION 1 Construct approximately 13,878 linear feet of sanitary and storm sewer in open cut, 8" through 54" in diameter; street crossings in open cut; jacking or augering of pipe; manholes; special structures; drop connections; connections to existing sewers; removal and abandonment of existing sewers; removal and replacement of sewer service pipe and connections; appurtenances; street surface removal; street surface replacement by Subcontractor; miscellaneous concrete replacement; surface restoration; granular backfill; special protection and handling of existing utilities; construction near railroad trackage and right-of-way; special construction procedures and miscellaneous associated work, including cleanup, for the unit prices, extended prices and lump sum prices for the approximate quantities shown in the Proposal for the sum of FOUR MILLION, ONE HUNDRED THIRTY-EIGHT THOUSAND, SIX HUNDRED FOURTEEN and 50/100 DOLLARS ($4,138,614.50). DIVISION 2 Construct approximately 5,111 linear feet of sanitary and storm sewer in open cut; 15" through 36" in diameter; street crossings in open cut; jacking or augering of pipe; manholes; special structures; drop connections; connections to existing sewers; removal and abandonment of existing sewers; appurtenances; street surface removal; street surface replacement by Subcontractor; miscellaneous concrete replacement; surface restoration; granular backfill; special protection and handling of existing utilities; special construction procedures and miscellaneous associated work, including cleanup, for the unit prices, extended prices and lump sum price for the approximate quantities shown in the Proposal for the sum of NINE HUNDRED THIRTY-SIX THOUSAND, NINE HUNDRED SIXTY-SEVEN and no/100 DOLLARS ($936,967.00). DIVISION 3 Construct approximately 2,583 linear feet of sanitary and storm sewer in open cut, 6" through 33" in diameter; river crossing; street crossings in open cut; jacking or augering of pipe; manholes; special structures; connections to existing sewers; removal and abandonment of existing sewers; appurtenances; street surface removal; street surface replacement by Subcontractor; miscellaneous concrete replacement; surface restoration; granular backfill; special protection and handling of existing utilities; construction near railroad trackage and right-of-way; special construction procedures and miscellaneous associated work, including cleanup, for the unit prices, extended prices and lump sum prices for the approximate quantities shown in the Proposal for the sum of ONE MILLION, TWO HUNDRED SEVENTEEN THOUSAND, FOUR HUNDRED SEVENTY and no/100 DOLLARS ($1,217,470.00). ALL DIVISIONS The total amount of this contract is as follows: DIVISION 1 $4,138,614.50 DIVISION 2 936,967.00 DIVISION 3 1,217,470.00 TOTAL - DIVISIONS 1, 2 AND 336,293,051.50 C-2 11640 2. That this contract consists of which are made a part of this and absolutely as if they were Contract the following component parts agreement and contract as fully set out in detail in this contract: 2.1 Contract Documents, including: 2.1.1 Notice of Hearing 2.1.2 Advertisement for Bids 2.1.3 Instructions to Bidders 2.1.4 Proposal 2.1.5 Federal Grant Documents 2.1.6 Bond 2.1.7 General Conditions 2.1.8 Supplemental General Conditions 2.1.9 Special Conditions 2.1.10 Detailed Specifications 2.1.11 Plans listed in the Specifications 2.1.12 Addenda issued to the foregoing. 2.2 This Instrument. 2.3 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 and made a part of this contract. 4. That this Contract is executed in quintuplicate. IN WITNESS WHEREOF, the parties hereto have hereunto set their hand and seals the date first written above. CONTRACTOR: PIARTI K. EBY CO_N[STRUCTION CO., INC. by LQ Robert N. Brite Title Vice President ATTEST: � IrL/Wi/ — / John Wright Title Assistant Secretary C-3 11640 CITY OF -IOWA CITY, IOWA Byd-z " 'c z , Mayor ATTEST: City C erk :+ NAME AND ADDRESS OF AGENCY - R. B. Jones Insurance Inc. / Alexander '& Alexander 230 R H Garvey Building Wichita, Kansas 67202 COMPANIES AFFORDING COVERAGES I LETTER A COMMERCIAL UNION INSURANCE CO COMPANY R ULSCHIPIION OF OPERATION50.0CATIONSNEHICLES River Corridor Sewers, Divisions 1,2 and 3, Iowa City, Iowa Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will OFX=Xxx mail 3171— days written notice to the below named certificate holder. Xxxxxxxxx xx-xx xxxxDFxxxx Dgx=xxx 4xxx xxxxxxxxxxx.xXx�=XXXXXX•if?C NAME ANO ADDRESS OE CERTIFICATE HOLDER Chicago, Rock Island and Pacific Railroad Company 139 West Van Buren C Chicago, Illinois 60605 ArORO 25 (Ed 2))I DATE Oct. 1, 1979 V IV 1111 Ll' VN LI t]ILVL R. B. j65- es nsurance nc./ Alexander & Alexander NAME AND ADDRESS OF INSURED /� Q AI Chicago, Rock Island and Pacific Railroad Co �i w,7, nJMPANv D'f and Cedar Rapids & Iowa City Railway Comp 139 West Van Buren LETTER Chicago, Illinois 60605 COMPANY 0 ER 11i 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.. Limits 0 fT8 T-�ITOusan S 30T— COMPANY LETTER TYPEOFINSURANCE POLICY NUMBER POLICY EXPIRATION DATETACH AGGIIEGAIC �T OCCIIRRENCt GENERAL LIABILITY BODILY INJURY IT IT ❑ COMPREHENSIVE FORM 'I ❑PREMISES—OPERATIONS PROPERTY DAMAGE s IT I ❑ EXPLOSION AND COLLAPSE 1 HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑ BODILYINJURYAND .l CONTRACTUAL INSURANCE PROPERLY DAMAGE IT f ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY sI 'I AUTOMOBILE LIABILITY BODILY INJURY 1 (CACTI PERSON) i ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ (EACH OCCURRENCE) OWNED PROPERTY DAMAGE $ ❑ HIRED i BODILY INJURY AND ❑ NON -OWNED PROPERTY DAMAGE $ COMBINED f EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE s T I ❑ OTHERTHAN UMBRELLA COMBINED FORM WORKERS' COMPENSATION PATUTeRY and EMPLOYERS' LIABILITY s a�+��•cnm Nn A RailroagEProtect've CY 9104-406 10-1-81 Bodily Injury $500,000/1,000, Policy lProperty Damage $500, 000/ znow=!—,-M0— 0 0 ULSCHIPIION OF OPERATION50.0CATIONSNEHICLES River Corridor Sewers, Divisions 1,2 and 3, Iowa City, Iowa Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will OFX=Xxx mail 3171— days written notice to the below named certificate holder. Xxxxxxxxx xx-xx xxxxDFxxxx Dgx=xxx 4xxx xxxxxxxxxxx.xXx�=XXXXXX•if?C NAME ANO ADDRESS OE CERTIFICATE HOLDER Chicago, Rock Island and Pacific Railroad Company 139 West Van Buren C Chicago, Illinois 60605 ArORO 25 (Ed 2))I DATE Oct. 1, 1979 V IV 1111 Ll' VN LI t]ILVL R. B. j65- es nsurance nc./ Alexander & Alexander Qcord VAME AND ADL R'. Be JONES INSURANCE INC. Suite 230 Re He Garvey Building Wichita, Kansas 67202 4AME AND ADDRESS OF MARTIN K. EBY CONSTRUCTION CO,, INC. P. 0. Box 1679, 610 North Main Street Wichita, Kansas 67201 COMPANIES AFFORDING COVERAGES COMPR AN LEMER A COMMERCIAL UNION INSURANCE COMPANY U LETTER /B COMPANY ■ LETTER V COMPANY D LETTER COMPANY E LITTER 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. )ESLRIPTION OF OPLNATIONS OCATIONSNCHICLES River Corridor Sewers, Divisions 1,2 and 3 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail __3Q_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. WL AND ADDRESS OF CERTIFICATE HOLDER. City Clerk City of Iowa City Civic Center Iowa City, Iowa 52240 DATE ISSUED. October 1 1979 R. B. Jones Insurance Inc. 706 m t& of Llabil ty in Thousands JLEITER TYPEOF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH AGGREGATE LEITER OCCURRENCE A GENERAL LIABILITY CY 9104-331 1-1-81 BODILY INJURY 3 3 ® COMPREHENSIVE FORM PREMISES—OPERATIONS PROPERTY DAMAGE 3 f L^i EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD PRODUCTS/COMPLETED ' OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE 31,000 31,000 ® BROAD FORM PROPERTY COMBINED DAMAGE ® IHDEPCNDENT CONTRACTORS 'AppIO�:Prood diCoomplrlW 3 1,000 1, ®PERSONAL INJURY In iN1VP1 A AUTOMOBILE LIABILITY CY 9104-332 1-1-81 BODILY INJURY f (EACH PERSON) 500 ® COMPREHENSIVE FORM BODILY INJURY 3 1 OOO ® (EACH OCCURRENCE) OWNED PROPERTY DAMAGE j 141RED ® NIAID BODILY INJURY AND 1L1 NON -OWNED PROPERTY DAMAGE s COMBINED. EXCESS LIABILITYL)04-J63- - BODILY INJURY AND 'y 7yUk"ABRELLA 3 2, 000 3 2, 000 FORM PROPERTY DAMAGE ❑ OTHER THAN UMBRELLA' COMBINED FORM A WORK ERS'COM PENSATION CY 9104-330 1-1-81 STATUTORY and EMPLOYERS' LIABILITY Booms 500 nt. ¢noX.l L� OTHER ! M11111 )ESLRIPTION OF OPLNATIONS OCATIONSNCHICLES River Corridor Sewers, Divisions 1,2 and 3 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail __3Q_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. WL AND ADDRESS OF CERTIFICATE HOLDER. City Clerk City of Iowa City Civic Center Iowa City, Iowa 52240 DATE ISSUED. October 1 1979 R. B. Jones Insurance Inc. 706 jq�orcJ, I III III M121111ill IIAMF AND ADDRESS Or AGLNOY R. B, Jones Insurance Inc. / COMPANIES AFFORDING COVERAGES Alexander & Alexander COMPANY[1 COMMERCIAL UNION INSURANCE C A 230 R H Garvey Building LETTER Wichita, Kansas 67202 COMPANY B LETTER r' NAME AND ADDRESS OF INSURED ! Martin K. Eby Construction Co. , Inc. and v LONY ETTER C City of Iowa City, Iowa, as interest I COMPANY D may appear LE11LR COMPANY E %Martin K. Eby Construction Co. , Inc. LETTER s,{! Wichita, Kansas 67 0 ' This is to certdy That policies of insurance listed below have been issued to the insured named above and are in force at this time. I I-Innitsof l-la Ibit t in Thousan 5 600) COMPANYPOLICY LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY S S ❑ COMPRCHENSNE FORM t ❑ PRCMIS ES–OPCRAT IONS PROPERTY DAMAGE $ S �� ❑EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD ❑CONTRACTUAL BOOILYINJURYAND PROPERTY DAMAGE 3 S INSURANCE ❑ BROAD FORM PROPERTY COMBINED j DAMAGE t ❑INDCPFNDLNT CONTRACTORS PERSONAL INJURY 3 J } PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY 3 (EACH PERSON) 1. ❑ COMPREHENSIVE FORM BODILY INJURY (CACI) OCCURRENCE) ' ❑ OWNED PROPERTY DAMAGE S ❑ HIRED �I ❑ BOINJURY AND 3 t NON-OWnIU PCRIV DAMAGE PROPER �• �,. }. COME31NED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE 3 $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS' LIABILITY ° z• s H.... fiFl •�, A All RieJkRB4uilder a CY 9104-405 10-1-81 $6,Z93,052 Limit Risk, Form CF 10-04 (5/77) 7 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES d River Corridor Sewers, Divisions 1, 2 & 3 Cancellation: Should any of the above described policies be cancelled before the expiration dale thereof. the Issuing com- pany will xxkxxxXxmail 30__. days written notice to the below named certificate hold er,$$?457C*.$$o 11 1 DDMXXXX=XXXXXX.Y..XXXXXXDYCXXX -CIXX}L�,L}:%:$X 7�iL x7i XXi T 'I ' NAME AND ADDRESS OF CERI IFICATE HOLDER October 1, 1979 GATL ISSUED. S CITY OF IOWA CITY, IOWA Civic Center Iowa City, Iowa 52240 — — _ _�nSrance B. Jo Inc./ Alexander & Alexander 'ORD 75 El 2)11 _— RESOLUTION NO. 79-420 BOOR_55A"-..-�fO 1973S 5 AN 8: 47 323'7 s�l,w:P' RECORDER RESOLUTION MODIFYING THE URBAN RENEWAL PLAN FOR JOHNSON CO., IOWA PROJECT IOWA R-14 (Sixth Resolution) WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, hereinafter referred to as the LPA, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project No. Iowa R-14; and, WHEREAS, the City of Iowa City has reached financial settlement of said Project Iowa R-14, and is continuing said project as part of the Community Development Pro- gram, Project B -79 -HN -19-0005; and, WHEREAS, the City Council of Iowa City, Iowa, has previously adopted and approved an Urban Renewal Plan for sai roject, which Urban Renewal Plan was adopted and approved in Resolution No.156passed by the City Council of Iowa City, Iowa, on October 2, 1969, which Plan was modified and amended by Resolution No. 72-159, passed and approved by the City Council of Iowa City, Iowa, on April 18, 1972, which Plan was modified and amended by Resolution No. 73-172, passed and approved by the City Council of Iowa City, Iowa, on May 1, 1973, which Plan was modified and amended by Resolution 73-420, passed and approved by the City Council of Iowa City, Iowa, on September 25, 1973, which Plan was modified and amended by Resolution 76-352, passed and approved by the City Council of Iowa City, Iowa, on September 28, 1976, which Plan was modified and amended by Resolution 77-152, passed and approved by the City Council of Iowa City, Iowa, on May 24, 1977, which Plan and modifications attached hereto are now on file with the City Clerk of Iowa City, Iowa, as the official plan for Urban Renewal Project Iowa R-14; and, WHEREAS, certain further modifications of said Urban Renewal Plan have been proposed; and, WHEREAS, a public hearing has been held by the City Council of Iowa City, Iowa, on the desirability of said proposed modifications; and, WHEREAS, the LPA deems it desirable, necessary, and in the public interest that the Urban Renewal Plan for Project No. Iowa R-14 be modified as follows: 1. Providing for public re -use of certain real property. 2. Deleting certain real property from the Land Disposition Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, acting as the Local Public Agency, that the Urban Renewal Plan of the City of Iowa City, Iowa, for Urban Renewal Project No. Iowa R-14 approved and adopted by Resolution No. 2157 on October 2, 1969, and as modified by Resolution No. 72-159 on April 18, 1972, and by Resolution No. 73-172 on May 1, 1973, and by Resolution No. 73-420 on September 2S, 1973, and by Resolution No. 76-352 on September 28, 1976, and by Resolution No. 77-152 on May 24, 1977, be modified further as follows: Section C(2) b, LAND USE PLAN, Land Use Provisions and Building ResHirements Additional Controls an�j ctives, Central Business Core, is ereby amended by adding the provision, "Provide for the development of a new public library at the intersection of College and Linn Streets" at the end thereof. HN //1S -2 - It was moved by Erdahl , and seconded by Roberts that the resolution as read be adopted, and that Parcel 65-4 (site for the new public library) be deleted from the Land Disposition Plan dated April, 1977, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse T Erdahl x Neuhauser X Perret x Roberts x Vevera It was further moved by Perret , and seconded by deProsse that Parcel 65-2 (Blackhawk mini -park) be eleted from the Land Disposition Plan dated April, 1977, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse 57— Erdahl x Neuhauser x Perret X Roberts x Vevera The Land Disposition Plan dated April, 1977, is hereby deleted and a new Land Disposition Plan, dated August, 1979, attached hereto and by this reference incorpo- rated herein, is hereby substituted in its place. Passed and approved this28th day of August , 1979. ATTEST: City Cle 41 0��,�E SEAQ w .ol i a tom, y- 111�;6 LAND DISPOSITION PLAN A WASHINGTON ST N COLLEG ST, ..� J ..i .. O i i.i �IX Z W O 1D 0 3 Z ST „,BURLINGTON Z O N Z ii i COURT ST COLLEG ST, ..� J ..i .. O i i.i �IX Z W O 1D 0 3 Z LEGEND BLOCK NUMBER a PARCEL NUMBER C DISPOS. PARCEL E, /:, City -University Project Project Number Iowa R-14 City of Iowa City, Iowa August 1979 Cq RESOLUTION NO. 79-421 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH OLIN LLOYD FOR THE LEASING OF WAREHOUSE SPACE FOR THE STORAGE OF FURNITURE FOR THE PROPOSED SENIOR CENTER. WHEREAS, the City of Iowa City has begun to acquire furnishings and equipment for the proposed Senior Center, and WHEREAS, it is necessary to provide for the safe storage of these furnishings until the completion of the Senior Center, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, that the Mayor be authorized to sign and the City Clerk to attest an agreement with Olin Lloyd for the leasing of 1,440 square feet of space at 1212 Highland Court in Iowa City for the storage of furnishings for the proposed Senior Center. It was moved by deProsse and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 28th day of August, 1979. -.e-- MAYOR ATTEST: CITY CLERK yrs l 1m^ R P."t R`'•� BY LEASE - BUSINESS PROPERTY This lease agreement, executed in duplicate, made and entered into this Z day of5 1979 by and between Olin Lloyd, hereinafter called the "Landlord" hose address for the purpose of this lease is 738 Rundell Street, Iowa City, Iowa 52240 and City of Iowa City, a municipal corpora- tion, whose address is 410 East Washington Street, Iowa City, Iowa 52240, hereinafter called the "Tenant." WITNESSETH that: 1. Premises and Term. The Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained, on the part of the tenants to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Johnson County, Iowa to -wit: The east one-half (1,440 square feet) at 1212 Highland Court, Iowa City, Iowa with the improvements thereon and all rights, easements and appurtenances thereto belonging for a term of one year, commencing on the 20th day of August, 1979 and ending at midnight on the 19th day of August, 1980, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this lease provided. Rental. Tenant agrees to pay to Landlord as rental for said term, $275 per month, in advance, the first rent payment becoming due upon the execution of this lease and the same amount, per month, in advance, on the first day of each month thereafter during the term of this lease. All sums shall be paid at the address of the Landlord, as designated above, or at such other place in Iowa as the Landlord may from time to time previously designate in writing. Delinquent payments shall draw interest at nine percent 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 the lease term, except as herein otherwise expressly provided. 4. Use of Premises. Tenant agrees during the term of this lease to use and occupy the leased premises only for warehouse purposes. Quiet Enjoyment. Landlord covenants that its estate in said premises is fee simple and that the Tenant on paying the rent herein reserved in 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 the lease free from disturbance by the Landlord or any other persons. 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. Tenants take said premises in their present condition. Landlord will keep the roof, structural part of the floor, walls and other structural parts of the building in good repair. Tenants shall, after taking possession of said premises and until the termination of this lease and the actual removal from the premises, at its owns expense, care for and maintain said premises in a reasonably safe and serviceable condition, except for structural parts of the building. 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. ci_efce w. 'n, ra do A 7. Surrender of Premises at End of Term. 9-1-79i. Tenant agrees that upon expiration of this lease, it will surrender the leases premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arriving from lapse of time, or damage without fault or liability of Tenant. Holding Over. Continued possession, beyond the expiratory date of the term of this lease by the Tenant coupled with receipt of the specified rental by the Landlord (in absence a written agreement by both parties for an extension of this lease, or for a new lease, shall constitute a mgnth-to-month extension of this lease). 8. Assignment and Subletting. Any assignment of this lease or subletting of the premises or any part thereof without the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of this lease term due and payable at once. Such written permission shall not be unreasonably withheld. 9. Landlord Shall Pay all Real Estate Taxes and Special Assessments. 10. Insurance. 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 covered by extended coverage. 11. Construction of Premises. In the event of partial or total destruction of the premises, the Landlord and Tenant shall have the option of terminating this lease within 20 days after such destrcution. 12. Rights Cumulative. The various rights, powers, options and remedies of either party, provided in this lease or in state law shall be construed as cumulative and no one of them as exclusive of the others and shall in no way impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied. 13. Notices and Demands. Notices as provided for in this lease shall be given to the respective parties hereto at their respective addresses designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such method shall be considered given under the terms of this lease when sent, addressed as above designated, postage pre- paid, by registered or certified mail, return receipt requested, by the United States mail and so deposited in a United States mailbox. 14. Provisions to Bind and Benefit Successors and Assigns. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executives and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 15. 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 in manner be 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. IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the day and year first above written. LANDLORD: TENANT: LANDLOREF MAYOR 7 /J ATTEST: LANDLORD SPOUSE CITY CLERK STATE OF IOWA SS JOHNSON COUNTY On this ;7Z1- day of 4Z , 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared A&k" • 21-ZM#.i 7' Qfd�.e.�i1r��� to me known to be the identical persons named in and who executed the within and foregoing instrument and acknow- ledged that they executed the same as their voluntary act and deed. STATE OF IOWA SS JOHNSON COUNTY Notary Public in an or said County and State I, &" rze_l�; a notary public in and for said c unty, in the state aforesaid, do h6leby certify that 6 -e -n and - to me personally known to 3deo- -Y rn =� •�••�and ow� /'7.9 Aaln,& eretary-resp , a-eerporatiorv, and also known to me to be the persons whose names a subscribed to the foregoing instru- ment, appeared before me this day in person and acknowledged that as such &- I^ president and secretary respectively --they signed, sealed, and delivered the said instrument as the free and voluntary act of s, i oWratlon, for the uses and purposes therein set forth, and that ttAL" w duly authorized to execute the same. by- the--board-of--dtreGtors—of—said cor�or ion. Given under my hand and notarial seal this 7e;� day of J.1, 1979. e Notary Public in and for said County and State My commission expires j) 1911 rXCZ1V= y L?pROYED 8Y IRS LEGAL DAEPLRTWT Y /-Z ./;. ' RESOLUTION NO. 79-422 RESOLUTION APPROVING OFFICIAL REPORT OF WjNICIPALITY OF STREh-1;S AND PARKING FOR FY 1979 BE IT RESOLVED BY THE CITY COWIL OF IOWA CITY, IOWA, that the Official Report of Municipality of Streets and Parking for the period beginning July 1, 1978, through June 30, 1979, be approved. It was moved by Balmer and seconded by Perret t at t e Resolution be adopted as rea on rol ca t ere were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUiAUSER x PERRET x ROBERTS —X_ VEVERA Passed and approved this 28th day of August , 1979. //3.3 Racelved d, Approved BY The Legal Deparfnrn+ RESOLUTION NO. 79-423 RESOLUTION AMENDING THE TRAVEL POLICY IN ORDER TO REVISE THE REIMBURSEMENT RATE FOR USE OF PRIVATE VEHICLES. WHEREAS, Resolution No. 77-241 established the travel policy governing expenses incurred by municipal officers, agents and employees while on official business, and, WHEREAS, the current reimbursement rate is no longer sufficient due to increased cost of fuel and vehicle maintenance, and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE -CITY OF IOWA CITY, IOWA, that reimbursement for the use of private vehicles for official travel be made as follows: 1. Effective September 1, 1979, reimbursement will be made at eighteen cents (184) per mile. 2. Effective July 1, 1980, reimbursement will be made at twenty cents (204) per mile. 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 deProsse _x Erdahl x_ Neuhauser x Perret x Roberts _x Vevera Passed and approved this 28th day of August , 1979. ATTEST: jqlzei c �/ CITY CLERK MAYOR BECEI7ED i APPROVED 8Y .THE y rWAL DEPlRT1[ENT 11341 �� / 6 RESOLUTION NO. 79-424 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH THE JOHNSON COUNTY REGIONAL PLANNING COMMISSION, UNITED WAY, AND JOHNSON COUNTY BOARD OF SUPERVISORS TO PROVIDE HUMAN PLANNING FOR JOHNSON COUNTY. WHEREAS, the City of Iowa City, Johnson County Board of Supervisors, United Way, and Johnson County Regional Planning Commission recognizes the importance of planning to meet human needs and to provide orderly program development to meet the needs of citizens in Johnson County, and WHEREAS, the Commission and United Way is capable of doing research and planning as part of the human services planning for Johnson County, and WHEREAS, an agreement to provide such human needs planning has been negotiated between the parties listed above, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to execute and the City Clerk to attest the agreement. It was moved by Balmer and seconded by Perret that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 2 8th day of August , 1979. ATTEST: , -�rlJill,% CITY CLERK MAYOR BY Tv i��I. Lu dl M NT // 35 AGREEMENT This Agreement, made and entered into this day of 1979, by and between the City of Iowa City, a municipal corporation hereinafter referred to as "City", and the Johnson County Regional Planning Commission, hereinafter referred to as "JCRPC". This Agreement, also, entered into this day of , 1979, between the Johnson County Board of Supervisors, hereinafter referred to as "County", and United Way of Johnson County hereinafter referred to as "UW". "Funding bodies shall mean the City of Iowa City, Johnson County Board of Supervisors, and United Way of Johnson County." NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES JCRPC and UW shall jointly provide management and information service, as described in Section A below, to assist the City, County, and United Way in evaluating human resource programs which seek financial support from United Way for FY80 or from the City or County for FY81 and shall disseminate appropriate funding and program information with regard to these human resource programs. UW shall regularly update the Johnson County Services Index, as described in Section B below, and shall publish a revised index on an annual basis. JCRPC shall undertake detailed staff review through the A-95 Review and Comment process of all relevant human service applications for federal financial assistance, as described in Section C below. A. Management and Information Services Management and information services shall be provided jointly by JCRPC and UW to the funding bodies to assist in carrying out the joint funding process for human services. The following services shall be provided: 1. JCRPC and UW shall jointly draft budget and program information forms to be used by all human service agencies applying for financial support from one or more of the funding bodies. An instruction manual shall be prepared to assist agencies in proper completion of the necessary forms. 2. UW shall hold two workshops on proper use and interpretation of the budget and program information forms: one for funding bodies and one for agencies seeking funding support. JCRPC and UW staff will //3 6 -2 - instruct the agencies regarding proper completion of the forms; funding bodies will require attendance by all agencies applying for funds. JCRPC and UW staff will also instruct the funding bodies in the analysis and utilization of the information provided by the forms. 3. JCRPC shall review and analyze all applications for financial assistance made to funding bodies by human service agencies, shall prepare an evaluation of each application, and shall make recommendations regarding each. The following steps shall be used for this procedure. a. All applications shall be received by JCRPC on or before July 16, 1979, eight (8) weeks prior to the beginning of the joint hearings. b. JCRPC staff shall review the applications for proper completion. If an application is incomplete or improperly completed, staff will return it to the applicant agency with a written explanation of the deficiency on or before July 23, 1979. C. All corrected applications shall be received by JCRPC on or before July 30, 1979, six (6) weeks prior to the beginning of the joint hearings. d. JCRPC staff shall analyze all applications and shall prepare a written evaluation of each. The evaluation shall be one to two pages in length and shall contain the following information: i. Amount requested from United Way for FY80 and from the City and County for FY81. ii. Amounts requested from and funded by United Way for FY78 and FY79; amounts requested from and funded by the City and County for FY79 and FY80. iii. Explanation of increase or decrease in present funding request from previous year's request (e.g., increase due to loss of CETA funding, added staff, increased cost of materials, proposed program expansion; decrease due to discontinuation or reduction of an agency program, availability of new or increased funding from another funding source.) iv. Analysis of proposed program additions or expansions in light of needs identified in Human Service Profiles or other documentation of need. 11127 -3- v. Evaluation of agency programs based upon site visits, where applicable. vi. Evaluation of agency cooperation with the human services program (e.g., use of appropriate management techniques, including the establishment of standards and setting of measurable goals and objectives; accurate reporting and use of the budget and program information forms; attendance at the agency budget workshop.) vii. Staff will indentify instances where the staff is personally associated with the agency. viii. Analysis of agency programs in relation to guidelines for funding developed by each funding body. (See section I) 4. ix. Recommendation for funding based upon: (1) past performance and program operation, (b) proposed programs and their relationship to identified needs, (c) the relationship of agency programs and services to guidelines for funding developed by each funding body, (d) attendance at human services programs and compliance with their regulations, (e) promptness and accuracy in completion of budget and program information forms. These summaries shall be attached to each agency's application for financial support. 4. UW shall oversee the distribution of all supportive materials to funding body representatives for use in the joint funding hearings (i.e., completed budget forms, completed program information forms, and evaluations completed by JCRPC staff as in Section I)A)3)d above. UW shall also compile and ready these materials for distribution to funding body representatives no later than one (1) week prior to the particular agency's scheduled hearing. 5. UW shall undertake to set up the schedule of agency hearings and shall notify each agency and funding body representatives of that schedule. 6. JCRPC and UW staff shall attend all hearings to provide additional information regarding agency requests and to clarify, where necessary, information contained in the staff evaluations. Two representatives from each funding body will be designated to attend each hearing. M 1 MIM A separate hearing will be held for each applicant agency; joint sessions may be held in addition to the individual hearings in order to provide more complete information regarding services in a particular area and program interactions among agencies (e.g., in the area of youth services). Funding body representatives will hold separate sessions following the completion of the agency hearings in order to discuss agency funding applications and allocations. Each funding body will make its allocations at a separate meeting of that funding body. A date will be set for a joint meeting of funding bodies to hear any appeals by agencies regarding the allocations. All forms, policies, and procedures used in the joint hearing process shall be revised by staff, with input from other relevant staff and from policy makers, as it becomes desirable or necessary. The funding bodies shall vote on the adoption of all such changes. Johnson County Services Index 1. UW shall maintain the Johnson County Services Index, which catalogs all social agencies and programs in Johnson County. The information in the Index will be maintained on the University of Iowa ATS memory system. 2. UW will notify all subscribers to the Index of major changes (i.e., new/discontinued agencies and programs) on a quarterly basis. 3. Agencies which serve referral sources will information quarterly. as major information and be notified of all updated 4. A complete update of the Index will be made available to all subscribers annually. Those agencies which serve as major information and referral sources and which continually update their own copies of the Index will be used as a major resource for updated information. Subscribers will be charged an annual fee of $2.50 per copy for this service, effective January 1, 1980; new subscribers will be charged an initial fee of $5.00 per copy. The following will be exempt from these fees: Iowa City Public Library, United Way, &3 f -5 - Crisis Center, JCRPC, Department of Social Services (Johnson County office), Campus Information Center, law enforcement agencies, City of Iowa City and Johnson County. C. A-95 Review The funding provided to JCRPC in accordance with this contract shall make possible a detailed review of human service agency applications for federal financial assistance through the Commission's A-95 Review process. The review shall consist of the following: 1. In carrying out the review, staff will consider among other things, previous applications and past performance in the case of continuation grants. New programs will be reviewed with consideration given to the needs identified in the JCRPC human service planning process. Special public meetings will be held as needed to provide an opportunity for interested persons to comment on specific applications. The need for such meetings shall be determined by the JCRPC. Notices and supporting information will be sent to agencies whose services might be affected by the proposed program. Press releases regarding the special public meetings will also be issued. 3. Staff will forward all comments made by the public, as appropriate, to JCRPC. CITY OF IOWA CITY,IOWA o'� JOHNSON COUNTY REGIONAL PLANNING COMMISSION 1,."F71rFD I, LP -1111"M RY'TSrr iJ9I, i.t:I'AIt aIM 0=�y-mss �?�✓ //yo M JOHNSON COUNTY BOARD OF SUPERVISORS UNITED WAY OF JOHNSON COUNTY 1/5// RESOLUTION NO. 79-425 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA'CTbP BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class L Liquor Control License application is hereby approved for the following named person or persons at the following described location: I.C.B.B., Ltd. dba The Brown Bottle, 114 SouthClinton St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as ren a adopted, and upon i Z%a'IT there were: AYES Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera NAYS: ABSENT: x Passed and approved this 11th day of September . 19 79 Attest: City Clerk // 111;21 RESOLUTION NO. 79-426 Cl RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C,L; "hr Sunday Permit application is hereby approved for the following named person or persons at the following described location: I.C.B.B., Ltd. dba The Brown Bottle, 114 South Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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: Balmer deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of September , 19 79 ,? Pro !em Attest: �;I_L_ 14�L 01-ty Clerk /i 10 RESOLUTION NO. 79-427 • RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCW= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class �r Liquor Control License application is hereby approved -for the following named person or persons at the following described location: James W. Burr and James R. Coon dba Time Out Restaurant and Coaches' Corner Lounge, 1220 Highway 6 West Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as rues be adopted, and upon roti c-alT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of September , 19 79 Attest: a6L City Clerk RESOLUTION NO. 79-428 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: James W. Burr and James R. Coon dba Time Out Restaurant and Coaches' Corner Lounge, 1220 Highway 6 West Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Ferret x Roberts x Vevera Passed and approved this 19 79 ABSENT: x 11th day of September , Attest: t� J 'City Clerk //XS • RESOLUTION NO. 79-429 • RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location; Ken's Pizza Parlors, Inc. dba Ken's Pizza, 1950 Lower Muscatine Road Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Cleric shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department` It was moved by Neuhauser and seconded by Perret that the Resolution as re�Fe adopted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x deProsse _x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this � Attest: i City Clerk 11th day of September 19 79 . RESOLUTION NO. 79-430 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba Ken's Pizza, 1950 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Perr t that the Resolution as readbe adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 19 79 Attest: rAlz _e& City Clerk 11th ABSENT: day of September , RESOLUTION NO. 79-431 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: Hagen Electronics, Inc. (Hawkeye Amusement) dba Time Out Restaurant and Coaches Corner Lounge, 1220 Highway 6 West Servomation Corp. dba Sheller -Globe Corp., Highway 6 East It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse AYES: NAYS: X X Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th 19 79 ABSENT: X day of September , Attest: City Clerk 11419 RESOLUTION NO. 79-432 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION GlPX FOR CURB RAMP PROGRAM - 1979 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 18tlday of September , 1979, 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 (A) 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: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS 9 Passed and approved this ATTEST 11th• day of September , 19 79 . uy ine Legal Department �-'-9 .,,�_*_ RESOLUTION NO. 79-433 rt RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NEIGHBORHOOD SITE IMPROVEMENT - ARPHATT ncn,uT.ay PZ GRAM 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 25tksiay of September , 1979 , at 7:70 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 Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PE RRET x ROBERTS x VEVERA Passed and approved this 11th day of September , 19 79 ATTEST: wy ine Legal Department 46�-/,-L RESOLUTION No. 79-434 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF ALLEY IMPROVEMENT PROJECT - BLOCKS 28 R 29 O.T. 1974 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 $1,700.00 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 bide 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 26th day of September 19a. Thereafter, the bide 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 2nd day of October , 19 79 Received a Approved By The Legal Department _�f 9 - L -79 //.s'/ Page 2 Resolution No. 79-434 It was moved by Neuhauser 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 dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 11th day of September , 1979. -� Z- MAYOR Pro am ATTEST: - CITY C RK The Council then discussed the matter of constructing sanitary sewer improvements, generally described as the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. A petition and waiver, duly executed by owners of property to be assessed for the proposed public improvements, was officially filed with the Clerk of said City. -2- AHLERS. COONEY. DORWEILER. HAYN IE a SMITH. LAWYERS, DES MOINES. IOWA 1153 Whereupon, Council Member de?rosse introduced the following resolution entitled "RESOLUTION APPROVING PETITION AND WAIVER", and moved that the same be adopted. Council Member Roberts seconded the motion to adopt. The roll was called and the vote was, AYES: deProsse, Erdahl, Neuhauser, Perret Roberts, Balmer NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-435 RESOLUTION APPROVING PETITION AND WAIVER WHEREAS, a Petition and Waiver has been duly executed by the owners of property agreeing thereby to be assessed for the full cost of sanitary sewer improvements, the same being attached hereto; and WHEREAS, upon investigation it is found that the holders of all liens and encumbrances against said benefited property to be assessed pursuant to said Petition and Waiver have executed and agreed to and have subordinated their liens to the provisions of same; and WHEREAS, the following action is deemed appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the aforesaid Petition and Waiver attached hereto be and the same is hereby approved and accepted for and on behalf of this City. PASSED AND APPROVED G-tS 11th ATTEST:M�$ol, pro tem Clerk —3— September , 1979. AHLERS. COONEY. DORWEILER, HAYNIE&SMITH, LAWYERS, DES MOINES. IOWA deProsse introduced the following Resolution entitled- Pm RELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA", and moved its adoption. Roberts seconded the motion to adopt. T e roii was called and the vote was, AYES: Erdahl, Neuhauser, Perret, Roberts Balmer. deProsse NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-436 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that sanitary sewer improvements be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said improvements be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the City Code of Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Subdivision A. That Iowa City, Iowa, construct sanitary sewer improvements, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Installation of an 8" sanitary sewer east 87.5' from an existing manhole (located south of Melrose Avenue), north 100' under Melrose Avenue, and east 388.5. -4- AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA 1155 Subdivision C. That Eugene A. Dietz, P.E., City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the Clerk preliminary plans and specifications and estimates of the total cost of the work and the plat and schedule of special assessments against benefited properties. Subdivision D. That this Council hereby determines that all property within the area hereinafter described will be specially benefited by said improvements, to -wit: All property located within the following area shall be assessed as benefited property to pay for said Melrose Avenue Sanitary Sewer Extension Assessment Project, to -wit: All that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, except the East 125.0 feet in width thereof, and except the Southerly 10 feet of Lots 1, 2, 3 and 4 of said subdivision located in the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, and except that part of Lot 5 of said subdivision (as described previously) lying between the existing northerly line of Melrose Avenue and south of a line which is 50 feet northerly and parallel with the relocated centerline of Melrose Avenue described as follows: Commencing at the Northwest corner of said section 17; thence S 88°5211511 E, 508.00 feet; thence S 87°39'45" E, 594.13 feet to the point of curvature of a 3,819.83 foot radius curve concave southerly; thence along said curve for a distance of 648.59 feet to the point of intersection with the said existing right-of-way line and the said relocated right-of-way line, thence continuing along said curve 289.19 feet to the point of tangent; thence S 73135145" E, 30.72 feet to the East line of said Lot 5. Subdivision E. The said improvement shall be designated as the 111979 Melrose Avenue Sanitary Sewer Extension Assessment -5- AHLERS. COONEY. DORWEILER. HAYNIE d SMITH. LAWYERS. DES MOINES. IOWA r156 Project", and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. PASSED AND APPROVED this 11th day of September 1979. ATTEST: ( J4 �— -&� Clerk If mc AHLERS. COONEY. DORWEILER. HAYN IE&SMITH, LAWYERS. DES MOINES, IOWA deProsse introduced the following Resolution entitled "RESOLUTION FIXING VALUES OF LOTS" and moved its adoption. Roberts seconded the motion to adopt. The roll was cal ed and the vote was, AYES: Neuhauser, Perret, Roberts, Balmer, deProsse, Erdahl NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-437 RESOLUTION FIXING VALUES OF LOTS WHEREAS, this Council after full investigation, has arrived at a determination of the value of each lot located within the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, said valuation being set forth in a preli- minary schedule entitled "Schedule of Estimated Assessments", under the column therein headed "Property Valuation": NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said schedule of values, hereinabove referred to, be and the same is adopted as the valuations of the lots, with the proposed public improvements completed, within the boun- daries of said improvements and the Clerk is hereby directed to forthwith deliver the same to Eugene A. Dietz, P.E., the Engineer, for said project, said Engineer to insert said values in the schedule of assessments which is to be prepared and filed with this Council. PASSED AND APPROVED, this 11th 1979. day of September , -7- AHLERS. COON EY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA Perret introduced the following Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 1979 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT" and moved its adoption. Erdahl seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Balmer, deProsse Erdahl, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-438 RESOLUTION ADOPTING PRELIMINARY PLAT AND SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE 1979 MELROSE AVENUE SANITARY SEWER EXTENSION ASSESSMENT PROJECT WHEREAS, this Council has caused to be prepared preliminary plat, schedule and estimate of cost, together with plans and specifications, for the construction of the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, and this Council has fixed the valuations of the property proposed to be assessed as shown therein; and WHEREAS, said plat and schedule, estimate of cost and plans and specifications appear to be proper for the purpose intended: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and schedule, estimate of cost and plans and specifications be and the same are hereby adopted as the proposed plat, schedule, estimate of cost and plans and specifications for said improvements and are hereby ordered placed on file with the Clerk for public inspection. AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS, DES MOINES, IOWA 1159 BE IT FURTHER RESOLVED, that the boundaries of the District for the making of said improvements, as shown in the Engineer's plat, be and the same are hereby fixed as the boundaries for said 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. PASSED AND APPROVED, this 11th day of September 1979. ATTEST::: p Oma( �-/,La.� Clerk zL AHLERS. COONEY. DORWEILER. HAYNIE& SMITH. LAWYERS. DES MOINES. IOWA Erdahl introduced the following Resolution entitled "RESOLUTION OF NECESSITY", and moved its adoption. Perret seconded the motion to adopt. The roll was called and the vote was, AYES: Perret, Roberts, Balmer, deProsse, Erdahl, Neuhauser NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 79-439 RESOLUTION OF NECESSITY WHEREAS, preliminary plans and specifications and plat and schedule and estimate of cost are now on file in the office of the Clerk showing the boundaries of the district, containing the properties and lots to be assessed, locations of the improvements, each lot proposed to be assessed, together with a valuation of each lot as fixed by the Council, an estimate of the cost of the entire proposed improvements, stating the cost of each type of construction and kind of materials to be used, and an estimate of the amount proposed to be assessed against each lot, for the construction of the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, as hereinafter described, in Iowa City, Iowa: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to construct as a single improvement the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, in Iowa City, Iowa. Said district containing the properties to be assessed is set out and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. Said improvements within said District are located and described in the following "Notice to Property Owners", set out in this Resolution of Necessity. -10- AHLERS. COONEY. DORWEILER. HAYN IE& SMITH. LAWYERS. DES MOINES. IOWA The method of construction shall be by contract. Costs of said improvements will be assessed to the properties within the boundaries of the district. No property shall be assessed more than it is benefited by the improvements nor more than 258 of its value on the date of its assessment. Said assessment may include a ten percent Default and Deficiency Fund, as authorized by Section 384.44, City Code of Iowa. A plat and schedule and estimate of costs are now on file in the office of the Clerk as required by law. Any difference between the amount which is derived from cash payments made by property owners during the thirty day collection period and the sale of Improvement Bonds issued against assessments on benefited properties and the total cost of the improvements, shall be paid for from the proceeds derived from the issuance and sale of bonds as authorized by Section 384.25, City Code of Iowa, and/or from such other funds of said Municipality as may be legally used for such purpose. BE IT FURTHER RESOLVED, that this Council meet at o'clock M., on the day of , 1979, in the Council Chambers in the City Hall, for the purpose of hearing property owners subject to assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district. Unless a property owner files objections with the Clerk at the time of the hearing on this resolution of necessity, he shall be deemed to have waived all objections pertaining to the regularity of the proceedings and the legality of using special assessment procedure. BE IT FURTHER RESOLVED, that the Clerk is hereby instructed to cause notice to be published and mailed as required by law of the pendency of this resolution and of the time and place of hearing objections thereto, and to the said preliminary plans and specifications, estimate of costs and to the making of said improvements; said Notice to be in substantially the following form: -11- AHLERS, COONEY. DORWEILER. HAYNIE&SMITH. LAWYERS. DES MOINES, IOWA (Two publications required) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Iowa City, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the district as approved by the Council of Iowa City, Iowa, for a sewer improvement, designated as the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project, of the types and in the location as follows: Installation of an 8" sanitary sewer east 87.5' from an existing manhole (located south of Melrose Avenue), north 100' under Melrose Avenue, and east 388.5. That the proposed district to be benefited and subject to assessment for the cost of such improvements described as follows: All property located within the following area shall be assessed as benefited property to pay for said Melrose Avenue Sanitary Sewer Extension Assessment Project, to -wit: All that part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, except the East 125.0 feet in width thereof, and except the Southerly 10 feet of Lots 1, 2, 3 and 4 of said subdivision located in the Northeast Quarter of the Northwest Quarter of Section 17, Township 79 North, Range 6 West of the 5th P.M. lying North of the City street known as Melrose Avenue, and except that part of Lot 5 of said subdivision (as described previously) lying between the existing northerly line of Melrose Avenue and south of a line which is 50 feet northerly and parallel with the relocated centerline of Melrose Avenue described as follows: Commencing at the Northwest corner of said section 17; thence S -12- AHLERS. COONEY. DORWEILER. HAYN IE & SMITH. LAWYERS. DES MOINES. IOWA 88°52115" E, 508.00 feet; thence S 87039145" E, 594.13 feet to the point of curvature of a 3,819.83 foot radius curve concave southerly; thence along said curve for a distance of 648.59 feet to the point of intersection with the said existing right-of-way line and the said relocated right-of-way line, thence continuing along said curve 289.19 feet to the point of tangent; thence S 73135145" E, 30.72 feet to the East line of said Lot 5. The Council will meet at o'clock M., on the day of , TT7-9-,—at the Council Chambers, Civic Center, Iowa City, Iowa, at which time the owners of property subject to assessment for the proposed improvements, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of Hearing he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Iowa City, Iowa. Clerk, Iowa City, Iowa (END OF NOTICE) -13- AHLERS. COONEY. DORWEILER, HAYNIE & SMITH. LAWYERS, DES MOINES. IOWA //ly APPROVED AND PROPOSED at a meeting held on the 11th day of September , 1979. M or pro tem ATTEST: Clerk -14- AHLERS. GOONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES, IOWA (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Iowa City, Iowa. Date of Meeting: September 11, 1979 Time of Meeting: 7:30 PM 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: Procedure to initiate the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. - Preliminary resolution for construction. - Resolution fixing values of lots. - Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications. - Resolution of necessity. - Resolution approving petition and waiver for the 1979 Melrose Avenue Sanitary Sewer Extension Assessment Project. Such additional matters as are set forth on the addi- tional �_ pages(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. at�41_ =m "__117 1) Clerk, Iowacity,Iowa 17 9 AHLERS. GOONEY. DORWEILER• HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA 1 RESOLUTION N0. 79-440 WHEREAS, the Engineering Department has certified that the following improvarents have been eatpleted in accordance with plans and specifications of the City of Iowa City, sanitary sewer Village Green South, Part II, Iowa City, IA AND WHEREAS, Maintenance Bonds for Rick Carpanv. Inc. are on file in the City Clerk's Office, NOT THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improverents be accepted by the City of Iowa City. It was moved by Roberts and seconded by Erdahl that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x E RDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 11thy of September 1979 '� -- pro tem ATTEST: � City Clerk Received P$ Approved By The Legal Department CITY 0 0 of IOWA CIVIC CENTLR- 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18a) ENGINEER'S REPORT August 23, 1979 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 specifi-cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The sanitary sewer for Village Green South, Part II, as constructed by Rick Company, Inc. of Toledo, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, J �. D#J� E gene Aietz, P. E. City Engineer bdw4/13 116 7 RESOLUTION NO. 79-441 A RESOLUTION AMENDING RESOLUTION 77-168 BY DESIGNATING ADDITIONAL LEGAL HOLIDAYS. WHEREAS, Resolution No. 77-168 designates certain legal holidays with regard to the use of parking meters, and WHEREAS, it is in the public interest to designate additional days as legal holidays. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution 77-168 be amended by adding the following legal holidays: G. The third Monday in February (Washington's birthday). H. The eleventh day of November (Veteran's Day). I. The fourth Friday of November (day after Thanksgiving). It was moved by deProsse and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of September, 1979. �z Pro_ zem ATTEST: - CITY CLERK JOCEIYED i A.-'- BY TU LEGAL DEPnRIk,"'NT_ /"/ 6 W C� U RESOLUTION NO. 79-442 RESOLUTION AMENDING SALARIES, COMPENSATION AND CHANGING POSITION TITLE FOR CLASSIFIED PERSONNEL AND PROVIDING FOR VARIOUS POSITION CHANGES. WHEREAS, the City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The elimination of one budgeted Senior Clerk Typist in the Parks and Recreation Administration Division, Range 3 of the Classified Pay Plan. 2. The addition of one Senior Account Clerk position in the Parks and Recreation Administration Division in Range 6 of the Classified Pay Plan. It was moved by Neuhauser and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts x Vevera Passed and approved this 11th day ATTEST: -L�L-' City September 1979. loin RECEIVED & A.:: N SIE MAL DEPAPrIL:NT 116 9 RESOLUTION NO. 79-443 RESOLUTION DESIGNATING ASSISTANT CITY ATTORNEY ANGELA RYAN AS ASSISTANT CITY ATTORNEY III AND ESTABLISHING COMPENSATION. WHEREAS, Assistant City Attorney Angela Ryan has served the City of Iowa City as an Assistant City Attorney since June of 1976, and WHEREAS, Ms. Ryan has performed an increasing number of administrative duties in the course of her work, and WHEREAS, the City Attorney has recommended to the City Council that Ms. Ryan be given administrative responsibilities and duties in order to assist the Legal Department to perform its duties in a prompt and effective manner, and WHEREAS, the City Attorney has recommended that Ms. Ryan be paid an annual salary of $22,000 to compensate for the additional duties and responsibilities assumed by her in her work. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that Assistant City Attorney Angela Ryan is hereby promoted to the position of Assistant City Attorney III with administrative responsibilites and duties as shall be established and designated from time to time by the City Attorney at an annual salary commencing October 1, 1979, of $22,000. It was moved by Roberts and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this llthday ATTEST: rte, CITY CLERK September 1979 1 -4k. -AID e1 l I I l( '7o RESOLUTION NO. 79-444 RESOLUTION AUTHORIZING THE FILING OF 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 Secretary of Transportation is authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; WHEREAS; it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transpor- tation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the Applicant that minority business enterprise be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY: 1. That the City Manager is authorized to execute and file an application on behalf of the City of Iowa City with the U.S. Department of Transportation, to aid in financing of four 41 to 53 passenger lift equipped buses, one 12 -passenger lift equipped bus and two fare boxes. 2. That the City Manager is authorized to execute and file with such appli- cation an assurance or any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That Neal Berlin, City Manager, is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the project. 4. That the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 5. That the City Manager is authorized to execute and file with such application an assurance effectuating the purposes set forth in Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 27, which prohibits discrimination by reason of handicap. RESOLUTION NO. 79-444 PAGE 2 It was moved by NeuhauSer and seconded by _ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Balmer _x deProsse x Erdahl x Neuhauser x Perrot x Roberts x vevera Passed and approved this 11th day of September , 1979. ATTEST: 0&1 CITY CLERK Perret RECziVED i ippROVED i 7a LEGAL DEPARTMENT /per Assurance Concerning Nondiscrimination on the Basis of Handicap in Federally -Assisted Programs and Activities Receiving or Benefitting from Federal Financial Assistance (Department of Transportation) The City of Iowa City, (the "Recipient") AGREES THAT, as a condition to the approval or extension of any Federal financial assistance from the United States Department of Transportation to construct any facility, or to participate in or obtain any benefit from any program administered by the Department, to which the Department's regulation set forth in Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 27 -- "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefitting from Federal Financial Assistance" (the "Regulation") applies, no otherwise qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance administered by the Department of Transportation, including the Urban Mass Transportation Administration, and GIVES ASSURANCE that it will conduct any program or operate any facility so assisted in compliance with all of the requirements imposed by the Regulation, or any directive issued pursuant to that Regulation. I DATE CITY OF IOWA CITY BY: N al Berlin City Manager 11,73 OMB A.o .l No 424-101 , on D>a ,. , , STANDARD FORM 424 PAGE 1 (10-75) PrwwOd bft G3A. rdnel ManeJ+uen{ C(radaJ v y_..'R:':?T. .i:ci -'lam :.,-•_ FEDERAL ASSISTANCE 2. APP"- ` ° 3. "-•- ` NUMBER CANT'E APPLI• APPLICA. TION1. IDENTL OFPE ElPMVPLICATION k DATE L DATE Y. wseIA deft ACTION ❑ APPLICATION CATION Y.v wo.th da 1978 Nov. 1� ►tER AS3ICHED 19 (Marl aft- ® NOFIFICATION OF INTENT (Opt) Enen, Ia ❑ REPORT OF FEDERAL ACTION ul..A 4 LEGAL APPLICANT/RECIPIENT L FEDERAL EMPLOYER IDENTIFICATION NO. a. Appilanl Han : City of Iowa City b.OrPnlatlanUaR I Office of City Manager e. Stmt/P.O, to , Civic Center L PRO, L MINER 121010 15110 L TITLE d. Gy Iowa City e. (,yp : Johnson GRAM 1. Stats Iowa R. zip Gold: 52240 Feel" Urban Mass Transportati L WINK Pnaa (News Keith Friese Cefain•) Capital Improvement c W phats Ne.) 319 351-8556 rants v 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT L TYPE OF APPLICANT/RCCIPIENT C A.Sulb H-CowwveNb Mlw A� 94M=tab F HI[4 Edwatbeal Iowa City Urban Area Mass Transit Assistance Grant atdbUet C-S.bWb J-1"Iu TrMe for purchase of four (4) 41 to 53 passenger lift owem K-Oter (SpNJJp)s D-wny equipped buses, one (1) 12 -passenger bus with lift 1-pCebed 04M 'LT equipment and two fare boxes 0-SP<lal h>rn oquw rear aPMhab bfJn 9. TYPE OF ASSISTANCE A4 we Gred D-IaP.uta e FS.FPIewwtal V [-Dow E.In aP►re. C -L a Indab 4Uer(eJ 10. AREA OF PROJECT IMPACT ttNaw" of calm. onali", Il. ESTIMATED NUM- 1L TYPE OF APPLICATIONlitotal. ata) Iowa City Urban Area and Johnson BER Of PERSONS BENEFITING A_R.a C -A nylw E-A veenfa9w FRaaa.el O-CmUsunitka rniintv 75,025 rete. Gt Prla" Inas 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: IL TYPE OF CHANGE Jr. I" er Ise) •A4,mu,swa Beim F-OUW (Spneug)I a. FEDERAL s 436,448 ,00 •. A7PUFJINT11'. PROIELT In. APPLICANT 55, 352,OO First (Iowa) First (Iowa) DW-Dev�icse Ca f m a STAT[ .W 36 PROJECT START 17. PROJECT E-0eaNadw DATE Year woWA des DURATION Ent" appre- d. LOCAL .D0 1979 9 20 12 No.t" Flin" letter(.) .. OTHER 53,760 .00 li. ES DAT T You, w4 dee 19. EXISTING FEDERAL IDENTIFICATION NUMBER SUBMITTED TO FEDERAL AGENCY IN 1979 9 14 IA+,03-0032 1. TOTAL 1 545,560 ,00 t0. FEDERAL AGENCY TO RECEIVE REQUEST (New, Caa, 344. E/T eaL) 2L REMMIU ADDEO Urban Mass Transit Administration, Washington, D.C. 20590 p Y•• No 22. a. To the but M eD Maeldae ad belief. L11 r.l.IFNI by OW CiralaF MS GI.."IfraH" w •dwlmd. Fanseal le I. N.'. R"pe" tbenla, date In tb4 Ptwpplkatlw/epWlatJw en M b awspli.to dw Lnz w W all mtP M atta bw: 'jeu. d"Ched THE the ed arteR, W docuaNnt W tend 6 r APPLICANT duty e.tbrlxd r by the ji lea bell, M State CERTIFIES the IWInAt 934 the aglia.1 .IN caeplF III Clearinghouse ❑ ❑ TNATP� .ln nN, atUched asssnecw M LU WISP- On Regional C ea inghouse ❑ ❑ aaa la ePpraW, of ❑ ❑ 23, •. TYPED NAME AND TI1LE► f N a DATE SIGNED CERTIFYING REPRE- Neal Berlin, City Manager Year * b• SEINTATIVE 19 20. AGENCY NAME 24 APPLICA• Yev w PIA daft TION RECEIVED 19 26. ORGA111:ATiONAL UNIT 27. ADMINISTRATIVE OFFICE 2L FEDERAL APPLICATION rG IDENTIFICATION 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION r 31. ACTION TAKEN 32. FUNDING Year ea.th daft 34. Yr:r ua.:A daft e. FEDERAL S .00 a. AWARDED 33. ACTION DATE in- 19TA TIN019 b. FOCCTCD b. APPLICAJIT ,CO 35. CCNTACT FOR ADDITIONAL INFORMA 30. rue, weak daft TION (Nene arl III.PAOea umber) ENDING a RM!ihED FOR P. STATE .00 MTF 19 LOCAL .DO 37. REMARKC ADDED ANEMJIIEKTd. p� d. DEFERRED ., OTHER .00 1. TOTAL S .DO d, WITHDRUYK [3 Yen L3NO 30. a. In ULInI above .Rion, enF mramta nalvad I.. dw,lneawnw a wn. b. fTo[RA ADCCCY "S OFFICIAL Idared. If "encT ruponss In due uAde, prcridam of Put I. OUR Cuwle, "S, live-, and b(epAene .o.) FEDERAL AGENCY It tea bete OF In be;.f nada. A-95 ACTION 424-101 , on D>a ,. , , STANDARD FORM 424 PAGE 1 (10-75) PrwwOd bft G3A. rdnel ManeJ+uen{ C(radaJ v y_..'R:':?T. .i:ci -'lam :.,-•_ GENERAL INSTRUCTIONS This is a multi-purpose ...odard form. First, it will be used by appmczints as a required facesheet for pro - applications and applications submitted in accordance with Federal Management Circular 74-7. Second, it will be used by Federal agencies to report to Clearinghouses on major actions taken on applications reviewed by clearinghouses in accordance with OMB Circular A-95. Third, it will be used by Fodaml agencies to notify States of grants-in-aid awarded in accordance with Treasury Circular 1082. Fourth, it may be used, on an optional basis, as a notification of intent from applicants to clearinghouses, as an early Initial notice that Federal assistance is to be applied for (clearinghouse procedures will govern). APPLICANT PROCEDURES FOR SECTION I Applicant will complete all Items In Section I. If an Item la not applicable, write "NA". If additional space is nooded, Insert an asterisk """, and use the remarks section on the beck of the forth. An explanation folkrws for each Item: Item organizational unit which will undertake the assist. Item 1. Mark appropriate box. Pro -application and appllca. tion guidance Is In FMC 74-7 and Fedora[ agency program Instructions. Notification of Intent guid• 5. ante Is In Circular A-95 and procedures from clear. 10. Inghouse. Applicant will not use "Report of Federal 6a. Action" box. 2a. Applicant's own control number, if daalrod. 2b. Date Section I Is prepared. 11. 38. Number assigned by State clearinghouse, or If dela 12. gated by State, by areawlde clearinghouse. All re- 13. 6b. quests to Federal agencies must contain this Identi- fier if the program Is covered by Circular A-95 and 7. required by appllcablo State/oreawlde clearing• house procedures. If in doubt, consult your clear. Inghouse. 3b. Date applicant notified of clearinghouse Identifier. 4a -4h. Legal name of applicant/recipient, name of primary D. Insurance. W explanatory, E. Other. Explain on remarks pale. Govemmerttal unit when significant and meaning- ful Impact could be observed. List only largest unit or units affected, such as State, county, or city. If entire unit affected, list It rather than subunits. Estimated number of persons directly benefiting from project. Use appropriate coda letter. Definitions are: A. New. A submittal for the first time for a new profacL B. Renewal. An extension for an additional funding/ budget period for a project having no projected completion date, but for which Federal support must be renewed each year. C. Revision. A modification to project nature or scope which may result In funding change (in- crease or decrease). D. Continuation. An extension for an additional funding/budget period for a project the agency Initially agreed to fund for a definite number of years. E. Augmentation. A requirement for additional funds for a project previously awarded funds in the same funding/iwdgat period. Project nature and scope unchanged. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of In•klnd contributions will be included. If the action Is a change In dollar amount of an exist• ing grant (a revision or augmentation). Indicate only the amount of the change. For decreases en• close the amount in parentheses. If both basic and supplemental amounts are Included, breakout In remarks. For multiple program funding, use totals and show program broakouts In remarks. Item defi- nitions: 13s, amount requested from Federal Gov- emment: 13b, amount appliant will contribute; 13c, amount from State, if applicant Is not a State; 13d, amount from local government, If applicant Is not o local governmenN 13s, amount from any other sources, explain In remarks. Self explanatory. The district(s) where most of actual work will be accomplished. If city-wide or State-wide, covering several districts, write "city-wide" or "State-wide." Complete only for revisions (Item 12c), or augmen- tations (item 12e). STANDARD FORM 424 PAGE 3 (10-75) organizational unit which will undertake the assist. ance activity, complete address of applicant, and name and telephone number of person who can pro• vide further Information about this request. 5. Employer Identification number of applicant as as- signed by Internal Revenue Service. 6a. Use Catalog of Federal Domestic Assistance num- ber assigned to program under which assistance Is requested. If more then one program (e.g., joint - funding) write "multiple" and explain In remarks. If unknown, cite Public Law or U.S. Code. 13. 6b. Program title from Federal Catalog. Abbreviate If necessary. 7. Brief title and appropriate description of project. For notification of Intent, continue In remarks sec- tion If necessary to convoy proper description. a. Mostly self-explanatory. "City" Includes town, town- ship or other munlcipallty. 9. Check the typa(s) of assistance requested. The definitions of the terms are: A. Basic Grant. An original request for Federal funds. This would not Include any contribution provided under a suppiomental grant. B. Supplemental Grant. A request to Increase a 14a. basic grant in certain cases where the eligible applicant cannot supply the required matching 14b. share of the basic Federal program (e.g., grants awarded by the Appalachian Regional Commis• slon to provide the applicant a matching share). 15. C. Loan. Self explanatory. D. Insurance. W explanatory, E. Other. Explain on remarks pale. Govemmerttal unit when significant and meaning- ful Impact could be observed. List only largest unit or units affected, such as State, county, or city. If entire unit affected, list It rather than subunits. Estimated number of persons directly benefiting from project. Use appropriate coda letter. Definitions are: A. New. A submittal for the first time for a new profacL B. Renewal. An extension for an additional funding/ budget period for a project having no projected completion date, but for which Federal support must be renewed each year. C. Revision. A modification to project nature or scope which may result In funding change (in- crease or decrease). D. Continuation. An extension for an additional funding/budget period for a project the agency Initially agreed to fund for a definite number of years. E. Augmentation. A requirement for additional funds for a project previously awarded funds in the same funding/iwdgat period. Project nature and scope unchanged. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of In•klnd contributions will be included. If the action Is a change In dollar amount of an exist• ing grant (a revision or augmentation). Indicate only the amount of the change. For decreases en• close the amount in parentheses. If both basic and supplemental amounts are Included, breakout In remarks. For multiple program funding, use totals and show program broakouts In remarks. Item defi- nitions: 13s, amount requested from Federal Gov- emment: 13b, amount appliant will contribute; 13c, amount from State, if applicant Is not a State; 13d, amount from local government, If applicant Is not o local governmenN 13s, amount from any other sources, explain In remarks. Self explanatory. The district(s) where most of actual work will be accomplished. If city-wide or State-wide, covering several districts, write "city-wide" or "State-wide." Complete only for revisions (Item 12c), or augmen- tations (item 12e). STANDARD FORM 424 PAGE 3 (10-75) RESOLUTION NO. 79-445 %n / RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPOR- TATION TO PROVIDE TRANSIT ASSISTANCE FOR FY80. WHEREAS, it is in the public interest to provide improved public transit for the citizens of Iowa City, and WHEREAS, the Iowa Department of Transportation will pro- vide capital and operating assistance to the City of Iowa City for the provision of public transit service. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, to authorize the Mayor to sign and the City Clerk to attest an agreement with the Iowa Depart- ment of Transportation to provide transit assistance for FY80. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES x P NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts x Vevera Passed and approved this 11th day of September 1979, A OR Pro tem ATTEST: CITY CLERK �=iv= 'b IPPROVED BY THE LEGAL DEPP.i!TN-;:IT 44 IOWA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT DIVISION JOINT PARTICIPATION AGREEMENT 1.0 General Provisions 9.0 Settlement of Disputes 2.0 Roles and Responsibilities 10_0 Termination or Suspension of the Public Agency of Project 3.0 Roles and Responsibilities of the Department 4.0 No Provisions 5.0 Performance Standards 6.0 Finances 7.0 Reporting Requirements 8.0 Contract Non --Performance 1.0 GENERAL PROVISIONS 1.1 PARTIES TO AGREEMENT 11.0 Renewal, Renegotiation and Modifications 12.0 Hold Harmless 13.0 Assignability and -Subcon- tracting 14.0 Interest and Prohibited Interest 15.0 Additional Agreement Provisions n THIS AGREEMENT, made and entered into this day of 1979 , by and between the IOWA DEPARTMENT OF TRANSPORTATION, an agency of the State of Iowa, hereinafter called the "DEPARTMENT", and the CITY OF IOWA CITY located at 410 E. Wa=h in ton Iowa Cit Iowa 52240 hereinafter Calle the PUBLIC AGENCY". In const eration o 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 outlined in this AGREE14ENT from July 1. 1979 through June 30, 1980 1177 1.3 PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide financial assistance to the PUBLIC AGENCY as appropriated and authorized. by H.F. 7381 FIRST Session of the Sixty -Eighth General Assembly for Operating Assistance as described in the application herein made as a part obis AGREEMENT 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 reimbursement will be provided and the understandings and promises made as to the manner in which the PROJECT will be undertaken and completed. 1.5 DEFINITIONS OF TERMS The following terms when used in this AGREEMENT will have the following meanings: (A) Operating Revenue - All revenue generated by -transport- ing the individual passsenger or by unit of service (i.e., farebox, charter, mileage, or hours of service and service contracts); (B) Non -Operating Revenue - Monies generated by the PROJECT by means not related to passengers transported o3;�, Operating Support (s.e., interest income and advertising income); (C) Operating Expenses - All eligible PROJECT expenses related to operating, maintaining and administering transit operation, as defined by the DEPARTMENT. (D) Operating Support Need - Operating expenses less operating and non-operating revenues. (E) Dperating Support = All monies'received•by the PROJECT not specifically related to transporting individuals or contracting on the basis of units of service, but for the purpose of underwriting the operating --support need. (F) Program Support - Total operating support -less the oper- ating support from sources other than the Iowa Department of Transportation: (G) Line -Item - Specific element or task of this AGREEMENT described in Section 6.2 for which a maximum amount and participation percentage has been established. -2- //71f) (H) Ceiling Amount - Maximum amount assigned to specific tasks or elements of this AGREEMENT, or for this AGREE- MENT as a whole. (I) Participation Percentage - The percentage.which denotes the part or portion of the PROJECT or task which will be funded by any given•funding source. (J) Funding Commitment The maximum amount or maximum parti- cipation percentage any given funding source has committed to through the PUBLIC AGENCY for this AGREEMENT and PROJECT. W Contract Revenue - Operating revenue contracted by unit of service (i.e., trips, passengers, hours or miles). (L) Contract Support - Operating support contracted to the PUBLIC AGENCY. 1.6 AUTHORIZED REPRESENTATIVE The authorized representative of the PUBLIC AGENCY is Robert A. Vevera (i.e., who has -signatory powers). 1.7 PROJECT MANAGER. The project manager for this project on the staff of the" PUBLIC AGENCY is —mH,; ._ MoseJramwho is directly responsible the p - 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, for which financial assistance is being provided by the DEPARTMENT pursuant to this AGREEMENT. 2.2 The PUBLIC AGENCY shall commence to carry out the goals and objectives as described in Section 5.8 and as described as PROJECT REQUIREMENTS in the application. 2.3 The PUBLIC AGENCY shall disclose to funding sources that.may be acquired AGENCY during the PROJECT period. the DEPARTMENT any additional or made available to the // 7 3.0 ROLES AND RESPONSIBILITIES OF THE DEPARTMENT 3.1 The DEPARTMENT will promptly reimburse the PUBLIC AGENCY for all justified and complete billings. However, the DEPARTMENT 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 6011 of the Code of Iowa (1979). 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_transpor _ tation-related costs, revenues, and operating support from all funding sources are recorded so that they may be clearly identified, -easily traced, and substantia�ily documented. 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 allow- able under the provisions of Federal Management Circular 74-4 to which Attachment B- "Standards -for Selected Items for Cost". (B) No cost incurred by the PUBLIC AGENCY or any of its contractors prior to the effective date of this AGREEMENT will be eligible for -reimbursement 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. 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 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 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 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. -5- lie 5.8 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 audit verification of the financial and oper- ating data supporting said items. - 5.81 Statistical Objectives: (A) Annual Ridership = 1,700,000 (B) Annual Ridership__ , 1, 700, 000 1. 82 Operating Expense 933,265 (C) Annual Miles of Operation = 680,000 = 0.73 Operating Expense 933,265 (D) Revenue 406,732 0.44 Operating Expense —93-37-Z-6 5 - 5.82 System Objectives: (A) Increase system ridership by 376 for 4/1/79 through 3/3/80. (B) Restructure the routes through an in-depth analysis and imple- mentation by 2/15/80. (C) Direct a marketing and a promotion campaign to increase rider- ship during off-peak hours starting 7/1/79, using the Iowa DOT Operator's Marketing Manual. (D) Obtain funding approval for transit coaches by submitting a Section 3 and/or Section 18 grant application by l/l/80. -6- //P,)- 5.62 System Objectives (continued) (E) (F) (G) (H) 6.0 FINANCES 6.1 METHOD OF PAYMENT The method of payment by the DEPARTMENT is the reimbursement of expenses up to limits described in this AGREEMENT, as follows: 6.11 For each line --item of this AGREEMENT the DEPARTMENT will, upon receipt of -sufficient documentation and appropriate request, reimburse the PUBLIC AGENCY for the lesser of the following three amountsi (A) Actual line -item amount or program support, as denoted in Section 6.22; (B) Ceiling amount established in this AGREEMENT for the line -item, as denoted in Section6.22; and (C) The amount corresponding to the DEPARTMENT's line -item participation percentage multiplied by the actual -.line -item amount or operating support, as denoted in Section 6.2 . 6.12 The sum of the eligible reimbursement payments for all line -items of this AGREEMENT, as described above, is compared to the -amount corresponding to the DEPARTMENT' "support participation percentage", as denoted in Section 6.23, multiplied by the PROJECT operating support.:- The DEPARTMENT will pay the lesser of the _ two amounts; 1) the sums of the eligible -reimbursement payments for all line -items of this AGREEMENT, and 2) the amount corresponding to the DEPARTMENT's "support participation percentage" multiplied by the PROJECT - operating support. 6.13- .Advance funding is available from the DEPARTMENT for this project -as -follows from H.F. 738 of the 68th General Assembly: "Notwithstanding chapter eight,&_(BI of the code, it is the intent of the general assembly that funds appropriated for public transit purposes to implement a state assistance plan shall be allocated in whole or in part to a public transit system prior to the time actual expenditures are 'incurred if the allocation is -first approved by the State Department of Transportation. A public transit system shall. -make application for advance - allocations to the State Department of Transpor- tation specifically gtating the reasons why an advance allocation is required and this allocation -- shall be included in the total to be audited." Advance funding provisions may be made part of this agreement by amendment, in accordance with Section 11.0 of this AGREEMENT_ 6.2 FINANCIAL'LTMITS 6.21 The estimated total transportation operating support need of the PROJECT is '$_5'2'6', 533.... " , based upon the following analysis: Total operating expenses Less total of all"revenue-- ncluding all contribu- tionsl sm $733,265 $. 406,.73Z 6.22. The DEPARTMENTI�s participation in the PROJECT cost will be limited to the Tollowinq funding criteria: LINE^ITEX ..•. .DEPART ENV S CEILING AMOUNT ' DEPARTMENT'S LINE -ITEM PARTICIRZTION "PERCENTAGE 1Project Support $ 177;932 33.8 2. 3. 4. 6. TOTAL DEPARTMENT CEILING CONTRACT LIMIT $177,932 33,8 G.23 The operating expenses for the PROJECT will be covered by operating funding consisting of the following sources: OPERATING FUNDIW.6 LL SOURCES) PARTICIPATION PERCENTAGE SUPPORT PROJECT A, OPERATING SUPPORT (SOURCES -AMOUNTS) 1. CONTRACT SUPPORT a. IOWA DOT 177,932 33.8 19:0 b. c- d. e. f. . 9- h. 3- 2. NON -CONTRACT SUPPORT , a. City of Iowa Cit $348,601 66.2 37.4 a b. (General Fund)r C. a. e. f. _ 4- h. i. Sub -total $526,533 1008 56.4 . 6.23 CONTINUED OPERATING FUNDING (ALL SOURCES) PARTICIPATION PERCENTAGE B. OPERATING REVENUE CONTRACT REVENUE PROJECT 1. CONTRACT"REVENUE (sources -amounts) " a. b. C. d. e. f. 9- h. i. j. - k. 1. M. n. CHARTER REVENUE 44 Sub -total $ -0- 1008 2. FAREBOX REVENUE Sub -total $ 405,000 1008 43.4• C. NON-OPERATING REVENUE - 1. INTEREST INCOME -$1,732 2. ADVERTISING--, = 3. 4. 5. Sub --total $ 1, 732 100% TOTAL OPERATING FUNDING $_933,265--- 1100 -11- 11F 6.3 PAYMENT OF FUNDS 6.31 In the case of any individual line -item and the total contract amount, if the amount eligible to be paid equals zero dollar, there will be no funding by the DEPARTMENT for any such line -items as.this circumstance applies to line --items, and for the total contract as this circumstance applies to the total contract (refer to Section 6.11 for line -items and Section 6.12 for the total contract).. _ _6_.3.2 If• -there is no "operating support need", there will be .no funding by the DEPARTMENT. No provision for profit or other increment above cost at DEPARTMENT EXPENSE is intended. 6.33 Reiinbursement requests by the PUBLIC AGENCY to the DEPARTMENT shall be made by line -item as outlined in Section 6.22. -Reimbursement requests shall reflect costs incurred toward each t ask. Over- runs in costs of tasks shall not be reimbursed unless a "change of work" request has the approval of the DEPARTMENT prior to the occurrence of the cost overrun. THE DEPARTMENT's total ceiling amount shall not be increased by this provision. 6.34 Any revenue generated by interest payments on PROJECT funds -shall be credited to the PROJECT'as non-operating revenue. 6.4 No'Provisions 6.5 AUDIT AND INSPECTION OF BOOKS, PROPERTY -AND SERVICE 6.51 All accounting practices applied and all records main- tained will be in accordance with generally -accepted accounting principles -and procedures as well as those that may be prescribed by .the DEPARTMENT. 6.52 The PUBLIC -AGENCY shall permit and shall require its contractors to permit the DEPARTMENT's authorized representatives to inspect all work materials,- records, and any other data with regards to the PROJECT and to audit the books, records, and accounts of the PUBLIC AGENCY and its contractors with regards to.the PROJECT -.- 6:53 All records applicable to the PROJECT must be retained and available to the DOT for a period of three (3) years after the close of the PROJECT period. The PUBLIC AGENCY shall provide copies of said records and documents to - the DEPARTMENT upon request. -12- 6.54 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 determined by the DEPARTMENT to be pertinent to ascertain com- pliance. 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 certify to the DEPARTMENT and shall set forth what efforts it has made to obtain the information: 6.55 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 operating statement along with a list of all funding sources and amounts and a quarterly narrative progress report utiliz- ing 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 rCs-alt in the establishment of a penalty or forfeiture clause in the following year's operating 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, narrative and financial operating statement showing .the total expense and revenue of the PROJECT. Failure to do so will be grounds for forfeit- ure of the funding of the remaining portion of the PROJECT by the DEPARTMENT. 7.3 REIMBURSEMENT INFORMATION 7.31 The PUBLIC AGENCY may submit quarterly progressive billings to the DEPARTMENT covering those eligible costs that have been incurred and paid by the PUBLIC AGENCY. -13- %l8% 7.3 REIMBURSEMENT INFORMATION (.continued) 7.32 The PUBLIC AGENCY agrees to submit any necessary data and information as'the DEPARTMENT may require to justify and support said PROJECT costs and payments. 7.33 The"financial operating statement and narrative progress report must accompany all requests for operating assist- ance and be itemized so as to allow the DEPARTMENT to verify that the costs conform to the budget and objec- tives 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 concerning the PROJECT shall be sent to the Public Transit Division, Iowa Department of Transportation,:5268 N.W. 2nd Avenue, Des Moines, Iowa 50313. - 8,0 CONTRACT NON-PERFORMANCE 8.1 In the event of the PUBLIC AGENCY's non-compliance with the provisions of this contract, the DEPARTMENT shall impose such contract -sanctions as it may determine to be appropriate, including,- but not limited to: (A) Withholding of payments to the PUBLIC AGENCY under the contract until the PUBLIC AGENCY complies, and/or (B) Cancellation, termination, or suspension of.the contract, in whole or in part. 8.2 If at any time it is determined by the DEPARTMENT that there is any outstanding right or claim of right in or to the PROJECT -property, the existence of which creates an undue _ risk of interference with the operation of the -PROJECT or the performance of the -covenants -of the -PUBLIC AGENCY herein contained, the PUBLIC AGENCY will acquire, -extinguish or modify said right -or claim -in a manner acceptable to the -- DEPARTMENT. 8.3 The PUBLIC -AGENCY will promptly, upon written notification reimburse the DEPARTMENT for any justifiable audit exceptions. If reimbursement of audit exceptions is not made to the DEPARTMENT within 180 days -of said written notification, the DEPARTMENT may recover such reimbursements from subsequent State Transit Assistance AGREEMENTS at the DEPARTMENT's dis- cretion. -14- `% 9D 9.0 SETTLEMENT OF DISPUTES The DEPARTMENT will, in all cases, decide any and all questions which may arise concerning a question of fact in connection with the items covered by AGREEMENT, or between the parties of this AGREEMENT: 10,0 TERMINATION OR SUSPENSION OF PROJECT 10.1 Termination or Suspension Generally --If the PUBLIC AGENCY abandons or before completion, finally discontinues the PROJECT; or if, by reason of any of the events or reasons, the commencement, prosecution or timely completion, of the PROJECT by the PUBLIC AGENCY is rendered improbable, infeasible, impossible, or illegal, the DEPARTMENT may, by written notice to the PUBLIC AGENCY suspend any or all of its obligations under this AGREEMENT until such time as the event or condition resulting in such.suspension has ceased or been corrected, -'or the DEPARTMENT may terminate any of its obligations under this AGREEMENT. 10.2 Action 'subsequent to notice of termination or suspension upon receipt of any final termination or suspension notice under this Section, the PUBLIC AGENCY shall proceed promptly to carry out the actions required which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, PROJECT activities and contracts and, (2) furnish a statement of the status of the project activities as well as a proposed schedule, plan and budget for terminating or -suspending and closing out PROJECT activities and other undertakings the cost of which are otherwise includable as PROJECT costs.- The closing out shall -be carried out in con- formity -with_ the latest schedule,.plan-and budget within a reasonable time. Reimbursement to the PUBLIC AGENCY in the event of termination shall be for actual costs in accordance with Section 6.0 of this AGREEMENT. 10.3 Other Conditions -- Notwithstanding any other provisions of this AGREEMENT, the DEPARTMENT may elect by notice in writing not to make a -payment to the -PUBLIC AGENCY if any of the follow- ing conditions of termination..or suspension at the discretion of the DEPARTMENT., 10.31 The PUBLIC AGENCY shall -have made -misrepresentation of a material nature in its application, or any sup- plement or amendment, or in or with respect to any document or data furnished. 10,32 There is pending litigation with respect to the per- formance by the PUBLIC AGENCY of any of its duties or obligations which may jeopardize or adversely affect the PROJECT, the AGREEMENT, or payments to the, PROJECT. -15- // %� 10.3 Other Conditions (Continued) 10.33 The PUBLIC AGENCY shall have taken an action pertain- ing to the PROJECT which under the established pro- cedures required the prior approval of the DOT or shall have proceeded to make related expenditures or incur related obligations without having been advised by the DOT that the same are satisfactory. 10.34 There has been any violation of the conflict of interest provisions contained herein. 10.35 The PUBLIC AGENCY -shall be in default under any of the provisions contained herein. 11.0 RENEWAL, RENEGOTIATION, AND P10DIFICATION 11.1 In the event the DEPARTMENT desires to make additions, changes or modifications in the PROJECT, the PUBLIC AGENCY agrees that such changes will be made subject to its approval.' In the event such changes involve substantial additional expense and time, the PUBLIC AGENCY shall advise the DEPARTMENT or its authorized representatives in writing. Such changes shall be made only after the DEPARTMENT gives written authorization to the PUBLIC AGENCY. 11.2 In the event that during the period of work, the PUBLIC AGENCY shall -find it advisable or necessary to change, alter or modify the PROJECT in any way in order to improve the PROJECT in some manner, the DEPARTMENT agrees that'the PUBLIC -AGENCY may make such changes, alterations or modif-icat'ions, provided that the DEPARTMENT or its authorized representative shall be advised.thereof BEFORE such changes are made and shall approve of such changes in writing. 11.3 The DEPARTMENT or PUBLIC AGENCY may, from time to time, request changes in the scope of services and/or the time of performance hereunder by the PUBLIC AGENCY. Such changes including any increase in the amount of compensation of the PUBLIC AGENCY which are mutually agreed upon by and between the bEPARTMENT and the PUBLIC AGENCY shall be incorporated in written'amend- ments to this AGREEMENT. 11.4 During. the course of the PROJECT, it may be necessary to revise the PROJECT budget. No budget revision shall be effective unless the DEPARTMENT shall have approved the same prior to the change and approval thereof to be documented in writing. 11.5 The PUBLIC AGENCY agrees to secure written approval of any changes in any of the objectives prior to initiating or under- taking any such changes. -16- 12,0 HOLD HARMLESS 12.1 RESPONSIBILITY FOR CLAIMS AND LIABILI The PUBLIC AGENCY shall be responsible for all damages to life, body, and property due to the activities of the PUBLIC AGENCY and its agents or employees, in connection - with their services under this AGREEMENT, and agrees to pay cost, charges, expenses, or incurred liabilities to said agents or employees arising hereunder. The PUBLIC AGENCY specifically agrees that its agents or employees shall possess the exaerience,-.knowledge, and character to qualify them individually for the particular duties they perform. Further, it is understood and agreed that the PUBLIC AGENCY shall indemnify and save and hold harmless the DEPARTMENT, its officers, employees, the State of Iowa, and the Federal Government for all claims, suits, actions, damages, and costs, whether real or asserted, arising out of any negligent act or omission, whether real or asserted, on the part of the PUBLIC AGENCY, its officers, agents and employees or sub- contractors which may result from their operations in*con- - vection with the work to be performed. 12-.2 LIABILITY OF THE DEPARTMENT The DEPARTMENT shall not be obligated or liable hereunder to any party other than the PUBLIC AGENCY. 13.0 ASSIGNABILITY AND SUBCONTRACTING 13.1 Subcontracting, assignment, or transfer of all or part of the duties, activities, and responsibilities the PUBLIC AGENCY is obligated to perform by the terms of this AGREEMENT are prohibited except with the prior written approval of the DEPARTMENT. In the event the DEPARTMENT gives such approval, the party or parties to whom such work -is subcontracted, assigned or transferred shall be bound and obligated by the terms and conditions of this AGREEMENT as fully and completely - as the PUBLIC AGENCY. 13.2 The -PUBLIC AGENCY shall -take such action with respect to' any subcontract or procurement -as the -DEPARTMENT may direct as a means of enforcing-such_provisions including sanctions.-_ for non-compliance; provided, however, that in the event -the PUBLIC AGENCY becomes involved in or is threatened with__ litigation with a subcontractor or supplier as a result of such direction,- the PUBLIC AGENCY may request the 'DEPARTMENT to enter into such litigation to protect the interests of the State. -17- // 9-? 14,0 INTEREST AMD PROHIBITED INTEREST 14.1 The PUBLIC AGENCY shall insert in all contracts entered into in connection with the PROJECT or.any property included . _ -in any PROJECT, and -shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the PUBLIC AGENCY or of the locality during'his tenure or for one year thereafter shall have any interest, direct or indirect, this -contract.or the psnceeds-thereof.'— The provisions of this subsection shall not be applicable to any agreement.between the PUBLIC AGENCY and its fiscal -depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Govern- mental agency. — 14.2 Neither the PUBLIC AGENCY nor any of its contractors or their subcontractors shall enter into any contract, sub- contract, or arrangement in connection with the PROJECT or any property included or planned to be included in the PROJECT in which any member, officer, or employee of the PUBLIC AGENCY or the locality during his tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the PUBLIC AGENCY, the PUBLIC AGENCY with the prior approval.of the DEPARTMENT may waive.the -prohibition contained in this subsection; provided, that Any such present member, officer, or employee shall not participate in any action by the PUBLIC AGENCY or the locality relating to such contract, subcontract or arrangement. 14.3 No member or delegate to the Iowa State Legislature or to the Congress of the United States shall be admitted to any share or part of the AGREEMENT or any benefit arising there- from. 15.0 ADDITIONAL AGREEMENT PROVISIONS Some miscellaneous general provisions.not-included elsewhere in the AGREEMENT are as follows: •-• 15.1 ENTIRE AGREEMENT -- This contract, expresses the entire AGREEIIENT between parties and -no represenations, promises or warranties have been made by either of the parties that are not fully expressed herein concerning this PROJECT. -is- 1/FX 15.2 SAVINGS CLAUSE If any provision of this AGREEMENT is held invalid, the remainder of this AGREEMENT shall not be affected thereby if such remainder would then continue to conform to the terms and•req'uirements of applicable law. 15.3 WORDING All words_ used herein in the singular form shall extend to and include the plural. -All words used in the plural form shall extend to and include the singular. All words used in any -gender- shall extend to -•and.- incluAe all genders - 15.4• -- _ 15.9• BONUS AND COMMISSION PROHIBITION By execution of the AGREEMENT, the PUBLIC AGENCY represents 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 financing hereunder. 15.5 SUCCESSORS AND ASSIGNS It is further understood that this AGREEMENT and all contracts entered—into—under the provisions of this AGREEMENT shall be binding upon the DEPARTMENT and PUBLIC AGENCY and their successors and assigns. 15.6 COMPLIANCE WITH LAWS .15__61 The PUBLIC -AGENCY agrees to comply with all Federal, State and local laws, ordinances and resolutions - applicable to the prosecution of the work covered by this AGREEMENT. 15._62 It is specifically understood and agreed by the parties - ...hereto that participation by the DEPARTMENT" in -this PROJECT requires compliance with the rules as defined under the Iowa Administrative Code 820, which are herein incorporated by reference and made part of this AGREEMENT. •15..63- It is understood and -agreed by the parties hereto that participation by the DOT in this PROJECT requires compliance with the rules as defined under the Iowa Administrative Code, -Transportation 820(01,B]2.0(307) subtitled -Procurement. These rules became effec- tive July"16, 1975, as provided under the Admini- strative Procedure Act; Chapter 17A, of the Code of Iowa, 1975, which are herein incorporated by reference and made part of this AGREEMENT. -19- 15.7 COPYRIGHT PROHIBITION No reports, maps or other documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the PUBLIC AGENCY. 15.8 CONTRACT EXECUTION This contract may be simultaneously executed in several counter- parts (in which case there shall be no less than three (3) each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 15.9 EFFECTIVE DATE Notwithstanding any other provisions of this agreement, the PUBLIC AGENCY shall be reimbursed for all expenses incurred and activities performed pursuant to this agreement after July 1, 1979. 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 day of 1979. CITY OF IOWA CITY PUBLIC TRANSIT DIVISION 410 E. Washington IOWA DEPARTMENT OF TRANSPORTATION Iowa City, IA 52240 5268 N.W. Second Avenue Des Moines, IA 50313 Pho (515)281-42��.J��""'v` B ' -s—,.r-�•�By n R gn ln. er o nne Short Mayor Pro Tei+t 911:217P rector iVEIVED 8 LPPROVED BY 11M LEGLL DEPLRTYENT i- 7� ;7 d C 15.7 COPYRIGHT PROHIBITION No reports, maps or other documents produced in whole or in part under this AGREEMENT shall be the subject of an application for copyright by or on behalf of the PUBLIC AGENCY. 15.8 CONTRACT EXECUTI This contract may be simultaneously executed in several counter- parts (in which case there shall be no less than three (3) each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 15.9 EFFECTIVE DATE Notwithstanding any other provisions of this agreement, the PUBLIC AGENCY shall be reimbursed for all expenses incurred and activities performed pursuant to this agreement after July 1, 1979. 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 day of , 1979. CITY OF IOWA CITY 410 E. Washington Iowa City, IA 52240 PUBLIC TRANSIT DIVISION IOWA DEPARTMENT OF TRANSPORTATION 5268 N.W. Second Avenue Des Moines, IA 50313 Phone: (515)281-4265 Mayor P,-, -Tem q�a/79 Joanne Short Director Imeriv :D 8 APPROVE) BY THE LEGAL DEPIRTHENT %-7-7q b a ' BEST APPENDIX 13OCLJMENT . rykVAjLABLE I017A DEPARTMENT OF TRANSPORTATION t Special Attachment To Contracts or Agreements Entered Into 11ith the Department of Transportation of the Slate of Iotija ant conflicts with provisions of the Docum NOTE: 17henever this Special Attachm to -d' it is attached, this Special Attachment shall govern.' TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 NOTIFICATION Tile Department of Transportation of the State of Iowa. in accordance 52) andhthee provision of Title VI of the Civil Rights Act of 19G4 (78 Stat. gra Regulations of the U_S. Department of Transportation (49r��csRthat ait villlaff pi,tsuant to such Act_ hereby notifies all contracting p. out tively insure that this contract 'Jill be implemented.bandica}orh a ional oripin,disc-rirninatz as me grounds of race, religion, sex, age, color. h P• the following six "nondiscrimination Clauses'" specifically se[ out-in CLARIFICATION ion Where the term "contractor" appears in the following six all partieslto[contr: Clauses, the term "contractor" is understood to include all p or +grecmcnts,tirith the Department of Transportation of the State o owa. race 1 of 3' //97 During the performance of and successors in interest 2:5 follous: nondiscrimination Clauses this contract, the contractor (hereinafter referred to as BEST. DOCUMENT AVAILABLE for itself, its assigns the "contractor"), agree :(1)7'Compliance witll Regulations: 'The contractor,%ill comply iii•th thn: Regulations of the U.S_-Department of Transportation relative to nondiscrimination in federally assisted programs of the ll.S_ Departme of Transportation -(Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorpo by reference and made a part of this contract - (2) Nondiscrimination: The contractor, with regard to the work performed =� by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, religion, sex, age, color, h: cap or•nat-Sonal or in the selection and retention of subcontractors. including procurements bf materials and lcases_of equipment_ The -contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21_5 of the Regulations, includi+ employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors Including Procurements of Haterials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a ::subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contracts of the contractors obligations under this contract and the Regulatior relative to nondiscrimination on•the grounds of race, religion, sex, age, color, handicap or national origin. •(4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books„'records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation of the State of Iowa to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is i the exclusive possession of'anotlicr who fails or refuses to furnish_ this information, the contractor 511211 so certify to the Department 'of Transportation of the'State of Iowa and shall set forth what efforts it has made to obtain the information_. (5) Sanctions for Noncompliance_ In the event of the contractor's non- compliance with the nondiscrimination provisions of this contract, the Department of Transportation of the State of Ioua shall impose such contract sanctions as he may detennine to be appropriate, including, b, not limited to, (a) uit'hholding of payments to Lbe contractor under the contract until the contractor complies, and/or Pare 2 -of 3 /, �O (b) •cancellation, termination or suspension of the contract. in whole or in part. (G) Incorporation of Provisions: The contractor will include the provisic of paragraph (1) through (6) in every subcontract, including procureme of materials and leases of equipment. unless exempt by the Regulations order -r -or instructions issurd pursuant thereto. .The contractor will t sucfi action with respect *to any subcontract or procurement as•tlhe Depa 'BEST of Transportation of the State of Iowa may direct as a means of enforc DOCUMENT such provisions including sanctions for noncompliance: Provided, howe AVAILABLE -that, in the event a contractor becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the contractor may request the StaLe to enter into such litigation to protect.the interests of the State. . Pncc 3 of 3 RESOLUTION NO. 79-446 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 deProsse the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse _ X Erdahl _ x Neuhauser x Perret x Roberts X Vevera Passed and approved this 11th day of September, 1979. AYOR pro _ten, ATTEST: CITY CLERK RmNed i Approved By The Legal Deparftmnt /ado AGREEMENT FOR TRANSIT SERVICES THIS AGREEMENT, made and entered into thie2doy of 1979, by and between the City of Iowa City and the City of Univors ty 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 upon the signing of this agreement and shall continue for one year. 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 $11,820.00 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. ITY OF IOWA CITY, IOWAOF UNIVERS HEIGHTS, IOWA B y; Ma or Pro tem Mayor//�� Attest• G1r� Attef (q. City Clerk City Clerk /a o / RESOLUTION NO. 79-447 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT WITH THE JOHNSON COUNTY REGIONAL PLANNING COMMISSION, UNITED WAY, AND JOHNSON COUNTY BOARD OF SUPERVISORS TO PROVIDE HUMAN PLANNING FOR JOHNSON COUNTY. WHEREAS, the City of Iowa City, Johnson County Board of Supervisors, United Way, and Johnson County Regional Planning Commission recognizes the importance of planning to meet human needs and to provide orderly program development to meet the needs of citizens in Johnson County, and WHEREAS, the Commission and United Way is capable of doing research and planning as part of the human services planning for Johnson County, and WHEREAS, an agreement to provide such human needs planning has been negotiated between the parties listed above, NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is authorized to execute and the City Clerk to attest the agreement. It was moved by Neuhauser and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse ATST—alnErdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this llth-day'oj September 1979. -, OR pro few ATTEST: CITY CLERK r-- AGREEMENT This Agreement, made and entered into this day of , 1979, by and between the City of Iowa City, a municipal corporation hereinafter referred to as "City", and the Johnson County Regional Planning Commission, hereinafter referred to as "JCRPC". This Agreement, also, entered into this day of , 1979, between the Johnson County Board of Supervisors, hereinafter referred to as "County", and United Way of Johnson County hereinafter referred to as "UW". "Funding bodies shall mean the City of Iowa City, Johnson County Board of Supervisors, and United Way of Johnson County." NOW, THEREFORE, the parties hereto do mutually agree as follows: I. SCOPE OF SERVICES JCRPC and UW shall jointly provide management and information service, as described in Section A below, to assist the City, County, and United Way in evaluating human resource programs which seek financial support from United Way for FY80 or from the City or County for FY81 and shall disseminate appropriate funding and program information with regard to these human resource programs. UW shall regularly update the Johnson County Services Index, as described in Section B below, and shall publish a revised index on an annual basis. JCRPC shall undertake detailed staff review through the A-95 Review and Comment process of all relevant human service applications for federal financial assistance, as described in Section C below. A. Management and Information Services Management and information services shall be provided jointly by JCRPC and UW to the funding bodies to assist in carrying out the joint funding process for human services. The following services shall be provided: 1. JCRPC and UW shall jointly draft budget and program information forms to be used by all human service agencies applying for financial support from one or more of the funding bodies. An instruction manual shall be prepared to assist agencies in proper completion of the necessary forms. 2. UW shall hold two workshops on proper use and interpretation of the budget and program information forms: one for funding bodies and one for agencies seeking funding support. JCRPC and UW staff will -2 - instruct the agencies regarding proper completion of the forms; funding bodies will require attendance by all agencies applying for funds. JCRPC and UW staff will also instruct the funding bodies in the analysis and utilization of the information provided by the forms. 3. JCRPC shall review and analyze all applications for financial assistance made to funding bodies by human service agencies, shall prepare an evaluation of each application, and shall make recommendations regarding each. The following steps shall be used for this procedure. a. All applications shall be received by JCRPC on or before July 16, 1979, eight (8) weeks prior to the beginning of the joint hearings. b. JCRPC staff shall review the applications for proper completion. If an application is incomplete or improperly completed, staff will return it to the applicant agency with a written explanation of the deficiency on or before July 23, 1979. C. All corrected applications shall be received by JCRPC on or before July 30, 1979, six (6) weeks prior to the beginning of the joint hearings. d. JCRPC staff shall analyze all applications and shall prepare a written evaluation of each. The evaluation shall be one to two pages in length and shall contain the following information: i. Amount requested from United Way for FY80 and from the City and County for FY81. ii. Amounts requested from and funded by United Way for FY78 and FY79; amounts requested from and funded by the City and County for FY79 and FY80. iii. Explanation of increase or decrease in present funding request from previous year's request (e.g., increase due to loss of CETA funding, added staff, increased cost of materials, proposed program expansion; decrease due to discontinuation or reduction of an agency program, availability of new or increased funding from another funding source.) iv. Analysis of proposed program additions or expansions in light of needs identified in Human Service Profiles or other documentation of need. -3- v. Evaluation of agency programs based upon site visits, where applicable. vi. Evaluation of agency cooperation with the human services program (e.g., use of appropriate management techniques, including the establishment of standards and setting of measurable goals and objectives; accurate reporting and use of the budget and program information forms; attendance at the agency budget workshop.) vii. Staff will indentify instances where the staff is personally associated with the agency. viii. Analysis of agency programs in relation to guidelines for funding developed by each funding body. (See section I) 4. ix. Recommendation for funding based upon: (1) past performance and program operation, (b) proposed programs and their relationship to identified needs, (c) the relationship of agency programs and services to guidelines for funding developed by each funding body, (d) attendance at human services programs and compliance with their regulations, (e) promptness and accuracy in completion of budget and program information forms. These summaries shall be attached to each agency's application for financial support. UW shall oversee the distribution of all supportive materials to funding body representatives for use in the joint funding hearings (i.e., completed budget forms, completed program information forms, and evaluations completed by JCRPC staff as in Section I)A)3)d above. UW shall also compile and ready these materials for distribution to funding body representatives no later than one (1) week prior to the particular agency's scheduled hearing. UW shall undertake to set up the schedule of agency hearings and shall notify each agency and funding body representatives of that schedule. JCRPC and UW staff shall attend all hearings to provide additional information regarding agency requests and to clarify, where necessary, information contained in the staff evaluations. Two representatives from each funding body will be designated to attend each hearing. 1,;2,4j- -4- 7. A separate hearing will be held for each applicant agency; joint sessions may be held in addition to the individual hearings in order to provide more complete information regarding services in a particular area and program interactions among agencies (e.g., in the area of youth services). 8. funding body representatives will hold separate sessions following the completion of the agency hearings in order to discuss agency funding applications and allocations. Each funding body will make its allocations at a separate meeting of that funding body. A date will be set for a joint meeting of funding bodies to hear any appeals by agencies regarding the allocations. 9. All forms, policies, and procedures used in the joint hearing process shall be revised by staff, with input from other relevant staff and from policy makers, as it becomes desirable or necessary. The funding bodies shall vote on the adoption of all such changes. B. Johnson County Services Index 1. UW shall maintain the Johnson County Services Index, which catalogs all social agencies and programs in Johnson County. The information in the Index will be maintained on the University of Iowa ATS memory system. 2. UW will notify all subscribers to the Index of major changes (i.e., new/discontinued agencies and programs) on a quarterly basis. 3. Agencies which serve as major information and referral sources will be notified of all updated information quarterly. 4. A complete update of the Index will be made available to all subscribers annually. 5. Those agencies which serve as major information and referral sources and which continually update their own copies of the Index will be used as a major resource for updated information. 6. Subscribers will be charged an annual fee of $2.50 per copy for this service, effective January 1, 1980; new subscribers will be charged an initial fee of $5.00 per copy. The following will be exempt from these fees: Iowa City Public Library, United Way, Baa 6� -5 - Crisis Center, JCRPC, Department of Social Services (Johnson County office), Campus Information Center, law enforcement agencies, City of Iowa City and Johnson County. C. A-95 Review The funding provided to JCRPC in accordance with this contract shall make possible a detailed review of human service agency applications for federal financial assistance through the Commission's A-95 Review process. The review shall consist of the following: 1. In carrying out the review, staff will consider among other things, previous applications and past performance in the case of continuation grants. New programs will be reviewed with consideration given to the needs identified in the JCRPC human service planning process. 2. Special public meetings will be held as needed to provide an opportunity for interested persons to comment on specific applications. The need for such meetings shall be determined by the JCRPC. Notices and supporting information will be sent to agencies whose services might be affected by the proposed program. Press releases regarding the special public meetings will also be issued. 3. Staff will forward all comments made by the public, as appropriate, to JCRPC. II. REPORTING JCRPC shall submit a report each month to the City Manager and City Council summarizing its activity during the proceeding month in performance of this contract. III. DURATION OF AGREEMENT This agreement shall be in effect starting July 1, 1979, and shall terminate on June 30, 1980. IV. COMPENSATION The City of Iowa City shall pay $7,000 to JCRPC upon execution of this contract with the understanding that the funds will be allocated to the salary of a human needs planner who will be employed half-time. CITY OF IOWA CITY, IOWA JOHNSON COUNTY REGIONAL PLANNING COMMISSION ATTEST:-EXE'_f DIRECTOR- CU JOHNSON COUNTY BOARD OF SUPERVISORS UNITED WAY OF JOHNSON COUNTY \�l1��0L.�2Y✓ RECLt' iVI p A 4'PROV6 EY Tay' a 4tyVLEFdR:XEHT RESOLUTION NO. 448 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: Hawkeye Amusement at Kane Depot, 114 Wright St. 19h14k14y12X1NfU2AX141( XXXnXMARX UJDXKXXX2101oXSXX%ll414 o4ax Sinclair Marketing, Inc. at 731 S. Riverside Drive It was moved by ;-;Z:'f and seconded by A'/�::': that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer i deProsse Erdahl :' Neuhauser Perret Roberts " Vevera Passed and approved this 18th day of September 19 79 c Attest: City Clerk Mayr /an9 LIQUOR CONTROL COUNCIL MEMBERS JOAN BALLANTYNE DON BELL BENNETT GORDON GLEN FOBES JAMES MULOUEEN HON. ROBERT D. RAY. GOVERNOR IOWA BEER & LIQUOR CONTROL DEPARTMENT STATE OFFICE BUILDING 3DO FOURTH STREET DES MOINES, IOWA 50319 515 - 281-5101 September 10, 1979 REFUND NOTICE Jirsa-Lovetinsky, Ltd. Moody Blue 1200 South Gilbert Court Iona City. Iowa 52240 ROLLAND A. GALLAGHER DIRECTOR GEORGE M. PRICE DEPUTY DIRECTOR Enclosed is State Warrant # 07909972 ,X9("K)lXXXXX)4XUXXXXXXXXn XXXQIN%XXMXXXXAXX1DVAVjSm)=X916fOQW for the amount of $ 113.75 Local authorities receive 65% of liquor license and Sunday sales permit fees. Some refunds are made on liquor licenses before any amount has been transferred to the local authority. When this occurs, the state makes the total refund. Local authorities cannot refund that portion of the Sunday liquor fees remitted to them. Refunds are made on the quarterly usage basis of yearly cost of a liquor control license or beer permit. One quarter $325.00 Two quarters LIQUOR LICENSE NO. LC -9203 State $113.75 State Three quarters Sta City or County $211.25 City or Co City or County. Please apply to the city of Iowa City for their share of the refund. One quarter Two quarters Three quarters WRA:grn Enc. City Clerk SUNDAY SALES PERMIT NO. State State State City or County City or County City or County Very truly yours, William R. Armstron Supervisor of Permits & Licenses License Division �j RESOLUTION NO. 449 RFSOLUT1ON TO REFUND A PORTION OF CLASS C LIQUOR IICT:NST: FEF: WHEREAS, Jirsa-Lovetinsky, Ltd. dba/ Moody Blue at _ 1200 South Gilbert Court has surrendered Liquor License N LC -9203 to the Iowa State Beer f, liquor Control Department, and has received the State share of 35% of one quarter of the liquor license fee, and, W11FREAS, the above licensee has applied for refund of the City' share of 65$ of one quarter of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOIVA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 211.25 payable to Jirsa-Lovetinsky, Ltd. dba Moody Blue for refund of portion of Liquor License " LC -9203 It was moved by j,r,1-rT and seconded by &, that the Resolution as read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this 18th day of (September , 11199 79. _ Mayor ATTEST: City" Clerk Balmer i deProsse Erdahl Neuhauser i Perret ' Roberts ' Vevera Passed and approved this 18th day of (September , 11199 79. _ Mayor ATTEST: City" Clerk RESOLUTION NO. 79-450 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY80 BUDGET ENDING JUNE 30, 1980. 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., September 25, 1979, to permit any taxpayer to be heard for or against the proposed amendment to the FY1980 Budget ending June 30, 1980. The City Clerk is herbby 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 ( -- 1-6-� and seconded by r that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer ✓ deProsse Erdahl Neuhauser Perret _ Roberts Vevera Passed and approved this 18th day of September 1979. (� 2--, �� 6z - L": ROBERT VEVERAMM R O ATTEST: 141- ABBIE ST LFUS, CITY CLERK RECEIVO & APPROM BY TBE LEGAL DEPARTIENT N RESOLUTION NO. 7q3�5I. RESOLUTION APPROVING COMBINED PRELIMINARY AND FINAL PLATS OF HICKORY RIDGE ESTATES SUBDIVISION. WHEREAS, the owner and proprietor, Charles Scott Froeming and Sandra Lee Froeming, have filed with the Iowa City Clerk a combined preliminary and final plat and subdivision of the following described premises located in Johnson County, Iowa, to --wit: Commencing at the North Quarter Corner of Section 29, Township 80 North, Range 5 West of the 5th Principal Meridian; thence S 00000'00" E, 797.46 feet along an existing fence line; thence S 47°47'23" F., 363.45 feet along an existing fence line; thence S 45°40'21" W, 554.64 feet; thence S 21001'52" E, 563.37 feet to the center- line of the County Road and the Point of Beginning; thence Southwesterly 432.09 feet on a 1432.50 foot radius curve concave Northwesterly along said center- line; thence S 22°13'58" E, 596.22 feet; thence S 89°29'11" E, 50.00 feet; thence S 22°13'513" E, 50.31 feet; thence S 89029'11" E, 720.14 feet; thence N 38°15'09" W, 1019.00 feet to the Point of Beginning. Said tract of land containing 10.05 acres. AND WHEREAS, said property is owned by the above named individuals and the Dedication has been made with their free consent and in accordance with their desire and intent; AND WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements; AND WHEREAS, said plat and subdivision were examined by the Planning and Zoning Commission for Iowa City, Iowa, which Commission recommended n that said plat and subdivision be accepted and approved; T d M AND WHEREAS, the subdivision is located outside of the corporat JUL r 197(J ABBIE STOLFUS, CMC CITY CLERK (3) N la -2 - limits of the City of Iowa City, Iowa, but within a distance of two (2) miles thereof; AND WHEREAS, the owner has executed an agreement with the City of Iowa City, Iowa pertaining to the dedication of certain improvements upon an annexation of the subdivision into the City of Iowa City, Iowa; AND WHEREAS, the Planning n Zoning Commission and the City Council for the City of Iowa City, Iowa, have approved a variance of a reduction of the pavement width requirements set out in Section 32-7(b) of the subdivision regulations of the Iowa City Code permitting the width of the street in this subdivision to be reduced from 28 feet back-to-back of curb to 22 feet back-to-back of curb, since the provision has been made for the storage of more than five (5) automobiles on each lot as provided in Section 3.10.25 of the zoning ordinance for the reason that this subdivision includes a cul-de-sac street being less than 900 feet in length; 11011, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that said combined preliminary and final plats and subdivision known as "HICKORY RIDGE ESTATES" located on the above described real estate be and the same is hereby approved; BE IT FURTHER RESOLVED that the variance in width of the paved roadway as described above is hereby approved pursuant to Section 32-7(d) of the subdivision regulations of the Iowa City Code; BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is -3 - hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY, IOWA Robert Vevera MAYOR ATTEST: aLl Ai=4—L A bie Stolfus, CITY CLERK. [SEAL] The above and foregoing Resolution was introduced by Councilperson pe--rre.r , who moved its adoption. It was seconded by Councilperson V-- After discussion, the following roll call was called: AYE NAE Vevera ✓ Balmer DeProsse d Perret Roberts T Neuhauser EV-d'a1-.1 ,2 whereupon the Mayor declared the Motion duly carried and the Resolution duly adopted this 1,q+j, day of /ypy 1979. Robert Vevera R ATTEST: ��- 1 % 197 Abbie Stolfus, CITY CLERK. beeWed A Appraved AME STOLFUS, CMC By The Lege) Department CITY CLERK (3) Lf�.-r -� [SEAL] F-� la 14 RESOLUTION NO. 7q-44 a RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THF NFT(;HM Henn SITE IMPRDMIIM M - ASPHALT OVERLAY PROGRAM 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 plane, 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 $2,500.00 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 receip 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 2nd day of October , 19,25 Thereafter, the bide will be opened by the City Engineer or hie c3Pa Pe , 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 October , 1979 RLCEIVFD & APFROVFD j IXZA DF,PAJ'TZiXT iD1(7 Page 2 Resolution No. -29-45� It was moved by fbJiaLcs&-r and seconded by %e e,I that the Resolution as rea e a opte , and upon roll ca t are were: AYES: NAYS: ABSENT: ✓ BAIMER ✓ EEPFOSSE ✓ ERDAHL ✓ NEUHAUSER V PEP= ✓ ROBERPS ✓ VEVERA Passed and approved this /,&� day of 1977. ATTEST: 0,///, , CITY CLERK MAYOR lal� RESOLUTION NO. 79_4 3 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF CURB RAMP PROGRAM - 1979 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 coat 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 $3,500.00 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 bide 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 receip 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 2ncl day of October , 19_a. Thereafter, the bide will he opened by the City Engineer�r hic d and thereupon referred to the Council of the City of Yowa City n 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 0,-i7r+wr , 19 79 . REalm- "Fs !"ERrVTT zY aa Page 2 Resolution No. 79--45_�3 It was'moved b r' and seconded b i that Y Y the Resolution as rea e a opte , and upon roll call there were: AYES: y i/ NAYS: ABSENT: u �• 00--V L/ VEVERA Passed and approved this day of )c-,hh=lh19 MAYOR ATTEST: 0jjCe-;, 2z4xL CITY CLERIC /a19 .RESOLUTION N0, q- 5 RESOLUTION APPROVING THE 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 developed a plan for the conservation, rehabilitation and redevelopment of the Lower Ralston Creek Neighborhood; 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. 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 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 ,j r, 11 1 and seconded by C-R,. R that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer ✓ deProsse Erdahl ✓ Neuhauser Perrot ✓ Roberts Vevera Passed and approved this jri. day of 5,z�,i. iti,`, i 1979. 7, /e,,"-'fes._-� Mayor cv, 2� ATTEST: , City Cler IT/t„v^• �✓+GAI: DL i' L:2'. ttlT, /'vpz. r,, ie - RESOLUTION NO. 7% yLSs 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 refer- ence made a part hereof, and, WHEREAS the City Council deems it in the public interest to enter into said 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 from September 1, 1979 through June 30, 1980, said rental property to provide covered, heated storage for equipment from the City Street 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 �.YYOSs� and seconded by a x the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer ✓ deProsse ✓ Erdahl I/ Neuhauser v Perret Roberts ✓ Vevera Passed and approved thislg�_k day of To offf ,2v- , 191-2. Oz, M YOR RECEIVED d 4iATTEST:BY Tn LffiAL D114RTiWT CITY CLERK 14 rj'/ 6 / 7 y l�a�, IbwA STATE RAR Assaciwtv0N FOR. THE LEGAL EFFECT or THE use O/alal Form No. 30 mae••r.,a ensu ,w " m..r amrl OF THIS FORM, CONSULT YOUR LAWYER y+• vel °�. LEASE -BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this f fit day of� 19_:7,g_, by and between Johnson County Agricultural Aose i ti nn 'hereinafter celled the "Landlord") whose address for the purpose of this lease is 251 Federal Bldg.. P.O. Sox 226 Iowa. (Street and Number) (City) City, Iowa 52240 and (state) (Zip Coda) lli tom,nY TCity 'hereinafter called the "rennEW1 when address for the purpose of this lease Is 410 E. Washington 3t .. Iowa City Iowa 52240 (Street and Number) (CIM) WITNESSETH THAT: (State) (Zip Code) 1. 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 bpt and performed, loess unto the Tenant and Tenant hereby rents and Items from Land- lord, according to the forma and provisions heroin, the fatlewtag described MI estate, situated in Johnson 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. �in.qlu�d�° the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a term of 1 n mon h yearep,-aammenclag of mid- night of the day previous to the first day of the loam form, which shall be me No 1St day of 8eotember 19 79 and Cad at midnight on the last day of the loess isrm, which shall be on Re 30th day of June 119-1.0 upon the condition that the Tenant pays rent therefor, and otherwise performs as in this loam provided. 2. Rental to be paid for 10 month period in two payments: January, 1980 - $1,750 June, 1980 - $1,750 2. RENTAL Tenant agrees to pay to Landlord as rental for said fere, as followss S 350.00 per meati, In advance, fie trill, rot payment becoming dw open Strike (a) the ovoc atbn of this loan: or one 311111Xt XXXXXXXXXXXXX2=N1X XJ= and the some amount, per month. In advance, on the day of each month them ilNr, during the form of this low. In addition to the above monthly rental Tenant shall also pay: for all utilities used by the Tenant All rums 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 t % 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 loam farm, scop+ as herein otherwise expressly provided. Should Landlord be ow able to give passessioo am sold date, Tneentrs only damages shat be a rebating of the pro rata rental. 4. USE OP PREMISEL Tenant covenants and @gross during the term of this lase to use and to occupy the leased promises only for For restriclions on such use, an paragraphs 6 (e), 6 (d) and I I (b) below. S. QUIET ENJOYMENT. Landlord covenants that its estate in mid premises is and that the Tenant an paying the rent herein reserved and performing all the a9momente by the Tenant to be performed as provided in this loam, shall and may peaceably have, hold and anicy the demised promises for fie terra of this loam free from molestation, eviction or disturbance by the Landlord or any other persons or ,*gal entity whatsoever. (But soa paragraph 14, below.) Landlord, shall have the right to mortgage all of Its right, title, interest in mid promises at any time without notice, subject to this lease. 6. CARE AND MAINTENANCE OP pREMlsn. (a) Tenant takes sold promises fa %air present condition except for such repairs and alterations as may be expressly herein provided $LCLIV1J) b iPrROVED BY LW" DDPASTIMT 9�q 8.1964 e°ii: = M= � w � rr ear r a, r.wra Is, r a♦)G�i lel s.AMULVAU-a Dal i Vr 6AnC AMU MAIN I nMANGC. Landlord will keep the root, structural part of the ricer, wens and other aTMC. fural parts of the building in good repair. (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 premises, 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 ifs own interior and exterior decorating. Tenant will not permit or allow said promises 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 sewer, 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 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 freeetog of pipes, N and only If the other forme of this lease fix responsibility for bootleg 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 for the plate glass In the windows of the leased promises and for maintaining the parking area, driveways and sidewalks on and abutting fie leased premises. N file leased premises Include fhe grennd floor, and M the other terms of this louse Include premises so described. Tenant shall make no structural alterations or Improvements without the written approval of the Landlord first had and obtained, of fhe 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 Ordf- 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 fie tonne of this lease is leasing premises on the ground floor, it will not allow trash of any kind to accumulate on geld premises in the halls, if any, or the alley or yard in front, side or rear thereof, and it will remove same from the Dramises at its own exoense. SE709St1akMdaDNiXdolFdaKM669(xdd7ir�IWL76tiifNBifNdFelCi6'87i1G7E4fiFdGQ 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 fele 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 of (Landlord or Tenant) the expense of (Landlord or Tenant) (c) JANITOR SERVICE shall be furnished at the expense of neither (Landlord or Tenant) (d) HEATING shell be furnished at the expanse of Landlord with Tenant responsible only for ( Landlord or Tena of ) natural gas expense of heating. B. (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 or *me wyyq; and togr�d depreciation arising from lapse of time, or damage without fault or liability of Tenant. jl--- oma NXIL'QL(K�LE'e8m'�'.l l Jee,pif L1'/ (b) Tenant may, at the expiration of the farm of this lease, or renewal or renewals thereof or at A reasonable time so.14sene/Sf 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 form 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 fhe Landlord, make the natal for the balance of the louse 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 LerfK�r� s rights of appeal) against said real property shell be timely paid by the parties in The following proportions: by Landlord �iU_%; by Tenant aa. (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 shell be paid by Landlord 100 a/o; by Tenant %a. (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. (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 SURANCE. (a) Landlord and Tenant will each keep its respective property interests in the premises -yd -r' e , Ir'6 yi i�ard thereto, an onel property on the premises, reasonably insured against hazards end casualties; th rfl a and those items usually cov- ered by extended cove e.ynd Tenant will procure end deliver to the Landlord a certiffcatfo a respective insurance companies to that effect. Such insurance shaTf'b da payable to the parties hereto es their infer y appear, except that the Tenant's share of such insurance proceeds are hereby Assigned an a payable to the Landlord to a ren, or other obligations than due and owing Landlord by Tenant. (See also I I (e) below] jb) Tenant will not do or omit the doing of any act whi viliale Any insurance, or increase the insurance rates in force upon the ,CAI esfnfn improvmm�nfs on the premises or upon any nAI proper fhe Tenant upon which the Landlord by law or by the terms of this lease, has or shell have a lien. jr) Subrogation rights are not t waived unless a special provision Is a d to fhls lease. (d) Tenant further agrees 1 ply with recommendations n( Iowa Insurance Service Bureau and to Isle for and to promptly pay, as if current ren}al, any increase ' insurance rates on said premises And on the building of which said premises are rt, due to increased risks or hez�r-is resulting fr Chant's use of the premises otherwise than as herein contemplated and agreed. (e) INS CE PROCEEDS. Landlord shell settle and adjust any claim against any insurance company under its sai p ' 'sof insurance r the premises, and said insurance monies shell be paid to and held by the Landlord to be used in payment for cost of repairs rest ion of damaged building, if the destruction is only partial. [See also I I (a), above] (2) I INDEMNITY AND LIABILITY INSURANCE. Except as In nny negligence of Iho I. nndlord, arising out of roof and sl,. I parts off tiding, Tenant will protect, indemnify and save harmless Iho I nndlord from and ngainsi any and all loss, cash ago and rr ponsn•. ucrnsimi or ari,inq out nf, gay accident ur nthnr occurrence causing or inflicting injury and/or dam o any Iwnon or I,n,pnrly, hn ppuning ar in, upon or about }ho loosed promises, or dun diroctly or indintOly to the tonanc or occupancy thereof, or any part thereof by the Tanen any person claiming through or under the Tenant. The To"'Int-114s1r covenants and agrees that it will at its own expense procure an intain casualty and liability insurance in a respo company or companies authorised to do business in the State of Iowa, in amounts n s than $100,000 for any one person injured, and $500,000 for any ante acct a ith }ha limits of 525,000 for prop- erty damage, protecting The Landlord against such claim eget, r expenses on account of injury to any parson or persons, or to any property belonging to any person or perso reason of such casua 'dent or other happening on or about the demised premises during the term thereof. Ce as or copies of said policies, naming the Landlor , a viding for fifteen (7 5) days' not' o the Landlord before cancellation shall be delivered to the Landlord within date of the beginning of the Term of this lease. As to insurance of the Landlord for roof and 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 loose 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, shrikes, 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 timoly effort to obtain necessary permits and to repair end/or rebuild so that Tenant is not able to conduct its business on ihesn 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 fhe 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 shell be effected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender possession within fen (10) days after such notice issues, and each party shall be released from all future obligations hereunder. Tenant paying rental pro rate only to the data of such destruction. In the event of such termination of ibis 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 demised 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, 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 loose 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 shell 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 romedied within such grace period. (See paragraph 22, below.) As an additional optional procedure or as on 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 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 6y death, and such bankruptcy, judicial sale or transfer has not been vecafed or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, than and in any such events, Landlord may, of 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-renfing by the Landlord upon the Tenant's default shall be construed only as an effort to mifi- 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. ;ng 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 promises 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 whc may furnish any material, service or labor for any building, improvements, alteration, repairs or any pert thereof, shall at any time be or become entitled to any lien thereon, and for the further security of the Landlord, the Tenant eovenanls 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 proceed at law or in equity with any remedy provided by law or by this lease for the recover/ 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 form 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 shell, 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 premitas. (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. Copyright sera M The mwa Spite ev nsuct.venk r A.1 right. ..-ad. No tart n n .1 01, farm y be .Vraaua d By Y,v an , without a.rmInmn, In writing, Irani The Iowa Stab ear A.s«iauen. o 21. RIGHTS CUhWLATHVE. The various rights, powers, options, elections and remedies of either party. provided in this lease, shell be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, 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 remedy 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 Is this laua shall be given to the respective parties hereto of the resp"Hsra 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 bo considered given under the forms 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 United States mail box. 23. PROVISIONS TO RIND AND EENElIT SUCCESSORS, ASSIGNS, ETC. Each and wary covenant and agreement heroin ese- tained shall extend to and be binding upon the respective successor, heirs, administrators, executors and assigns of the parties hereto; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving ioint tenant. 24. CHANGES TO BE IN WRITING. None of the covenants, provisions, forms 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 Iraae contains Ne 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 there, unless said spouse is also a co-owner of an in}eresf 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. feminine or neuter gender according to the context. 27. Landlord agrees to assume liability for any and all loss, costs, dam- age, and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or prop- erty, happening or done, in, upon, or about the leased premises, except that Landlord shall have no liability for any loss, costs, damages or expenses to Tenant or its 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 lease in uMDLORs9 SPOUSE - - - LANDLORD (see paragraph 25) TENANrs srousR LSaa paragraph 1116)] INDIVIDUAL _ ,� +• STATE OFwalividosal c� geese SS, COUNTY OF Robert A. Vevera Mayor TENANT w.,...se On this day of 19_, before me, the undersigned, a Notary Public in and for said County and . amus 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 same as their voluntary act and deed. (SEAL( .................. Notary Public in and for said County and State CORPORATION. STATE OF IOWA 1 COUNTY OF Johnson ISS. On this day of A. D. 19 , before me, the undorsigned a Notary Public in and for said County and State, personally appeared Robert A. Vevera and Abbie $tOlfus to me personally known, who being by me duly sworn, did say that they are the Mayor ',:W City Clerk end respectively, of aid corporation execu}inq The • ,within and foregoing instrument, that Ino seal hes been procured by tie said corporation: that said instrument was signed land sealed) on dxwew (the seal affixed thereto is the seal of seid� or°MN" Robert Vevera ee se behalf of said corporation by authority of its Board of Directors: and {sof the said end Ahhi a StO1 as such officers acknowledged the execution of said instrument to be the voluntary act and doed of said corporaHcn by it and by them voluntarily executed. (SEAL) .�..�_._ _.__.._. Notary Public in and for said County and State FIDUCIARY STATE OF COUNTY OF SS. 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 Stets PARTNER STATE OF COUNTY OFUSS. On this day of J A. D. 19_. before me, the undsrsignnd, n Notary Public in and for said County and Stab personally appeared and to me personally known, who, being by me duly sworn, did say that he is (they ere) memberls) of the Partnership executing the within and foregoing Instrument and acknowledged that (he) (they) executed the am as the voluntary act end deed of aid co-partnsr(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 Council Member NieI- introduced the following Resolution entitled 'RENON DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member It_(�;r,�c seconded the motion to adopt. The roll was called and the vote was, AYES: kACLITO� Pell o11 (R>6 0 Y- �ez IIHPV� CVN �vASCP� CYc1aNI NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 79-456 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: Cedar Hills Construction $ 9,012.72 -2- AMLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DES MOINES. 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 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. 02 TO Cedar Hills Construction —3— DATE AMOUNT 09/01/79 $9,012.72 AHLERS. COONEY. DORWEILER. HAYNIE &SMITH. LAWYERS. DES MOINES. IOWA PASSED AND APPROVED, thisday of �e���a ire✓ , 19—. Mayor ATTEST: Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEO MOINES. IOWA No. 02 UNITED STATES OF AMERICA STATE OF IOWA CITY OF* IOWA CITY 1979 BDI SECOND ADDITION IMPROVEMENTS $ 9,012.72 CONSTRUCTION WARRANT This instrument is evidence that the City of Iowa City, Iowa, hereby promises to pay to Cedar Hills Constructiobf Oxford, Iowa its successors or assigns, the sum o 9,012.72 wit 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 September 1 , 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 instrument to be executed by Clerk, with the seal of said of �cr�F 19]2, (SEAL) ATTEST: Jerk City of Iowa City has caused this its Mayor, and attested by its City affixed as of the I ;,"T day CITY OF IOWA CITY, IOWA Mayor This instrument presented and not paid for want of funds this ST- day of SFI'�INCf�,, , 19"l`i . I \ FINANCE DIRECS R AMLUH• COON[Y, DO9WLILEM. HAYN I IT • SMITH, L.AWYEll \, D[\ MOIN G, IOW A iaa(0 2ESOLUTION NO. 'q - 4A q RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING POSITIONS WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of four full time bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. 2. The addition of two part time (30 hours) bus driver positions in the Transit Division in Range 4 of the Classified Pay Plan. It was moved by Cie Ay0SSC? f and seconded by nee) LU) that the Resolution be adopted, and upon roll call there were:^ AYES: NAYS: ABSENT: ✓ Balmer y deProsse ✓ Erdahl ✓ Neuhauser Perret 1/ Roberts kl� Vevera Passed and approved this_JjZ±L _day of �pn�p, 6 v✓ 1979. Mayor ATTEST: City Clerk gg,Cg;� & DFPRCVF?'_ r, -- RESOLUTION NO. —SSS RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of one part time (30 hours) Maintenance Worker II position in the Transit Division in Range 4 of the Classified Pray Plan. It was moved by �(VOSSe and seconded by NoJLauspw that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ Balmer Roberts _ _tl� Vevera FF� Passed and approved this ��� day of�eotoo,�e✓ 1979. ayor ATTEST: City Clerk )aag RECEIVED t 1prRovn ET T LEGA.. DEPAItTi= 8k7%9 deProsse Erdahl Neuhauser Perret Roberts _ _tl� Vevera FF� Passed and approved this ��� day of�eotoo,�e✓ 1979. ayor ATTEST: City Clerk )aag RECEIVED t 1prRovn ET T LEGA.. DEPAItTi= 8k7%9 City of Iowa Citi MEMORANDUM Date: August 17, 1979 To: June Higdon, Personnel Specialist From: Hugh Mose, Transit Manager Re: New Transit Maintenance Worker Position June, this memo will confirm our conversation of Tuesday, August 7, at which time we discussed the need for reorganizing our Maintenance Worker - Transit positions. We currently have an Evening Service Crew consisting of three persons: one full-time MW II and two part -tine MW I's. This staff is responsible for the day-to-day servicing (washing and cleaning) of 20 buses, plus maintaining the bus barn office and garage in a clean and orderly fashion. At the present time they are hopelessly overworked. Therefore, it is requested that we be allowed to hire an additional part-time MW II. Without going into great detail, this additional position is needed for the following reasons: 1. During the summer months a three-person crew can keep up with the work reasonably well. However, during winter weather two part-time and one full-time employees cannot begin to cope with the overwhelming workload. This past winter the crew regularly worked well past their normal quitting time; the full-time MW II averaged practically 50 hours per week, and the part-time employees worked very close to 40 hours. Even with these extended hours there was a large amount of work that never got done. 2. Because the Evening Service Crew was so hopelessly overworked, we hired two temporary employees ostensibly for the duration of the winter. However, because so much work was deferred during the winter months, we have been playing catch-up ever since, and so we still have a temporary employee working with us. Because wewi11 soon be into the winter season again, it appears that we yig fieee oaht least one temporary employee on board continually 3. Having a crew consisting of only three individuals in itself generates all sorts of problems. For instance, because we are a six-day operation, and each employee is only scheduled to work five, three days of the week we only have two persons scheduled to work. Should one of the scheduled persons call in sick, or be on vacation, then we only have one service person, and this is simply inadequate. When this happens, we are forced to draft a driver to do clean-up work, and this practice is both unpopular and expensive. Because we have such a turnover in the jaa9 2 Transit Division, there is a certain percentage of the time that one of the Maintenance Worker positions is vacant. This only exacerbates the problem of understaffing and our inability to get the work done. 4. Because of rapidly increasing public demand for transit service, in another week we will expand our system to put more buses on the street. More buses on the street during the day means more buses to be cleaned at the bus barn at night. Over the past two and a half years our ridership has increased by almost 35%; the number of drivers has increased from 35 to 46; our Evening Service Crew has not expanded at all - in fact we are currently working fewer manhours than we were in 1977. Another factor that must not be overlooked is our continuing acquisition of bus shelters. These structures will require a certain amount of periodic maintenance which will certainly fall to the Transit Division. Without an increase in staff we will simply be unable to provide upkeep for these shelters. 5. Operating buses in the evening has thrust our MW II position into some responsibilities that were not envisioned when the position was created, namely overseeing the operation of six buses out on the street until 10:00 PM. At such times that the MW II is on his meal break, or his day off, or on vacation, the responsibility for the overall operation rests with a MW I, often to a person ill-equipped to deal with any emergency situation. It would be highly desirable to have a second MW II on board, so that when our Evening Service -Group leader is off duty, there is still a trained individual available to take responsibility should the need arise. June, the bottom line is that we need another MW II position. For the reasons listed above it is imperative that we acquire some additional manpower, someone who can fill 1n for our MW II when he is not working, and someone who can assist with the continually increasing workload. I think this need can best be filled with the hiring of an additional part-time Maintenance Worker II. I have attached a position request form. If you should need additional information, please contact me as soon as possible. Otherwise, take whatever steps are needed to expedite this matter. bj5/6-7 9.3el) R1.___UTION NO. 7 q- q :�F 9 RESOLUTION ACCEPTING PRELIMINARY PLAT' MCBRIDE ADDITICN, PARPS 3 AND 4 BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for McBride Addition, Parts 3 and 4, 5-7919 be granted with the following conditions: none It was moved by SWi 1x60 and seconded by {,//2f -k, that the resolution as read be adopted and upon roll call there were: ui tail Passed and approved this _ day of rXej 197Y. MAYOR ATTEST: 41 CITY CLERK Received & Approved By The legal Department -7 r Zkti' /-.)-1l ALO Fd e. RESOLUTION NAMING DONALD KAUL AN HONORARY MEMBER OF THE PLANNING AND ZONING COMMISSION OF IOWA CITY, IOWA. RESOLUTION NO. 7q -4(o WHEREAS, the City of Iowa City has undertaken a major redevelopment project spanning the greater part of two decades; WHEREAS, progress has been unclearly defined and often stagnant; and WHEREAS, 0. T. Coffee has kept the public informed throughout the various stages from Yokohoma Flats, through the cow pens, girls basketball, and the leaning parking ramp, to the present stage of development; and WHEREAS, Donald Kaul has conscientiously and vigilantly cast aspersions upon the muddied waters keeping the public advised of not only the planning and construction, but of the sensitivity and responsiveness of the elected officials and downtown merchants as they worked together toward reconstruction culminating in this celebration today; NOW, THEREFORE, it is befitting on this joyous occasion that the City of Iowa City, Iowa, pay tribute to its adopted son by appointing Donald Kau], aka 0. T. Coffee, an honorary member of the Iowa City Planning and Zoning Commission, without voting privileges. It was moved by 77a,_�a and seconded by there ere: that the resolution as rea a adopted, and upon roll — AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this '2j ^ day of AeA22 end , 1979. / 7 ATTEST: CITY CLERK nl • 1 rl ;, yip f b 1 /• , • - , I1.77 RESOLUTION NO. -7q-46j RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION WHEREAS, The City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of one full time Technical Assistant position in lieu of a part time Technical Assistant position in the Department of Planning and Program Development Administration unit in Range 7 of the Classified Pay Plan. It was moved by &o a ) and seconded by �2&-e)- that the res 9 ution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer deProsse Erdahl Neuhauser Perret X Roberts _. Vevera Passed and approved this a,�r/kday of ) 1979. ATTEST: CITY CLERK i IG •dl �/�2�f,C� MAYOR 11'OL'IVM 11PPROVED EY TEE LEGAL DEPARTMENT I'Q 33 (4i4a_�41 RESOLUTION NO. 79-4(,� A RESOLUTION FOR THE ESTABLISHMENT OF A MULTI-PURPOSE SENIOR CENTER FUND FOR THE MANAGEMENT OF GIFTS AND MEMORIALS TO THE MULTI-PURPOSE SENIOR CENTER. WHEREAS, the City Council of Iowa City deems it in the public interest to promote the development of a Multi -Purpose Senior Center; and WHEREAS, the City Council duly authorized the Senior Center Commission to promote and protect the interests of senior citizens in the community; and WHEREAS, the City Council wishes to establish a fund to receive private donations and memorials from citizens of Iowa City, Johnson County and other persons, said funds to be used to develop the Multi -Purpose Senior Center, programs and services; and WHEREAS, the City Council deems it in the public interest to authorize the Senior Center Commission to manage and direct said fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, IOWA CITY, IOWA: 1. That there is hereby established in the City of Iowa City, a "MULTI- PURPOSE SENIOR CENTER FUND." 2. That said fund shall be used to develop the Multi -Purpose Senior Center, programs and services. 3. That the SENIOR CENTER COMMISSION" is hereby authorized to manage the "Multi -Purpose Senior Center Fund," and to receive and administer gifts and bequests made to the Senior Center including conditional gifts and bequests, as provided by Iowa law. 4. That a majority of the Commission shall approve an expenditure; and further, funds may be spent as necessary by the Commission for expenses directly related to the securing of contributions to the Fund. 5. That the Finance Department of the City of Iowa City is hereby authorized to establish the Fund herein and shall receive any monies deposited to the said Fund, shall keep an accounting of the same; and shall invest the monies in the Fund as the Finance Department deems appropriate. 6. The City Council shall approve all projects, programs and purposes of expenditures prior to the expenditure of the funds by the Commission if such expenditure will require the City to obligate any City funds for such purposes , projects and programs at any time. 7. That the "Multi -Purpose Senior Center Fund" shall stand dissolved in the event of a decision to discontinue the Senior Center, or a c Resolution No. Page 2 decision is made to replace or abolish the Senior Center Commission. All monies in the Fund first will be used to help clear any remaining liabilities. The City Council may then obligate any remaining monies for such purposes it deems will appropriately serve the best interests of Senior Citizens. It was moved byand seconded by that the resolution as r adr ad b�, and upon roll call there were: AYES: NAYS: ABSENT: _fX Balmer —) deProsse :A Erdahl _' Neuhauser A Perret X Roberts X Vevera Passed and approved this ;�iA- day of 1979. ATTEST: (2 ��q �7� � &,., - CITY CLERK MAYOR RY('FIIry^ & LYF?i�TJPll FYI a LZ(,Ai .'J1'nI-'rVZNT 4 4� RESOLUTION NO. 7 _q_6 -j RESOLUTION ACCEPTING THE WORK WHEREAS, the Engineering Department has recommended that the im- provement covering the G(-rvjre Rnj1ding Modular Rmf Repair Project, Phase 2 as included in a contract between the City of Iowa City and D. C. Taylor Carman of Cedar Raoi c. Tcma dated June 13, 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 ) and seconded by as de) that the resolution as read e adopted, and upon roll call sere were: AYES: NAYS: ABSENT: AATMRR L/ 575—MMS5. ERDAHL NEUHAUSER ,/ PEP= / RDBEKPS �i VEVERA LI/ Passed and approved this day of �Nla yor ATTEST: , � ,,� City Clerk Received & Approved By T e Legal Department ` S (7- Zd- la 3(0 RESOLUTION NO. 7q-qje RESOLUTION ACCEPTING SANITARY SEWER VILLAGE GREEN PART 10 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, Sanitary sewer for Village Green, Part 10, as constructed by Weber Brothers Construction Co., Mechanicsville, Ia. AMID WHEREAS, Maintenance Bonds for Weber Bros. Const. Co. are on file in the City Clerk's office, NOW 'ISlER MME 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 > and seconded by ett JL2 icac2J that the Resolution as r tombe accepted, and upon roll cal e were: AYES: NAYS: ABSENT: Balmer t/ deProsse Erdahl Neuhauser Perret Roberts Vevera ,/ Passed and approved this 25th day of September , 1979 Mayor City Clerk Received $ Approved By The Legal Department CITY OF CIVIC CENTER- 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.18030 ENGINEER'S REPORT September 17, 1979 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 the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer for Village Green, Part 10, as constructed by Weeber Brothers Construction Company of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eu(ne A. Dietz, P.E. City Engineer bdw1/1 1;)3g RESOLUTION NO. 79-465 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: T. I. Investments, Inc. dba Godfather's Pizza, 531 Highway 1 West Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The Cit yy Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer .deProsse Erdahl Neuhauser Perret Roberts Vevera and seconded by c��,2✓ as read be adopted, and upon roll call Passed and approved this Attest:�� City Clerk AYES: NAYS: ABSENT: y ✓ 2nd day of October , 19 79 . A fil. Mayor ia39 RESOLUTION NO. 79-466 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Dale E. Watt dba Watt's Food Market, 1603 Muscatine Avenue Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Q�X and seconded by f that the Resolution as read be adopted, and upon rol call there were: Passed and approved this 2nd day of October �K,�2 MaYor Attest: City Clerk , 19 79 /-? -YO AYES: NAYS: ABSENT: Balmer deProsse i Erdahl. Neuhauser Perret Roberts Vevera Passed and approved this 2nd day of October �K,�2 MaYor Attest: City Clerk , 19 79 /-? -YO RESOLUTION NO. 79-467 RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, Kenneth R. O'Donnell dha/ Lamplighter II ;it _ 1310 Highland Ct, has surrendered Liquor License B LC -11818 to the Iowa State Beer r, Liquor Control Department, and has received the State share of 3S% of two quarters of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 6S% of two quarters of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 422.50 , payable to Kenneth R. O'Donnell for refund of portion of Liquor License s LC -11818 It was moved by _ Pd4_Q.e and seconded by6 6 that the Resolution ;is read he adopted, and upon roll call there were: AYES: NAYS: ABSENT: / Balmer deProsse Erdahl ✓ Neuhauser ✓ Ferret i Roberts ✓ Vevera Passed and approved this vnl day of ATTEST: City Clerk October , 19 79, Mayor 137,/ �.. � Y dor RESOLUTION NO. 79- 1 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLICT= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve�Tor the following named person or persons at the following described location: Baum & Rice, Ltd. dba Jay & Al's Club Car Lounge, 122 Wright Street ..� Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department, It was moved by i, and seconded by EL4�, that the Resolution aa rea a adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer / deProsae Erdahl 1= Neuhauser Perret Roberts Vevera Passed and approved this hd day of 197_. e&/'I Mayor Attest: "' .` City Clerk i a �Zlz-, RESOLUTION NO. 79-469 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: Sinclair Marketing, Highway 1 North, R. R. 2 It was moved by I and seconded by 0 that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer / deProsse Erdahl Neuhauser / Perret / Roberts Vevera r� Passed and approved this 2nd day of October 19 79 Mayor Attest: City Clerk ) ;n /a ''/3 RESOLUTION NO. 79-470 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Quik Trip Corporation dba Quik Trip 11503, 123 West Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by /,Z,2,) "P and seconded by F�.���� that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: r/ / Passed and approved this 2nd day of October, , 19 79 Mayor Attest: City Clerk /a 0 �z RESOLUTION N0. 79-471 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF NEiGHBORHQQD SITE IMPROVEMENTS - SIDEWALK_EPAIR PROJECT_ DIRECPING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND UIItECT- 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 9thday of October , 19_Z9 , 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. ]. 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 %;+q LeP and seconded by that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this r�nd_ day of S&I'elo 197_. /,/ /J Mayor ATTEST �_�// f! City C1eFk RElFI7Fu� b 4Fr`Rr;Q]p Fx 'I LMIL D.L-AI^.IeiT 443 RESOLUTION NO. 79-472 RESOLUTION APPROVING RRKKXMXNARX AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR COURT HILL -SCOTT BOULEVARD, PART VII WHEREAS, the owner, Plum Grove Acres, Inc. , has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Corumencing at the Southeast corner of Section 12, Township 79 North, Range 6 West of the Fifth Principal Meridian; Thence N00 degrees, 02'19"E, 1673.37 feet along the centerline of Scott Boulevard; :hence S 89 degrees 16'23"W, 50.00 feet to the Point of Beginning; Thence S 89degrees 16'23"W, 320.00 feet along the Northerly line of Court Hill -Scott Boulevard :Addition, Part VI, Iowa City, Iowa; Thence N56 degrees 53'56"W, 109.42 feet along said Northerly line of Part VI; Thence N 43degrees 45'00"W, 332.00 feet along said Northerly line of Part VI to the Southeasterly corner of Lot 279 Oakwoods Addition Part 6, Iowa City, Iowa; Thence NO1 degrees 17'50"E, 361.17 feet along the Easterly line of said Part 6 to the Northeast corner of Lot 274 of said Part 6; Thence S89 degrees 56'07"E, 123.60 feet along the Southerly line of Lot 243 of said Part 6 to a point on the Westerly Right -of -Way line of Oberlin Street; Thence N77 degrees 51'23"E, 51.05 feet to the Southwest Corner of Lot 242 of said Part 6; Thence S89 degrees 27'17"E, 130.00 feet along the Southerly line of said Lot 242 to the Southeast cor er of said Lot 242; Thence N00 degrees 30'17" W, 21.60 feet along the East line of said Part 6; Thence S89 degrees 57'41"E, 202.44 feet; Thence S45 degrees 21'42`E, 109.19 feet; Thence S89 degrees 57'41"E 50.00 feet; Thence SOO degrees 02119"w 610.66 feet to the point of beginning. Said tract of land containing 8.78 acres. 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 residential development and have approved the same; and, WHEREAS, the said large scale 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. I WHEREAS, said large scale residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. /';z 5zl� Resolution No. 79-472 Page 2 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 residential development. 2. That the said large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale 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 a,tkl day of 192 It was moved by and seconded by that the Resolution as read e adopted, and upon ro ca t ere were: AYES: NAYS: ABSENT: —L ATTEST: & CITY CLERK BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MAYOR Recelved & AApppprroved Byy PP-;tL-galhP-%rrn,en /,-,)-/7 RESOLUTION ,79-473 .qA EREAS, the owner and proprietor, PLUM GROVE ACMES, INC. has filed with the City Clerk the plat and subdivision of the following described property located in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of Section 12, Township 79 North, ,range 6 West of the r'ifth Principal Heridian; Thence NOO degrees, 02'19"E, 1673.37 feet along the centerline of Scott Boulevard; Thence S 39 degrees 16123"V], 50.00 feet to the Point of 3eginning; Thence S 89dogrees 16'23"W,320.00 feet along the Northerly line of Court Hill - Scott Boulevard Addition, Part VI, Iowa City, Iowa; Thence N56 degrees 53'56"W, 109.42 feet along said Northerly line of Part VI; Thence N 43degrees 45'00"W, 332.00 feet along said Northerly line of mart VI to the Southeasterly corner of Lot 279 Oakwoods Addition Part 6, Iowa City, Iowa; Thence NO1 degrees 17150"E, 361.17 feet along the Easterly line of said Part 6 to the northeast corner of Lot 274 of said Part 6; Thence S89 degrees 56'07"E, 123.60 feet along the Southerly line of Lot 243 of said Part 6 to a point on the Westerly night -of -Way line of Oberlin Street; Thence 477 degrees 51123"E, 51.05 feet to the Southwest Corner of Lot 242 of said Part 6; Thence S89 degrees 27'17"E, 130.00 feet along the Southerly line of said Lot 242 to the Southeast corner of said Lot 242; Thence N00 degrees 30'17" W, 21.60 feet along the East line of said Part 6; :Whence S89 degrees 57141"E, 202.44 feet; Thence S45 degrees 21'42"E, 109.19 feet; Thence S09 degrees 57141"I: 50.00 feet; Thence S00•degrees 02'19"W 610.66 feet to the point of beginning. Said tract of land containing 8.78 acres. MIEREAS, said property is owned by the above named corporation and the dedication has been made with the free consent and in accordance with the desire of the proprietor. OHEP,EAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was 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. BE IT FURTIiER 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. 13ALMER Aye Nay dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Aye V/ Aye v Aye Aye ✓ Ave ✓ Aye / Nay Nay Nay Nay Nay Absent Absent Absent Absent Absent Absent Nay Absent /_7 Z/9 Passed and approved this ,x,4, day of ? �� 1979. WYyor ATTEST City Clerk t Xx i��E•Cf,I�♦�. terra,,._. „4jG ,IyJ'Ci-W r •� � RESOLUTION NO. 79-474 RESOLUTION APPROVING AMENDED FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR SOUTHWAY PARK WHEREAS, the owner, Iow w e has filed with the City Clerk of Iowa ty, owa, an app cat on or approval for a large scale non-residential development for the following described premised located in Iowa City, Johnson County, Iowa, to -wit: Lot 3, Auditors Plat Number 32, Johnson County, Iowa. As recorded in Book 16, Page 79 in the Johnson County Recorder's Office, Iowa City, Iowa. Said Lot 3 containing 5.89 acres. (Southway Park, Merlin Hamm) WHEREAS, said property is owned by the above-named party and dedications 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. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. RECEIM 3 3YPROM BY THF LEGAL DEPARTUM �a56 -- __ Resolution No. 79-474 Page 2 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 .'� day of , 191. It was moved by p,,, o^ and seconded by that the Resolution as read e adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MAYOR ATTEST: L CITY CLERK is �5_ / RESOLUTION NO. 79-475 —moo L lCPcnJd- / RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH JOHNSON COUNTY AND A BETTER CAB COMPANY TO PROVIDE SUBSIDIZED CAB SERVICE. WHEREAS, the City of Iowa City has provided transportation to the elderly and handicapped residents of Iowa City through the SEATS program and WHEREAS, some transportation needs of the elderly may more efficiently be served by taxi service, and WHEREAS, it is in the public interest for the City of Iowa City to assist its residents in meeting these needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Johnson County and A Better Cab Company to provide subsidized cab service for its elderly and handicapped residents. It was moved by " y.a- and seconded b the Resolution be adopted, and upon roll call there w r AYES: NAYS: ABSENT: _ Balmer B0u�ls.� deProsse —_ Erdahl �,- OCT -„ , � 3: 47 Neuhauser Qai'4- ✓ Perret tC�r.Luu Roberts JOHNSON Cu.. I' Vevera Passed and approved this MAYOR ATTEST: CITY CLERK CORPORATE SEAL i?I1CP;lYFU BY M LEGAL BIVJ i P4-: P 205 l od/-�— AGREEMENT This agreement is made and entered into on the _� day of , 1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City", Johnson County, and A Better Cab Company. I. SCOPE OF SERVICES A Better Cab Co. would provide transportation for handicapped and elderly residents of Iowa City. II. GENERAL TERMS 1. The home origin 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 Better 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 206 a'" -2 - automobile or public transit. The spouses accompanying eligible persons will also be eligible to obtain rides. 4. At present, SEATS service operates approximately 64 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, enployment, 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. Q: :N III. COMPENSATION 1. Each eligible participant shall pay A Better Cab Co. Y $0.50 for each trip and the City shall subsidize the ai r.. remaining cost of the trip. The determination of the total trip cost shall be based on the current fare structure of taxi companies -- $1.45 for the first mile and $.50 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 origin '_•- and destination of each trip shall be provided by the taxi 40 company. Copies of these records shall also be delivered to the Johnson County SEATS administrator for verification. 2 ;;::} 3. Funding of $300 per month shall be allocated by the City for this project. Of this amount, no more than $25.00 per month shall be paid to Johnson County for the services of the dispatcher; the remainder shall be used exclusively for fare subsidies pursuant to this agreement. 4. None of these funds shall be allocated for advertising or public relations. IV. INDEMNIFICATION A Better 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 A Better Cab Co. shall not assign, sublet or transfer its interest in this agreement without the written consent of the I City and such assignment shall be void. VI. DISCRIMINATION A Better 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. -4 - VII. AFFIRMATIVE ACTION 1. A Better Cab Co. agrees to implement an affirmative action program during the period of this Agreement which shall be monitored and approved by Ms. 2ukrowski, Civil Rights Specialist of Iowa City. 2. A Better Cab Co. shall maintain written qualifications which are job related for each job classification. 3. A Better 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. A Better Cab Co. will advertise in the Iowa City Press - Citizen and the Daily Iowan 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 A Better Cab Co. is an "Equal Opportunity Employer." VIII. DURATION This program shall be in effect from October 1, 1979 to June 30, 1980. Upon agreement of the parties, the terms of this program may be extended an additional thirty (30) days, pending negotiations for renewal. However, this agreement may be terminated upon 10 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. -5- X. This agreement represents the entire agreement between the City of Iowa City, Johnson County and A Better Cab Co. for the provision of subsidized cab service. It may be amended only by written instrument signed by all parties. A BETTER CAB COMPANY By: President ATTEST:.-�-/,: N0TA,�39,a.L cc%EA4 CITY OF IOWA CITY, IOWA JOHNSON CO NT`Y, IOWA By: Chaff erson Board of Supervisor ATTEST: C On ty7-Aulditor CORPORATE SEAL, by ' r� y ; •_ .. _ ►. . 476 RESOLUTION 79- nous • [eurtn p.. M.,.re. P is Form 653-C (Revhed 1077) - AMENDMENT OF CURRENT CITY BUDGET -NOTICE Iowa City - -...in Johnson --------- _----------.County, Tha-Council of the City of ........................... . PM (name(s) of county or counties) Io'' will meet at .. -Council Chambers, Civic Centel 7:30 ... en---------------Septernber 25,------------ a '� . _ 19 --- 79..., _• (place of meeting) (hour) (date) 1 T r'the pufpose of amending the current budget of the city for the fiscal year ending June 30, 198.0...., by ".' chan ing,estimates of revenue and expenditure appropriations in the following funds and programs and for the following reasons: gee Attached Reason: ------- ----------- ---- ----- --------------------- - -- ---- ----- ------------------ PROGRAM TOTALS FROM 14 TO: 15 --- ­-------------- Reason:. --- Community Protection FUND. ............ ............... .... ...... ............................. . As Certified or Amount of Last Amended on Change Amended To: FUND ......... ...... .......... .................................. .... As Certified or Amount of Last Amended on Change Amend 1. Total Beginning Cash Balance 2. Non -Property Tax Income 3. State -Shared Revenue 4. Property Tax Asking 5. Total Resources 6. Less, I-Vorking Balance (Reserve) 7. Net Resources for Expenditures 8. Total Requirements 9. Community Protection 10. Human Development 11. Home & Community Environment 12. Policy and Administration 13. Total Expenditures Reason: ------- ----------- ---- ----- --------------------- - -- ---- ----- ------------------ PROGRAM TOTALS FROM 14 TO: 15 --- ­-------------- Reason:. --- Community Protection Human Development I1:ome & Community Environment Policy and Administration There will be no increase in tax levies to be paid in the current fiscal year named above. Any increase i expenditures set out above will be met from the increased non -property tax revenues and cash balances ne budgeted or considered in this current budget. This will provide for a balanced budget. S/- C,C�I�`f ---- ------- Cit Clerk Note: Explain the source of any additional monies and the reason for the need to increase or decrease appropriation If amendment includes change in appropriation for more than two funds, use additional fund boxes for inforrm tion required within the bold lines. Instructions: Publish only the specific funds amended. The above form of notice may be one column wide an may include one or more funds. It must be published not less than four (4) days nor more than twenty (20 days before the hearing, provided that, in cities of less than 200 population and in such cities only, such notic may be posted in three public places. After the public heating the council shall adopt by resolutions the amens ment as finally determined which action shall be made a matter of record. For detailed information, see Chapte 384, division II, Code of Iowa. Certification of Publication I hereby certify thatthe above notice was published jigosted in three publia plao y tis-entahliFhecl�ly-ert4intttlee)-its.-u�-t�.1 �.7/�!n/dJ"(%t�H-%.------on - - a '-- -............... 1979. ( ame of newspaper) ^f f Clty erk --77 �01 .J•ss 04'► CITY BUDGET AMENDMENT AND CERTIFICATIRESOLZON To the Auditor of..._._.._.-... Johnson County, Iowa, and to the State Comptroller: The Council of the City of. Iowa..Ci-ty- in said county (counties) met on September 25, 19 79, at the lace and hour set in the notice, a co ----------- P PY of which accom- panies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was con- sidered 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 consideration to the proposed amendment (a) to the budget and modifications proposed at the hearing, if any*. Thereupon, the following resolution was introduced: on October 2, 1979. RESOLUTION NO. .%i'!f7�...- (P� ,, fRFJ{Q,,IJ.T A�N�y�(XXXXXXX XXXXXXXXXXTHE CURRENT XXXXXFOR THE X�XXX� FISCAL YEAR ENDING JUNE 30, 1980 , Be It Resolved by the Council of the City of .. - - .Lowa - City Iowa: Section 1. Following notice published September 20 ..._ 19 79, and the public hearing held Ass' Section 19 79, the current budget (as previously amended) is amended as .. set out herein. r Reason:. PROGRAM TOTALS FROM 14 TO: 15 Reason Community Protection FUND...... .......... ..... _.. _ _.._ ..__..._..._. _ FUND..._ ... ...... _._..... ... ........ ............ _.- ..... -.._............ As Certified or Amount of As Certified or Amount of Last Amended on Change Amended To: Last Amended on Change Amended To: 1. Total Beginning Cash Balance I Policy I Administration and 2. Non -Property Tax Income 9. State -Shared Revenue 4. Property Tax Asking SEE ITACHED 5. Total Resources s. Less, Working Balance (Reserve) 7. Net Resources for Expenditures a. Total Requirements a. Community Protection 10. Human Development 11. Home & Community Environment 12. Policy and Administration 18. Total Expenditures r Reason:. PROGRAM TOTALS FROM 14 TO: 15 Reason Community Protection Human Development Home & Community Environment I Policy I Administration and Passed this __ 2nd.... day of......... Or_tober...._. 19.79 S/ Mayor Attest: Vote (list by names) : Ayes-Vevera, Balmer, DeProsse, Erdahl, Neutiauser, Ferret, Ruberts ......... - -- Nays:.--_..... - -' City Cler - � , I hereby certify the above transactions to be a true copy of the proceedings of the city council and the resolu- tions passed in the above matter. ---------� ........ _._ '19- S/ --- l. .--CkU'--- City Cler *Anoversll increase in th get or a major change in the proposed ..—isfers between programs overall will require • =w notice and hear: AMENDMENT OF CURRENT CITY BUDGET 1 N O T 1 C It 1JYtiA IT`I In .... 1 AJ.O Nu County, The Council of the C tar of X110 E U,IDslTE �rr� T• 30 4-0) .i rty e. uunika $ep`!,, ptr A5 _ 1919. , Iowa.will meet Al �1IV IG C��D'[E(L .. _. !t (e1.er r1 n.Og) Iburl I _. IYuI 80, by fm the pu,l.at of .mending the current budget of the lily for 41,e flecd year endh,g June 30. 19 of revenue and emmnditu,. Approtrlatlo,u In Fhe following fund! bed pegnre and (W rh.ndnf estimate. the following raronc Cc OE&T JE Ru10E ruwD CAPITAL f�7 20JECTS "No SPEciAl REVEVuF NXD (jG,VE MGWelple Ar.nl RAL ... _. _ NND Mc rYrMy A.awH1 .f A. T. Glance A. C.rWbd or W Amundoer AM., V.I AneNNr Clwne. A..NN T: WA.Kdr A...,a Mnn A.rard T: W A,.rdN- Chrn A,rM.d T.: WAa,rwd.lr 32 9 _ a 31 4g�571 117 54 141 58 55 7 d Tnul_gr'u•n . t;a@% "Unce 0 BO 41 317 I ob 3 316 4135 3 03 - o o ,831 L, 57 94 0 0' 1 3363 735 i, 54G, o0 577. Ss_1 I, 86155 Xw. rr...rtj Tulles= 7q 169 70 51 G4 I 55 3 - 554 S87 Pre"',T.�Al.rl----- I.]_�Y! 69 100 — o 851 - 95d BS 501 4L3 3,991,94y1 la.`i3d� dt5, 144,556 3. f1o,13 17641 4 7481 gnat lley.rew 1D,31B,�6q d}7,653 to 0091 7 ,�8 - 370159 337 ISS d131B, i5y 7,559 1,450.69 HS'J `:r 36 Ob.9 ,,.,."Al., g.l.y.(Rare...) 1 914 ! 91�Lb151d 30,651 1,347 56 c.r, q, 135 r 361 Sol ,bo9,ol6 X17, WP �_,� to, 513, 694 13 1701.14E 7;3, G13L_ -4.7154 1W -M,- o I $ �'rl Xr...rt.. Ir C fe.YNry 3190336. 3,315,363 454 13 _ 4s94i3 5 9`!0 3 w6,c69 lo, 36y57 9 84J ill yifo110 d, Y13 A,93 159 ,bw». c..wnnu� c..ln,,..x 2�W_9 394 53 7 4 97 19 5 1507 1,609016, Bf, 165 4 I4 .6-1 48S 7 !N3 1 I 4011,813 I•.IIre.Y Adnlnktnllr n -If aIG,513 197, oP�9.q 13514 6347501 361^�50_"_"L6oL06 IOf 573, 694 13, 12oi16G 3.673, 86831d54i 955,1oq rn.l M1y+.lu.r.. —..__ --- SPECIAL ASIS SSMEl1T� rDXo TRUSTA.f AfiE UCni IUND EAJrFRPRISE M CerIXWr tar UO yUh, ama Aa10Ny Amount-1A.reaNT Anww4d T: WA,wrwMr Chrgr A. CrrO rd w, A. w.1 .f IAN Anr.d".n Chen A-.dNT- WAw.INr canntd CNnn - 117 551 d 1964 144, 593 7.1. brei ax_ g.b„ee --- 3, US, ?� I, %o, 411 4595, 644 - - 4,86739 dO loo - do 0e 106,628 to WB X.n..ra.n/T..I.!!.,_. 4.867 393 - _ _ 5_96,321 Newly 9'11.512 x1,964 - _ 849 -- 8, Io5,_sz�._ 1, 360, 4�1 q�939 0100 ' 10 T,.I Xen.,r.. ..... Xwz'rk... l■�...e, .401-831 130 469 d 991318 - oo`� 20560 4Pr 4 _— 1 44 9 - 877.513 8 7 517 47 631 0 06 _ ...x.....=..pr L59 D7 - 536 318- i 1 a - �� 055 - 6oq 055 r.,nn.an l•,a.nLp_ ---- -- ,l q 61 - q4 6y7 '(�k10+41.1_ 3 5go y,334, 161 d0 I 5oe 4D�b� t,. 311 o..._Ac...."v n.l,.n.rt_ - 145, 4 3 45 4Ji rdkL.wa a!— - __--_ 5,831,693 - 41,14 4.467.631 201100 ,500 01640 711 512. - 81 511 -- T. 1r.. lt.rr t—,r..nWil� TOTAL/ II yh.lylbw- Mwb.,nrnt �Enrlrrnm _ Abn,wktntbw l I y T yn11? �.��en 011 V(ei Ileaeon: ..lo_. ppee [ 1 �T IJI�(111 L1 C!1 r- 1C.. rXDDX IN 2,11f. 351 19r9a3,729 4.3511943 uneneumbeyed.. cash holla9lees and unan�+c�P�fed rgON ,o: I, `4637,5gG „ 5�I73,9A4 5 307, 344 90 697, 044 4,93$777 �� P}S There will be no h,crlue In tax levies to be paid in the current find year named abeve. Any inert!- In from the lecraned non-properly tax -venues and ca.h balances na oulwndilurn -t out al.we will be mel budl.•h.l .n ry nnidrmd In thin current budget. Thin will r.,I& f1,.. babne budget. S, Qe4,e'_ ' ut/ _ t Cit/ CI b RESOLUTION NO. 79-477 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF ALLEY IMPROVEMENT PROJECT - Blk. 28 & 29 O.T. WHEREAS, Metro Pavers of Iowa City 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 of Iowa City in the amount of $23,808.41. , 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 byand seconded byi /iy��aioJ that the Resolution as read be adopted, and upon roll call there were? - AYES: NAYS: V y ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved thin 2nd day of October , 19 79 MAYOR ATTEST: CITY CLERI Received & Approved By The Legal Departm-nt �a S RESOLUTION NO. 79-478 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CURB RAMP PROGRAM - 1979 WHEREAS, Streb Construction 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 Streb Construction of Iowa City. Iowa, in the amount of 148-423-60 , 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: PERRET RDBERTS VEVERA Passed and approved this 2nd day of October , 19 79 YOR ATTEST CITY CLERK Received & Approved By The Legal Deparfm�nt DEPROSSE ERD AHL NEUHAUSER PERRET RDBERTS VEVERA Passed and approved this 2nd day of October , 19 79 YOR ATTEST CITY CLERK Received & Approved By The Legal Deparfm�nt /o:oo A.M. Or-m8E4. Z,1979 NAME OF BIDDER r - nn CERTIFIED CHECK (C.C)or- BID BoNo(g.e, s3 �� g ✓ 3 $ TEM QUANTITY DESCRIPTION UNIT EXTENDED AMOINTPR,AMOUNT UNIT EXTENDED UNIT PR, EXTENDED AMOUNT UNIT PR. EXTENDED AmniFNT UNIT PR- EXTF.NOED AMOUNT i �. 183 /83 CURBZAMP P?C,C. C, D. a 0 J fi(os 9 Sao, 195 Z. 9 D0U SCUP k4MP oZ% 02. 7SyysF. StoVWA C.C. 15 e — I Ifl 1-V3. / 6 51 /5, lid . Z7r zt x,& I TOTAL BID RESOLUTION N0. 79-479 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD SITE IMPROVEMENTS - ASPHALT OVERLAY WHEREAS, L. L. Pellinq 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 L. L. Pellinq Company of Iowa City, Iowa, in the amount of $28,738.95 , 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 �/ /�»c1�/ and seconded by that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ BALMER ✓ DEPROSSE ERDAHL NEUHAUSER PERRET ✓ ROBERTS VEVERA Passed and approved this 2nd day of OctohPr 19 12 MAYOR l ATTEST: �J CITY CLERK Received & Approved By The Legal Department RESOLUTION N04 79-480, RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION AND DELETING A POSITION WHEREAS, The City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 budget included in Resolu- tion No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of one full-time Sergeant position in the Police Department, 2. The deletion of one full-time Police Officer position in the Police Department. I It was moved by -_L : 4 (. and seconded by (3CLQirn.Fi�J that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ✓ Balmer deProsse _ v Erdahl ✓ Neuhauser _ v Perret ✓ Roberts v Vevera Passed and approved this,2?jtL day of ��LJ 1979. MAYOR ATTEST&4- CITY CLERK RFCEI9F�� b AFPRO'JED PY 2EL LMAL DEPBHTYEHT ia:�z RESOLUTION NO. 79-481 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 1979 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 P,^9 ielJ and seconded by that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer v deProsse Erdahl Neuhauser Perret Roberts ✓ Vevera Passed and approved this 3 cea'day of j�Q�%r��/1979. ATTEST: %� ar.,2J MAYOR CITY CLERK V RECF.I7Y� S 6F :?'"f➢ AY SRR IXGAL Li:I AR.7. NT JOINT r\-_2E2C BETWEEN IWA CITY LIMRMw WARD OF TRUSTEES AND CITY COWCIL OF IOVA CITY To COORDIIQAI'E NEGOTIATING PROCEDURES FOR PURPOSES OF COI _E=VE BARCAININIG. _ .. An agreement mr de and entered into this xj day of 1979, by and between the City Council of Ia�a City, Iowa, an }z poarc7 of Trustees of the Iowa City Public Library, Iowa City, Iowa. wf{R'AS, the Public F]rploynent Relations Board has recognized that Lihrary Boards are the errployers of Library erployees within the meaning of Chapter 20 of the 1971 Code of Iowa, and MEREAS, this same Chapter 20 permits cooperation and coordination of bar- gaining between two or more bargaining units, and WHEREAS, coordination would be beneficial to both bodies gives the Iowa City Council's financial responsibilities and the Iona City Library Board's administrative responsibilities for library service in Iowa City, and htiERFAS, procedures are necessary to make this 000rdination effective. 1. Both bodies will bargain in coordination with the duly appointed representatives of their respective enployee organiza- tions. 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 negotiat: 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 Hoard of Trustees will be notified of all executive sessions of the City Council of Iowa City called for the purpose of discussing contract negotiations. S. Subsequent to any negotiated contract the Library Director will be represented on any grievance ccmnittee formed as a condition of that contract. i 6. This agreerrest shall cover the period from date of adoption thru the period of any contract covering library enployees which may be negotiated for the period beginning July 1, 1980. - IDfNT, Iowa y of Library Trustees Da —lo 4 Date' u RESOLUTION NO. 79-482 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIh OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved byd,Dmo and seconded by that the Resolution as read be adopted, and upon roll all there were: AYES: NAYS: Balmer y deProsse v Erdahl Neuhauser V, Perret Roberts v Vevera ABSENT: Passed and approved this qday of/pjf��, 19fly . Attest: _ City Cle k Mayor RESOLUTION NO. 79-483 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that•a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Inland Transport Co. dba Kirkwood 76, 300 Kirkwood Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by and seconded by %IOL%O/�d� ' that the Resolution as read �b`e—adopted, and upon ro`1y call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret ✓ Roberts Vevera ✓ Passed and approved this day of OzzWpA , 19_�_, Mayor 7 Attest: City Clerk iaLG RESOLUTION NO. 79-484 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF STnFWA1K RFPATR PRf1GRAM,r NEIGHBORHOOD SITE IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIRING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plana, 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 $6,500.00 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 bide 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 Tn:nn A_M_ on the 23rd day of October 19_D Thereafter, the bids will be opened by the, and thereupon referred to the Council of ths City of Iowa Ci y, 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 23rd day of October , 19—Z2_• Received & Approved By The Legal Department /Q-� /tea 7 Page 2 Resolution No. 79-494 It was moved by Roberts and seconded by Perret that the Resolution as rea eta o� pte3, and upon roll ca t ere were: AYES: NAYS: ABSENT: x_ Balmer R deProsse % Erdahl % Neuhauser X Perret % Roberts % Vevera Passed and approved this 941 day of /jJ�f,/,o„) , 19 P9. �a- MAY OR ATTEST: CITE. CLERK RESOLUTION NO. 79-485 RESOLUTION ACCEPTING STORM SEWER AND PAVING VILLAGE GREEN SOUTH PART 2 WHEREAS, the Engineering Departrnent has certified that the following bcprovenents have been completed in accordance with plans and specifications of the City of Iowa City, Storm sewer work done by Knowling Bros. Construction Co. of Iowa City, Iowa, in Village Green South Part 2. Paving work done by Metro Pavers Inc., of Iowa City, Iowa, in Village Green South Part 2. Metro Pavers and AND WHEREAS, Maintenance Bonds for Knowling Bros. are on file in the City Clerk's Office, NOW FORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvcanents be accepted by the City of Iowa City. It was moved by merand seconded by d e P r o s s e that the Resolution as read be accepted, and upon roll call there were: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this AYES: NAYS: ABSENT: Ki 9th day of October , 19 79 . Mayor ATTEST: d1L City C erk Received & Apprev,�d By The Legal Department I, - PUB_. IMPROVEMENT MAINTENANCL BOND FOR THF 61AINTENANCE OF �irinflf C�u CIS C 5 UfiC4C �rC$Cltt4: That Metro Pavers, Inc. of Iowa City, Iowa as Principal, and the Merchants Mutual Bonding Company of Des Moines, Iowa and firmly bound unto the City of .Iowa City, Iowa #386,944 as Surety, are held , in the penal sum of ONE HUNDRED THREE THOUSAND SEVEN HUNDRED SIXTY NINE AND 88/100--------------------- ------------------------------------------------------ ($ 103,769.88---i DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 18th day of September A.D. 19 79. Whereas, the said Principal entered into a certain contract, dated the 18th day of September , 19 79, with the Village Green South, , to furnish all the material and labor necessary for the construction of Inc. approximately'8382.99 square yards of 7" PCC pavement, approximately 5153 lineal feet of 6" curb, 7-R83 intakes, 1-R85 intake in Village Green Part II, Iowa City, Iowa in the Ci ty of Iowa Ci ty , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of 'five (5) years from the date of -acceptance of the work under said contract; and Whereas, the said Merchants Mutual Bonding Company of Des Moines, Iowa for a valuable consideration, has agreed to join with Said Principal in such bond or guarantee, indemnifying said City of Iowa City its aforesaid; Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of five (5) years from the date of acceptance of' the work under said con- tract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. METRO PAVERS, INC. •-------------------------- Principal Approved --------------------------,19---- B By ------- ME CHANTS MUTUAL BONDING COMPANY ------------------------ - Surety City Solicitor. By �=- -- - - - -------- t orney-in-Fa x.2642 MERCHAI..S MUTUAL BONDII., COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All hien By These Presents, that the mi wiik%i� sitri t m. ausnrvo coxa•+sy. it corporation duly organimd under the laws of the State of Iowa, and haying its pnncipil office in the City nr Dc% Moines, Counly of Polk. Scute of Inwu, hath made, constituted and appoanicd, and Juts by these prescnts make, constitute and appoint INDIVIDUALLY C. B. Condon, G.A. LaMair II, Carl J. (rant Jr., James E. Thocriscrl, James P. Norris, F. Melvyn Hrubetz of Des and State of Icwa its rur:md lawful Attnrney-inFact. with full power and audlont hero} con1cmd to its name, place and tread, to sign, execute, acknowledge and deliver in iii behalf us surety: Any or all bonds or undertakings, Drovided that no bond or undertaking executed under this authority shall exceed in amount the sum of CNE 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 hood or undertaking wms signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Anomcy, pursuant to the authority herein given, are hereby ratified and confirmed. Trus Powcr-of-Attorney is made and executed pursuant to and by authority of the following By-Luw adopted by the Board of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE ]. SECTION SA. --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, mcogniances• contracts of Indemnity amt other writings obligatory in the nature thereof." In Witness Wher r. MERCHANTS MUTUAL BONDING COMPANY has caused these present. to he signed by its President and V,,ee President, and its corp Tru a Nerd as be herein affixed, this 2211d &,t of May A.U., 1979 Altcitl 1'. r P..,Jra STATE OF IOWA COUNTY OF POLK By MERCHANTS MU'rUAI. BONDING COMPANY %� 'fir is On this 22nd Jay or May .19 79 , heline me apNored W.W Warner and W511am Warner, to nx personally known, who I cmg by me duly sworn did say that they are President and Vice President respec• lively int the MERCHANTS MUTUAL. BONDING COMPANY, the corporation described in the foregoing mstruri and that the Sul affixed to the said in,trumcnt is the Corporate Seal of the said Corporation and that the said insnument tuns signed and scaled in behalf of suid Corporation hp +tuthorit of its Board of Directors, In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal fint above written. sLtIOWA}G) STATh OF IOWA A U S L COUNTYOF PO at the City of Dc% Moines. Iowa the ddaay� annd�yearr tomo P.M' Pull ro..n, fn.. -- ....... ,,.... e: Pr.r, 9-30-81 1, William Warner. Vice Resident of the MERCHANTS MUTUAL BONDING C•OMPA. it k that the above and foregoing is a true and concet copy of the POWER OF A'rfORjif{' MERCHANTS BONDING COMPANY, which is till in force and effect. S, In Wncss Whereof, 1 have hereunto set my hand and affixed the «al of the Company.:d thiN 18th day of September w. 79 /�'•f 'x.193; IN This power of anomey expires -Until Revoked � %�, ••,' �' certify is. said M Q z 0 W ry d z W F r v n 3 ly0 t H o z 0 .14 P4 0 a cG 0 :J Q 0 M Q 0 H q W U V Z J O Z Y K r q i u O U] p a Z q Z r g o o b T° a -ig � - Z T „ A N O � Z r N p A 0 x v 0 O C ce � O ^E v — ^ L L 5 � � w u u •• e ¢ — V E` Q `n 3,� N p C� oto ii O T. 'J U .• t n. u V C E u O T n o ° >a/f " p` � S A c E^ °� Q I W L r n; O } n^ c m; c ° � c o— tz w S ; L% q .". O w V w N C d L C O 6 6 V n H C r. 5 O .U.. C• o r U a _ `O ro u ar•3 C T C of Cl) m a rn E o O o B B 3 E o C C y w pp w + u V Z J O Z Y K r q i A� ,TED FIRE & CASUALTY COMPAN' 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 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, all individually. of Waterloo, Iowa its true and lawful Attorneys) -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 March 1, 1981 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 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 autho. rized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorneyor car- tincatlon 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 attorneys -in -fact, subject to the limitations gel forth In their respective certificares pf authority shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the sed of the Company thereto. The President or any Vice President, the Hoard of Directors or any other officer of the Com- pany may at any time revoke an power and authority previously given to any attorney-in-fact. ?oLORPORAIE`\SO SEAL /g= IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this let day of March , A.D. 1979 State of Iowa, County of Linn, ss: UNITED FIRE Q/&�gCASUALTY COMP By ice President On this 1st day of March 1979 , 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. ROGER G. HECKROTH YT COMMISSION UITES Notary Public September 30 i:l::•, My commission expires September 30, 1980 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 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. ............, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said i� W, CORPORAIiig? Company this 24th day of September 1979 1 ice` SEAL a•. I •'•r`��...o+ oro` Q,�9,,",,"�",.`t", `��. s�A sistant Secretary CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT October 3, 1979 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 speci- fications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office. Concrete paving and storm sewers for Village Green South Part II as constructed by Metro Pavers, Inc. of Iowa City, Iowa and Knowling Brothers Contracting Company of Coralville, Iowa respectively. Not to include the storm water detention facility. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer EAD/FF/jp RESOLUTION NO. 79-486 RESOLUTION ACCEPTING THE WORK SUNSET STREET IMPROVEMENT PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the Sunset Street Imprnvament Project as included in a contract between the City of Iowa City and Metro Pavers Inc. of Iowa City, Iowa, dated August 24, 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 Pe r eand seconded by d e P r o s s e that the resolution as reaJ-Fe—LEZopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER % PERRET x ROBERTS x VEVERA x Passed and approved this 9th day of October , 19 7g Mayor ATTEST: �e City Clerk ReccivMl & Arprov^d By The Legal Department 74Z CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT October 3, 1979 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 speci- fications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office. Sunset Street Improvement Project 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. Res 711"fully submitted, Eugene A. Dietz, P.E. City Engineer EAD/FF/j p RESOLUTION NO. 79-487 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The addition of one part time (30 hours) Secretary II position in the Human Relations Department in Range 6 of the Classified Pay Plan. It was moved by Neuhauser and seconded by Balmer that the Resolution be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 9th day of October 1979, da 6a Mayor ATTEST: (&L - City Clerk 1!Y RI.'i' /27s RESOLUTION NO. 74_488 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ADDING A POSITION WHEREAS, the City of Iowa City, Iowa, employs certain classified personnel, and WHEREAS, it is necessary to amend the FY80 Budget included in Resolution No. 79-98. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-98 be amended by: 1. The deletion of four Maintenance Worker III positions from Refuse Collection Operations in Range #6 of the Classified Pay Plan. 2. The addition of four Maintenance Worker II positions in Refuse Collection Operations in Range #4 of the Classified Pay Plan. 3. The addition of one Maintenance Worker I in Refuse Collection Operations Operations in Range #1 of the Classified Pay Plan. It was moved by Neuhauser and seconded by Balmer that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser g Perret x Roberts x Vevera Passed and approved this 9th day of October j 1979 Mayor ATTEST: e /:� City Clerk REcr1VRD & 111PEOM NY TEF. LEGAL LEPAP.2YE T ��76 RESOLUTION NO. 79-489 RESOLUTION AUTHORIZING THE INITIATION OF LAND ACQUISITION PROCEDURES FOR THE LOWER RALSTON CREEK -SMALL CITIES GRANT PROJECT (B -79 -DN -19-0048) WHEREAS, the City of Iowa City, Iowa, is undertaking a project to revitalize the Lower Ralston Creek neighborhood; and WHEREAS, this project requires the acquisition of real property as illustrated on the map attached hereto and by this reference made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager and the Director of the Department of Planning and Program Development are hereby authorized and directed to initiate land acquisition procedures in accordance with real property acquisition regulations of the Department of Housing and Urban 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: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 9th day of October 1979. MAYOR M OR ATTEST: CITY CLERK RECEIVED & APPROVED BY .THE LEGAL DEPARTMENT /a 77 16, on BURLINGTON U) U) cf) U) 4= COURT ST. • 19- 2 OFFICE ' r z L _I cy m Z Q LEGEND ACQUISITION MAP PROPERTY TO BE ACQUIRED PROJECT BOUNDARY I STREET CLOSED TO TRAFFIC 7��� VACATED STREETS 00 BLOCK NUMBER .. PARCEL NUMBER • SCALE ,.®+.,, Wi REVISFD, ITY RESOLUTION NO. ]2=490 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM OF UNDERSTANDING WITH THE IOWA CITY MUNICIPAL AIRPORT COMMISSION FOR THE CONSTRUCTION OF A BOAT RAMP AT STURGIS FERRY PARK. WHEREAS, the City Council of Iowa City has determined that there is a need for a boat ramp on the Iowa River at Sturgis Ferry Park, and WHEREAS, there is some dispute as to ownership of the Sturgis Ferry Park land, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to sign and the City Clerk to attest a Memorandum of Understanding with the Iowa City Municipal Airport Commission for the construction of a boat ramp at Sturgis Ferry Park. It was moved by pIr,Lla'il- and seconded by elp that the resolution as read be adopted, and upon roll call there were: AYES: NAYS ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this " day of j2de ,) 1979. ATTEST:.2,J"4n C TY CLERK MAYOR nCF:LVED & �1FL?''•G'l. AY TEE LEGAL DI.'LL:':1C:NT '7f MEMORANDUM OF UNDERSTANDING In accordance with a resolution passed September 19, 1979, the Iowa City Municipal Airport Commission hereby consents to the installa- tion of a boat ramp in Sturgis Ferry Park„ due east of the present curb cut along highway 21B south of the east -west runway centerline. In accordance with a resolution passed October 9, 1979, the City Council of the City of Iowa City hereby consents to the installa- tion of the above boat ramp in Sturgis Ferry Park. It is hereby agreed that the execution of this agreement and the construction of the boat ramp is not intended to relinquish or enhance any claim of right with regard to any portion of Sturgis Ferry Park.. Dated: I V 1979 (a � Chairperson Dated: / // 1979 Mayor 1 Attest: &Z."' City Clerk 0 RECEIVED E BY .THE I,ti'i,AI Lhi.:r.•,_'r7T a.s7-->. fir✓ No. 03 g 38,597.40 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 Company of Iowa Citi, Iowa , its successors or ass igns,e sum oP 38,597_40 _, wit i� nterest thereon at the rate of seven percent (7E) per annum, until called for payment. InteresL 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 Iii day of 197`2 - (SEAL) ATTEST: CITTYY� OOF' IOWA CITY, OWA —L" " '—Y ' L Mayor This instrument presented and not paid for want of funds l this day of Lac-, c 11( %� 4Treurer Lf y AHLEAG. COONEY. DOIIW[ILCR, HAYNI■ IS SMITH. LAWYCRS. DES MOINES. IOWA a.ei Counci I Mrmhor Eal.»[er _ _ int roduced the fol lowinrl Itc•:solution ent.iIIed IFm:.soLu,r1ON DIRECTING TIII•; DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Neullaus_p_L___ seconded the motion to adopt. The roll was called nd the vote was, AYES: Balmer, deProsse, Erdahl, Neuhauser, Perret, Roberts, Vevera._ NAYS: 0 Whereupon, the Mayor declared the following Resolution duly adopted: 79-491 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 (109) thereof, as required by Chapter 573, Code of Iowa, 1979, as amended, to -wit; TO: Parkview -z- $_ 38,597.40 S $ F AHLERS, COONEY. DORWEILER, HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA /'� U and WHEREAS, the above firm or firms are now entitled to payment for said sums owing: NOW, THEREFORE', BE IT RESOI.VED 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 03 Parkview Company 10/01/79 38,597.40 -3- AHLLRS. COONEY. DORWLIL[R. HAYNIC a SMITN. LAWYERS, DC[ MOINES. IOWA /a '5�3 PASSE.) AND APPROVED, this 9th- day cl October x•74 Mayor ATTEST: Clerk (SEAL) -4- ANLCRG. CO N[Y. DORW[IL[R. NAYNIC • SMITN. LAWYCRs. D[■ MOINCs. IOWA / �� ASSIGNMENT The attached Construction Warrant in the amount of $ _ , is hereby assigned to in consideration of receipt by the undersigned rom 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 assianment 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 /a s-5 RESOLUTION NO. 79-492 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH CARL F. STRUB TO PERMIT THE CONSTRUCTION OF A FACADE ON THE STRUB BUILDING WHICH WILL OVERHANG THE SIDEWALK ON CLINTON STREET A MAXIMUM OF 3 FEET. WHEREAS, it is in the public interest to encourage the renova- tion of businesses in down town Iowa City, and WHEREAS, Carl F. Strub desires to construct a new facade on the Strub Building on Lot 5, Block 81 of the original Town in Iowa City, Iowa. NOW THEREFORE it is hereby resolved by the City Council of the City of Iowa City that the Mayor is authorized to sign and the City Clerk to attest the agreement between Carl F. Strub and the City of Iowa City. AYES: NAYS: X x —X— _ X X X ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 9th day of October ATTEST: City Clerk 1979. RECEIVED & Arnnr,"T•r A 0 AGREEMENT This agreement entered into the 9th day of October 1979, by and between Carl F. Strub and the City of Iowa City, a municipal corporation. WHEREAS, it is in the public interest to encourage the renovation of businesses in downtown Iowa City, Iowa, and WHEREAS, Carl F. Strub desires to construct a new facade on the Strub Building on Lot 5, Block 81 of the Original Town in Iowa City, Iowa NOW Therefore it is hereby agreed by and between the parties: 1. Carl F. Strub is granted permission to construct a facade on the Strub Building which may extend a maximum of three feet over the public way. 2. The permission to maintain the facade over the public right- of-way shall continue for the life of the building. 3. The parties agree that this permission does not create any right beyond that which is expressly granted by this agreement. 4. Carl F. Strub shall maintain in full force and effect a com- prehensive 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 $100,000. The failure of Carl F. Strub to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. -2 - The undersigned do hereby state that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instru- ment. FOR THE CITY OF IOWA CITY: ATTEST: �IIII Wil 14I CARL F. STRUB: n,c,FIVFD & A rD y THE LEGAL L�.i' ^uiP1Gr'.IIR ESOLUTION NO. 79-493 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLTCAITM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class�� Liquor Control License application is hereby approved for the following named person or persons at the following described location: ASK Co., dba Felix and Oscars, 5 South Dubuque Street Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera a 11 and seconded by Erdahl as read-Fe—adopted, and upon roZ% aid AYES: NAYS: ABSENT: X X X X X X X Passed and approved this 16th day of October 19 79 Mayor Attest: & 2'zz� City Clerk J.A/ RESOLUTION NO. 79-494 RESOLUTION OF APPROVAL OF CLASS C PERMIT APPLICATION SUNDAY BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: ASK Co., dba Felix and Oscars, 5 South Dubuque Street Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer X deProsse X Erdahl X Neuhauser X Perret Roberts Vevera 19 79 M NAYS: Passed and approved this Attest: �W4,6; .2, City Clerk ABSENT: 16th day of Octob Mayor RESOLUTION NO. 79-496 RESOLUTION CERTIFYING DELINQUENT WEED CONTROL CHARGES TO COUNTY AUDITOR. BE IT RESOLVED BY THE NAYOR AND THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Clerk is hereby authorized and directed to certify the attached delinquent weed control costs to the County Auditor for collection as regular taxes as by statute provided. It was moved by deProsse and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser _ x Perret X Roberts X Vevera Passed and approved this 16th Day of October,, 1979. MAYO ATTEST: CITY CLERK Received $ Approved By The Legal Deparhnent `/ ,4H- 79 %r -.yISELII+.. j T4s/ T4s/ X11 wa C ,y, Iowa Owner: Sa or Byron ie Rm. 1439 30 Ch C ca 60610 Descript n: W a f of Lo 1 in Block in East Io City, J son Iowa / Amount • .0 Delinquent Acct: Adli Roushdi, Undeveloped lot west of 528 Washington St, Iowa City, Owner: Adli Roushdi, 1119 Woodlark Ln, N.W. Cedar Rapids, Iowa 52402 Description: Beginning at the S.E. corner Lot 7 Block 40 Original town of Iowa City Iowa; thence North 0"Ol West along the East line of Said Lot 7 140,83 feet to the South Line of the CRI and PRR Rroperty; thence South 560 35' West 44,87 feet to a point of curvature; thence South Westerly along a 788,51' Radius Curve concave South Easterly 159,32 feet to the West Line of Lot 6 Block 40; thence South 0"03' East 15,40 feet to the South West corner of Said Lot 6; thence South 89561 East 160,80 feet to the point of beginning, Amount: $35,00 �\ °` ll ,079.2.. RESOLUTION NO. 79-497 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE OF A SANITARY SEWER EASEMENT ON LOT 4 OF EASTDALE MALL. WHEREAS, the City of Iowa City was granted a sanitary sewer easement by Eastdale Corporation on November 16, 1976, a portion of which lies on Lot 4 of Eastdale Mall; and WHEREAS, Eastdale Corporation now desires to relocate the portion of the sewer easement on Lot 4 of Eastdale Mall; and WHEREAS, Eastdale Corporation has granted the City of Iowa City a new sanitary sewer easement on said Lot 4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor be authorized to sign and the City Clerk to at- test an agreement with Eastdale Corporation which releases and abandons that portion of a sanitary sewer easement on Lot 14 of Eastdale Mall. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYES: ABSENT: X Balmer X deProsse R Erdahl g Neuhauser _ X Perret g Roberts X Vevera Passed and approved this 16th day of October , 1979. Mayor 0 ATTEST: (2 City Clerk RECEIVED & APPROVED gx UM LEGAI] LEPARTIENT� RELEASE OF EASEMENT Agreement made this 2nd day of October 1979 between Eastdale Corp., an Iowa corporation and the City of Iowa City, Iowa witnesseth: Whereas, on the 16th day of November , '1976 Eastdale Corp. granted to the City of Iowa City an easement for a sanitary sewer system recorded in the Johnson County Recorders Office in Book 478 page 309 and described as follows: A 10 foot wide easement, the centerline of which is described as commencing at the SE corner of Section 14, T79N, R6W of the 5th P.M.; thence North 310.74 feet along the east line of Lot 2 Ohls Subdivision, Iowa City, Johnaon County, Iowa, to the point of beginning; thence S 68 57 40 W, 490.70 feet to the terminal point. Now, therefore, in consideration of the payment of one dollar (1.00) paid by Eastdale Corp. to the City of Iowa City the receipt whereof is hereby acknowledged, the City of Iowa City hereby releases and abandons to Eastdale Corp. that portion of the easement above described which lies on Lot 4 of Eastdale Mall, with the intention of termination said easement. Favor ' Attest City Clerk - — 5AN1'1'AKY StWLK tAS1_i11tNTS This agreement lade and entered into by I between Eastdale Mall, Inc., and Thomas C. Barbee, grantors, 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, witnessth: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipbf which is hereby acknowledged, grantor hereby grants and conveys to City an easement for the purposes of replace- ment, maintenance, and use of sanitary sewer mains as the City shall from time to time elect for conveying sanitary sewer with all necessary appliances and fittings for use in connect- ion with said pipelines, together with adequate protection therefore, as described below: A 10 foot strip of land across Lot 4 of Eastdale Mall Addition, the centerline being described as: Commencing at the nort�west corner of Lot 4 of Eastdale Mall Addition; thence S 20 9'40" E, 37.8 feet to the point og beginning; thence N 68 57'40" E, 22.1 feet; thence S 49 45'00" E, 75.00 feet; thence N 8030'00" E, 75.00 feet; thence N 68°57'40" E, 25.7 feet to the east line of said Lot 4; said point being S 20°59'40" E, 14.8 feet of the northeast corner of said Lot 4. Grantor further grants to City: 1. The right of grading said strip for the full width there-. of and to extend the cuts and fills for such grading into and on said lands along an outside of said line to such an extent as City may find reasonably necessary; 2. The right to support said lines across revines and water- cources with such structures as City shall from time to time elect; 3. 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 sewer line 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 grant- ors, but all tops, lops, brush and refuse wood shall be burned or removed by City; 4. The right of ingress to and egress from said strips 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; 5. 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 will not interfere with any reasonable use grantor shall make of said strips. a� City shall not fence strip; b) City shall promptly backfill any trench made by it on said strip and repair any damage it shall do to grantors' private roads or lanes os said lands. c) 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. ��9.J -2 - Grantors reserve the right to use said strips for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that grantors shall not erect or con- struct any building or -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 pipe lines. Grantors do hereby covenant with City that they are lawfull 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 insure 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 ,Vo day of (}Nps A.D. , /9W. O omas C. Barbee Eastdale corporation STATE OF I014A ss: COUNTY OF JOHNSON IN Ronald S. Harding BY: ✓, '� ,z iii �'i/./ L Z��� Merrell M. Johnson/ peQI00�1 G On this day ofQze�,�?, before me, the undersigned, a Notary Public in an or said County, in said State, personally appeared' �;_�r(�Q,Q,e_ , to me personally known, who being by me duly sworn, execute the within and fore- going instrument to which this is attached, and acknowledged the execution of said instrument to be his voluntary act and deed. W`� ` % FRANK C. SLADEK My CO ISSIION EXPIRES STATE OF IOWA ss: COUNTY OF JOHNSON Notary public in and for Johnson County, Iowa On this �/O day of , , before me, the undersigned, a N-otary Public inland 0-r sai County, in said State, personally appeared O46 ; to me personnally known, who, being by me duly sworn, did say that they are the and PRg5jp, / to which this is attached; that sai in- strument was signed on behalf of said corpora 'on by a,t opFiV# of its Board of Directors; and that the said Q as such officers acknowledged -the execution ot said instrument to be the voluntary act and deed of said corporation, by -it and by them voluntarily executed. '1 7% - __ Notary *blic in and for Johnso County, Iowa.. SO /`� MY t�I eonniwss�oni EcP�R�S 91 RESOI MON NO. 7 9- 4 9 8 RESOLUTION ACCEPTING REALIGNED SANITARY SEWER ON LOT 4 EASTDALE MALL WHEREAS, the Engineering Department has certified that the following improvanents have been ccapleted in accordance with plans arra specifications of the City of Iowa City, Sanitary sewer was installed by Knowling Bros. of Iowa City, Iowa, and was placed in the proposed easement on Lot 4 Eastdale Mall. AMID WHEREAS, Maintenance Bonds for Knowling Bros. 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 arra seconded by Neuhaus e r that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: PERRET X Cli ' Passed arra approved this 16th day of October , 19 79 . Mayor ATTEST: City Clerk Reeemcd & Approved By T e Legal Department CITY of IOWA CITY ( NK , ( I NII R 4101 W`,I IIN( ,IO J';I IOW ( JIY IOW [,)19) 3 1 1('3(0) ENGINEER'S REPORT October 10, 1979 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. Realigned sanitary sewer on Lot 4 Eastdale Mall as constructed by Knowling Brothers Construction of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted Eugene A. Dietz, P.E. City Engineer bdw3/9 ll a- •,-;ajw r p� MAINTENANCE BOND /](now alt men by thele preeent-4 That KNOWLING BROS. CONTRACTING CO. of Iowa City, Iowa as Principal, and the UNITED FIRE 8t CASUALTY COMPANY, AN IOWA CORPORATION of CEDAR RAPIDS, IOWA, and authorized to do business In the state of Iowa as Surety, are held and firmly bound unto the CITY OF IOWA CITY, IOWA in the penal sum of THREE THOUSAND, FIVE HUNDRED SEVENTY FIVE AND NO/100 ------------------ 1$ 3,575.00 1 DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, and administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 11th day of October A. D. is 79 with Eastdale Corporation, Iowa City, Iowa Whereas, the said Principal entered into a certain contract,/dated the ?4th day of September , 1979, to furnish all the material and labor necessary for the construction of Sewer Relocation - Lot 4 Eastdale, Iowa City, Iowa, in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work with a period of two 1 2) years from the date of acceptance of the work under said contract; and Whereas, the said UNITED FIRE & CASUALTY COMPANY, of CEDAR RAPIDS, IOWA, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, r, r Mow=" I, aforesaid; Now, Therefore, the Condition of This Obligation is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop In said work, within the period of two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of mid work, then this obligation to be null and void; otherwise to be and remain in full force and virtue In law, KN�OWWLLINNG BRROS, CONNTTRAC`TING CO, principal By Z orb F'� t a UND-2055—b UNITED FIRE & iz4mo ANY By A itorne -in-fact and Iowa Resident Agent TED FIRE & CASUALTY COMPAN' ..DME 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 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, 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 March 1, 1981 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 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 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 hindmo upon the Company with the same force and effect as though manually affixed. Such atlomeysdn-fact, eobject 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 Instrument, 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 preAously given to any attorneydn-fact. "'1W. 1:49U p, CORPORATE SEAL .f g • 1, I,p,1, IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this 1st day of March A.D. 1979 State of Iowa, County of Linn, ss: UNITED FIRE & CASUALTY COMPA Bye ice President On this let day of March 1979 , 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. / �0(iER G. HECKROTH ilY COMMISSIOY. EX':I:ES Notary Public -September 30 t� My commission expires September 30, 1980 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 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. .``eCMU4j.,, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said coRPcaau g3 y p Comanthis 11th day of October 19 79 A L i v UND, �2��$8b•, ]Assistant Secretary I RESOLUTION NO. 79-499 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF REAL PROPERTY FOR THE SOUTH BRANCH RALSTON CREEK STORMWATER DETENTION PROJECT WHEREAS, the City of Iowa City, Iowa, in furtherance of the public welfare, is undertaking a program to alleviate flooding on Ralston Creek; and, WHEREAS, the City of Iowa City, as a part of this flood control program, plans to construct a stormwater detention structure on the South Branch of Ralston Creek; and, WHEREAS, this project requires that the City of Iowa City acquire certain interests in real property; and, WHEREAS, the City of Iowa City has received appraisals and review appraisals concerning the fair market value of these real property interests; and, WHEREAS, the City of Iowa City has reviewed these appraisals and review appraisals, and being familiar with the real property identified therein, desires to establish the Just Compensation for acquisition of these real property interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amounts listed opposite each real property interest described below are hereby declared to be the Just Compensation for the purpose of acquisition of said real property interests. The Staff of the City of Iowa City is hereby authorized to commence negotiations for the purchase of said real property interests and the Mayor and City Clerk are authorized to contract for the purchase of said real property interests. In the event negotiations for purchase are unsuccessful, the Staff is hereby authorized to institute condemnation proceedings for the acquisition of said real property interests. Property Owner Real Property Interest Just Compensation Wilfreda A. Hieronymus and Fee title to 35.89 acres from $258,000 Albert N. Hieronymus a tract of land located at Scott Boulevard and American Legion Road, and an easement over 6 acres from said tract of land. Plum Grove Acres, Inc. Fee title to 18.4 acres from $146,000 a tract of land located at Scott Boulevard and Court Street. John R. Lindemann and Flowage easement for flood $2,000 Geneva E. Lindemann control purposes over approx- imately 3 acres from a tract of land located in Scott Township. Gustav Lindemann and Flowage easement for flood $1,300 Lillian Lindemann control purposes over approx- imately 2 acres from a tract of land located on both sides of Lower West Branch Road in Scott Township. -z - It was moved by Balm r and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perrot X Roberts X Vevera Passed and approved this 16th day of October 1979. ATTEST: A 4L ) City Cler Mayor RECEIVED & APPROVED 8X TEE LEGAL DEP I. RESOLUTION NO. 79-500 RESOLUTION AUTHORIZING E)CECUTION OF CONTRACT WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Ads Advertising , a copy of said contract 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 contract for one Year following satisfactory romnlptinn nf a previous advertisers contract. Said contract allows for placement of up to twenty (20) transit cards for advertising purposes on the inside of each bus operated by the City's Transit System. Advertising rate is $42 per month of which the City rail c; $28 a na Aa wgrnr.4,�ps $14. 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 Ads Advertising 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Balmer and seconded by Neuhauser the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser —X Perret X Roberts X Vevera Passed and approved this 16th day Of October , 1979. Mayor ATTEST: -AL-Z&j—Y1e ) City Clerk RECEIVED & APPROVED Bx Xa LEGAL DEPARTMENT �Gf/G /,300 AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND ADS ADVERTISING THE PARTIES The parties to this Agreement are the City of Iowa City, Iowa, 410 E. Washington Street, Iowa City, Iowa (hereinafter referred to as "City") and ADS Advertising, an advertising business owned by Lorraine Sinnard, 1804 Sioux, Waterloo, Iowa 50702. PURPOSE The purpose of this Agreement is to provide a working document between the parties for the placement of transit cards for advertising purposes on the inside of the buses operated by the City's Transit System. TRANSIT CARDS SALES 1. The transit cards to be placed in the Iowa City Transit System buses will be 11" x 17" in size, placed horizontally. 2. Local advertising standards of good taste will apply to all advertising. 1. Ads Advertising shall be the sole and exclusive agent for the City in the promotion, sale, and placement of transit cards into buses operated by the City's Transit System. (20 buses currently, but to include 2 additional buses if added). 2. The City will allow Ads Advertising to place up to 20 cards into each of the buses operated by the City's Transit System. 3. The City shall be permitted to use any advertising spaces on the buses not used by Ads Advertising, for any purpose it deems appropriate. 4. Advertising may be placed by all advertisers on a first-come first -serve basis without regard to race, creed, color, age, sex, or national origin on a non-discrimination basis. No political advertising will be accepted. 5. Advertising may be purchased by advertisers on a monthly or on an extended basis, but so as not to extend beyond October 31, 1980. ADVERTISING FEES 1. A fee of $42.00 per month will be charged to each advertiser for the placement of one advertisement. For the purposes of this paragraph, one advertisement shall mean the placement of one /30/ TERMS 2 transit card for each advertiser into each and every bus operated by the City. 2. Ads Advertising shall be responsible to the City for the collection of the placement fee from the advertisers. 3. Of each monthly placement fee of $42.00, Ads Advertising shall retain 33 1/3% for operating expenses and shall remit to the City 66 2/3% no later than the 15th of each month for which an advertiser has placed an advertisement and provide a list of monthly advertisers. 4. For any of the 20 spaces that remain unused during any calendar month, neither Ads Advertising nor the City shall be entitled to a fee or any percentage thereof. 5. The transit cards will be placed and replaced during the hours of 5:30-6:00 A.M. and 10:30-12:00 P.M. by the personnel of Ads Advertising only. The City shall be obligated only to inform Ads Advertising of any transit cards that are damaged or need replacement for any reason. 6. The City shall retain the use of five (5) spaces for its own advertising and shall be permitted to use any other unsold spaces. 7. Public service announcements will be placed by the City free of charge up to a maximum of three (3) spaces per bus. The City may use any or all of its five (5) spaces for this type of message. I. The terms of this agreement shall be from November 1, 1979 to October 31, 1980. 2. This contract shall be renewed automatically for successive calendar terms, and shall remain in effect until termination by either party upon 30 day written notification. 3. In the event that this contract is terminated by either party, Ads Advertising shall nevertheless have the right to complete any advertising contract that it has entered into. Dated this 16th day of THE CITY OF IOWA CITY, IOWA: BY: �![CTl���C• /vim«�/ Mayor October , 1978. IN -BUS ADVERTISING: BY: ATTEST: APPROVED AS TO FORMRECE.IVF;D & dP710m) BY .THE LEGAL EP TYEl1T 13 40 ., .kp, // 1_U IESOUIPICV NO. 7 9 - 5 01 RESO=ION STING SANITARY SEWER IMPROVEMENTS IN KINGDOM SUBDIVISION Wl-IERE7IS, the Engineering Department has certified that the following ilTmvanents have been completed in accordance with plans arra specifications of the -City of Iowa City, Sanitary sewer for Kingdom Subdivision as constructed by Knowling Brothers of Sharon Center, Iowa. AND WHEITA.S, Maintenance Bonds for Knowlina Brothers are on file in the City Clerk's Office, NCW =MRE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said inproverents be accepted by the City of Iowa City. It was moved by P erre t and seconded by Roberts that the Resolution a­s_r_e_a_a_STa_cc_eF_Ea, and upon roll call there were: AYES: NAYS: ABS: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 23rd day of October , 19 79. ATTEST: Mayor City Cler. Reeoived $ Approved By The Legal Department /.3.03 C-) 0 Z m C) O a CI O 0 0 z M% J C r Y ^ a N n n {by n n^ 5. fp ^ n Y ^ C ri A n N Y o ME:n C)1/"�-may/' 6 0 r J o •� O J £ Y^ r f1 `n j 3 n o` = N T P tO cu C a M d t o �• n co S E ^ Z 6 O y (D F n r n K .� G `<mz D ° i m o m C-) 0 �. v �• _ O K ° > = j S = i " n C a r " d n ol n n m O ° H = G O _- a o sIE c CD O a n < ° z o. 3 J —4 6 n C d 6 n 0 0 IA• O Y J s O. Ip 0 E wDO = u V ()n 0 0 0 F u O y O E N o n I £ p n 1 d -_ n c o b a n O ^ rf n a •• E 3 � o F, ^< n Ln N OC C J 1 r 1 a 1 �- 6 O a CI O 0 0 z M% J C r ITED FIRE & CASUALTY COMPAN' 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, 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, all individually. of Waterloo, Iowa its true and lawful Attorneys) -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 March 1, 1981 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 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 autho- rized hereby, and the Corporate seal, may be affixed by facalmlle to any power of attorney or special power of attorney or car- tification of either authorized hereby; much signature and seal, when so used, being adopted by the Company a the original signature of such officer and the original most of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. Such allomeys-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 much instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or my other officer of the Com- pany may at any time revoke all power and authority previously given to any attorney -In -fact. "`y cks u41 ca. CDR PC R d 1 hl00°c SEAL g IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this let day of March A.D. 1979 State of Iowa, County of Linn, ss: UNITED FIRE �&nCASUALTY COMPD By // r n'( 'C 1% �ice President On this 1st day of March 1979 , 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. •� I?GER 0. MiCNROTH ol, IIT Co MISSIOt' U"I:ES Notary Public September 30 i'1:.� My commission expires September 30, 1980 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 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. "W'. su In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said r4 [„PsCRAIt 6 Company this 11th day of October 1979 ( 1 NL) I-2i�$8b Assistant Secretary ENGINEER'S REPORT October 16, 1979 To the Honorable Mayor and City Council Iowa City Iowa 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 for Kingdom Subdivision as constructed by Knowling Brothers of Sharon Center, Iowa. I hereby recommend that the above improvements be accepted by the City of Iowa City. Resp ul%l submitted, Eug�ene A. Dietz, P.E. City Engineer EAD/DG/jp .--::7 r A f�0 -1 RESOLUTION W. 79-502 RESOLUTION ACCEPTING THE WORK FOR FY80 ASPHALT RESURFACING PROJECT WHEREAS, the Engineering Department has recamnended that the im- provement covering the FY80 Asphalt Resurfacing Project as included in a contract between the City of Iowa City and L. L. Pelling Co. of Iowa City, Iowa dated October 3, 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 Roberts that the resolution as reiZ Be opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE % ERDAHL x NEUHAUSER x PERRET R ROBERTS x YEUERA R Passed and approved this 23rd day of October 1979. Mayor ATTEST: G� City Clerk Received & Approved By The Legal Department ENGINEER'S REPORT October 18, 1979 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the FY80 Asphalt Resurfacing Project has been completed in substantial conformance with the 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 budgeted funds and actual money spent for this project is as follows: Budgeted Spent A) Asphalt overlay of streets & alleys (RUT) $185,000 $120,019.38 B) Chip sealing of streets (RUT) 63,642.68 C) 2 parking lots (Parking Systems) 15,000 12,740.41 D) Alley between Dodge St. & Johnson St. south of Market St. (Private funds) 4,400 3,718.72 Total $204,400 $200,121.19 Respec fully submitted, Eugene A. Dietz, P.E. City Engineer EAD/DSG/jp /3a6� RE-9=ION NO - 7 9 -- 5 0 3 RESOIMION ACCEPTING BOYRUM STREET CONNECTION WITH HIGHWAY 6 BYPASS WMEAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Boyrum Street connection with Highway N6 Bypass: Division 1 - Storm Sewer, as constructed by Normoyle-Berg & Associates, Inc. of Rock Island, Illinois. AMID WHEREAS, Maintenance Bonds for Normovle-Berg & Associates are on file in the City Clerk's Office, MXx9 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 Roberts that the Resolution as read be accepted, and upon roll call there were: NAYS: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 23rd day of October ATTEST: Mayor i City Clerk 19 79. Received & Approved By The legal Department _ -e /o - /-- -?9 /doh CITY OF IOWA CITY 0\ k' CIA I: 41W WASFIIN( ,I()N :;I I( )W/\ c .IIY I( )W/\ ENGINEER'S REPORT October 18, 1979 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. Boyrum Street connection with Highway #6 Bypass: Division 1 - Storm Sewer, as constructed by Normoyle-Berg & Associates, Inc. of Rock Island, Illinois. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Res sotfully submitted, .�/ w Eugene A. Dietz, P.E. City Engineer bj3/21 RESOLUTION NO. 79-504 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH METRO PAVERS, INC. TO EXTEND THE AWARD DATE FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT. WHEREAS, Metro Pavers, Inc, has submitted a contract and proposal for the construction of the South Gilbert Street Improvement Project at a cost of $1,256,982.32; and WHEREAS, the City of Iowa City finds it in the public interest to defer the acceptance and award of said contract until no later than January 1, 1980. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Metro Pavers, Inc. providing for an extension of the acceptance and award date until January 1, 1980 for the South Gilbert Street Improvement Project. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS V1 r X X X X X X ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 23rd day of October, 1979. s M6 2 id, ayor ATTEST:6� - City Clerk RECE[VFD & APPROVED EY .THE LEGAL DEPARTIOU X05 15-16-19 1''10 r RESOLUTION NO. 79-505 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF NEIGHBORHOOD SITE IMPROVEMENTS - SIDEWALK REPAIR PROGRAM WHEREAS, Streb Construction Co., Inc. 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 Streh Construction Co Inc. of Iowa City. 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 Rnhorrc and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 01 BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved thia23rd day of October , 19 79 MAYOR ATTEST:0,zz— CITY CLERK Received & Approved By The Legal Department 0/2;517I oe,�%bor hooQ S AQ, Nair 2d ra-r, W, 01 115 AMU i, - , �1 ,;1„.,1 r. M: -II 1 ,,,1, I.1 J' � t 1 1 , L1 � Il 1 .,1, L1 II 1 MOM I OR Mal Ma -IM ll�lmv 9% Wo m • t RESOLUTION NO. 79-506 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPOR- TATION TO PROVIDE TRANSIT CAPITAL ASSISTANCE FOR FY80. WHEREAS, it is in the public interest to provide im- proved public transit for the citizens of Iowa City, and WHEREAS, the Iowa Department of Transportation will provide capital assistance to the City of Iowa City for the acquisition of transit equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, to authorize the Mayor to sign and the City Clerk to attest an agreement with the Iowa Depart- ment of Transportation,to provide transit capital assistance for FY80. It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS x x x x x x x ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 23rd day of October, 1979. F Iive, ATTEST: GLc- CIT CLERK :ESOLUTION NO. 79-507 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persona at the following described location: Joseph C. Momberg dba Iowa City Maid -Rite, 630 Iowa Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 30th day of October Attest: fr< City Clerk 19 79 /.3// r RESOLUTION NO. 79-508 RESOLUTION APPROVING CLASS LIQUOR CONTROL LICENSE APPLTUTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved -Tor the following named person or persona at the following described location: Richard Sack Bartholomew dba Bart's Place, 826 S. Clinton Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by and seconded by Balmer that the Resolution as res a adopted, and upon roti cafT there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera _x Passed and approved this 30th day of October 19 79 Mayor Attest: City Clerk 13AL i - ✓ RESOLUTION NO. 79-509 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Drug Fair, Inc. dba Drug Fair #4, 2425 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: X M Passed and approved this i Attest: City Clerk 30th day of October , 19 79 10a RESOLUTION NO. 79-510 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Drug Fair, Inc. dba Drug Fair 114, 2425 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Neuhnuspr and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 30th day of October 19 79 _ Mayor Attest: City Clerk 1J1f4 /c✓ RESOLUTION NO. 79-511 RESOLUTION ADOPTING SUPPLEMENT NUMBER TWO TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, the Municipal Code Corporation has prepared the second supplement to the Code of Ordinances of the City of Iowa City, and WHEREAS, it is deemed appropriate to adopt supplement number two by resolution as a part of the said Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That supplement number two 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 hereby authorized to sign, and the City Clerk to attest, this Resolution. It was moved by Neuhauser and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 30th day of October , 1979. MAYOR ATTEST: CITY CLERK Rec3iv^d $ Aoprov,�d ey The Legal D"pariment R- / w 71 "'._ RESOLUTION N0. 79-512 RESOLUTION ACCEPTING THE hDRK BRIDGE IMPROVEMENT PROGRAM WHEREAS, the Engineering Department has recommended that the im- provement covering the Bridge Improvement Program as included in a contract between the City of Iowa City and Concrete Treatments of Iowa of Cedar Rapids, Iowa dated June 13th. 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 Neuhauser and seconded by Balmer that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE R ERDAHL % NEUHAUSER x PERRET x ROBERTS X VEVERA % Passed and approved this 30th day of October , 19 7 } ?I7 lin Mayor ATTEST I k ; _�N i4v City Clerk Received & Approved By The Legal Department _Af�S /a- /X- 4-? /3/6 ENGINEER'S REPORT October 24, 1979 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the Bridge Improvement Program has been completed in substantial conformance with the specifications of the Engineering Division of the City of Iowa City. The contractor for this oroject was Concrete Treatments of Iowa from Cedar Rapids, Iowa. The project included epoxy patching and sealing on the following bridges: Brookside Drive, Center Avenue, College Street, Court Street, Dodge Street, Friendship Street, Gilbert Street, Johnson Street, Kirkwood Avenue, Meadow Street, Melrose Avenue, Muscatine Avenue, Park Road, Rochester Avenue, Second Avenue, Third Avenue, and Woolf Avenue. The project also included cleaning and painting of steel beams on the following bridges: Benton Street, Meadow Street, and Rochester Avenue. The required maintenance bond is on file in the City Clerk's office. Respectfully submitted Eugene A. Dietz, P.E. b� City Engineer EAD/DSG/jp 13,/10 RESOLUTION NO. 79-513 RESOLUTION ACCEPTING THE WORK COURT STREET AND MUSCATINE AVE. CULVERT PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the Court Street and Muscatine Avenue Culvert Project as included in a contract between the City of Iowa City and United Contractors Inc. of Des Moines, Iowa, dated August 14, 1978 , 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 Neuhau and seconded by that the resolution as re e a opte , and upon roll call ere were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 30th day of October 19 75 Mayor ATTEST: (� City Clerk pecTiv^d & Approved By The Legal Department /o-9.7-7 qAM" 1317 To the Honorable Mayor Iowa City Iowa ENG,INEER'S REPORT October 24, 1979 and City Council Honorable Mayor and Councilpersons: I hereby certify that the Court Street and Muscatine Avenue Culvert Project as constructed by United Contractors, Inc. of Des Moines, has been completed in substantial conformance with the specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Respectfully submitted, Euqene A. Dietz, P City Engineer EAD/DSC/jp 7 61 1 /3/7 RESOLUTION NO. 79-514 RESOLUTION ACCEPTING 110: WORK NEIGHBORHOOD SITE IMPROVEMENTS ASPHALT OVERLAY PROGRAM WHEREAS, the Engineering Department has recommended that the im- provement covering the Neighborhood Sitp ImorovPmPn s - Atohalt Overlay Program as included in a contract between the City of Iowa City and L. L. Pelling Co. of Iowa City, Iowa, dated August 22, 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 Neuhauser and seconded by Balmer that the resolution as read be a opt , and upon roll call ere were: AYES: NAYS: ABSENT: BALMER % DEPROSSE % ERDAHL x NEUHAUSER R PERRET % ROBERTS % VEVERA x Passed and approved this 30th day Of ��occobpr _, 1979. l lfr/�/�z { i / ~Mayor 7 ATTEST: 1 City Clerk 14 /3/t ENGINEER'S REPORT October 24, 1979 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby certify that the Neighborhood Site Improvements - Asphalt Overlay Program as constructed by L. L. Pelling Company of Iowa City, Iowa, has been completed in substantial conformance with the specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer EAD/DSG/jp /3/ir RESOLUTION NO. 79-515 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 MODULAR BUILDING RENOVATION (5 UNITS) 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. WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project were approved by the Council on August 28, 1979, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. 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. 2. That the City Clerk is hereby authorized and directed to publish the receipt of bids for the construction of the above-named a newspaper published at least once weekly and having a general in the city not less than four (4) nor more than twenty (20) the date established for the receipt of bids. notice for project in circulation days before 3. That bids for the construction of the above-named project are to be received by the City of Iowa, Iowa, at the Office of the City Clerk, at the Civic Center, until' 10:00 AM on the 20th day of November 19 79 . Thereafter, the bids will be opened by the Pijnpnp A- Dip t�z and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 PM on the 20th day of November , 19 79 . llecelvs l 8, Ppprovel By The Legal Department 1a- :ZZ 6?/U Page 2 Resolution No. 79-515 It was moved by Balmer and seconded by Roberts that the Resolution as rea e�opte3, and upon roll ca t ere were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 30th day of October , 1979. MAYOR ATTEST: CITY CLERK 10/9 RESOLUTION NO. 79-516 RESOLUTION SUPPORTING STATE LEGISLATION TO REGULATE THE TRANSPORTATION OF RADIO- ACTIVE 14ATERIALS IN THE STATE OF IOWA. WHEREAS, Interstate 80 is rapidly becoming a major route for the transport of radioactive materials, and WHEREAS, current safety controls have proven inadequate to ensure the safe transport of this dangerous material, and WHEREAS, I-80 lies within the Iowa City limits and any accident involving radioactive substances in our city would be a great health hazard for our citizens, NOW, THEREFORE, BE IT RESOLVED that the City Council of Iowa City, Iowa supports the passage of appropriate legislation for the monitoring and control of the transportation of radioactive substances within and through the State of Iowa and urges the Iowa Department of Environmental Quality to consider the suggestions of IPIRG and ACORN,which include the establishment of a permit requirement, in pursuing such regulatory legis- lation in the interest of a higher standard of health and safety for the citizens of Iowa. It was moved bydeP osse and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X_ Balmer x deProsse x Erdahl x Neuhauser x Perret Roberts _x x Vevera Passed and approved this 30th day of October , 1979. MAYOR 7 � ATTEST: ,(J�l CITY CLERK RECEIVED & APPROVED 8Y THE LEGAL DEPART1t Z /g z=o No. _ 44 _ . $ _ 34 L7.5-5. 3Q 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, Iowa , its successors or assigns, tFe sum -(5f -5,30 w�tNinterest 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 July 5 , 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. 1N WITNESS WHEREOF, the instrument to be executed by Clerk ait the seal of said Of �4rL_ --, 1979. (SEAL) ATTEST: P C-- - City of Iowa City has caused this its Mayor, and attested by its City affixed as of the ja!ncfday CITY /F IOWA CITY IOWA Mayor This instrument resented and not paid for want of funds this a ,,,,,qday of City Tre5turer ANLERS. COONEY. DORWEILEII. HAYNIE S SNIIN. LAWYERS. DCB MOINES. IOWA ASSIGNMENT The attached Construction Warrant in the amount of $ is hereby assigned to in consideration of receipt by the undersigned rom 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.) ANLERE. GOONEY, DORWEILER. HAYNI[ • $MITN. LAWYERS, DEE MOINC{. IOWA 113-1j Council Member Balmer introduced the following Resolution entitled RESOLUTION 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: Perret, Roberts, Vevera, Balmer, deProsse, Erdahl, Neuhauser. NAYS: None. Whereupon, the Mayor declared the following Resolution duly adopted: 79-517 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: Metro Pavers $ 34,755.30 -2- AHLER6. COONEY, DORWEILER. HAYNIE • SMITH. LAWYERY. DEY MOINES. IOWA /3-0-1/ 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 04 Metro Pavers -3- DATE AMOUNT 10/22/79 $34,755.30 AHLCRS. COONCY. DORW[IL[R. HAYNI[ • SMITH. LAWYCRs. Des MoIN[e. IOWA /32/ Page 2 Resolution No. 79-517 It was moved by Balmer and seconded by Roberts that the Resolution as rea ebb adopte3, and upon roll ca t ere were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 30th day of October , 1979. MAYOR ATTEST:PRII, 1, Jtda-) CITY CLE PASSED AND APPROVED, 19 79_. ATTEST: 1.� ' / .tee Clerk (SEAL) this 30th day of October mayor -4- AHLERS. GOONEY. Donw EIL[R. HAYNIE S SMITH. LAWYEFS. DEB MOINES. IOWA /3-2/ 'r -e'4 /, CL RFS=ION No. 7 9 - 518 RESOLDTICN ACCEPTING SANITARY SEWER IN MT. PROSPECT, PART IV WHEREAS, the Engineering Department has certified that the following umpxvverents have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer for Mt. Prospect Addition, Part 4, as constructed by Knowling Bros. Construction Co. of Iowa City, Iowa. AND WHEREAS, Maintenance Bonds for Knowling Bros. Construction are on file in the City Clerk's office, NOW THErEF'ORE BE 1T RESOLVED by the City Council of Iowa City, Iowa, that said improvarents be accepted by the City of Iowa City. It was moved by Balmer and seconded by Erdahl that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 6th day of November , 19 79 . ATTEST: Mayor City Clerk Received & Approved By The Legal Department �6 /�i--7-� CITY Cir IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT October 31, 1979 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 for Mt. Prospect Addition, Part 4, as constructed by Knowling Brothers Contracting Company of Iowa City. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, f Eu/gene A. Di Z, P. E. City Engineer bj3/11 RESOLUTION NO. 79-519 RESOLUTION ACCEPTING THE WORK WHEREAS, the Engineering Department has recommended that the im- provement covering the Service Building Sanitary Sewer Project as included in a contract between the City of Iowa City and Rick Company of Toledo. Iowa. dated June 6, 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 byg and seconded by Erdahl that the resolution as reg -e a opte , and upon roll call there were: AYES: NAYS: ABSENT: BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA X Passed and approved this 6th day of November - , 19 79 � Mayor ATTEST: City Clerk Received S Approved By The Legal Department // - w A ,3.7.3 CITY Or IOW/-\ CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT October 29, 1979 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. Service Building Sanitary Sewer Extension as constructed by Rick Company, Inc. of Toledo, Iowa. The final cost was $19,293.15 the same as the contract price. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer bdw1/6 IJOP Council Member Roberts introduced the following Resolution entitled 'RESOL TU fON DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT", and moved its adoption. Council Member Balmer seconded the motion to adopt. The roll was called and the vote was, AYES: deProsse, Erdahl, Neuhauser Roberts, Vevera, Balmer NAYS: None Whereupon, thee�ayor declared the following Resolution duly adopted: 79-520 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 (7S) 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: I1Z03A -2- AHLERS. COONEY. DORWEILER. HAYNIE 65MIT H. LAWYERS. DES MOINES. IOWA No. _per $_2,255.55___ 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 Cedar Hill Constr. of Oxford, Iowa , its successors or assigns, e sum of $_2 25&5 ofwits interest thereon at the rate of seven percent. (79) 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 06_21 , 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 instrument to be executed by Clerk with the seal of said of ya Jam.- - --' 19 y') . (SEAL) Clerk City of Iowa City has caused this Its Mayor, and attested by its City affixed as of the 15.f day CITY OF IOWAA CIITYY, IOWA Mayor This instrument Presented and not paid for want of funds this /r_L day of , t. (� �J 19%%. Cit Tre surer AHLERS. CoON[Y. DoNW(Il[,1. HAYNI[ O SHAH. LAWYER@. D[• MOINC5. IOWA ,�221 ASSIGNMENT The attached Construction warrant in the amount of $ , is hereby assigned to in consideration of receipt by the undersigned from saw - 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 S SMITH. LAWYER®. DES MOINES. IOWA /30?/4f- 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 05 Cedar Hill Construction -3- DATE AMOUNT 11/01/79 $2,255.55 AHLERS. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DES MOINES. IOWA PASSED AND APPROVED, thiS 6th day of November 19 79 . — Mayor ATTEST: r .�&- Clerk (SEAL) -4- AHLERS. COONEY. DORWEILER. HAYNIE 5 SMITH. LAWYERS. DES MOINES. IOWA RESOLUTION NO. 79-521 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A GRANT OF AN EASEMENT TO NORTHWESTERN BELL TELEPHONE COMPANY FOR THE CONSTRUCTION OF PEDESTAL TERMINAL IN THE SOUTHWEST CORNER OF CITY PARK. WHEREAS, Northwestern Bell Telephone Company has proposed the removal of two poles and five quy wires in the southwest corner of City Park in exchange for the right to construct a pedestal type terminal and control box on a 5 foot by 5 foot concrete pad in the same area of the park; and WHEREAS, the City of Iowa City finds it in the public interest to grant an easement for the construction of said terminal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the Mayor be authorized to sign and the City Clerk to attest the grant of an easement to Northwestern Bell Telephone Company for the construction of a pedestal terminal in the southwest corner of City Park. It was moved by Balmer and seconded by Roberts that the resolutionas read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse �- Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 6th day of November 1979 1 M YOO ATTEST: 1, t Zz, CITY CLERK EASEMENT The City of Iowa City, Iowa, in consideration of the sum of One Dollar ($1.00), receipt whereof is hereby acknowledged, does hereby grant to the Northwestern Bell Telephone Company, a corporation, its successors and assigns, the perpetual right to construct, operate, and maintain its telephone and telegraph lines consisting of buried cables and terminals under, upon or adjacent to that certain piece of real estate hereinafter described, in the following manner: The placement of a pedestal type terminal and associated cables mounted on a 5 foot by 5 foot concrete pad located on the East 10 feet of the West 59 feet of the North 19 feet of the South 49 feet of Sec. 3. The foregoing right is granted upon the expressed condition that Northwestern Bell Telephone Company will assume liability for all damage to the hereinafter described property caused by said company's failure to use due care in its exercise of the granted right. The real estate above referred to is specifically described as follows: A tract of land in the SW Corner of Out Lot 5, SW 1/4 SW 1/4 Sec. 3 T 79 N R 6 W in the City of Iowa City, Johnson County, Iowa. Dated this 6th day of November, 1979. CITY OF IIOWA CITY, IIOOWWA: ATTEST: e CITY CLERK NORTHWESTERN BELL TELEPHONE COMPANY: By • TITLE'-- By: TITLE RESOLUTION NO. 7 9- 5 2 2 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED AGREEMENT WITH CEDAR RAPIDS AND IOWA CITY RAILWAY COMPANY WHEREAS, the City of Iowa City, Iowa, has negotiated an amended agreement with Cedar Ra ids & Iowa Cit lailwa Co. , a copy of said amended_aoreement being at to s ResO u on s reference made a part Fiereo , and, WHEREAS, the City Council deemB it in the public interest to enter into said amended agreement with the Cedar Rapids and Iowa City Railway Companv for River Corridor Sewer 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 amended agreement with Cedar Rapids & Iowa City Railway Co., 2. That the City Clerk shall furnish copies of said amended agreement to any citizen requesting same. It was moved by Balmer and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDHAL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 6th day OOfNoveemmbee/r 1979, Mayor ATTEST: City Clerk Received & Approved By.pe e Legal Department �v l a °= BEST DOCUMENT AVAILABLE FMENDiMENT TO IGREEMENT FILED N' . _- 5.067 0008 1979NOV 20 AN 8:39 REEURDE NON CO.. The CED -R R PIDS 'ND IOAI CITY RrILA'FY COMPFNY (here- inzlter celled the "Rz,ilway Company) hereby licenses the CITY OF IOW1' CITY, I01-,. (hereinafter caLler "City") to install, maintain, and use storm sewer pipe (hereinz.fter called "Facil- ity") in the ecsement described as follows, and subject to the terms in the said easement, as well as to the terms that follow in this document. This amendment includes the location listen below, which is in addition to the other six (o) locations previo-isly listeJ in the original Agreement, dated June 27, 1975. Easei;.ent to instuLl, m,.intain vnd use storm sewer, located as follows: 7.) In CzpitoL Street from .pjroximateLy 207 Leet south of the south richt-of-wzy line of Benton Street to e. point approxirr.-teLy 475 feet south of the south rioht-of-way line of Benton Street. ShouL,i the Licensee at eny time violate any of said terms or conAtions, or use or etteu:pt to use said facility for any other or „iizerent purpose then that above specifieu, then the R,ilway Compzny may, zt its option, immediately revoke the License. For the privileges herein permitted, the City has paid to the Railway Company a fee of One Hundred Dollars ($100.00) for prepzrztion of this instrument, receipt whereof is hereby a, -know 1 edc. ed . The forecoing License is subject to the following condi- tions. First; The Railway Superintendent will be provider, prior to ueginninc pork, i-ith the name, phone number, and erldress of the city's enc contractor's representatives who will oe in ,hers,: or the sever construction. seconc; The City will require its' contractor to use a1L re.son. ble c,re to zvoid accident, damage or deluy to the Rzilwzy's treins or other property as determined by the Rail- ,ry's Superintenuent or his representative. The Railway Super- Lntenuent or his representative will have jurisdiction over -ons truction s.iety which i -ry zffect the szfety of Rz- ilvzy's operation and his decision sh2.11 be iinz,l. The City sha1L be ii,ble for my _anage incurred due to sewer construction. 257 -1- _OoGUME NT AVAILABLE Thirc: The Railway Company ct its' option, n,ay require flagmen be present to protect Railway's property and inspect the construction. The City will promptly reimburse the Railway for e;penses incurred with the inspection and flagging of the construction areas. Fourth: The said Licensee will give to the Superinten- rant of the Railw..y Compzny at least ten (10) days' notice in writing before entering upon the right-of-way at each crossing location of the Reilway Compamy for construction purposes, or for the purpose of making necessary repairs. Work at each crossing shall be completed and cleaned up to the satisfaction of the Railway's Superintendent within thirty (30) days of the time it w,.s begun. The Railway Superintendent must be notified and approve any variation of the completion date. The Railway Company reserves the right to judge of the necessity of repairs to said facility, and to require the Licensee to make such re- pairs upon ten (10) days' notice in writing. In such case, said Licensee may enter upon said right-of-way without the teu (LO) days' notice above referreu to, and shall proceed forthwith to mike such repairs, and upon failure to do so within ten (LO) jays, the Railway Company snE.11 have the right to make saiu re- pairs and collect the entire cost thereof from the Licensee. The R-ilway Company reserves the right, in case, in its opinion, the safety of its tracks or property demands it, to make emer- gency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. Fifth: It is understood by the Licensee that said fa— cility is subject to and may increase the dangers and hazards of the operation of the railroad of the Railway Company, and that this License is subject to all risks thereof. The facility it- self shall be and remain the property of the Licensee and any and all claims caused by its use or maintenance shall be the responsibility of the Licensee, and not the Railway Company. Sixth: Tne Railway Company reserves the right to use, occupy and enjoy its tracks, property and right-of-way, for such purpose, in such manner, and at such time as it shell desire, the same as it this instrument hod not been elecuted by it. If any such use shall necessitate any chance in the location or construc- tion oz said facility, or any part thereof, such change shall be ni..de oy the Licensee, at the ehpense of the Licensee, upon demand of the Railway Company, and the said Railway Company shall not be liable to the said Licensee on account thereof, or on account of any damage growing out of any use which the Railway Company may make of its said tracxs, property and right-of-way. Seventh: The Railway Company shall have the right at any time by diving ninety (90) days' notice in writing to the Licensee to require the Licensee, at its eypense, to re -arrange or i.ovc this facility so as to conform to changes the RGilway 258 -2- BEST. DOCUMENT AVAILABLE ComFsny may desire to cake in its track arade, track location or 11 in or any other chanL,es Rzilway Corktzny m:,y desire to make in its property &t this point. Eighth: Tnere shell be no construction on the Railway's riynt-oi-way between sunset Lnc, sunrise. rlso, the contractor shall proviue ien,c, barrica.ccs, warning Lights, zinc, any other suitzble satety rjrliznces to prevent access of unauthori_>.eu Fersons to site where work is in progress. Nineth: Tae contractor shell not stockpile or store material or debris on the right-of-way of the Railway. Tenth: The contractor shall hove in force, Public Li- ability Insurc.nce, per person in the amount of One Hundred Tnousanu Dollars ($100,000.00) ane; per occurence in the amount of Three Hundred Thousand Dollzrs ($300,000.00). Eleventh: The waiver of a breach of any of the terms ana conditions hereof shall be limiter to the act or acts con- stitutino such breach, and shall never be construed as Deine a continuing or perm,nent waiver of any such terms or conditions, c11 oc which sh,.11 be and remain in lull force and elfect es to future acts or happenings, notwithstandinq any such wziiver. Tvellth: This License is personal to sziu Licensee and is not assignable or transterzble, without the written consent OA: the Railway Cocrprany being first obteineo. IN WITNESS F.HEREOF, this instrument is erecuteu this /Z �L lay of cTu•' L—, 1:75. CO Ji OR AL SEAL CEDrR HLCEDrR By_ ATTEST: ?ssistant Secretary The undersigned, License, hereby zccepts tions therein stated. WITNESS: AND IOWi% CITY RAILWAY COMPANY VICE PRESIDENT AND SECRETARY the Licensee cuentioned in the foreeoing the same, subject to the terms nd condi- Ia 2 S U rN /� $ECEIVu & 9PPR0'� ' By ar2E IZEGAL DT0'T1Jsilyl1'E 7A,rs410a Avf /fJossa�au s auaj -74111 u/Aoyv aDroa_/ Pzwv anouJaL T g o tiT v i ED � •nj•7nJ{S• /a/v/ �� uo/rn//od JafoM / 'A7MC7 aaS al. /CC X-JR7AOdWa1— p/_ •6m p aas ' Uo!�7auuo•� AatiraC u pink a6Dio/s �'aoL soti � I JDa7lL9,9 a6o�D�s Ja/ioi{ ltuas �/' .�an+a,5a/DA/ice .3 -?dJnlsnarJs �drs�ds b �v/onilS vir i.�2ir •uo/�aauuoo doaP asn 'hf" M.941 olf .6u/,15/xa 10011u0,2 6uip°off _ brio/d . a/aJauo� -KIN hpnaZ/ o/ ssa77n ulo/wo/iy�'•- - sdu/nd sogpauopungd "AJ 1 aW7/ar,J1.9 ;/O-7NAI •410.110n-1fSuo-) f✓� a/.Jnp r a/oyuvw aacaw Aa�.vn� ��afoud� am/ anJfS JOJ .aN C� I. Q0 l C9 /:�&�'/1 e, RESOLUTION NO. 7 9- 5 2 3 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH SHIVE-HATTERY AND ASSOCIATES WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with - a copy of said io t n being atta to tKlXs Renou on this'reference made rWe—of, and, WHEREAS, the City Council deans it in the public interest to enter into said contract with Shive-Hattery and Associates for soil testing and surveying services on the North Branch Detention Structure of Ralston Creek NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the contract with 5hive-Hattery and Associates 2. That the City Clerk shall furnish copies of said contract to any citizen requesting same. It was moved by E r d a h l and seconded by N e u h a u s e r the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Passed and approved this 6th day of November , 19 79 ATTEST:Z"L'j Ycr City Clerk Received & Approved By The Legal Department AGRl1 MENT This Agreement, entered into this 6th (lay of November 1 1979, beLween the City of Iowa City, a municipal corporation, hereinafter referred to as the city and Shive-flattery and Associates, of Iowa City, Iowa, hereinafl,er referred to as the Consultant. Such contract of employment to be subject to the following terms and conditions and stipulations, to -wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual preference. I. SCOPE OF SERVICES The Consultant is to provide the following soil investigation and surveying services for the North Branch Dam on Ralston Creek. SOIL INVESTIGATION SERVICES General boring I woorkidatall project site, perform equipment llaboratoryo tests, andsoil prepare engineering report. 2. Number of borings: 6 as shown on the attached figure. Additional borings may be requested by the Engineer if unfavorable soil conditions are encountered. 3. Location of borings: as shown on the attached figure. All borings are located on private property. City of Iowa City will obtain permission of property owner for access of boring rig. Exact location in field may be varied slightly from locations shown. Borings may be located approximately by measuring from apparent property lines as shown on the attached figure. A plan drawing of the actual boring locations shall be included in the report. Additional borings may be required in the groin area of the embankment and it may be necessary to do laboratory permeability tests on proposed embankment materials in order to predict seepage characteristics. The need for these tests shall be coordinated with Stanley Consultants. 4. Required depth of borings: as shown on the attached figures. Depth of hole shall be measured from existing ground surface. Consultant shall determine elevation of ground at boring locations. 5. The engineering analysis and recommendaLions should include settlement predictions, seepage characteristics of both natural and embankment materials, and a stability analysis of embankment materials. The Consultant should provide a typical cross section of the proposed embankment which will include typical side slopes, general embankment composition and any special drainage requirements. T 2 Contact the following person at Stanley Consultants 24 hours prior to starting field borings: Bennett Reischauer Stanley Consultants, Inc. Stanley Building Muscatine, Iowa 52761 319/264-6312 Drilling Requirements 1. Method of drilling is optional; method shall provide clean hole with undisturbed soil for sampling. 2. Measure ground water level in all holes except when maximum depth is reached prior to encountering ground water. Measure elevation when first encountered and 24 hours after completion of boring. 3. The Contractor shall fill each boring hole after receiving approval from the Engineer. Boring holes shall be covered until filled. Sampling Requirements 1. In granular soils, obtain 1 3/8 -inch diameter split spoon samples in accordance with ASTM D1586 (including standard penetration test records). 2. In cohesive soils, obtain 2 -inch diameter thin wall tube samples in accordance with ASTM 01587. Obtain samples for consolidation tests with 3 -inch diameter thin wall tube. 3. Obtain samples at every 5 -foot depth and at changes in character of material. Tes ti nc—RecLui rements 1. Perform sufficient testing of samples obtained from the borings to properly classify soil in accordance with the Unified Soil Classifi- cation System. 2. Conduct unconfined compression tests, ASTM D2166, on representative cohesive soil samples, except only maximum strength and initial moisture and density are required. 3. Perform consolidation tests on samples from Boring Nos. A1, A2, and A3 per ASTM D2435 (except time versus deformation data is not required), if needed to estimate settlement of the embankment. 4. Perform sieve analysis of granular deposits encountered per ASTM D422., except hydrometer analysis portion of test is not required. 5. Obtain Atterberg limits per ASTM D423 and 0424. 6. Perform standard Proctor compaction test in accordance with ASTM D698 on material from borings A4, A5, and A6. 7. Determine natural water content of soil in borrow area. Soils Report Submit two preliminary review copies of the Soil Investigation Report to Stanley Consultants for purposes of coordinating the project construction requirements with soil conditions encountered. After review, submit ten final copies of the report to Stanley Consultants and 5 copies to the City. The report shall include the following: 1. Boring logs which shall include data required by ASTM 01586 as applicable for tests required under these requirements. 3 2. RosulLs of all uLher tosts required horein. 3. Estimated cohesion and friction angle of soils encountered. 4. Estimated permeability of foundation and embankment material based on examination of material and soil classification. 5. Proctor density curves for embankment material. 6. Estimated shrinkage of borrow material when placed in the embankment. 7. Estimated amount of settlement after completion of embankment. 8. Recommendations regarding proposed dam design and any special precautions or additional tests which should be undertaken. SURVEYING SERVICES General —a — rhis survey is required for the design of a dry dam on the North Branch of Ralston Creek in Iowa City, Iowa. Survey notes will be used to develop final construction plans for the proposed dam. Survey control shall be as follows: For horizontal control use the quarter section line running north - south from Seventh Avenue and for the east -west line use the quarter section line at approximately the end of Woodridge Avenue. Vertical control - Shall conform to the elevation used by Tri-State Aero Engineering Services when they prepared two foot contour maps for the City of Iowa City. Shive-Hattery shall contact Tri-State to determine the exact location of these control points. Baseline Services Run baseline survey to obtain exact distances and ground profile as shown on the attached figure. The angles and lengths for the baseline shown on the attached figure are scaled from the figure and are approximately only. Orient the survey so that the dam and spillway will be located as shown on the figure. Complete the loop on the baseline survey so that angles and lengths can be checked. Locate by stationing and tie baseline to existing roads, driveways, culverts, utility poles, manholes, creekbed, trees larger than six inches in diameter, clumps of smaller trees, and other similar items. Survey one cross section each 100 feet in the area where the dam will be built. Cross sections should extend 200 feet on either side of survey centerline. Provide sufficient POT's and PI's to re-establish survey lines at some future date. Turn angles at PI's. Reference all PDT's and PI's with a minimum of three ties. Creek 5urvey Run base line survey along creek in area shown on attached map. locate creek from baseline. Determine creek bed profile with a minimum of one elevation measurement every 50 feet along the centerline of the channel. Locate by stationing and tie to baseline trees larger than 6 inches in diameter, clumps of smaller trees, roads, culverts, drainage the outlets, and other similar items. An existing sanitary sewer is located adjacent to Ralston Creek. Record invert elevation for each manhole located within limits of creek survey. Survey one cross section each 100 feet to extend a minimum of 50 feet on each side of center of creek. 4 Iand Acquisition Prepare legal descriptions of land to be acquired by purchase or easements. Other In addition, the Consultant will provide specific consulting or testing services in addition to any of the above or any other related items at the City's request. GENI RAL -11-RMS 1. The Consultant or the City may terminate this Agreement upon seven (7) days notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, the matter shall be resolved by the procedures of the American Arbitration Association. 2. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the Federal government, the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 4. It is understood and agreed that the employment of 'the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance, and all clerical details involved in their employment. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. 8. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. r 3. A-,,,ist- the Coll-AllL.uit by pl.n:ing it his di'.pnsal all available infurnwLion prrLinf,nt to the ,i to of the project including previous rrporLs and any other data relative to desiyn and construction of the Project. 4. I•lake all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. IV. TIME OF PERFORMANCE The Consultant shall complete the soil investigation portion of the contract within sixty days after notice to proceed. If soil conditions prevent access to the site this time period shall be extended upon request of the Consultant and upon concurrence of the City. Surveying services shall be coordinated with Stanley Consultants and done on a time schedule so that Stanley's work under a separate contract is not delayed. V. COMPENSATION FOR SERVICES The costs for geotechnical engineering and technical personnel services, other than field exploration and laboratory testing will be based on direct personal expense times a 2.19 multiplier. A copy of the current direct personal expense rate is attached as attachment number 1. All field exploration and laboratory testing will be provided at the current standard unti prices a copy of which is attached as attachment number 2. The total for all laboratory and soil investigation services shall not exceed $ 6,900.00 Surveying services and other services shall be based upon direct personal expense times a multiplier of 2.19. There is no "not to exceed" on this portion of the job. Reimbursable expenses shall be paid as a separate cost above and beyond any "not to exceed." Reimbursable expenses shall include the following: a. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for Consultant's office use. The Consultant shall submit monthly statements for services rendered and for reimbursable expenses incurred. For services based on direct personal expense x a multiplier, monthly statements will be based upon actual hours worked. The City shall make prompt monthly payments in response to these statements. 6 flip. undersigned do hereby .tate_ that Lhis agreement is executed in Lripli(Ae, as though path were an original and that there are no oral agrt:f-mi its that have not been reduced in writing in this instrument. FOR THE C1FY: ATfEST: CCA RK STATE OF IOWA ) ) ss JOHNSON COUNTY ) SHIVE-IIATTERY CONSULTANTS l On this �_a� day of -- 1979, before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. No ary Public in and for Johnson County, Iowa STATE OF ss COUNTY OF _ ) On this q ay of 1979, before me, the undersigned, a N�ry��ublic irl a� said County and said State, personally appeared and to me personally known, whoiing by me duly sworn, did say that they are the and _ , respectively, of said corporation; that (the seal affixed thereto is the seal of said) corporation; that said instru- ment was signed and sealed on behalf ofsa corporation by authority of its Board of Directors and that the sai f• and as such officers, acknowledg the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Not ryPu in and for said County a tate "r G:' Vi�� :iu� l:il:''iT ATTACHMENT N0. I (Through December I, 1979) Grade 7 Engineer 20.30 Grade 6 Engineer 15.58 Grade 5 Engineer 14.08 Grade 4 Engineer 12.02 Grade 3 Engineer 10.75 Grade 2 Engineer 9.82 Grade E Technician 11.58 Grade D Technician 9.31 Grade C Technician 7.22 Grade B Technician 5.66 Grade A Technician 4.32 3 -Man Survey Crew 21.74 2 -Man Survey Crew 16.75 SHIVE-HATTERY& ASSOCIATES eATTACHMENT NO. 2 SHIVE-HATTERY & ASSOCIATES CJNSiJLT/NG ENGINEERS SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES JANUARY 1, 1979 (7.VN IM A T. Mobilization Charges - Based on round trip mileage From Nearest Office Private Automobile or Auxiliary Vehicle Drill Rig (minimum Charge of $100.00) Per Diem Rate (Charge if site is more than 40 miles from, nearest office), per individual All Terrain Vehicle Utilization Boring Location Survey Stand -By Time, in excess of normal set-up time, as a result of clients request or action Truck All Terrain Vehicle Speci-)lized Drilling Equipment, Equipment for Moving Drilling Equipment at Site, Permits, Etc. SOILS - FIELD Auger Drilling - Hollow Stem Augers Structure Boring - Utilizing Standard Penetration Test (2-1/2 intervals to, 15' S' intervals to 501, 10' intervals thereafter) 0' - 25' 25' - 50' 50'+ $ .20/mile 1.25/mile 25.00/day 100.00/day 50.00/hour 60.00/hour 75.00/hour Cost + 15% 5.50/foot 6.00/foot 6.80/foot CE;.4RRA?..'.S DAJ°NPOPT DES W)INFi DURIJOUF II IAA[)I;OW IOWA(:IlY VIN ION Schedule of Genera Field and Laboratory Fee; January 7, 1979 11.1,1t. Two Auger Drilling -'Solid Augers Profile Boring - Samples at 5' intervals to 50', 10' intervals thereafter 0' - 25' $ 5.00/foot 25' - 50' 5.50/foot 501+ 6.30/foot Profile Boring - Without samples, defining top of rock and water table 0' - 25' 4.50/foot 25' - 50' 5.00/foot 501+ 5.30/foot Wash Boring, Surcharge 0', - 25' .75/foot 25' - 50' 1.00/foot 501+ 1.25/foot Hourly Drilling Rates Truck and One Technician 50.00/hour Truck and Two Technicians 60.00/hour All -Terrain Vehicle, Surcharge 100.00/day Hard Auger Drilling - Through weathered rock or material consisting primarily of broken rock, concrete, rubble fill, etc. (Standard Penetration Resistance > 50 Blows Per Foot) 11.00/foot Rock Drilling Bitting 14.00/foot Coring, NWV Size 17.00/foot Set Up/Boring 45.00/each Requiring use of auxiliary water 30.00/day source, additional SHIVE•HATTERY& ASSOCIATES Schedule of Genera Field and Laboratory Fee. January 1, 197.9 Page Three Samping and Testing Additional Standard Penetration Tests $12.50/each Shelby Tube ("Undisturbed"), 2" or 3" diameter 12.50/each Large Volume Bag Sample 15.00/each Rimac Unconfined Compression Value 4.00/each Hand Penetrometer Value 1.50/each Vane Shear Value, Torvane 5.00/each Seismic Refraction Testing Equipment Cost 100.00/day Test 75.00/each Slotted Well Point Installation, In Drilled Bore Hole Set Up/Well Point 60.00/each Material Cost - 2" 2.50/foot Material Cost - 3" 4.50/foot SOILS - LABORATORY Shelby Tube Extrusion, Sample Preparation, and Logging 7.00/each Natural Moisture Content 2.00/each Dry Unit Weight, Shelby Tube Specimen 2.00/each Atl,crberg Limits LL, PL, PI 25.00/set SL 15.00/each Mechanical Analysis Hydrometer 25.00/each Sieve 20.00/each Sieve, Washed Over #f200 25,00/each Combined Hydrometer/Sieve 42.50/each Specific Gravity 20.00/each Unconfined Compression Testing Soil W/O Stress - Strain Curve 10.00/each W/Stress - Strain Curve 15.00/each Rock, including cutting and capping 25.00/each SHIVE-HATTERY& ASSOCIATES Schedule of Genera Field and Laboratory Fee January 1, 1979 Page Four Compaction Testing (Proctor) Standard $65.00/each Modified 75.00/each Relative Density, Maximum/Minimum 75.00/each California Dearing Ratio (single point) 70.00/each Consolidation Testing, including e - log p curve Loading Cycle - 1/4, 1/2, 1, 2, 4, 8, 16 150.00/each tsf, Typical Unloading Cycle - 8, 4, 1 tsf Typical 50.00/each Additional Load or Unload Increments 15.00/each Time Ratio Curve, Per Load Increment 12.00/each Triaxial Testing Unconsolidated - Undrained (Q) - 3 Specimens/Test 175.00/test Consolidated - Undrained (R) - 3 Specimens/Test 225.00/test Consolidated - Drained (S) - 3 Specimens/Test 275.00/test Additional for Pore Pressure Measurements 175.00/te8t Permeability Testing Falling Bead or Constant head 80.00/each Pock Quality Designation (RQD) Determination 5.00/each Lemolded Sample for Test Purposes 30.00/each Unified or AASHTO Classification, Additional to Required Testing 2.00/each ph Determination 15.00/each Sulfate Determination 20.00/each Other Chemical Contents On Request MATERIALS - FIELD Coring of Concrete or Asphalt Equipment Cost (per inch diameter per inch core) 1.25 Generator or Skater Source 15.00/day Swiss I[ammer, Compressive Strength 10.00/test SHIVE•HATTERY& ASSOCIATES Schedule of Genere January 1, 1979 Page Five Nuclear Densometer Field and Laboratory Fee Equipment Cost - Hourly $ 5.00/hour 100.00/week Equipment Cost - By Test 3.00/each Pachometer (size and location of reinforcing steel) 25.00/day MATERIALS - LABORATORY Concrete - Cylinders (6" x 12" Nominal) Mold .60/each Break, including curing, capping, and reporting 4.50/each Hold, cured but not broken 3.00/each Unit Density 1.00/each Mix Design Development of Theoretical Mix Design 100.00/each Certification of existing design 65.00/each Trial Batch, including 6 test cylinders and molds 165.00/each Cut Specimen Absorption 10.00/each Unit Density 9.00/each Trimming 7.50/cut Break, including curing, capping and reporting 10.00/each Block Testing Single Block - Break 15.00/each Prism - Break 20.00/each Absorption 10.00/each Net Area Determination 15.00/each Beam Testing Flexural Strength, including net area determination 20.00/each Molding Equipment 4.00/each SHIVE•HATTERYQ ASSOCIATES Schedule of Generz January 1, 1979 Page Six Asphalt - Field and Laboratory Fee_ Flash Point Determination $50.00/each Extraction (Centrifical Method - $10.00 Additional) 55.00/each With Gradation 75.00/each Marshall Density (3 specimens), mix provided 30.00/each Cut Specimen Unit Density 9.00/each If more than 3 specimens 6.00/each Roofing Sample, Quantitative - New Roof 175.00/each Roofing Sample, Quantitative - Existing 225.00/each Roof Aggregates - Bulk Specific Gravity (SSD) 25.00/each Absorption 20.00/each Dry Rodded Unit Weight 18.00/each MISCELLANEOUS INSPECTION Caissons, piling, or earthwork inspection will be charged utilizing standard hourly rates of required technical personnel, including travel time. Equipment costs will be charged at the rates outlined above. Additional o- special testing rates will be quoted on request. SHIVE•HATTERY3 ASSOCIATES RESOLUTION NO. 79-524 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Earle N. Gruesking dba Dividend Bonded Gas, 302 S. Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of November 1979 Attest: City Clerk 13aF RESOLUTION NO. 79-525 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Earle N. Gruesking dba Dividend Bonded Gas, 302 S. Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th 1419 Attest: City Clerk day of November /31?9 RESOLUTION NO. 79-526 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, The House of Submarines at 12 South Dubuque Street in Iowa City, Iowa, has surrendered cigarette permit No. 80-106 , expiring June 30 , 19 79 , 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. 80-106 , issued to Hawkeye Amusement, Hagen Electronics, Inc., dba The House of Submarines. 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 toHawkeye Amusement, Hagen Electronics, Inc. as a refund on cigarette permit No. 80-106 . It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES:NAYS; BA SENT: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 13th day offf November , 19 79 Mayor Attest: /33 G RESOLUTION NO. 79-527 RESOLUTION AUTHORIZING THE CITY CLERK TO SET A PUBLIC HEARING ON WHETHER A BEER AND LIQUOR LICENSE ISSUED TO MAG00'S, INC. D/B/A MAGOO'S SHOULD BE REVOKED OR SUSPENDED FOR VIOLATION OF SECTION 123.96 OF THE CODE OF IOWA. WHEREAS, on March 17, 1978, the City Council issued a liquor control license to Magoo's, Inc. d/b/a Magoo's for the purpose of selling or dispensing alcoholic beverages pursuant to State and local laws, and WHEREAS, pursuant to State law and municipal ordinances the City Council may suspend or revoke any beer and liquor license issued for violations of State and local laws, and WHEREAS, the Police Chief has alleged that Magoo's, Inc. d/b/a Magoo's has violated Section 123.95 of the Code of Iowa, tax on beverages sold for consumption on the premises, on October 17, 1979, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA That the City Clerk notify the licensee that a public hearing will be held on December, 4, 1979 on whether the liquor control license issued to Magoo's, Inc. on March 17, 1978 should be suspended or revoked; and Further, that the City Clerk give written notice to Magoo's, Inc. d/b/a Magoo's of said hearing. 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 deProsse _ X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 13th day of�Novemb Beer 1979.. MAYOR ATTEST: cL C TY CLERK J % RECEIVED & APPROVED BY THE LEGAL DEPARTMENT 1-331 RESOLUTION N0. 79-528 RESOLUTION ACCEPTING THE WORK MERCER PARK BASEBALL DIAMOND LIGHTING PROJECT. WHEREAS, the Engineering Department has recommended that the im- provement covering the Mercer Park Baseball Diamond Lighting as included in a contract between the City of Iowa City and Fandel, Inc. of Cedar Rapids. Iowa dated August 12, 1977 , 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 Roberts that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 13th day of November- 1979• % � Mayor ATTEST: / , City Clerk 14 Received & Approved By The Legal Departnienf /3 3-Z- RESOLUTION NO. 79-529 RESOLUTION APPROVING AN AMENDED FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT FOR WHEREAS, the owner, T 'n Cae Inc. has filed with the City Clerk of Iowa ty, owa, an application or appro�al for a large scale residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Lot 90, Ty'n Cae, Part II, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 17, page 24, Plat Records of Johnson County, Iowa. 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 1:4 Public Works Department have examined the proposed/larded kale residential development and have approved the same; and, ame e WHEREAS, the said/1p6i esdcale 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. mended j WHEREAS, said/large scale residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. ,/.8.33 Resolution No. 79-529 Page 2 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/Targeescale residential development. mended 2. That the said/large scale residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale 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 13th day of Novembe r , 19-7-2. It was moved by Roberts and seconded by Balmer that the Resolution as re—a a adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA MAYOR ATTEST: CITY CLERK Received & Approved By The Legal Department jF '1-3354 I RESOLUTION NO. 79-530 RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT AND SUBDIVISION OF LOT 90, TY'N CAE, PART II WHEREAS, the owner and proprietor, Ty'n Cae, Inc., filed with the City Clerk the Preliminary and Final Plat and Subdivision of Lot 90, Ty'n Cae, Part II, located on the following described real estate in Iowa City, Johnson County, Iowa, to -wit: Lot 90, Ty'n Cae, Part II, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 17, page 24, Plat Records of Johnson County, Iowa. WHEREAS, said real estate is owned by the above named corporation, and the dedication has been made with the free consent and in accordance with the desire of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa as amended and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the Planning and Zoning Commission which recommended that said plat and subdivision known as Subdivision of Lot 90, Ty'n Cae, Part II, be accepted and approved. WHEREAS, the owner and proprietor has previously submitted an agreement for the installation and construction of municipal improvements within said subdivision, and whereas such agree- ment has been executed by and on behalf of the City of Iowa City. Rec?iv^d i& App-oved Ely Ilia Legal Dcpartmant - 2 - NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described real estate be, and the same is hereby approved, and the dedication of the streets and easements 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. The foregoing resolution was moved by Balmer and seconded by Roberts at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa, on the 13th day of November 1979, commencing at 7:30 P.M. Upon roll call, the following vote was taken: BALMER Aye x Nay Absent DEPROSSE Aye Nay Absent x ERDAHL Aye x Nay Absent NEUHAUSER Aye x Nay Absent PERRET Aye x Nay Absent _ ROBERTS Aye x Nay Absent VEVERA Aye x Nay Absent - 3 - The foregoing is hereby duly certified by Abbie Stolfus 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 13th day Of November , 1979. City Clerk of Iowa City, Iowa Passed and approved this 13th day of November 1979. Mayor ATTEST: City Clerk /337 RESOLUTION NO. 79-531 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF RAMP B, BLOCK 64, DOWNTOWN PARKING FACILITY WHEREAS, Knutson Construction Company of Minneapolis, Minnesota 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 Knutson Construction Company, 17 Washington Avenue North, Minneapolis, Minnesota , 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 Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: R BALMER R DEPROSSE % ERDAHL % NEUHAUSER x PERRET x ROBERTS % VEVERA Passed and approved this 13th day of November , 1979 ATTEST: 2 (&� '/ ,c t- , CITY CLERK r! `c L.cE:LT Lit.. " L/✓-y-`-�%� i MAYOR Received & Approved BY The Legal Department // y- �y This document has important legal consequences; ennsuliation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF AGREEMENT BETWEEN ONNrNER AND CONTRACTOR ON THE BASIS OF A STIPULATED SUM THIS AGREEMENT made as of the ................fQurteenth ............... day of .....Nu mbe);.............. in the year 1979._.. by and bctwcco City of Iowa City, Iowa (hereinafter called OWNER) and Knutson Construction Company (hereinafter called CONTRACTOR) 17 Washington Avenue North Minneapolis, MN 55401 \\'ITNESSETH THAT OWNER and CONTRACTOR in consideration of the mutual covenants hereinafter set forth. agree as follows: Article 1. WORK. The CONTRACTORS shall perform all Work as specified or indicated in the Contract Docu- ments for the completion of the Project generally described as follows: 450 -car parking facility. Article 2. ENGINEER. The Project has been designed by. Carl Walker and Associates, Inc. 6100 Golden Valley Road, #101 Minneapolis, MN 55422 who will act as ENGINEER in connection with completion of the Project in accordance with the Contract Documents. Article 3. CONTRACT T1ME. The Work will be completed by October 1 , 1980. NSPE 1910-8-A-1 (1974 Edition) Reprinted 12-74 10.1`1 Q 1974. Nation.) Smicty of Pt oleuicva! Eerinan Page 1 of _-5— pages Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: (hue inert a lump wm, unit Pdll m Fnth, anachfnr if nncuary) (... .cparnc form for Cosi-Plus Conuoat) Base Bid $2,887,000 Alternate #2 (post -tensioned system) deduct $170,000 Alternate #4 (9-5/8 inch 75 ton piles) deduct $35,000 Alternate p13 (eliminate south stair tower) deduct $62,000 Net Contract Price $2,620,000 (See attached sheet) Article 5. APPLICATIONS FOR PAYMENT. CONTRACTOR shall submit Applications for Payment in accor- dance with Article 14 of the General Conditions. Applications for Pa)mcni will be reviewed by ENGINEER as provided in the General Conditions. Article 6. PROGRESS AND FINAL PAYMENTS. OWNER shall make progress payments on account of the Con- tract Price on the basis of CONTRACTOR's Applications for Payment as approved by ENGINEER, on or about the 1 s.t---.... day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 6.1. Prior to Substantial Completion progress payments will be in an amount equal to: ------ 9Q.. .......... % of the Work completed, and —.. 9Q........._% of material and equipment not incorporated in the Work but delivered and suitably stored, less in each case the aggregate of payments previously made. 6.2. Upon Substantial Completion. OWNER shall pay an amount sufficient to increase total payments to CON- TRACTOR to 90% of the Contract Price, less relainages as ENGINEER shall determine in accordance with para- graph 14.7 of the General Conditions. 6.3. Upon final completion of the Work and settlement of all claims, OWNER shall pay the remainder of the Contract Price. _ Article 7. CONTRACT DOCUMENTS. The Contract Documents which comprise the contract between OWNER and CONTRACTOR are attached hereto and made a part hereof and consist of the following: 7.1. This Agreement (pages 1 to ..5......, inclusive), 7.2. Exhibits to this Agreement (pages .._..... to ...., inclusive), 7.3. CONTRACTOR's Bid and Bonds consisting of ......... ... 13---------- pages, 7.4. Notice of Award, 7.5. Instructions to Bidders, (pageQO-0011000.017 inclusive), 7.6. General Conditions, NSPE Document 1910.8, 1974 edition (pagePO-032,00-055 inclusive), 7.7. Supplementary Conditions (pages _.--._._ to ..... .... inclusive), ` 7.8. Specifications (paees0.1.-001016-017inclusive), also add Appendix A, B, C, and D Page 2 of .._5__. paees 7.9. Drawings as lined on sheet entitled "Listing of Drawings" in the Specifications. 7.10. Addenda numbers I..... to .2....... inclusive, and 7.11. Any Modifications, including Change Orders, duly delivered after execution of this Agreement. 7.12. Article 8. MISCELLANEOUS. 8.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.3. Neither OWNER nor CONTRACTOR shall, without the prior Written consent of the other, assign or sublet in whole or in part his interest under any of the Contract Documents; and, specifically, CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of OWNER. 8.3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. Page 3 of ...5.... pages 8.4. The Cuntiact Documents constitute the entire %prement bci,cen OWNER and CONTRACTOR and may only be Alcied, amended or repealed by a duly executed written instrument. Azl;cic 9. OTHER PROVISIONS. IN wirNEss WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Cp /s. - CQ OWNER U'T%l c)t� rett'/N C IT - - -------- CONTRACTOR ... kXwI5�--- ------ - - ---- - BY-"`'--- ------- 6=. By "j) A vo;z O [CORPORATE SEAL] ICORPO TE SEAL) Attest .... — ---------- '7 Attest 6 PXCBIM & APPROVED M LEM DEPARTENT Pave 4 of —5.. pages. Article 4 (continued) Unit Price B Add $10.00 per foot Deduct $5.00/foot Unit Price E Add $200 Unit Price F Add $7,000 per test Unit Price G Add $85 per cubic yard Unit Price H Add $7.50 per cubic yard Unit Price I Add $9.00 per cubic yard Unit Price J Deduct 20� per pound Page 5 of 5 pages L --q e RESOLUTION NO. 79-532 RESOLUTION ADOPTING THE RALSTON CREEK WATERSHED STORM WATER MANAGI3,IEW PLAN AS THE GUIDE FOR ENGINEERING IMPROVEMENTS ON TIE RALSTON CREEK IVATERSIIED. MIEREAS, it is in the public interest to construct improvements which will ameliorate the flooding of Ralston Creek, and INI-IEREAS, Shoemaker and Haaland have made extensive study of the Ralston Creek Watershed and have made recommendations for improvements in the Ralston Creek Watershed Storm Water Management Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIM CITY OF IOIVA CITY, IOIVA, that it adopt the Storm Water Management Plan as the general engineering guide to future improvements on Ralston Creek with the understanding that it does not bind the Council to any future financing plan or sequence of improvements. It was moved by Erdahl and seconded by Neuhauser that the Resolution as read e adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl x Neuhauser x Perrot x Roberts x Vevera Passed and approved this 13th day of November , 19 79. ATTEST: City Clerk ---�Mayor RECEIM S IPP&= BY TBE T,EGl1I, DEPdMMM /33P RESOLUTION No. 7 9- 5 3 3 RESOLUTION AUTHORIZING E}DJCUTION OF AN AGREEMENT WITH SOIL TESTING SERVICES OF IOWA WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with a copy of said being atta to a Reso u on a reference made a part reo , and, WHEREAS, the City Council deans it in the public interest to enter into said aqreement with Soil Testing Services of Iowa to provide a report which will serve as a permit application in addition to specifying locations for monitoring wells. Also the permit would provide that the City be allowed to con- struct lagdons to hold unstabilized sludge should it become necessary again in the future. The terms of the agreement have been negotiated subject to Council approval with a not to exceed price of $12,000 to be paid on an hourly basis. 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 Soil Testinq Service of Iowa 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Roby is and seconded by Resolution be adopted, and upors roll call there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA Balmer the Passed and approved this 13th day of November , 19 79 Mayor ATTEST: �L�{ � City Clerk R?coir^d 8 ADrrov,•d Cy Tha L_gal paparirnen/ RESOLUTION NO. 79-534 RESOLUTION APPROVING FY '81, '82, '83, 184, 185 OFFICIAL REPORT OF MUNICIPALITIES FOR THE STREET CONSTRUCTION PROGRAM FROM JULY 1, 1980 TO JUNE 30, 1985 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, 1980, to June 30, 1985, be approved. It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll ca there were: AYES: NAYS: ABSENT: x M x Passed and approved this 13th ATTEST: aLtiL. CTTY CLERK BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA day of November , 1979. MAYOR Received & Approved By The Legal Dapartmen! APs /i ?- -/y Ij 54/ SOLUTION NO. 79-535 RESOLUTION AUTHORIZING MAYOR TO SIGN AND THE CLERK TO ATTEST AN AGRM ENT WITH THE UNIVERSITY OF IOWA PROVIDING FOR ENGINEER- ING SERVICES IN OONNEOTION WITH THE RIVER OORRIDOR SEWER. Przoa T. W11ERF,AS, The University of Iowa. has granted an easement to the City of Iowa City, Iowa., for the construction, maintenance and use of the River Corridor Sewer; and WIiEREAS, the City Council deans it in the public interest to provide for the services of a University employee during the construction of said sewer on University property. NOW, THERERORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the clerk to attest an agreement with The University of Iowa providing for engineering services during the construction of the River Corridor Sewer Project at the rate of $18.00 per hour. AYES: NAYS: ABSENT: x Balmer x deprosse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 13th day of November , 1979 Mayor ATTEST: &er City Clerk I f;EIyID b APPROVED BY'M LEGAL DEPSRTHM 13'�� .WV vW� A G R E E M E N T River Corridor Sewer Project Construction This agreement is entered into this 13th day of November 1979 by and between the City of Iowa City (hereinafter called City) and The University of Iowa (hereinafter called University). WHEREAS, the City has undertaken a sewer project known as the River Corridor Sewer Project (EPA Project No. C190830), a portion of which will be constructed on University property, which will serve not only the City but also the University; and WHEREAS, the University has granted an easement to the City over said University property for the purposes of construction, installation, mainte- nance and use of said sewer, said easement dated March 16 , 1979, Book 541 , Page 1 , Miscellaneous Records; and WHEREAS, the City has entered into a contract with Martin K. Eby Company, Inc. (hereinafter called Contractor) for the construction of said sewer, which contract provides that the Contractor and its subcontractors are responsible for the protection of all property from injury or loss resulting from its operations, and for replacing or repairing objects sustaining any such damage, injury or loss to the satisfaction of the City, University and Engineer: NOW, THEREFORE, in order that the project may proceed expeditiously and all damages which might occur are promptly repaired, the parties hereto agree as follows: /3 1�3 . 3S -2- 1. 2_1. The University agrees to provide the services of one full-time engineer or technician to be present during the time the Contractor and d its subcontractors are working on University property, and the City agrees to reimburse the University for said engineer's or technician's services at the rate of $18.00 per hour upon the University submitting monthly billings. 2. In the event the University property is damaged by the actions of the Contractor or its subcontractors, the Contractor shall have the op- tion of: (a) Replacing or repairing the damaged property, such work to be done in a manner approved by the University and subject to final inspection by the University; or (b) Entering into an agreement with the University by which the University will replace or repair the damage and bill the Con- tractor directly for the costs; Except that in the case of emergencies, the University shall have the right to immediately undertake repairs and bill the Contractor for the costs. 3. The University agrees that except in extreme emergencies, it will consult with City's Resident Engineer before undertaking any repairs. 4. The City further agrees to incorporate the provisions of para- graph 2 above into its agreement with the contractor. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first above written. FOR THE CITY OF IOWA CITY �� RECEIVED 6 A: -FRC 1,J BY THE LEGAL DEPARTMENT f // ,S' - J/ y FOR THE UNIVERSITY RAY B.mOSSMAN ANAG BUSINTSS M�URERER & /3 dl RESOLUTION NO. 7 9- 5 3 6 RESOLUTION EXPRESSING AN INTENT BY CITY COUNCIL TO COOPERATE WITH THE UNIVERSITY OF IOWA IN EFFORTS TO OBTAIN LEGISLATIVE APPROPRIATIONS FUR THE CONSTRUCTION OF A ROAD TO THE HAWKEYE SPORTS ARENA AT THE UNIVERSITY OF IOWA. WHEREAS The University of Iowa intends to construct the Hawkeye Sports Arena on University property located south of Newton Road and west of Woolf Avenue, and WHEREAS the construction of said Arena and the traffic congestion near University Hospitals requires the building of a road south from Rocky Shore Drive and East to Woolf Avenue and widening of an approach area on High- way 6, and WHEREAS Chapter 307A.5 and 384.56, Iowa Code, 1979, permits the City of Iowa City to assess the cost of the road and improvements to Highway 6 to the State Executive Council and the Department of Transportation, and WHEREAS it is in the interest of both the University of Iowa and the City of Iowa City that the road be constructed and Highway 6 improved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA that cooperative efforts be undertaken between the City and the University of Iowa to attempt to obtain a legislative appropriation to fund the cost of the assessment and that efforts be made to cooperate in performing all other tasks required by statute to effect such road construction and improvement. i 3 Vs -2 - It was moved by N e uh a u s e r and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: % Balmer % deProsse % Erdahl R Neuhauser % Perret % Roberts % Vevera Passed and approved this 13thday of November , 1979 A11TST:I e-4 )— City Clerk Mayor RECEIVED & APPROVED BY THE LEGAL DEPARUENT Il.- 7-74 o 13 �'G RESOLUTION NO. 79-537 RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR CLASSIFIED PERSONNEL BY ESTABLISHING A PAY RANGE FOR THE DEPUTY CITY CLERK WHEREAS, the City of Iowa City, Iowa employs certain classified personnel, and WHEREAS, Resolution No. 79-297 established the position of the Deputy City Clerk in Grade 4 of the Administrative Pay Plan instead of Grade 6, WHEREAS, it is then necessary to amend the Classified Personnel Plan adopted by Resolution No. 79-297, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 79-297, adopted on July 3, 1979, be amended by: 1) Deletion of one Deputy City Clerk position from Range 4 of the Classified Pay Plan. 2) Addition of one Deputy City Clerk position to Range 6 of the Classified Pay Plan. Moved by Balmer , seconded by Neuhauser as read be adopted, amend—upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse Erdahl Neuhauser T— Perret _ Roberts Vevera Passed and approved this 13th ATTEST: 2141 City Clerk day of November Mayor that the Resolution 1979. RECEIVED b 1PPROVID BY .THE LEGAL DIPIFITjyt 13 e17 RESOLUTION NO. 79-534A RESOLUTION APPROVING CLASS "C" LIQUOR CONTROL LICENSE APPLTC'aC'1'T6A BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved—For the following named person or persons at the following described location: First Avenue Lounge of Iowa City, Inc. dba The Annex, 819 First Avenue Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Ferret and seconded by Erdahl as rea a adopted, and upon r Z ca AYES: NAYS: ABSENT: 0: X X X X X X Passed and approved this 20th day of November 1979 Mayor Attest: City Clerk 13 �lf ira'e Z"fe--`` RESOLUTION NO. 79-535A RESOLUTION TO REFUND A PORTION OF CLASS C LIQUOR LICENSE FEE WHEREAS, John & Tim Kane dha/ Kanes' Depot , at 114 Wright St. has surrendered Liquor License MLC -11939 to the Iowa State Beer F Liquor Control Department, and has received the State share of 35% of two quarters of the liquor license fee, and, WHEREAS, the above licensee has applied for refund of the City' share of 65% of two quarters of the liquor license fee, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor and City Clerk be authorized and directed to draw a warrant on the General Fund in the amount of $ 422.50 , payable to John & Tim Kane KE:Les' Depot for refund of portion of Liquor License M LC -11939 It was moved by Ferret and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of Ciry Clerk November �, 19 79. Mayor /3 s� RESOLUTION NO. 79-536A RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCWTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approvior the following named person or persons at the following described location: /_TD- INC.,&Incorporated dba The Sanctuary Restaurant, 405 S. Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Perret and seconded by Erdahl as rea be adopted, and upon zoTicalT AYES: NAYS x x x x x x x Passed and approved this 20th Attest: City Clerk day of Mayor ABSENT: November 19 79 RESOLUTION NO. 79-539A RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: I_r6. INC.A Incorporated dba The Sanctuary Restaurant, 405 S. Gilbert Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Erdahl that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 20th 1979 Attest: t - City Clerk ABSENT: day of November /3s/ 1_,, /r` {z RESOLVTICN NO. 7 9- 5 7 8 RE=TIGN ACCEPTING- PAVING AND STORM WATER SEWER RESUBDIVISION OF LOT 90 OF TY'N CAE ADDITION, PART 2 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, Concrete paving of Cambria Court and two storm sewer inlets in Resubdivision pf Lot 90 of Ty'n Cae Addition, Part 2, as con- structed by Metro Pavers, Inc. of Iowa City, Iowa. That storm sewer which is connected to the two aforementioned storm sewer inlets in Resubdivision of Lot 90 of Ty'n Cae Addition, Part 2, as constructed by Knowling Brothers Contracting Company of Sharon Center, Iowa. AND WHEREAS, Maintenance Bonds for Metro Pavers & Knowling Bros are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvatents be accepted by the City of Iowa City. It was nxNed by peand seconded by Erdahl that the Resolution as r e accepted, and upon roll call there were: BALMER AYES: NAYS: ABSENT: �7 DEPROSSE % ERDAHL % NEUHAUSER x PERRET % ROBERTS % EVERA R passed and approved this 20th day of November , 19 79 Q i Mayor ATTEST: ,C t4l City Clerk Received & Approved By The Legal Department #386,960 PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men $y These Presents: That Metro Pavers, Inc. of Iowa City, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the City of Iowa City, Iowa , in the penal sum of THIRTY FOUR THOUSAND SEVEN HUNDRED SIX AND 42/100 --------------------------- IS -34,706.42---j DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 9th day of November A C) 19 79 Whereas, the said Principal entered into a certain contract, dated the 19 _, with the and labor necessary for the construction of approximately 2508.21 square yards 7" -PCC pavement approximately 1629 lineal feet curbing 1 - RA5 Intake 1 - RA3 Intake in Ty'nCae Addition, Iowa City, Iowa in the Ci ty of Iowa City , in conformity with certain specifications; and day of , to furnish all the material Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of five (5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City as aforesaid; Now,Therefore, the Condition of this Obligation is Such, that if the said Principal doesan't'I*a` / �isowncostand expense, remedy any and all defects that may develop in said work, within the period of years from the date of acceptance of the wo rk under said contract, by reason of bad work mansh ip or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved By ,19_ City Solicitor. By Surety Attorney -i Principal COMPANY MERCHA_ . -S MUTUAL BOND] J COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men Hy These Presents, that the su,art AITS 111 T Al. Hunnt%'❑ u corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Maines. County of Polk, State or Iowa, hath made, constituted and appointed, and does by these present% make, constitute and appoint INDIVIDUALLY C.B. Ccndrn, G.A. LaMair II, Carl J. Rrant Jr., James E. ThafTiscm, Jams P. Norris, F. Melvyn Hrubetz of�� nos and State of Iowa true and lawful Allomcy-in-Fact, with full power and authority hereby conferred in its name. place and %lead. to sign, execute, acknowledge and deliver in its behalf m surety: Any or all bends or undertakings, provided that no bmd 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 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 Power-of-Altorney 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 7, SECTION SA. --The Chariman of the Boalsl or President or any 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. Meognilancen, contracts of indemnity and other writings obligatory in the nature thereof." In Witness Whereof. MERCHANTS MUTUAL BONDING COMPANY has caused these presents to be signed by its President and Vice President, and its corporate seal to be hereto affixed, this find day of May A.D.. 1979 Attest. MERCHANTS MUTUAL BONDING COMPANY By Pi, r P..nJmr STATE OF IOWA COUNTY OF POLK On this 22nd day of May .19 79 before me appeared W.W. Warner and William Warner, to me personally known, who being by me duly sworn did sty that they are President and Vice President respec- dvely 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 Scal of the said Corporation and that the said instrument was signed and settled in behalf of said Corporation by authority of its Board of Director%. In Testimony Whereof, f have hereunto set my hand and affixed by Official Seal, at the City of Des Moines, Iowa the day and year first above written. .ws "T r' o, oe9-30-81 Wj STATE OF IOWA 4 A Ss COUNTY OF POLK I, William Warner. Vice President of the MERCHANTS MUTUAL BONDING C'Oh1PAh Y�I•II}'HNNeky' certify that the above and foregoing is a true and correct copy of the POWER OF ATTORja`F�(E1}kl•, Q`Orfsf,said MERCHANTS BONDING COMPANY, which is still in force and effect. •`0�}0,}�'• V 's In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at h: aR ' Q• ;f1 s this 9th day of November I9, 79 Z�C 1933 G , INE r'* This power of attorney expireUntil Revoked s „- . � . •%,•s' CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT November 13, 1979 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. Concrete paving of Cambria Court and two storm sewer inlets in Resubdivision of Lot 90 of Ty'n Cae Addition, Part 2, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. That storm sewer which is connected to the two aforementioned storm sewer inlets in Resubdivision of Lot 90 of Ty'n Cae Addition, Part 2, as constructed by Knowling Brothers Contracting Company of Sharon Center, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eugne A. Dietz, P.E. City Engineer tp/1/3 LleW RESOLUTION NO. 79-539 RESOLUTION ESTABLISHING JUST COMPENSATION FOR ACQUISITION OF REAL PROPERTY FOR THE WATER POLLUTION CONTROL PLANT SITE WHEREAS, the City of Iowa City, Iowa, in furtherance of the public welfare, plans to construct a new water pollution control plant for the treatment of waste water; and, WHEREAS, this project requires that the City of Iowa City acquire certain interests in real property lying directly south of the southern City Limits and east of Sand Road; and, WHEREAS, the City of Iowa City has received appraisals and review appraisals concerning the fair market value of these real property interests; and, WHEREAS, the City of Iowa City has reviewed these appraisals and review appraisals and being familiar with the real property identified therein, desires to establish the Just Compensation for acquisition of these real property interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL,OF IOWA CITY, IOWA, that the amounts listed opposite each real property interest described below are hereby declared to be the Just Compensation for the purpose of acquisition of said real property interests. The staff of the City of Iowa City is hereby authorized to commence negotiations for the purchase of said real property interests and the Mayor and City Clerk are authorized to contract for the purchase of said real property interests. In the event negotiations for purchase are unsuccessful, the staff is hereby authorized to institute condemnation proceedings for the acquisition of said real property interests. Property Owner Real Property Interest Just Compensation Stevens Development Fee title to 53 acres from a tract of $250,000 Partnership land located directly south of the southern City Limits and east of Sand Road. George E. and Fee title to 11.7 acres from a tract of $47,000 Laurena Lehman land located directly south of the southern City Limits and west of Sycamore Street. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 20th day of November , 1979. ATTEST: RESOLUTION NO. 79-540 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF MODULAR BUILDING RENOVATION. IOWA CITY SERVICE CENTER. WHEREAS, Geo. Kondora, Moore, Div. III have the above-named project. ;truction, Div. II; and Nate t bidsfor the construction of 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 Geo. Kondora, Div. I, Plumbing, $11,780; Jones Const., Div. II, Heating, $3,685 & Nae Moore, Div. 111, Electrical,. , 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 Balmer and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this 20thday of r CITY CLERK November ��/4 �4�e `�/ ci MAYOR 19 79 /.3s z/ RECEI9ED b ArPROVMI M LEM IDITAJnKEIIT 2�S /�-20-Ff -- City of Iowa C1 ZIP A Uj l: DATE: November 20, 1979 TO: Honorable Mayor and City Council FROM: Eugene A. Dietz, City Engineer j6 RE: Bids for Modular Building Renovation Bids taken for the Modular Building Renovation are as shown on attached Bid Tabulation Sheet. It is recommended that contracts be awarded to George Kondora Plumbing and Heating for Division I - Plumbing work for the amount of $11,780, to Jones Plumbing and Heating, Inc. for Division II - HVAC for the amount of $3,685 and to Nate Moore Wiring Service for Division III - Electrical work for the amount of $9,625. Ivi0Cturar uU, ,v � _ - �ow� C.-L,�, Se rv,ce C'L., LL2 h NAME OF BIDDER G—Co{ o r�oYw i�.n L. 0mu 1-Lt— k4 A,100W,rim �rnubl T.v c,i LO Vn 1224 P. D• �P7`' /Ss�9 TJ Wk C. 1.IUh szz /OG.] MelreSe filum. e TJ•✓w C i TJ./h sL 240 . $ TEM QUANTITY DESCRIPTION UNIT pg EXTENDED AMOUNT UNIT EXTENDED AMOU UNIT PR. EXTENDED AmntjNT UNIT PR EXTENDED AWITNT UNIT pg, EXTENDED AMOUNT r -Lr Is I 0-n I /I /-N'M SLm. lJ'h Jim. Work /4 7,00 13,goo of . D1 1/"s I oma, I Vsi o -n TOTAL BID P.vp y �� 78o DO D.... r �3, 600, 0 o. .X 3,68s. oo 9 6zs �" M RESOLUTION NO. 7 9 - 5 41 • RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH AFSCME AMENDING ARTICLE VIII SECTION 4 OF THE AGREEMENT BETWEEN CITY AND AFSCME WHEREAS, the City of Iowa City, Iowa, has negotiated an amended agreement with AFSCME , a copy of said agreement being attachedto s Resolution s reference made a part Hereof, and, wliEREm, the City Council deans it in the public interest to enter into said agreement with AFSCME amending Article VIII Section 4 of the agreement between the City and AFSCME for the contract dated July 1 1978. through June 30 1980. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the amended agreement with AFSCME 2. That the City Clerk shall furnish copies of said amended agreement to any citizen requesting same. It was moved by N e u h a u s e r and seconded by Resolution be adopted, and there were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER Balmer the X PERRET X ROBERTS X VEVERA Passed and approved this 20th dayoff N o v e mmbb ee , 1979. Mayor ATTEST: City Clerk Received & Approvod By The Legal Departm?nl / W-7 �? /J.55 AMENDMENT OF AGREEMENT It is hereby agreed by and between the parties to the foregoing Agreement to amend Article VIII Overtime, Section 4 of the Agreement between the City of Iowa City, The Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Council 61, Local 183, AFL-CIO to read: Subsection A 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 circum- stances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. For the City of Iowa City Iowa City, Iowa Mayor 4'/' � 6_� For Local 183, Council 61 American Federation of State, County, and Municipal Employees, AFL-CIO C;<' JA&� !tary /f7% 79 ate Dat RECEIVED & APFEOUD EY M LEGAL DEPARTRSENT 13 SC /Cal- C4 Resolution No. 79-542 RESOLUTION AUTHORIZING EXECUTION OF COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACTS. WHEREAS, the City of Iowa City, Iowa, periodically negotiates Contracts with the Office of Planning and Programming to employ persons under the Comprehensive Employment and Training Act, and WHEREAS, the City Council deems it in the public interest to enter into said Contracts, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL That the City Manager is hereby authorized to sign said Contracts as the Contractor and act as the official authority in connection with said Contracts. It was moved by Perret and seconded by Erdahl that the resolution be adopted, and upon roll call vote there were: AYES NAYS ABSENT x_ Balmer x_ deProsse x Erdahl x Neuhauser x Perret x_ Roberts Vevera Passed and approved this 20th day of November , 1979. DMayor ATTEST: City C erk 1357 RESOLUTION NO. 79-543 RESOLUTION SETTING PARKING RATES FOR IOWA CITY PARKING SYSTEM WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions for parking meter zones and parking lots, and WHEREAS, a portion of the parking facility is to be open for use prior to completion of construction. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT: Effective November 26, 1979, the parking rate in the parking facility will be 15 cents per hour for the first three hours or $2.50 for three hours or more. Effective January 1, 1980, the existing parking rates will be increased accordingly to: 254 per hour for parking ramps 254 per hour for municipal attendant lot It was moved by Neuhauser and seconded by Balmer that the resolution as s read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 20thday of November IP-265 VA ®R ad ATTEST: CITY CLERK . 1979. / wra'vr; y q pr;'CFT' P9�3Pa 3.Y71l:lill :i�c'li�: Plk?t'I; 1-�s- Ys _ 13-!5--f /Z2/� RESOLUTION NO. 79-544 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve3�or the following named person or persons at the following described location: Walter Poggenpohl dba Walt's Tavern, 928 Maiden Lane Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by P�erref and seconded by Neuhauser that the Resolution as read be adopted, and upon ro7 ca there were: KW Balmer x deProsse x Erdahl X Neuhauser x Perret x Roberts x Vevera x Passed and approved this 4th Attest: City Clerk NAYS: ABSENT: day of December Mayor 19 79 %J 5 RESOLUTION NO. 79-545 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: Iowa Commission For The Blind/Sheriffs Office 400 S. Clinton 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: Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 4th day of December 1 19 79 Mayor Attest: City Clerk RESOLUTION NO. 79-546 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SHIVE-HATTERY AND ASSOCIATES FOR INSPECTION SERVICES WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Shive-Hatter and Associates , a copy of said a�reement� being attachedto s Resolution s reference made a part lrseof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with Shive-Hattery and Associates of Iowa City for inspection services on the Block 64 parking garage. This agreement means that Shive-Hattery is being hired to handle all inspection of backfill, pile load tests, testing of qrout materials, and testing of cast in place concrete. 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 Shive-Hattery and Associates 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by Balmer and seconded by Perret the Resolution be adopted, and upon roll—call there were: NAYS: ABSENT: BALMER DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 4th day of December , 1979. Mayor ATTEST: City Clerk Rec?iv^d & Approved By Th:! Legal Dapai Ment ,iCcll /C'�' If AGRELMENI This Agreement, made and entered into this e day of 1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Shive-Hattery and Associates, of Iowa City, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status or sexual preference. I. SCOPE OF SERVICES The Consultant is to provide personnel for construction observation and testing services which may be required on Ramp B, Block 64 as included in Sections 02 and 03 and Addendum 2 of the Technical Specifications. Sections 02 and 03 and Addendum 2 are part of this contract by reference. More specifically, this work shall include: 1. Field observation of footing excavations and vertification of adequate bearing materials. 2. Review of proposed backfill and grading materials as to their suitability. 3. Laboratory compaction testing and field density testing during placement of fill materials in footing and utility trench areas with testing conducted by nuclear density testing equipment or conventional sand cone density testing equipment in accordance with applicable ASTM Specifications. 4. Observation of Piling Subcontractor performance of pile load tests and preparation and review of associated reports. 5. Consultation relative to pile load test procedures, loading and unloading sequence, and resulting data. 6. Compressive strength testing of grout materials. (Two tests only). Additional tests will be done upon authorization of the City. 7. Review preparation of concrete mix design and review of materials in accordance with ACI -301, including aggregate testing and concrete trial batches as required. 8. Field quality control testing on cast -in-place concrete, including slump testing, air content testing, and preparation of concrete test cylinders as per project specifications. 9. Review of concrete batching, mixing and delivery operations as deemed necessary. 10. Transportation of test cylinders to laboratory and compression testing including capping, curing, breaking, and reporting. 11. Review driving logs submitted by Carl Walker and Associates. 12. Review progress payment requests and forward to Carl Walker and Associates. 2 In addition, the Consultant will provide specific consulting or testing services in addition to any of the above or any other related items at the City's request. II. GENERAL TERMS 1. The consultant or the City may terminate this Agreement upon seven (7) days notice. If the Agreement is terminated, the Consultant shall be paid on the basis of work satisfactorily completed and accepted by the City. The percentage of work completed but not yet accepted by the City shall be determined mutually by the City and the Consultant. If the City and the Consultant are unable to agree on the percentage of completion, each side shall pick an arbitrator. These two arbitrators shall pick a third arbitrator and the City and the Consultant shall be bound by the decision of the arbitrators. 2. Records of the Consultant's Standard Time Charges pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. 3. This Agreement shall be binding upon the successor and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 4. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 5. It is further agreed that no party to this Agreement will perform contrary to any State, Federal or County law or any of the Ordinances of the City of Iowa City, Iowa. 6. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. 7. The City agrees to tender to the Consultant all fees and money in accordance with this Agreement except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. B. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. III. CITY'S RESPONSIBILITY The City shall: 1. Provide full information as to the requirements for the Project. 2. Designate Richard J. Plastino to act as the City's representative with respect to the work to be performed under this Agreement and such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. 3. Assist the Consultant by placing at his disposal all available information pertinent to the site of the project including previous reports and any other data relative to design and construction of the Project. 4. Make all provisions for the Consultant to enter upon public and private land as required for the Consultant to perform his work under this Agreement. 3 5. Examine all studies, reports, sketches, estimates, specifications, drawing proposals, and other documents presented by the Consultant and render in writing decisions pertaining to the documents within fifteen (15) days after receipt so as not to delay the work of the Consultant. IV. TIME OF PERFORMANCE The Consultant shall observe the work under contract and coordinate with the contractor. The Consultant shall insure that its personnel are on the site as necessary to fulfill the scope of services. V. COMPENSATION FOR SERVICES Compensation to the Consultant shall be at a rate of 2.19 times direct personal expense which is attached as Appendix A. The Consultant shall bill the City monthly so that the City may closely monitor expenditures. The total billings for all personal expenses and tests shall not exceed $32,550 Charges for field and laboratory tests will be as attached on Appendix B. The undersigned do hereby state that this Agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: SHIVE-HATTERY AND ASSOCIATES: MAYOR ATTEST: CITY CLERK STATE OF IOWA JOHNSON COUNTY (I/ On this 5 day of��� 1979, before me, a Notary Public duly commission,q and' ied i�_•aid for said County and State, personally q�l appearecE7 /�t2 46 � ayor of the City of Iowa City, Iowa, and,/Abbie Stolfus, City Cl rk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. ( - � �K1 - Nb ary Public in and for Janson County, Iowa _ STATE OF IOWA COUNTY OF JOHNSON On this 11th day of December , 1979, before me, the undersigned, a Notary Public in and for said County and said State, personally appeared James L. Shive and Robert J. DeWitt to me personally known, who being by me duly sworn, did say that they are the President and Vice President , respectively, of said company; and as such officers, acknowledged the execution of said instrument to be the voluntary act. flotAry-Pb is to and fo County and State APPENDIX A TO LETTER OF NOVEMBER 28, 1979 DIRECT PERSONNEL EXPENSE DECEMBER 1, 1979 to MAY 1, 1980 Grade 8 Engineer $ 24.11/Hour Grade 7 Engineer 21.52/Hour Grade 6 Engineer 16.79/Hour Grade 5 Engineer 15.07/Iiour Grade 4 Engineer 12.85/I1our Grade 3 Engineer 11.26/Hour Grade 2 Engineer 10.19/Hour Grade E Technician 11.99/Hour Grade D Technician 9.51/Hour Grade C Technician 7.86/Hour Grade B Technician 6.21/I1our Grade A Technician 4.38/11our 3 -Man Survey Crew 23.05/Hour 2 -Man Survey Crew 17.76/Hour !AH SHIVE-HATTERY & ASSOCIATES CONNULT/NO iffPi LR m HIGHWAY 1 & 1-80 P.O. 80X 1050 IOWA CITY, IOWA 52244 TELEPHONE(319)354-3040 APPENDIX B /. J.m.. L. Bhlv., P.R. & L.B. / Donald P. Ha .ry, P.E. 6 L.B. Rloh.rd 0. Kr.ta.k., P. E.N L.B. ROOa. J. D.WItr, P.E. Francs L. H.II.de. P.E. All.. R. Baker, P.E. UrFy K. Davidson, P.E. Robert C. umnr. P.E. John L. Wm.rs, P.E. WIII Ism B. Cook, P.E. Deorls E. Whited, P.E. Mlolua L. K.mm.r. , P.E. Bulo WIIYt., P.E. Dea n A. H.r,ar.. P.E. J. E. Hawk,, P.E. L.ny F. Moran, P.E. D.vld L. John.an, P.E. 6 L.B. Dontld A. Th.... L.B. Ronald J. B.ddorls, Le. D.vld H. Corr.nr, P.E. SCHEDULE OF GENERAL, FIELD AND LABORATORY FEES DECEMBER 1. 1979 GENERAL Mobilization Charges - Based on round trip mileage From Nearest Office Private Automobile or Auxiliary Vehicle Drill Rig (Minimum Charge of $100.00) Per Diem Rate (Charge if site is more than 40 miles from nearest office), per individual All Terrain Vehicle Utilization Boring Location Survey Stand -By Time, in excess of normal set-up time, as a result of clients request or action Truck All Terrain Vehicle SIpecialized Drilling Equipment, Equipment for Moving Drilling Equipment at Site, Permits, Etc. SOILS - FIELD Auger Drilling - Hollow Stem Augers Structure Boring - Utilizing Standard Penetration Test (2-1/2 intervals to, 15' S' intervals to 501, 10' intervals thereafter) $ .20/mile 1.25/mile 25.00/day 100.00/day 50.00/hour 60.00/hour 75.00/hour Cost + 15° 0' - 25' 5.50/foot 25' - 50' 6.00/foot 501+ 6.80/foot Schedule of General, Field and Laboratory Fees December 1, 1979 Page Two Auger Drilling - Solid Augers Profile Boring - Samples at 5' intervals to 501, 10' intervals thereafter 0' - 25' $ 5.00/foot 25' - 50' 5.50/foot 501+ 6.30/foot Profile Boring - Without samples, defining top of rock and water table 0' - 25' 4.50/foot 25' - 50' 5.00/foot 501+ 5.30/foot Wash Boring, Surcharge 0' - 25' .75/foot 25' - 50' 1.00/foot 501+ 1.25/foot Hourly Drilling Rates Truck and One Technician 50.00/hour Truck and Two Technicians 60.00/hour All -Terrain Vehicle, Surcharge 100.00/day Hard Auger Drilling - Through weathered rock or material consisting primarily of broken rock, concrete, rubbld fill, etc. (Standard Penetration Resistance D 50 Blows Per Foot) 11.00/foot Rock Drilling Bitting 14.00/foot Coring, NWV Size 17.00/foot Set Up/Boring 45.00/each Requiring use of auxiliary water 30.00/day source, additional Schedule of General, Field and Laboratory Fees/ December 1, 1979 Page Three Samping and Testing Additional Standard Penetration Tests $12.50/each Shelby Tube ("Undisturbed"), 2" or 3" diameter 12.50/each Large Volume Bag Sample 15.00/each Rimac Unconfined Compression Value 4.00/each Hand Penetrometer Value 1.50/each Vane Shear Value, Torvane 5.00/each Seismic Refraction Testing Equipment Cost 100.00/day Test 75.00/each Slotted Well Point Installation, In Drilled Bore Hole Set Up/Well Point 60.00/each Material Cost - 2" 2.50/foot Material Cost - 3" 4.50/foot SOILS - LABORATORY Shelby Tube Extrusion, Sample Preparation, and Logging 7.00/each Natural Moisture Content 2.00/each Dry Unit Weight, Shelby Tube Specimen 2.00/each Atterberg Limits LL, PL, PI 25.00/set SL 15.00/each Mechanical Analysis Hydrometer 25.00/each Sieve 20.00/each Sieve, Washed Over #200 25.00/each Combined hydrometer/Sieve 42.50/each Specific Gravity 20.00/each Unconfined Compression Testing Soil W/0 Stress - Strain Curve 10.00/each W/Stress - Strain Curve 15.00/each Rock, including cutting and capping 25.00/each cuivc_uAT7rov i eccnriercc Schedule of General, Field and Laboratory Fees December 1, 1979 Page Four Compaction Testing (Proctor) Standard $65.00/each Modified 75.00/each Relative Density, Maximum/Minimum 75.00/each California Bearing Ratio (single point) 70.00/each Consolidation Testing, including e - log p curve Loading Cycle - 1/4, 1/2, 1, 2, 4, 8, 16 150.00/each tsf, Typical Unloading Cycle - 8, 4, 1 tsf Typical 50.00/each Additional Load or Unload Increments 15.00/each Time Ratio Curve, Per Load Increment 12.00/each Triaxial Testing Unconsolidated - Undrained (9) - 3 Specimens/Test 175.00/test Consolidated - Undrained (R) -'3 Specimens/Test 225.00/test Consolidated - Drained (S) - 3 Specimens/Test 245.00/test Additional for Pore Pressure Measurements 175.00/test Permeability Testing Falling Head or Constant Head 80.00/each Rock quality Designation (RQD) Determination 5.00/each Remolded Sample for Test Purposes 30.00/each Unified or AASHTO Classification, Additional to Required Testing 2.00/each ph Determination 15.00/each Sulfate Determination 20.00/each Other Chemical Contents On Request MATERIALS - FIELD Coring of Concrete or Asphalt Equipment Cost (per inch diameter per inch core) 1.25 Generator or Water Source 15.00/day Stviss Hammer, Compressive Strength 10.00/test c--1 J. T1C�V • •CC I. I.I. TCC Schedule of General, Field and Laboratory Fees, December 1, 1979 Page Five Nuclear Densometer Equipment Cost - Hourly Equipment Cost - By Test Pachometer (size and location of reinforcing steel) MATERIALS - LABORATORY Concrete - Cylinders (6" x 12" Nominal) $ 5.00/hour 100.00/week 3.00/each 25.00/day Mold .75/each Break, including curing, capping, and reporting 5.25/each Hold, cured but not broken 3.50/each Unit Density 1.00/each Mix Design Development of Theoretical Mix Design 100.00/each Certification of existing design 65.00/each Trial Batch, including 6 test cylinders and molds 165.00/each Cut Specimen Absorption 10.00/each Unit Density 9.00/each Trimming 7.50/cut Break, including curing, capping and reporting 10.00/each Block Testing Single Block - Break 15.00/each Prism - Break 20.00/each Absorption 10.00/each Net Area Determination 15.00/each Beam Testing Flexural Strength, including net area determination 20.00/each Molding Equipment 4.00/each SHIVQ_WATTCGV L ECCnC1ATGS r • lee -e 1,64, RESOLUTION NO. 7 9- 5 4 7 RESOLUTION AUPHORIZING EXECUTION OF AN AGREEMENT WITH CARL WALKER AND ASSOCIATES FOR FULL-TIME PROJECT INSPECTION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement With Carl Walker and Associates , a copy of said a ree�ment being atta to s Reso u on s reference made a gait hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with Carl Walker and Associates for full-time project inspection on the Block 64 parking garage 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 Carl Walker and Associates 2. That the City Clerk shall furnish copies of said _agreement to any citizen requesting same. It was moved by P erre t and seconded by Roberts the Resolution be adapted, and upon roll—call there Were: AYES: NAYS: ABSENT: X BALMER X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS x VEVERA Passed and approved this 4 t h qday OOf' December , 1979- AT=: 979.ATTEST: L ��u , C Mayor City Clerk Received & Approv,.d By The Legal Depart9ant /36 CITY OF CIVIC CENTER 410 E. WASHINGTON ST. November 28, 1979 Mr. Dennis E. Neu Carl Walker & Associates, Inc. 6100 Golden Valley Road Minneapolis, MN 55422 O\NA /.GJ cSt�C ai CITY IOWA CITY IOWA 52240 (319) 354.1800 Re: Additional Services of Consultant Per Contract For Block 64 Parking Garage Dear Mr. Neu: 15,uC2�uvL�111 =DEC- CARL WALKER & ASSQ.�J In accordance with our engineering agreement dated August 8, 1978, the City is requesting that Carl Walker & Associates, Inc. provide a resident project representative for this project. The duties and responsibilities of the resident project representative are: 1. Those duties defined in Exhibit A of the Engineering Agreement. 2. Full time observation and reporting of the condition of pile driving equipment and operations, including driving of production and test piling. 3. Verification of top of piling and top of pile cap elevations. 4. All pile driving logs shall be submitted to Shive-Hattery and Associates as promptly as possible for review. The resident project representative's services will be provided from approximately December 10, 1979 to approximately September 1, 1980. It is estimated that resident services will require approximately 35 hours per week. Provisions will be provided by the City to Carl Walker & Associates for office space and furnishings. It is agreed that the City of Iowa City will provide office space and office furnishings, including a desk, chair, reference table, plan rack, and telephone. In addition, it is agreed that any typing service required by the resident project repre- sentative for performance of his duties on this project will be provided by the City staff. Local and long distance telephone service will be provided using a WATS line and typing will be provided using the central word processing center. Typing and WATS line service for projects other than this one will be billed to Carl Walker & Associates. Compensation to the City for these facilities and services will be in the form of a reduced multiplier in determining the hourly fee for professional services. The fee in the original agreement called for a 2.6 multiplier. With the inclusion of the above facilities and services, the fee for the resident project representative will be reduced to 2.5 X direct personal expenses. The City will also pay reimbursable expenses as listed. Mr. Dennis E. Neu November 28, 1979 Page 2 1. Expense of transportation and living when traveling outside of the Iowa City area in connection with the project. 2. Expense of reproduction, postage and handling of drawings and specifications, excluding copies for consultant's office use. 3. Computer time for design work. The fee for resident services is estimated to be approximately $45,000 plus reimbursable expenses. This estimated fee is based on a completion of the construction phase by approximately September 1, 1980. Should the construction phase extend past this date, the estimated fee would be increased on a pro -rated basis. This agreement does not in any way affect the number of trips specified in the original agreement to Iowa City by other staff members nor other services to be provided by Carl Walker & Associates. If you concur with the terms of this agreement, please sign in the space noted below and return one copy to the City for our records. Sinc rel yours, Neal Berlin City Manager AUTHORIZED BY: CARL WALKER & ASSOCIATES, INC. i ( J // Name uvtr Title Name Title /v Date Date bc2/5 RECED'E'D & BY THE LEGS RESOLUTION NO. 79-548 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCA= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: Say Rarick and Terry O'Brien dba The Vine, 529 S. Gilbert St Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by rerret that the Resolution as rhe adopted, and upon roll—call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of December , 19 79 Mayor Attest:&L- /� City Clerk 14ee.,OK-u, RESOLUTION NO. 79-54t RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS,Iowa City Vending dba Sears at Sycamore Mall in Iowa City, Iowa, has surrendered cigarette permit No. 80-117 , expiring June 30th , 19 80 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. 80-117 , issued to Iowa City Vending 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 Iowa City Vending Jay Shaw as a refund on cigarette permit No. 80-117. It was moved by Balmer and seconded by Perrer that the Resolution as read be adopted, and upon roll call there were: Passed and approved this 11th day of December 19 79 . Mayor ` Attest: AYES:AN YS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 11th day of December 19 79 . Mayor ` Attest: RESOLUTION N0. 79-550 RESOLUTION ACCEPTING IHE WORK CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENT PHASE II -A PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the Central Business District Streetsca e Improvements Phase II- roJect as included in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa dated July 17, 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 Balmer and seconded by Perret that the resolution as read be a opt , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this l l th day of December eeccember 19 7 9, „ ,� Mayor ATTEST: ti City Clerk Recaived & App.oved By The Legal Department CITY OF CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT December 5, 1979 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. Central Business District Streetscape Improvement Phase II -A as constructed by Metro Pavers, Inc. of Iowa City, Iowa. The final cost is $426,260.45. The contract was for $435,769.00, but included the pavement adjacent to the parking ramp entrance which was deleted due to conflict with the ramp construction. This work will be done either with Phase II -B or by separate contract. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respec fully s bmitted, Eugene A. Dietz, P.E. City Engineer EAD/jp cc: City Plaza II RESOLUTION ACCEPTING PAVEMENT AND STORM SEWER AND THE BOX CULVERT FOR THE BDI SPECIAL ASSESSMENT PROJECT r,,�-4�� WHFJT-AS, the Engineering DepartTent has certified that the following improvecrents have been fileted in accordance with plans and specifications of the City of Iowa City, The BDI Special Assessment Project: Part A - box culvert construction as completed by Cedar Hills Construction of Oxford, Iowa. Part B - pavement and storm sewer construction as completed by Metro Pavers of Iowa City, Iowa. Metro Pavers & AND WHEREAS, Maintenance Bonds for Cedar Hills Construction are on file in the City Clerk's Office, NOW 'THEREFORE BE rr RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Balmer and seconded by Perret that the Resolution as read be accepted, and upon roll call there were: BALMER X J DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA X Passed and approved this 11th day of December , 19 79 . / , > Mayor City Clerk Received & Approved By The Legal Department /.;2I• CITU OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT December 5, 1979 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 BDI Special Assessment Project: Part A - box culvert construction as completed by Cedar Hills Construction of Oxford, Iowa. Part B - pavement and storm sewer construction as completed by Metro Pavers of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eu�ene A. Dietz, P.E. City Engineer EAD/jp ITSOLUPION NO. 79-552 RESOLUTION ACCEPTING SANITARY SEWER IMPROVEMENTS IN WINDSHIRE 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, Sanitary sewer lines from existing manhole number 8 to manhole number 8-1 and from manhole number 8-1 to manhole number 8-2 in Windshire (which is an amended large scale residential development of lots 3 and 4 of Westwinds) as constructed by Knowling Brothers Contracting Company of Sharon Center, Iowa. Sanitary sewer lines from existing manhole number 7 to manhole number 7-1 and from man- hole number 7-1 to manhole number 7-2 in Windshire will be installed at a later date; escrow will be kept for these improvements until they are built. AND WHEREAS, Maintenance Bonds for Knowling Brothers are on file in the City Clerk's Office, NOW TfERIT'ORE BE TT RESOLVED by the City Council of Iowa City, Iowa, that said improvenents be accepted by the City of Iowa City. It was moved by Balmer and seconded by Perret that the Resolution as read be accepted, and upon roll call there were: NAYS: RAI MFR X DEPROSSE X ERDAHL X NEUHAUSER X PERRET X ROBERTS X VEVERA X Passed and approved this 11th day of December 19 79 �� a/z W a,,, -, 5 � Mayor ,. City Clerk p2CchIM 3 Ap:3r0vc.d Ey T � Lada! C)epar;,;�cnt /:2-,, �� CITY OF IOWA CITY CIVIC CENFER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT November 19, 1979 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 lines from existing manhole number 8 to manhole number 8-1 and from manhole number 8-1 to manhole number 8-2 in Windshire (which is an amended large scale residential development of lots 3 and 4 of Westwinds) as constructed by Knowling Brothers Contracting Company of Sharon Center, Iowa. Sanitary sewer lines from existing manhole number 7 to manhole number 7-1 and from manhole number 7-1 to manhole number 7-2 in Windshire will be installed at a later date; escrow will be kept for these improvements until they are built. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Rer l s bfitted, C Eu ene A. Dietz, P. E. City Engineer bdw3/13 Iua6V IuapiSaa eMol PUe1OeJ-ill-Xauioll Xe V q-gsoz-QNf1 I.NVdWO I.L'IVIISV9 3-8I3 Q3 LINI1 G Q ltdioulid 'OO ONIlOI21AO3 'SUS ONIIMON'A 'mrI ul anlilA put aosoJ llnJ u1 uirwos put aq of as)mlaylo :ploA put 11nu Qq 01 u0pr8ligo slgs uags 'lllom pies Jo lledal put aoueualu)ew m loadsas grim uenuoo pies Jo suop!pu Oa put swial ayl lit yllm Xldwoa 'n Oadsoi saylo 11r u) Ilrgs put 'poliad pies Sullnp ciedai poo8 snonunuoo u! Mom lir dDa> lltys put 'glom pies Jo uonannsuoo aql ul pain Irlosuew rood io dsgsuruu iiom peq Jo uoseal Xq 'laenuoa pits apun >floft ays Jo aoueldaOor Jo alup cql wolf sM4 Jo posiad a4i ulylim 'giom pits ui dolaaap Xew ley sloa)ap lie put .(ue Xpawal 'asuadxa put lsoa umo s1q It 'Ilrgs put scop ledi0u11d pies ayl J! Iegl 'gonS sl uont8llg0 slgl Jo uopipuo7 aql 'alojalaq.L 'moN p!rsalo)r it VMOI ALIO VMOI 30 ALIO pies Su iXJiuw apul '2alueltn8 to puoq qans ui !ediou!ld pies 1111.11 u!of 01 paalSe seq 'uonulap!suoO algrnITA e lo) ' V A10I 'SQIdV2i 'EVQ3J Jo 'ANbdWOO T.Z'IVIISVO 18 32iI.3 Q3.LINfl pies ays 'srasagm pile :uenuoO plus tapun lllom ays Jo aauelda»e Jo alep ays wolf sleaX Z OMI Jo popad t gi!m lliom pies u! dolanap Xew leyl sle!lalew so d!ysuew>'" ill sua)ap Xue Xpawai 1 ulaaw eitn8 'Xlluwapul Jo puoq r ys)uln) pinogs ledlouild pies oql lrgi si uenuoa pies Jo uonipuoo nylinJ a 'staloq,y put :suonu0p!oads uituao y11m XlnusoJuoO ill 'enrol '41Q eMOI 'DJLgSpulM le JDMaS 4J?liueS e )O uonannsuoa ay 10) Xiessaaau loge[ pue (ViDlew aql He ySw111) 01 '-64 6/ 61 ' aunp 10 Xep 4I6 ayl palep/'uenuoa uieslaa a olui palalua Irdlouud plus ayl 'sralagyl eMol 1413 eMol `uoileaod.lo3 asOJL@w ayl ggim — bL61 'Q 'tl AaqajDOJo Xrp IO£ sIgl palal!lap Put pail S!S 'swasaid asagl Xq XlwnJ 'Xllelasx Put X1111[0[ 'su S!sse Put slossaaans 'slolenslu!wpe put 'siolnoaxa 'shay 1!ayl Jo goua pue 'P41 'sa,llaswayt pu!g dusnS put ieduulid Hyl 'spew aq of Xina put Ilam 111014m Jo wawXed ayl ioJ 'zauawV Jo salulS pollurl ays Jo .(auow InJ.me! 'S8tl'I'10o 5L' b99`b YI ----------------------OOI/SL ONV RE A13I3 03dGN0H XIS oNVS(IOHi dn03 Jo wns Iruad ay1 ui VMOI ALIO VMOI 30 ALIO ayl own punoq XIw11) Put play air 'XlainS sr"---UMOr—Jo aluis aql ul ssau)snq op 01 pazuoylne put 'vmOI 'SQIdVii UVQ30 Jo NOI.LV-dodZi00 VMOI NV ''&NVdWOO 'C.j IVfISVO 18 32II3 Q3.LINf1 ay pue 'Irdlwlld sr eMol IIO eMol Jo OO 9NIi3VdiNO3 'SRG 9NIIMONN 1 rq.L pivaoa.id aoay; fig uasu 77v ("OuY (IN09 :IDKv d3.LIiI9I4 I 'ED FIRE & CASUALTY COMPANY HuME 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, 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 March 1, 1981 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 Vier President, or any other officer of the Company, 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 autho- riaed hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorneyor cer- tification of either authorised 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 attorneys -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 attorneydn-fact. cq COFPCAAIC 6 2 �I\ SEAL IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this is t day of March , A.D. 1979 State of Iowa, County of Linn, ss: UNITED FIRE & CASUALTY COMPA By ice President ` On this 1st day of March 19 79 , 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. ppER C. HECKAOTH /ry COMMISSIO" U"I:ES / tember 30 iJ'6 Notary Public My commission expires September 30, 1980 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. In testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said ec, CCFPCA61i sic? Company this 30th day of October 1979 ( (' SEAL J .J�!ti-. Mme. •L2�i,�sAssistant Secretary UND- RESOLUTION NO. 7 9- 5 5 3 RESOLUTION ACCEPTING PAVING AND STORM SEWER FOR VILLAGE GREEN, PART 10 WHEREAS, the Engineering Department has certified that the following improv%rents have been completed in accordance with plans and specifications of the'City of Iowa City, Concrete paving and storm inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa and storm sewer as constructed by Weber Brothers of Mechanicsville, Iowa for Village Green, Part 10, not to include the stormwater detention basins. Weber Brothers & AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. 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 Balmer and seconded by Ter ret that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x J DEPROSSE x ERDAHL x NEUHAUSER X PERRET x ROBERTS x VEVERA x passed and approved this 11 t h day of December 19 79 1-4 ATTEST: cauu City Clerk Received & Apprevt?d By Tine Legal Department CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 35Q.180D ENGINEER'S REPORT December 6, 1979 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. Concrete paving and storm inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa and storm sewer as constructed by Weber Brothers of Mechanicsville, Iowa for Village Green, Part 10, not to include the stormwater detention basins. ' I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, i �is�C Eug ne A. Dietz, P.E. City Engineer bc2/4 r PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF IA 389497 Know All Men By These Presents: That Weber Bros. of Mechanicsville, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the Iowa City Development Co., Inc. Iowa City, Iowa in the penal sum of Fourteen thousand, one hundred ninety-six & 10/100 IS 14,196.10 ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 14th day of September A. b. 19 79 Whereas, the said Principal entered into a certain contract, dated the 2nd day of April 19 79 , with the Iowa Ci ty Devel opment Co. , to furnish all the material and labor necessary for the construction of Storm sewer, Village Green 10 - Wakefield Court G in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing -to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City, Iowa as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shill aat f}i qwn cost and expense, remedy any and all defects that may develop in said work, within the period of L ll lI years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved By ,19 City Solicitor. Weber Bros. Principal By MERCH. S MAL BONDING COMPANY Suret od sII, Vice Pres en CERTIFICATION I, the undersigned officer of the MERCHANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: — The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company. W.W. Warner, President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice President; M.J. Long, Vice President; W.G. Brundage, Treasurer; Emily DeBolt, Secretary; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this 14th day of Sept. 197_ President State of Iowa ) ,, )ss County of Polk ) On this 14th day of Sept. , 1912, before me appeared W.W. Warner, to me personally known, who being by me duly sworn did say that he is President 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 affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. Notary Public, Polk County, Iowa My Commission Expires 9-30-80 NOTARY SEAL PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men By These Presents: That Metro Pavers #386,967 of Iowa City, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the City of Iowa City, Iowa , in the penal sum of SIXTY NINE THOUSAND EIGHT HUNDRED NINETY SIX AND 71/100------------ ---------- 69,896.71---- ($ )DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 3rd day of December A.D. 19 %9 Whereas, the said Principal entered into a certain contract, dated the 1St day of October 19 79 , with the to furnish all the material -and labor necessary for the construction of approximately 5306.67 square yards 7" PCC pavement 3 RA3 intakes 1 RA5 intake 3,328 lineal feet of curbing in Village Green Part X Addition, Iowa City, Iowa in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of five ( 5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City, Iowd as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does an* at �i own cost and expense, remedy any and all defects that may develop in said work, within the period of ` f years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved By ,19 City Solicitor. METRO PAVERS, INC. Principal MERCHANTS MUTUAL BONDING COMPANY Surety By Attorney—In— ac MERCHA,.tTS MUTUAL BONDL,NG COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the MI'W itA\TS sn I t AI. WN cusn•xss, it corporal it,n duly orgunizcd under the laws of the State of Iowa, and having in principal office in the City of fks Moines. Countof Polk. Stile of loaa. hath made, constituted and appointed, and dues by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMair II, Carl J. (rant Jr., James E. Thoffpyson, James F. Norris, F. Melvyn Hrubetz ofMo� nes and Stale of Iowa os true and lawful Atlomcy-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 exceed in ffinount the sun of CNE MILLICN DOLLARS ($1,000,000.00) and to bind the MERCHANTS MUTUAL. BONDING COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney. pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By-law adopted by the Baud of Directors of the MERCHANTS MUTUAL BONDING COMPANY. ARTICLE '-. SECTION 5A, --The Charimun of the Board or President or tiny Vice President or Secretary shall have power and authority to appoint Aaomeys-in-Fact, and to authorize them to execute on behalf of the Company. and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contract, of indemnity and tither writings obligatory in the nature thereof." In Witness Whereof. MERCHANTS MUTUAL BONDING COMPANY has caused these presents to he signed by it, President and Vice President• and its corporate seal to he hereto affixed. this 22nd day of May A U 1979 Attest: MERCHANTS MUTUAL- BONDING COMPANY By 4., PnnJe., STATE OF IOWA COUNTY OF POLK } es On this 2211d day of May ,19 79 , helore me appeared W.W. Wainer and William Warner, to me Personally known, who hemi; h) me duly sworn did say that They are President and Vice President respcc- tively of the MERCHANTS MUTUAL BONDING COMPANY. the corporation descrihed in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument %ta, signed and scaled in behalf of said Corporation by authority of its Bnard of Directors. In Testimony Whereof. I have hereunto set my hand and affixed by Official Scal, at the City of Des Moines• low.i the day and year first above written. 1�••$ •T, IOWA 1. 1 It, ( F,P;rr, 9-30-81 �f r •.,,w•i, trf STATE OF IOWA *I A C S COUNTY OF POLK ) ss. 1, William Wainer. Vice Resident of the MERCHANTS MUTUAL BONDING COMPANY'.1, 1 IY�LtM*6, certify that the above and foregoing is a true and correct copy of the POWER OF A'ITORj �'( sad MERCHANTS BONDING COMPANY, which is still in farce and effect. s�;••'���/g' In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at + syt?�4 a Aso this 3rd day of December 19-79 `; 1933 . = e tTq G This power of attorney expires Until Revoked .._ •• RESOLUTION NO 79-554 A'RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WHEREBY THE CITY SHALL PLACE A BUS SHELTER ON THE GROUNDS OF HOOVER SCHOOL WHEREAS, the City and the Iowa City Community School Board deem it in the public interest to provide bus shelters for the residents of Iowa City, and WHEREAS, the parties agree that the grounds of Hoover School provide a desirable location for a bus shelter. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign, and the City Clerk to attest, an agreement between the City and the Iowa City Community School Board. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: Passes and approved thisllth Balmer DeProsse Erdahl Neuhauser Perret Roberts Vevera ATTEST: a_; 4&2:4z ) City Clerk day of December // M 1979. Received 8 Approved By The Legal Departrrwnt i P- 7 - 79 A -e— AGREEMENT This agreement, made and entered into this lith day ofbecember, 1979 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and the Iowa City Community School Board, hereinafter referred to as the Board. WHEREAS, it is in the mutual interest of the City and the Board to provide bus shelters at locations which are safe and convenient for the residents of Iowa City, and WHEREAS, Chapter 2BE of the Code of Iowa 1979 provides, in substance, 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 Board as follows: 1. The City is hereby authorized to construct at its expense a bus shelter with concrete pad at the northeast corner of the front drive of Hoover School and Court Street in Iowa City. 2. The City shall maintain and repair the shelter for the duration of this agreement. 3. The Board shall allow the City to use the site for the duration of this agreement at no cost. 4. Upon the termination of this agreement, the City shall remove the shelter at its expense and regrade the site. 5. The City agrees to defend, indemnify and hold harmless the Board, its officers, employees and agents from any and all liability or claims of damages arising from the placement of the bus shelter on the Hoover School property including, but not limited to injuries to persons or property. 6. The term of this agreement shall commence upon the signing of the agreement and continue until December 31, 1989. 7. The 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 COMMUNITY SCHOOL BOARD �i _i? Q By: MAYOR ATTEST: CITY CLERK Received $ Approved 13Y the legal Department /3G f RESOLUTION NO 79-555 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITII ACT TO PROVIDE FOR THh CONSTRUCTION OF A PORTION OF NORTH DUBUQUE ROAD WHEREAS, it Is in the mutual interest of ACT and the City of Iowa City to improve the portion of Dubuque Road which abuts the property of ACT, and WHEREAS, the parties have come to an agreement for the allocation of the cost of construction and future repairs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign, and the City Clerk to attest, an agreement between the City and ACT. It was moved by Balmer and seconded by rerret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: 1979. Balmer deProsse Erdahl Neuhauser Perrett Roberts Vevera Passed and approved thisllth day of December ATTEST: CXi! Ze"- cJ City Cler Received 8 Approved By The Legal Department /a-G-/�; /.370 AGREEMENT This Agreement is made by and between the American College Testing Program, Inc., P.O. Box 168, Iowa City, Iowa, hereinafter also called ACT, and the City of Iowa City, a municipal corporation, hereinafter referred to as the City. WHEREAS, ACT is the owner in fee simple or the equitable owner of certain tracts of real estate located in Johnson County, Iowa, and more particularly described as shown on attached Schedule A, and WHEREAS, ACT has expended $125,000 to improve the right of way and pave a certain portion of the street known as North Dubuque Road located in the City of Iowa City, and the properties owned by ACT herein described are located on and adjacent to both sides of said North Dubuque Road, and WHEREAS, the proposed paving project shall benefit the City of Iowa City as well as ACT; NOW, THEREFORE, it is hereby agreed by and between the parties hereto: 1. Prior to December 1, 1979, ACT shall install, at its expense, improvements and paving along the length of that street known as North Dubuque Road in Iowa City from a point beginning at its intersection with North Dodge Street and continuing to a point immediately behind and adjacent to ACT's national headquarters building. This paving bisects properties owned by ACT as well as properties of other owners adjacent thereto in the vicinity of the ACT properties. Said paving shall not be installed on those portions of North Dubuque Road that extend beyond the general vicinity of ACT. All of said paving shall be in accordance with City specifications and plans which identify the exact location. 2. ACT agrees to seed and grade as necessary areas disturbed as a result of this agreement with a seed mixture approved by the City Engineer between March 1 and May 15, 1980. 3. After said improvements and paving are installed, the City shall assume all responsibility for the maintenance and condition of said paved street for the design life and ACT shall not assume responsibility or liability for the maintenance, repair, replacement, or condition of same by virtue of its having contracted and paid for said paving. 4. The City shall assume all responsibility for the inspection of the paving work while in progress and for final approval of the same at completion. 5. If at any time in the future there should be a special assessment(s) for the repair, replacement, or widening of the improvements and paving installed by ACT, ACT shall receive a credit on any such assessment(s) equal to the sum paid by it under this Agreement. 6. That this Agreement shall be binding upon the successors and assigns of the parties hereto. 2 • The undersigned do hereby state that this contract is executed in triplicate, as though each were an original, and that there are no oral agreements that have not been reduced in writing in this instrument. Executed this 11th day of December , 1979. FOR THE CITY: ATTEST: STATE OF IOWA THE AMERICAN COLLEGE TESTING PROGRAM, INC. VCE PRESIDENT & TREASURER SS: COUNTY OF JOHNSON ) I, 9, MC 7°ja notary public in and fqr said county, in the state ofgreshid, do hereby certify that _0/uj M. 1(bod*ki. and Mai : i F brz-�1- , to me personally known to be the president and vice president and treasurer respectively of the American College Testing Program, Inc., a corporation and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president and vice president and treasurer respectively they signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notorial seal this /la day of 40eceJe/' 1979. Notary Public in and for aid County and State My commission expires 919-o 196� lieceived & Apprcvr.LJ BY The Legal Department ' • BEST SCHEDULE A DOCUMENT That part of the East ! of the Northe st t f S AVAILABLE i a . u ectron 2. Township 79 North, Range 6 West of the Sth P.M., described as follows: Commencing at the point where the south line of Old Highway x261, now known as U.S. Ilighway 91, intersects with the east line of said Section 2, thence south 56 degrees 43 minutes west along the southerly line of said highway 1008.6 feet, thence south 23 degrees 84 minutes east 103 feet, thence north 6S degrees 45 minutes east 348.1 feet, thence south 01 degrees 29 minutes west 179.3 feet, thence south 01 degrees 49 minutes west to the north line of the old Solon road, Ihcnce east along the north line of said road to the cast line of Section 2, Township 79 North, Range 6 West of the'Sth P.M., thence northerly along said section line to the point of be- ginning. All that part of the East half of the Northeast quarter of Section 2, Township 79 North, Range 6 West of the Fifth Princi- pal Meridian, Johnson County, Iowa, more particularly described as follows: Commencing as a point of reference at the intersection of the Southeast line of Old Iowa Highway No 261 (now known as Iowa Highway No One) and the East line of said Section :; thence South 560 43' West 1008.6 feet ;clung tbo .,nnth•,,ilurl line of said highway to a point (this ir. purposes of this description); thence South 230 54' East 103.0 feet to point of beginning of tract herein described; thence North 650 45' East 348.1 feet to a point; thence South 010 291 West 179.3 feet to a point; thence North 830 23' West 314.8 feet to point of beginning, and containing 0.645 acres, more or less Beginning at the northwest corner of Section 1, 'township 79 North, Range 6 West of the Sth P.M., thence South along the West fine of said Section, 990 feet to the irrersection of said West line with the centerline of the lot.. w y -Solon ('aunty Road as the same was located in April, 192U; .hvnrr nn a line wh, n is at right angles to the center .inl• of said county road as the same is located now, South 620 East 92.3 feet to the present centerline of the Iowa City - Solon County Road; thence Northeasterly along said center line to the North'line of said Section 1; thence West along said North line 657 feet to the place of beginning; except t3_:Ji jOCU ME\T AVAILABLE all that part thereof lying Northwest the pavement on the public highway as except that portion thereof deeded to a certain deed recorded in Book 254, of Johnson County, Iowa. of the center line of now located; and, also the State of Iowa in at page 46, Deed Records The North Half of the Southwest quarter of Section 1, also beginning at the Southeast corner of the Northeast Quarter, Section 2, thence North 11 chains 80 links, thence South 80 degrees West 7.27 chaims, more or less, thence South 10.32 chains to the South line of said Northeast Quarter of said Section 2, thence East along said Fouth line 7.17 chains, more or less, to the place of beginning; also the East tract of land Southeast corner of Section 2, described as follows: Beginning at the Northeast corner of the Southeast Quarter of said Section 2, thence Southerly along the Fast line of said Section 2, 100.00 feet to a point, thence Northwesterly to a point on the North line of said Southeast corner of Section2 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 a point of beginning, all in Town- ship 80 North, Range 6 West of the Sth P.M. RESOLUTION NO. 79-556 RESOLUTION AUTHORIZING AMENDMENT OF THE FISCAL YEAR 1980 COMMUNITY DEVELOPMENT BLOCK GRANT (SPECIAL REVENUE FUND) BUDGET WHEREAS, the City of Iowa City, Iowa, is the recipient of Community Development Block Grant Funds granted by the U.S. Department of Housing and_ Urban Development under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the approved City of Iowa City budget for FY80 does not presently reflect actual funds available for Community Development Block Grant activities, including unexpended funds from the fiscal year ended June 30, 1979; and WHEREAS, the City Council of Iowa City, Iowa wishes to consolidate and account for all Community Development Block Grant.activities and funds under the current fiscal year budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the City Manager is hereby authorized and directed to amend the City's FY80 Community Development Block Grant Budget in accordance with the schedule attached hereto and by reference made a part hereof. 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 deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 11th day of December 1979. MAYOR ATTEST: (/L! ti CITY CLERK Received $ /approved By Tho Lcgal Department /? 7/ FY BO COMML Y DEVELOPMENT BLOCK GRANT BUD( AMENDMENTS REVENUE SOURCES 5th Year Entitlement Grant $ 669,000 4th Year and Prior Year Entitlement Grants 3,056,463 Program Income 603,408 LWCF Grant* 11,600 TOTAL $4,340,471 *LWCF: Land & Water Conservation Fund APPROVED FY80 AMENDED FY80 BUDGET BUDGET 1. COMMUNITY PLANNING Comprehensive Plan $ 40,775 $ 40,775 Human Needs Plan 0 8,136 2. NEIGHBORHOOD REVITALIZATION Housing Rehabilitation 100,000 172,460 Housing Code Enforcement 101,000 101,000 Neighborhood Site Improvements 0 396,510 3. RALSTON CREEK FLOOD CONTROL Preliminary Measures 0 20,000 South Branch Improvements 0 809,066 North Branch Improvements 0 730,839 4. HANDICAPPED/ELDERLY PROJECTS Architectural Barrier Removal 0 50,000 Nelson Adult Center 0 50,000 Senior Center 214,000 986,282 5. URBAN RENEWAL ACTIVITIES R14 Administration & Completion 30,000 212,797 6. ADMINISTRATION General Program Administration and Management 125,000 140,000 7. OTHER PROGRAMS Park Improvements 0 31,535 Energy Conservation 26,880 34,280 River Corridor Improvements 0 74,050 Aid to Victims of Spouse Abuse 0 80,000 8. CONTINGENCY 32,345 402,701 TOTAL $670,000 $4,340,471 REVENUE SOURCES 5th Year Entitlement Grant $ 669,000 4th Year and Prior Year Entitlement Grants 3,056,463 Program Income 603,408 LWCF Grant* 11,600 TOTAL $4,340,471 *LWCF: Land & Water Conservation Fund RESOLUTION NO. 79-557 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH OUT OF DANGER, INC., dba AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE (AAVSA), FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and, WHEREAS, the City of Iowa City wishes to utilize such funds to provide a shelter for victims of spouse abuse and to engage Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse,to acquire, rehabilitate, and utilize an emergency spouse abuse shelter in the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse, (AAVSA), to acquire, rehabilitate and utilize an emergency spouse abuse shelter. ?. That the approval of said agreement shall be contingent upon AAVSA demonstrating to the City Council firm financial commitments for the program operation of the spouse abuse shelter. It was moved by deProsse and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perrot x Roberts x Vevera Passed and approved this lith day of December , 1979• ATTEST: Mayor City Clerk Received A Approved 6y The Legal Depar4rrwnf J CONTRACT BETWEEN THE CITY OF IOWA CITY AND OUT OF DANGER, INC., DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE THIS AGREEMENT, entered into this llcbday of December , 1979 by and between the City of Iowa City, a municipal corporation, (herein referred to as the "City") and Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse, a private non-profit entity (herein referred to as "AAVSA"); WHEREAS, the City is the recipient of funds granted by the U. S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93- 383); and WHEREAS, the City wishes to utilize such funds to provide a shelter for victims of spouse abuse and to engage AAVSA to acquire, rehabilitate, and utilize an emergency spouse abuse shelter in the City of Iowa City; NOW, THEREFORE, the parties hereto agree to the following in performance of this contract: PART I I. PURPOSE AND SCOPE OF SERVICES: A. AAVSA will acquire and rehabilitate a residential structure (property) in the City of Iowa City which will then be utilized as an emergency shelter for victims of spouse abuse. B. The property to be acquired shall meet the following criteria: 1. Its location shall be limited to the designated Iowa City community development block grant neighborhood improvement project area. 2. Upon completion of rehabilitation it shall, at a minimum, meet HUD Section 8 Existing Housing Quality Standards. 3. In all other respects, it shall conform to applicable laws, codes, and ordinances of the City of Iowa City and the State of Iowa. C. Selection of the property to be acquired shall be made by AAVSA, with written concurrence of the City. II 2 D. Technical assistance in the rehabilitation of the structure shall be provided by the City. E. Following the completion of rehabilitation, the structure shall be occupied and utilized by AAVSA solely as an emergency shelter for adults alone and with children who are seeking refuge from domestic violence, i.e., victims of spouse abuse. TIME OF PERFORMANCE: AAVSA will perform according to the following schedule; subject to change upon mutual agreement of both parties, in writing: Program Element Deadline 1. Demonstration of Financial Viability December 31, 1979 2. Acquire property January 31, 1980 3. Contract for rehabilitation February 29, 1980 4. Complete rehabilitation May 31, 1980 5. Occupy structure/begin shelter June 30, 1980 operations 6. Continue shelter operations July 1, 1980 through June 30, 1985 III. COMPENSATION AND METHOD OF PAYMENT: AAVSA agrees that demonstration to the City Council of financial viability, in the form of firm monetary commitments toward the shelter's first year operating budget, shall be a condition precedent to the receipt of and/or acceptance of any compensation under this agreement. The City will pay and AAVSA agrees to accept in full the sum of eighty thousand dollars ($80,000) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a properly executed real estate sales agreement for purchase of the property. Payment will be contingent, however, upon procurement of insurance as required under Section IV.0 of this agreement. 2. Balance of compensation due will be paid upon presentation of a properly executed contract for the rehabilitation of the structure. The City will determine whether proposed and actual rehabilitation work meets the required minimum standards. 3 3. The total of the above payments will not exceed $80,000. IV. TERMS AND CONDITIONS OF OWNERSHIP: A. Title to the property will be vested in the name of Out of Danger, Inc. B. The City will assume no responsibility or liability for the operation, program funding, or debts of the property. C. AAVSA will, at its own expense, procure and maintain during the period of this agreement, all-risk property damage and liability insurance to be effective as of the date of possession of the property. Property damage coverage shall not be less than $80,000, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. D. AAVSA will not sell, assign, or transfer any legal or equitable interest in the property at any time prior to June 30, 1985 without the written concurrence of the City. E. In the event that the AAVSA elects to sell or otherwise transfer legal or equitable interest in the property prior to June 30, 1985, AAVSA will pay to the City the full amount of $80,000. F. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. 9 PART II I. PERFORMANCE AND REPORTING: A. AAVSA will maintain on ongoing program of services for victims of spouse abuse at the property to be acquired under this agreement until June 30, 1985, in a manner satisfactory to the City. B. AAVSA will direct all correspondence concerning this agreement to the office of the Iowa City Community Development Block Grant Program Coordinator. C. AAVSA will submit quarterly reports to the Program Coordinator's office by the tenth day of January, April, July, and October of each contract year. In addition, an annual report will be submitted by January 15 of each contract year. No reporting requirements shall extend beyond June 30, 1985. Such reports will include, at a minimum, statistics pertaining to the numbers and places of residence of persons housed in or utilizing the services of the shelter. D. Not later than July 15, 1980, AAVSA will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS. AUDITS. AND INSPECTIONS: A. AAVSA will furnish the City or HUD with such statements, records, data, and information as the City or HUD may request pertaining to this agreement within the time requested. B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized reprsentatives, all of AAVSA's records with respect to this contract in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this contract. C. AAVSA will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the close of this contract. D. AAVSA shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the spouse abuse shelter. AAVSA also agrees to abide by all applicable State and federal laws pertaining to domestic and/or child abuse information, if and when such laws would apply. 5 III. PROCUREMENT STANDARD The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 shall apply to the use of funds disbursed under this contract. IV. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Emergency Spouse Abuse Shelter on the basis of race, color, national origin, or sex. Reasonable fees may be charged for the use of the shelter, but charges which will have the effect of precluding low and moderate income persons from using the shelter shall not be permitted. V. EQUAL EMPLOYMENT OPPORTUNITY: AAVSA certifies that it is an Equal Opportunity Employer and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, AAVSA will ensure that all contracts for work under this agreement contain an appropriate equal employment opportunity statement. VI. HISTORIC PRESERVATION: AAVSA will assist the City to comply with all historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: AAVSA will comply with the requirements of the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this contract. VIII.TERMINATION OF CONTRACT FOR CAUSE: If AAVSA shall fail to fulfill its obligations under this contract in a timely and proper manner, or if AAVSA violates any of the terms, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to AAVSA of such termination, specifying the reason(s) for termination and the effective date thereof, at least 30 days before the effective date of such termination. In that event, AAVSA will re -pay to the City the full amount of $80,000, or alternatively, shall convey legal title of the property to the City of Iowa City. y Further, either party may terminate this contract by giving written notice to the other party which shall set forth the reason(s) for termination and the effective date thereof, at least 30 days before the effective date of such termination. Upon such termination, AAVSA will repay to the City the full amount of $80,000, or alternatively, shall convey legal title of the property to the City of Iowa City. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this contract pertains, shall have any private interest, direct or indirect, in this contract. X. INTEREST OF AAVSA: AAVSA covenants that it presently has no .interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. AAVSA further covenants that in the performance of this contract no person having such an interest shall be employed by AAVSA. XI. ASSIGNABILITY: AAVSA shall not assign or transfer any interest in this contract, whether by assignment or novation, without the prior written approval of the City. XII. HOLD HARMLESS PROVISION: AAVSA shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. 7 IN WITNESS WHEREOF, the parties hereto have executed this contract on this 11tWay of December , 1979. CITY OF IOWA CITY BY: rt��l��-ori MAYOR ATTEST: ) CITY CLERK OUT OF DANGER, INC. , DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE BY: �c "O / L� l,/Y / WITNESS: Reteived & Approved aye to legal DeparffTwc* RESOLUTION NO. 79-558 RESOLUTION ESTABLISHING SIDEWALK SNOW REMOVAL FEES FOR THE SIDEWALK ORDINANCE OF IOWA CITY WHEREAS, it is in the public interest to require snow removal from sidewalks after a snowfall, and, WHEREAS, the payment of a sidewalk snow removal fee is necessary to offset the administrative costs, NOW, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: The fees for sidewalk snow removal shall be as follows: 1. The minimum fee per lot shall be $25.00, plus $.20 for each lineal feet of sidewalk exceeding 100 lineal feet. 2. The fee for homesteads occupied by physically impaired or physically limited persons including the elderly shall be $12.50 for the first 100 lineal feet of sidewalk, plus $.10 for each additional lineal foot thereafter. 3. Homeowners meeting the low income qualifications in addition to the physically impaired or physically limited criteria shall have snow removal services provided by the City, free of charge. 4. The eligibility criteria referred to above shall be established by administrative rule, purusant to Sec. 31-123 of the Iowa City Code of Ordinances, as amended. Governmental agencies are exempt from the sidewalk snow removal fees required herein; provided, however: the agencies will be required to pay the actual costs incurred by the City of Iowa City. It was moved by Perret and seconded by Neuhauser Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse x Erdahl X Neuhauser x Perret X Roberts X Vevera the Passed and approved this 11th day ofDecember, 1979. MAYOR ATTEST: RECEIVED & APPROVED CITY CLERK M M LEGAD DEPARTIMT RULE FOR SPECIAL SNOW REMOVAL SERVICES FOR THE ELDERLY & HANDICAPPED Under Section 31-123 the following rule is put into effect: (A.) Special Services for Physically Impaired or Physically Limited Persons The City will provide snow removal services for physically impaired or physically limited persons including the elderly who live in single family dwellings as owner -occupant. The City shall require a written statement from a physician stating that the resident is not able to perform snow removal activities because of medical or physical limitations. This service will be provided to owner -occupants only when the individuals requesting special snow removal services are the only residents of the building in question. If other able bodied individuals reside in the building, snow removal services will not be provided under this section. A fee shall be charged for this service which can be paid directly to the City or liened against the property. The director shall establish a fee schedule for this service in November of each year and said fee shall be in effect until the following November. The City representative shall contact the owner/applicant requesting said service to make mutually agreeable arrangements for the snow removal and other matters concerning this service. (B.) Special Fee Exemption for Low Income Persons Homeowners qualifying for special snow removal services for physically impaired or physically limited persons as stated in (A) above shall be exempted from all fees provided that the following criteria and registration has been completed prior to receiving snow removal services: 1. To qualify for the annual waiver, all residents of a household must: a) be eligible under the low income criteria of one of the following programs: Supplementary Social Security Benefits, Title XX Program, ADC Program, Food Stamp Program; or, b) qualify for a reduction in the previous year's property tax pursuant to the Iowa Disabled and Senior Citizen Property Tax and Rent Disbursement Claim Program. 2. Application for the waiver shall be accepted from October 1 through April 1 of each year. 3. The waiver shall be effective for one year, and renewal applications shall be made from October 1st through April 1st. 4. The waiver of fees established by this resolution shall be effective retroactively to December 1, 1979. RESOLUTION NO. 79-559 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR THE ACQUISITION OF REAL PROPERTY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal Aid Urban System, FAUS, project known as Project No. M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property referred to below; and, WHEREAS, in order to acquire said real property, the City desires to enter into contracts for the purchase of the real property referred to below with the owners of said real property, 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 contracts for the purchase of the real property referred to below for the amounts designated opposite each Parcel: Parcel No. Purchase Price 1 $ 22,000 4 $179,991 5 17,800 9 2,200 It was moved by Balmer and seconded by'Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this lith day of December 1979./ nMAYOR ATTEST: C. CITY CLERK }u'Cl'1'o"•I i 9 Fir;;r0 '/j 7'e,,Z r AGREEMENT THIS AGREEMENT, made and entered this 11th day of Decanber , 1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City" and David Braverman, Wake -0, and CK of Iowa City, hereinafter referred to as "Owners". WHEREAS, the City of Iowa City has deemed it in the public interest to undertake the FAUS Gilbert Street project; and WHEREAS, the owners have an interest in Lot 1 in Part 1 of Southgate Addition to the City of Iowa City, Iowa and the easterly 60 feet of Lot 2 in Part 1 of Southgate Addition to Iowa City. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. The City shall, not later than February 15, 1980, acquire the following described real estate by condemnation: Beginning at the southwest corner of Lot One (1) in Part I of Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 45.68 feet along the southerly line of said Lot One (1); thence northwesterly 46.14 feet along a 183.98 foot radius curve concave northeasterly and whose 46.02 foot chord bears N71°16'00"W to the westerly line of Lot One (1); thence S11°33'00"W 5.75 feet along the westerly line of said Lot One (1) to the point of beginning. Said parcel contains 132 square feet more or less; and in addition, Beginning at the northeast corner of Lot Two (2) in Part I of Southgate Addition to Iowa City, Iowa; thence S11°33'00"W 0.74 feet along the easterly line of said Lot Two (2); thence southwesterly 118.28 feet along a 914.55 foot radius curve concave northwesterly and whose 1.18.20 foot chord bears S28°01'38"W; thence southeasterly 23.56 feet along a 15.00 foot radius curve concave northeasterly and whose 21.21 foot chord bears S10°44'00"E; thence southeasterly 26.88 feet along a 183.98 foot radius curve concave northeasterly and whose 26.86 foot chord bears 559°54'16"E to the easterly line of Lot Two (2); thence S11°33'00"W 5.75 feet to the southerly line of Lot Two (2); thence N78°27'00"W 60 feet along the southerly line of Lot Two (2); thence N11°33'00"E 148.00 feet to the northerly line of said Lot Two (2); thence S78°27'00"E 61).00 feet along the northerly line of said Lot Two (2) to the point of beginning. Said parcel contains 6,292 square feet more or less; 2. The condemnation shall provide that the City, not later than March 1., 1980, convey the following described land to the condemnees: All that part of the Sand Road right of way as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43007'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from' the centerline of Highway 6 By -Pass; thence S 70°58' 34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11°33' 00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By - Pass; thence N 70058' 34" W, 21.32 feet to the centerline of Sand Road; thence N 22054' 00" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. Also subject to a permanent easement over the entire tract. 2 and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p.m.; thence S43007105"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S22°54'00"E 108.73 feet; thence S67°06'00"W 55.00 feet; thence northeasterly 23.56 feet along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22°54'00"W 121.17 feet to the northeast corner of Lot 1, Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. The City will retain a temporary easement over the above described real estate for construction and traffic purposes in connection with the project until November 15, 1980. 3. The City shall comply with the procedures outlined in Section 364.7 of the Code of Iowa for the disposal of property. 4. The City shall be granted a temporary easement over certain real estate more particularly described in Exhibit A attached hereto under the conditions contained therein. 5. The owners agree that Iowa -Illinois Gas and Electric Co. may continue to maintain a gas line at its present location although an easement has not been conveyed. Whenever service to this line will be required, the owner may require Iowa -Illinois Gas & Electric to - reconstruct the line within the permanent easement. 6. The City shall indemnify the owner against any 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. The City shall promptly complete repairs, with the payment of overtime if necessary. 7. The owners and City agree that the sum of $140,000 shall be awarded by the Compensation Commission as an agreed award for all damages sustained by virtue of the condemnation. No request for allocation of the award shall be made by any of the owners as this is a matter of separate agreement among themselves. 8. The City shall deposit the funds awarded not later than ten days following condemnation. 9. The City will make every effort to provide reasonable access to the Country Kitchen during the construction phase and to complete construction north of station 69+33.4, the south radius of Waterfront Drive, as shown on the construction plans within 50 working days; however, the parties agree that a failure by the contractor to provide adequate access during construction or to complete the project in a timely manner will not create a cause of action against the City. It is the interest of the owners and the City agrees to complete the project as early as possible and in as short a time as possible after commencement thereof. Construction will commence on the project not later than May 15, 1980. THIS AGREEMENT shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to set agreement. THE UNDERSIGNED DO HEREBY STATE that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. i _ 3 FOR THE CITY: ATTEST: STATE OF IOVIA ) SS JOHNSON COUNTY ) On this day of 6 p .� _ QR 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared David Braverman, 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. •• L MNK C. SUIDEK . MY ISS101 EXPIRES '� Notary Public in and for said County and State 51, .i i[e "14: el .kilo 6 1 { Y�'YiccR. � . , 5w., ;� lry �y7}f{. e,. [ ♦E i+ tct"c �W5 4 WAKE- GARY L. rKEIELD r Pdrtney STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this 2Sth day of January19 .'8D before me, .the undersigned, a Notary Public in and for said County and State, personally appeared Gary L. Wakefield, to me known to le identical person named in and who executed the withi d foregoing 'nstrnd acknowledged that he executed the same ash s oluntary ac a d xoroary" uo Count and STATE OF IOWA JOHNSON COUNTY ) r sa On this day of , 1979, before me, the undersigned, a Notary Publi n and for -.-,,aid County and State, personally appeared Bruce H. Olso o me known to be g identical person named in and who executed th thin and foregoing instru t and acknowledged that he executed the me as his voluntary act and deed. CK OF IOWA CITY notary t'uDlic in ana Tor sa County and State FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STATE OF IOWA.. ............JOHNSON ..... .........................COUNTY, ss: On this -..39.th_.day of.. ....... January_._________ A. D. 1980.., before me, the undersigned, a Notary Public in and for said County and Slate, personally appeared ........ ....... RonaldNovak .................................................................................. --.---.--............................. ................................................ ......... ...... ............ .. to me known to be the identical personanaahmPPed in and w e e t d t , with Phis is affached, and acknowledged that heXXY. exec a same s ................. ....L........................... f eg ing 'ument, fo which act nd�d¢ecy. r Bs Ronald ..Nowak.......... Notary ublic in and for sold County and Sfato IOWA STATE BAR ASSOCIATION Official Form No. 11 '2Tv.ev.m..e ...41...J, 5W. vl 1-. eoen $1MD1 '1'11k 11rlvlhlg: APIII, 1978 My commission expires Sig 19?0 • c v n 4 WAKE- GARY L. rKEIELD r Pdrtney STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this 2Sth day of January19 .'8D before me, .the undersigned, a Notary Public in and for said County and State, personally appeared Gary L. Wakefield, to me known to le identical person named in and who executed the withi d foregoing 'nstrnd acknowledged that he executed the same ash s oluntary ac a d xoroary" uo Count and STATE OF IOWA JOHNSON COUNTY ) r sa On this day of , 1979, before me, the undersigned, a Notary Publi n and for -.-,,aid County and State, personally appeared Bruce H. Olso o me known to be g identical person named in and who executed th thin and foregoing instru t and acknowledged that he executed the me as his voluntary act and deed. CK OF IOWA CITY notary t'uDlic in ana Tor sa County and State FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STATE OF IOWA.. ............JOHNSON ..... .........................COUNTY, ss: On this -..39.th_.day of.. ....... January_._________ A. D. 1980.., before me, the undersigned, a Notary Public in and for said County and Slate, personally appeared ........ ....... RonaldNovak .................................................................................. --.---.--............................. ................................................ ......... ...... ............ .. to me known to be the identical personanaahmPPed in and w e e t d t , with Phis is affached, and acknowledged that heXXY. exec a same s ................. ....L........................... f eg ing 'ument, fo which act nd�d¢ecy. r Bs Ronald ..Nowak.......... Notary ublic in and for sold County and Sfato IOWA STATE BAR ASSOCIATION Official Form No. 11 '2Tv.ev.m..e ...41...J, 5W. vl 1-. eoen $1MD1 '1'11k 11rlvlhlg: APIII, 1978 My commission expires Sig 19?0 ' , e 4 PERMANENT EASEMENT THIS AGREEMENT, made and entered into by and between David Braverman, DJ Trust, Edmund Gatens as trustee, hereinafter referred to as "OWNERS" and the CITY OF IOWA CITY, a municipal corporation, hereinafter referred to as "City" It is hereby agreed as follows: 1. The Owners hereby grant and convey to the City a non-exclusive permanent easement for the purpose of constructing, maintaining and using storm and sanitary sewers, water lines and gas lines in the area described as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43°07'05" W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70°58'34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11033'00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence N 70°58'34" W, 21.32 feet to the centerline of Sand Road; thence N 22054100" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. 2. The Owners hereby covenant that they are lawfully seized and possessed of the real estate described above and that they have a good and lawful right to convey this easement. 3. 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 storm and sanitary sewers, and water mains. 4. The City shall have the right to trim and remove all trees or bushes which may interfered 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 Owners. All trees and shrubbery which the City is hereby authorized to cut and remove, shall be replaced at no cost to the Owner. 5. 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 Owners. 6. The Owners reserve the right to use the real estate above described for purposes which shall not interfere with the City's full enjoyment of the rights granted in this easement; provided however, that the Owners shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. 7. The City agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement. The City shall pay overtime, if necessary, to minimize business interruption for Owners. 8. The City shall indemnify Owners against any loss or damage which may occur in th^ 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. 9. 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 perpeLual easement shall be recorded at the time of its execution. DATED this day of 1979. CITY OF IOWA CITY, IOWA SI MAYOR ATTEST CITY CLERK DAVID BRAVERMAN STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this day of , 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , 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 his voluntary act and deed. Notary Public in and for said County and State DJ TRUST EDMUND GATENS, TRUSTEE STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this day of , 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , 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 his voluntary act and deed. Notary Public in and for said County and State /9-7-79 /A— ice-o.Z � CONSTRUCTION EASEMENT THE UNDERSIGNED, being the owners of the following described real estate, to -wit: DESCRIPTION OF TEMPORARY EASEMENT A strip of land 10 feet wide lying easterly of and adjacent to the east right of way line of realigned South Gilbert Street and extending from Waterfront Drive to Highway N6; also a strip of land 10 feet wide lying northerly of and adjacent to the north right of way line of realigned Waterfront Drive and extending from the east right of way line of realigned South Gilbert Street to 95 feet east; all as shown on the South Gilbert Street construction plans for and in consideration of $1.00 Dollar and other valuable consideration, the receipt of which is hereby acknowledged, do hereby grant and convey to the City of Iowa City, Iowa, an easement and right of entry and encroachment over the above described real estate, for the purpose of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant conveys to the City of Iowa City, Iowa, its agents and employees and its contractors employed by the City for the construction of said improvement the right to enter and encroach upon the real estate described for the period of construction of the street improvement and is for the purpose of grading the street, sidewalks or driveways to street grade and as it may be used for the purpose of constructing said improvement or structures related thereto and may include storage of equipment or materials on said real estate and also includes reseeding and repairing damaged areas on private property and the seeding of street right-of-way all as provided in the plans and specifications of said project. It being understood that the City of Iowa City, Iowa, by accepting this grant of easement, right of -entry and encroachment, agrees to replace and repair any damage to said real estate caused by said construction and to reseed said real estate after fine grading said real estate and that in the event any damage is caused to said real estate by the negligence of the City of Iowa City or its employees, that said damage will be repaired or compensated. This easement shall be declared null and void on December 15, 1980. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. A,' %S, -z - DATED Lhis 11th (lily of December, 1979. C11Y 01 IOWA CITY, IOWA r BY MAYOR ATTEST CITY CLERK DAVID BRAVERMA STATE OF jjQWAxCALFFORNIA RIVERSIDE ) SS SOHN$RN COUNTY ) 1980 On this 25 day of /Agobefore me, the undersigned, a Notary Public in and or said Co�ljjn,,ty and State, personally appeared David Braverman , 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 his voluntary act and deed. OFFICIAL SEAL GINGER Li. EVANS NOTARY PUBLIC - CALIFORNIA �b PRINCIPAL OFFICE IN RIVER' .'DE COUNTY My Comm-vion Exp. Aug. 16, 1993 � Y , Notary Public in and for said County and State It EXHIBIT A TEMPORARY EASEMENT This Agreement is made and entered into by and between David Braverman, hereinafter referred to as "Owner" and the City of Iowa City, a municipal corporation, hereinafter referred to as "City". It is hereby agreed as follows: 1. The Owners hereby grant and convey to City a non-exclusive temporary easement to provide for the continued use of the existing sewer line until a new sanitary sewer is constructed. This easement shall terminate upon the completion of the new sanitary sewer or December 31, 1990, whichever is sooner. The area of the easement is described as follows: That area located 5 feet either side of the line described as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p.m.; thence S 43°07'05" W 317.00 feet; thence S 22°54'00" E 108.73 feet; thence S 67°06'00" W 12.60 feet to the point of beginning; thence N 22°08'14" W 116.31 feet to the southerly line of U.S. Highway #6 right of way. 2. The Owners hereby convenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement. 3.The City shall have the right to make excavations and to grade as it may find reasonably necessary for the repair and maintenance of the sanitary sewer. 4. The City shall have the right to trim and remove all trees or brush 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 Owners. All trees and shrubbery which the City is hereby authorized to cut and remove, shall be replaced at no cost to the Owner. 5. 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 Owners. 6. The Owners reserve the right to use the real estate above described for purposes which will not interfere with the City's full enjoyment of the rights granted in this easement; provided however, that the Owners shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. 7. The City agrees to promptly backfill any trench made by it and repair any damage within the area subject to the easement. The City shall pay overtime, if necessary, to minimize business inter- ruption for Owners. 8. The City shall indemnify Owners 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. 9. 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. The easement agreement shall be recorded at the time of its execution. -2 - Dated this 25 day of pebruar) A.D.,1980 DAVID BRAVERMAN CALIFORNIA STATE OF I}3ktRX ) J -- RIVERSIDE -RIVERSIDE ) SS 40fflON COUNTY ) On this 25 day of February. A.D. 19 81Obefore me, the undersigned, a Notary Public in and for said Countyy-,7n said State, personally appeared David Braverman 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. OFFICIAL SEAL GINGER M. EVANS NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN RIVEHIDE COUNTY MY Comirkdon Exp. Aug. 26, 1983 �l Notary Public in and for said County i£�ca �GcJ PERMANENT EASEMENT THIS AGREEMENT, made and entered into by and between David Braverman and [dosaT:ie G. Braverman, husband and wife, hereinafter referred to as 'Owners", and the CITY OF IOWA CITY, a municipal corporation, hereinafter referred to as "City" It is hereby agreed as follows: 1. The Owners hereby grant and convey to the City a non-exclusive permanent easement for the purpose of constructing, maintaining and using storm and sanitary sewers, water lines and gas lines in the area described as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43°07'05" W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70°58'34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11033'00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence N 70°58'34" W, 21.32 feet to the centerline of Sand Road; thence N 22°54'00" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. 2. The Owners hereby covenant that they are lawfully seized and possessed of the real estate described above and that they have a good and lawful right to convey this easement. 3. 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 storm and sanitary sewers, and water mains. 4. The City shall have the right to trim and remove all trees or bushes which may interfered 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 Owners. All trees and shrubbery which the City is hereby authorized to cut and remove, shall be replaced at no cost to the Owner. 5. 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 Owners. 6. The Owners reserve the right to use the real estate above described for purposes which shall not interfere with the City's full enjoyment of the rights granted in this easement; provided however, that the Owners shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. 7. The City agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement. The City shall pay overtime, if necessary, to minimize business interruption for Owners. 8. The City shall indemnify Owners 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 siness during the temporary use of the area for repairs or ntenance. 9. 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. [his perpetual easement shall be recorded at the time of its execution. DATED this 11th day of December CITY OF IOWA CITY, IOWA ATTEST CITY CLERK DAVID BRAVERMAN STATE OF IOWXX ClLIFORNIA RIVERSIDE COUNTY ) SS , 1979. ROSALIE G. BR-i-Vi—wt Zvi 1980 On this 25 day of February 1010, before me, the undersigned, a Notary Public in and for aid County and State, personally appeared David Eravexman and Rosalie,GCo viM to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. OFFICIAL SEAL GINGER M. EVANS .gyp' NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN Notary P(Iblic in and for said RIVER.1IOE COUNTY County and State __— - M11r Commission Exp. A19. 26, 1983 /e61-1-11 TEMPORARY EASEMENT This Agreement is made and entered into by and between David Braverman, hereinafter referred to as "Owner" and the City of Iowa City, a municipal corporation, hereinafter referred to as "City". It. is hereby agreed as follows: 1. The Owners hereby grant and convey to City a non-exclusive temporary easement for construction and traffic purposes .in connection with the FAUS Gilbert Street Project. 'The easement shall terminate on November 15, 1980. The area of the easement is described as follows: All that part of the Sand Road right of way as follows Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range G West of the Fifth P.M.; thence S 43°07'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70°58'34"E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11°33'00"W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence N 70°58'34"W, 21.32 feet to the centerline of Sand Road; thence N 220541001W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 41est of the fifth p.m.; thence 543°07'05"1.1, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of highway 6 By -Pass; thence 522°54'00"E 108.73 feet; thence 567°06'00"W 55.00 feet; thence northeasterly 23.56 feet along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22054'00"W 121.17 feet to the northeast corner of Lot 1, Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. 2. The City shall have the right to use the real estate described herein for construction and traffic purposes and the Owners shall not use the real estate in any manner which will interfere with the City's full enjoyment of the rights granted in this easement. 3. The City shall indemnify Owners 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. 4. 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. The easement agreement shall be recorded at the time of its execution. DATED this 11th day of Decaober 1979. -z - DATED this � day of 19r -J. CITY OF IOWA CITY, IOWA 8Y MA OR ATTEST na CITY CLERK, STATE OF IOWA ) SS JOHNSON COUNTY ) On this day of D , Q_; 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared q �!� A. µ. � _ , 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 his voluntary act and deed. RESOLUTION NO. 79-560 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WHEREBY THE CITY WILL ACQUIRE A PORTION OF THE COUNTRY KITCHEN PROPERTY, CONVEY A VACATED PORTION OF SAND ROAD AND RETAIN CERTAIN EASEMENTS IN CON- JUNCTION WITH THE FAUS GILBERT STREET PROJECT. WHEREAS, it is in the public interest to construct certain improvements on Gilbert Street in Iowa City, and WHEREAS, it is necessary to acquire a portion of the Country Kitchen property to construct these improvements pro- posed by the FAUS Gilbert Street Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Mayor is authorized to sign and the City Clerk to attest the agreement with the owners of the Country Kitchen property. 2. The Mayor is authorized to sign and the City Clerk to attest the permanent easement which provides for utilities in a vacated portion of Sand Road. 3. The Mayor is authorized to sign and the City Clerk to attest a temporary easement which permits the maintenance of a sewer line at its present location until December 31, 1990. 4. The Mayor is authorized to sign and the City Clerk to attest the temporary easements for the construction phase. keceived $ Approved By The Legal Department 12-7-79 / c37CZ7 -2 - It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x I Perret x Roberts x Vevera Passed and approved this 11th day of December 1979 . OYL- AT=, : c City Clerk AGREEMENT THIS AGREEMENT, made and entered this 11th day of December 1979 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City" and David Braverman, Wake -0, and CK of Iowa City, hereinafter referred to as "Owners". WHEREAS, the City of Iowa City has deemed it in the public interest to undertake the FAUS Gilbert Street project; and WHEREAS, the owners have an interest in Lot 1 in Part 1 of Southgate Addition to the City of Iowa City, Iowa and the easterly 60 feet of Lot 2 in Part 1 of Southgate Addition to Iowa City. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. The City shall, not later than February 15, 1980, acquire the following described real estate by condemnation: Beginning at the southwest corner of Lot One (1) in Part I of Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 45.68 feet along the southerly line of said Lot One (1); thence northwesterly 46.14 feet along a 183.98 foot radius curve concave northeasterly and whose 46.02 foot chord bears N71°16'00"W to the westerly line of Lot One (1); thence S11033'00"W 5.75 feet along the westerly line of said Lot One (1) to the point of beginning. Said parcel contains 132 square feet more or less; and in addition, Beginning at the northeast corner of Lot Two (2) in Part I of Southgate Addition to Iowa City, Iowa; thence S11°33'00"W 0.74 feet along the easterly line of said Lot Two (2); thence southwesterly 118.28 feet along a 914.55 foot radius curve concave northwesterly and whose 118.20 foot chord bears S2800].'38"W; thence southeasterly 23.56 feet along a 15.00 foot radius curve concave northeasterly and whose 21.21 foot chord bears S10°44'00"E; thence southeasterly 26.88 feet along a 183.98 foot radius curve concave northeasterly and whose 26.86 foot chord bears S59°54'16"E to the easterly line of Lot Two (2); thence S11°33'00"W 5.75 feet to the southerly line of Lot Two (2); thence N78°27'00"W 60 feet along the southerly line of Lot Two (2); thence N11°33'00"E 148.00 feet to the northerly line of said Lot Two (2); thence S78°27'00"E 6'0.00 feet along the northerly line of said Lot Two (2) to the point of beginning. Said parcel contains 6,292 square feet more or less; 2. The condemnation shall provide that the City, not later than March 1, 1980, convey the following described land to the condemnees: All that part of the Sand Road right of way as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43°07'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70°58' 34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11°33' 00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By - Pass; thence N 70°58' 34" W, 21.32 feet to the centerline of Sand Road; thence N 22°54' 00" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. Also subject to a permanent easement over the entire tract. 04 and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p. m.; thence S43°07'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S22°54'00"E 3.08.73 feet; thence S67°06'00"W 55.00 feet; thence northeasterly 23.56 feet along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22°54'00"W 121.17 feet to the northeast corner of Lot 1, Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. The City will retain a temporary easement over the above described real estate for construction and traffic purposes in connection with the project until November 15, 1980. 3. The City shall comply with the procedures outlined in Section 364.7 of the Code of Iowa for the disposal of property. 4. The City shall be granted a temporary easement over certain real• estate more particularly described in Exhibit A attached hereto under the conditions contained therein. 5. The owners agree that Iowa -Illinois Gas and Electric Co. may continue to maintain a gas line at its present location although an easement has not been conveyed. Whenever service to this line will be required, the owner may require Iowa -Illinois Gas & Electric to reconstruct the line within the permanent easement. 6. The City shall indemnify the owner against any 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. The City shall promptly complete repairs, with the payment of overtime if necessary. 7. The owners and City agree that the sum of $3.40,000 shall be awarded by the Compensation Commission as an agreed award for all damages sustained by virtue of the condemnation. No request for allocation of the award shall be made by any of the owners as this is a matter of separate agreement among themselves. 8. The City shall deposit the funds awarded not later than ten days following condemnation. 9. The City will make every effort to provide reasonable access to the Country Kitchen during the construction phase and to complete construction north of station 69+33.4, the south radius of Waterfront Drive, as shown on the construction plans within 50 working days; however, the parties agree that a failure by the contractor to provide adequate access during construction or to complete the project in a timely manner will not create a cause of action against the City. It is the interest of the owners and the City agrees to complete the project as early as possible and in as short a time as possible after commencement thereof. Construction will commence on the project not later than I1ay 15, 1980. THIS AGREEMENT shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to set agreement. THE UNDERSIGNED DO HEREBY STATE that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. FOR THE CITY: ATTEST: CITY CLERK STATE OF IO47A ) SS JOHNSON COUNTY ) On this ' day of ��„�, Q z�� 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared David Braverman, 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 FfC.SLADEK NE%PIE EXPIRESQ. Notary Public in and for said County and State T 3 FOR THE CITY: ATTEST: CITY CLERK STATE OF IO47A ) SS JOHNSON COUNTY ) On this ' day of ��„�, Q z�� 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared David Braverman, 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 FfC.SLADEK NE%PIE EXPIRESQ. Notary Public in and for said County and State T 1 4 WAKE- Z,E l /" /' ,Y-/ GARY L. W K IELD, er STATE OF IOWA ) SS JOHNSON COUNTY ) On this 26th day of January 19 80 before me, .the undersigned, a Notary Public in and for said County and State, personally appeared Gary L. Wakefield, to me known to be t identical person named in and who executed the withi d foregoing 'nstr nd acknowledged that he executed the same as h s oluntary a- a d Countpand STATE OF IOWA JOHNSON COUNTY ) or sa On this day of 1979, before me, the undersigned, a Notary Pu6li in and fo-,,said County and State, personally appeared Bruce H. 01 so o line known to be toe identical person named in and who executed th thin and foregoing instrult and acknowledged that he executed the me as his voluntary act and deed CK OF IOWA CITY Notary Pub l i t h and for sa County and State FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STATE OF IOWA . .............JOHNSON ....................................COUNTY, ss: On this 30.th .day of ........January.. , A. D. AP... before me, the undersigned, a Notary Public in and for said County and State, personally appeared ...............Ronald Novak i f io mo known to be the identical persona naahmad in and w e e t d f with n nd f e ing I umen#, to which this is attached, and acknowledged that xxr exec a same s act nd ' � y, Ronald -Novak......... Notary Kublic in and for said County and State IOWA STATE BAR ASSOCIATION Official Form No. 11 lr..e..m.,k hwin This Prtniine: April. 1978 My commission expires 19?0 AGREEMENT THIS AGREEMENT, made and entered this 11th day of December 1979 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City" and David Braverman, Wake -0, and CK of Iowa City, hereinafter referred to as "Owners". WHEREAS, the City of Iowa City has deemed it in the public interest to undertake the FAUS Gilbert Street project; and WHEREAS, the owners have an interest in Lot 1 in Part 1 of Southgate Addition to the City of Iowa City, Iowa and the easterly 60 feet of Lot 2 in Part 1 of Southgate Addition to Iowa City. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. The City shall, not later than February 15, 1980, acquire the following described real estate by condemnation: Beginning at the southwest corner of Lot One (1) in Part I of Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 45.68 feet along the southerly line of said Lot One (1); thence northwesterly 46.14 feet along a 183.98 foot radius curve concave northeasterly and whose 46.02 foot chord bears N71°16'00"W to the westerly line of Lot One (1); thence S11033'00"W 5.75 feet along the westerly line of said Lot One (1) to the point of beginning. Said parcel contains 132 square feet more or less; and in addition, Beginning at the northeast corner of Lot Two (2) in Part I of Southgate Addition to Iowa City, Iowa; thence S11°33'00"W 0.74 feet along the easterly line of said Lot Two (2); thence southwesterly 118.28 feet along a 914.55 foot radius curve concave northwesterly and whose 118.20 foot chord bears S28°01'38"W; thence southeasterly 23.56 feet along a 15.00 foot radius curve concave northeasterly and whose 21.21 foot chord bears S10°44'DO"E; thence southeasterly 26.88 feet along a 183.98 foot radius curve concave northeasterly and whose 26.86 foot chord bears S59°54'16"E to the easterly line of Lot Two (2); thence S11°33'00"W 5.75 feet to the southerly line of Lot Two (2); thence N78°27'00"W 60 feet along the southerly line of Lot Two (2); thence N11°33'00"E 148.00 feet to the northerly line of said Lot Two (2); thence S78°27'00"E 60.00 feet along the northerly line of said Lot Two (2) to the point of beginning. Said parcel contains 6,292 square feet more or less; 2. The condemnation shall provide that the City, not later than March 1, 1980, convey the following described land to the condemnees: Al that part of the Sand Road right of way as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 4307105"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70°58' 34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11033' 00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By - Pass; thence N 70°58' 34" W, 2.1.32 feet to the centerline of Sand Road; thence N 22°54' 00" 14, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. Also subject to a permanent easement over the entire tract. m 2 and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p.m.; thence 543007105"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence 522°54'00"E 108.73 feet; thence S67°06'00"W 55.00 feet; thence northeasterly 23.56 feet along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22°54'00"W 121.17 feet to the northeast corner of Lot 1., Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. The City will retain a temporary easement over the aboJe described real estate for construction and traffic purposes in connection with the project until November 15, 1980. 3. The City shall comply with the procedures outlined in Section 364.7 of the Code of Iowa for the disposal of property. 4_ The City shall be granted a temporary easement over certain real estate more particularly described in Exhibit A attached hereto under the conditions contained therein. 5. The owners agree that Iowa -Illinois Gas and Electric Co. may continue to maintain a gas line at its present location although an easement has not been conveyed. Whenever service to this line will be required, the owner may require Iowa -Illinois Gas & Electric to reconstruct the line within the permanent easement. 6. The City shall indemnify the owner against any 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. The City shall promptly complete repairs, with the payment of overtime if necessary. 7. The owners and City agree that the sum of $140,000 shall be awarded by the Compensation Commission as an agreed award for all damages sustained by virtue of the condemnation. No request for allocation of the award shal l be made by any of the owners as this is a matter of separate agreement among themselves. 8. The City shall deposit the funds awarded not later than ten days following condemnation. 9. The City will make every effort to provide reasonable access to the Country Kitchen during the construction phase and to complete construction north of station 69+33.4, the south radius of Waterfront Drive, as shown on the construction plans within 50 working days; however, the parties agree that a failure by the contractor to provide adequate access during construction or to complete the project in a timely manner will not create a cause of action against the City. It is the interest of the owners and the City agrees to complete the project as early as possible and in as short a time as possible after commencement thereof. Construction will commence on the project not later than May 15, 1980. THIS AGREEMENT shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to set agreement. THE UNDERSIGNED DO HEREBY STATE that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. 0 3 FOR THE CITY: fi 0R o AITEST: CITY CLERK STATE OF IOWA ) ) SS JOHNSON COUNTY ) On thisday of j a S,. ,..4e — , 1979, before me, the undersigned, a Notary in and for said County and State, personally appeared David Braverman, 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 ►RANK C. /LADE' MY COMMISSION EXPIRES NA" U-8 Notary Public in and for said County and State 4 WAKE -0 f GAR L. AKEFIELD, PartAer STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this 26th day of ,Tani , 1980, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Gary L. Wakefield, t � known t�e-the ntical person named in and who executed the with' d foregol g i u t and acknowledged that he executed the same as i v�rlggtary ac d d. Cou STATE OF IOWA JOHNSON COUNTY On this day of 1979, before me, the undersigned, a Notary Public in a aid County and State, personally appeared Bruce H. Olson, to nown to be a identical person named in and who executed the wit • and foregoing instru t and acknowledged that he executed the sam his voluntary act and deed. Notary Public in and for sa County and State CK OF IOWA CITY FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STATE OF IOWA . ....... .... ..JQHNS.QN. ........................ COUNTY, ss: On this 30th day of.. January A. C. 1980 , before mo, the undersigned, a Notary Public in and for said County and State, personally appeared ....... Ronald Novak.. __... ..... .......................... . ... .................................................. ............................ . .....e ...................... ....... to me known to be the identical persorpc.n}}a,,��med in and who exe fed t e wit'tary/;cfjnd/1 and foregoin 1 sfrument, to Which this is offached, and acknowledged that XXX oxecuto a sa b q E v jed. Robert N. DOw r Notary ublic in end for said County and State IOWA STATE BAR ASSOCIATION Officlal Form No. 11 Qr.e..M.rk Ir.91.l.r.a, e,.,o or law&. 19671 8aUl This Prhniry: April, 1918` My commission expires �, a 199n" 6;4Gl1�� of �A.Cc- RESOLUTION NO. 79=561 RESOLUTION: EXEMPTING THE COLLEGE BLOCK BUILDING LOCATED AT 127 E. COLLEGE FROM THE STORM WINDOW/DOOR REQUIREMENT FOUND UNDER CHAPTER 17-4.(n)(2)g. WHEREAS, an exemption for the storm window/door requirement may be made by resolution of Council under Chapter 17-4.(n)(2)g. of the Code of Ordinances of Iowa City. WHEREAS, this dwelling is properly registered on the National Register of Historic Places. WHEREAS, the intrinsic construction of this building and subsequent insulation installation causes this building to exceed the energy standards prevailing at the time of restoration and reconstruction. NOW, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: 1. The College Block Building located at 127 E. College, is hereby found to be exempt from the storm window/door requirement of the Municipal Housing Code of Iowa City as per the provisions of Chapter 17-4.(n)(2)g. It was moved by Neuhausr and seconded by Balmer that the resolution as read be eadopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Perret X Roberts x Vevera Passed and approved this llthday of Deceem Mmber1979. /\ MAYOR ATTEST: CITY CLERK Received & Approved By The Legal Department r-7-71�.0xe_�— . 1 7 J RESOLUTION NO. 79-562 A RESOLUTION APPOINTING LAWRENCE LYNCH TO FILL THE UNEXPIRED TERM OF CAROL DEPROSSE AS A MEMBER OF THE CITY COUNCIL OF IOWA CITY WHEREAS, Carol deProsse has submitted her resignation as Councilperson for the City of Iowa City, and WHEREAS, Section 372.13(2) provides that a vacancy in an elective City office during a term of office shall be filled by the Council within thirty days after the vacancy occurs, and WHEREAS, Lawrence Lynch has been elected to the City Council effective January 1, 1980, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, THAT Lawrence Lynch is hereby appointed to fill the unexpired term of Carol deProsse as a member of the City Council. It was moved by Balmer and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl _ X Neuhauser X Perret X Roberts X Vevera Passed and approved this 18th day of December1979. MAYOR ATTEST: (2 Ltd, CITY CLERK RECEIVED & APPRO. R$ ME LEGAL DEPARTMcH'T 13 7F RESOLUTION NO. 79-563 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Southland Corp. dba 7 -Eleven #18048, 820 First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. 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: lmer % Lvnch X Erdahl % Neuhauser Perret % Roberts % Vevera % F Passed and approved this 18th day of December , 1979 ro N200 1A� Attest: otz A�-) City Clerk /J 77 RESOLUTION NO. 79-564 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Southland Corp. dba 7 -Eleven 1118048, 820 First Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. 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 Lynch X Erdahl % Neuhauser x Perret x Roberts % Vevera % Passed and approved this 18th day of 19 79 December RESOLUTION NO. 79-565 RESOLUTION APPROVING CLASS G LIQUOR CONTROL LICENSE APPLTCRrTO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve =or the following named person or persons at the following described location: Richard T. Corcoran dba The Shamrock, 525 S. Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Roberts that the Resolution as rea a adopted, and upon ro11 caIT there were: AYES: NAYS Balmer x Lynch x Erdahl x Neuhauser _ Perret x Roberts x Vevera x ABSENT: x Passed and approved this 18th day of December , 19 79 Mayor Attest: City Clerk RESOLUTION NO. 79-566 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCATM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approve�For the following named person or persons at the following described location: Peter C. Pei-dba:Yen Ching Restraurant, Inc., 1515 Mall Dr. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by that the Resolution there were: Balmer Lynch Erdahl Neuhauser Perret Roberts yevera Perret and seconded by Roberts as r>a 5e adopted, and upon io7�calT AYES: NAYS: ABSENT: x x x x x x x Passed and approved this 18th day of Mayor Attest: City Clerk December , 19 79 /Jfj-- A0.1 IL&�v RESOLUTION NO. 79-567 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Peter C. Pei dba Yen Ching Restraurant, Inc. 1515 Mall Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by pprrpr and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: Balmer x Lynch X Erdahl x Neuhauser Perret x Roberts x Vevera x NAYS: 19 79 Passed and approved this , Attest: City Clerk ABSENT: x 18th day of DEcember 13 S3 /�� RESOLUTION NO. 79-568 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Randall's International, Inc. dba Randall Foods 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. 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 Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 18th day of December , 19 79. Mayor , Attest: L2(L- City Clerk RESOLUTION NO. 79-569 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Randall's International, Inc. dba Randall Foods 1851 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: X Lynch X Erdahl X Neuhauser Perret X Roberts X Vevera x Passed and approved this 18th 19 79 Mayor Attest: City Clerk 10 ABSENT: X day of DEcember /9 8S RESOLUTION NO. 79-570 RESOLUTION ACCEPTING PAVING AT THE BOYRUM STREET CONNECTION WITH HIGHWAY 6 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, Paving at the Boyrum Street connection with Highway 6 as constructed by Metro Pavers Inc. of Iowa City, Iowa ADD WHEREAS, Maintenance Bonds for Metro Pavers Inc. 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 Roberts that the Resolution as read be accepted, and upon roll call there were: Passed and approved this 18th ATTEST: AYES: NAYS: ABSENT: X Rr, X day of December , 19 79. Mayor c« � City Clerk Received & Approved By The Legal Depart Hent �o / /. / yip �c CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354-1800 ENGINEER'S REPORT December 13, 1979 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. Boyrum Street connection with Highway #6 Bypass: Division II - Paving, 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. Respectfully submitted, Eu/gene A. Dietz, P.E. City Engineer EAD/jp RESOLUTION NO. 79-571 RESOLUTION ACCEPTIIvr, IMPROVEMENTS FOR COURT HILL - SCOTT BOULEVARD, PART V177 WHEREAS, the Engineering Department has certified that the following improvarents have been completed in accordance with plans and specifications of the City of Iowa City, Concrete paving and inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa, and storm and sanitary sewer as constructed by Drake Construction Inc. of Winterset, Iowa, all for Court Hill -Scott Boulevard, Part VII. Not to include storm water detention basin. AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. & Drake are on file in the City Clerk's office, Construction Co. NCW 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 Ferret and seconded by Roberts that the Resolution as read be acce , and upon roll call there were: AYES: NAYS: Balmer x Erdahl x Lynch x Neuhauser Perret x Roberts x Vevera x x Passed and approved this 18TH day of December , 19 79 . ATTEST: �24 - - 'zr_� Mayor J City Clerk Received & Approved By The Legal Department CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT December 14, 1979 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 specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa, and storm and sanitary sewer as constructed by Drake Construction Inc. of Winterset, Iowa, all for Court Hill - Scott Boulevard, Part VII. Not to include storm water detention basin. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Eugene A. Dietz, P.E. City Engineer EAD/FF/jp /.3jr;1 CERTIFICATION [,the undersigned officer of the MERCHANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and :undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: — The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company. W.W. Warner, President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice President; M.J. Long, Vice President; W.G. Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this }2th day of Peognbe , 19 79 President State of Iowa ) )ss County of Polk ) On this 12th day of ❑prpmhpr , 19 79 , before me appeared W.W. Warner, to me personally known, who being by me duly sworn did say that he is President 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 hereuntoset my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. Notary Public, Polk County, Iowa My Commission Expires 9-30-80 NOTARY SEAL 1, Y PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men By These Presents: That Metro Pavers, Inc. of #386,968 Iowa City, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the City of Iowa City, Iowd , in the penal sum of SIXTY TWO THOUSAND FOUR HUNDRED EIGHT AND 49/100------------------------------- 62,408.49 ($ --- )DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 3rd day of December Whereas, the said Principal entered into a certain contract, dated the October '19 79 , with the and labor necessary for the construction of approximately 4482. 3 RA5 intakes 1 RA3 intake 3 grate intakes 2750.86 lineal feet in Courthill Scott lst A.b. 19 79 day of Grove Acres, Inc. , to furnish all the material 25 square yards 7" PCC pavement of curbing Boulevard Addition Part VII in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of five (5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City, Iowa as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shall, aj his own cost and expense, remedy any and all defects that may develop in said work, within the period of fi Ve 151 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repairof said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved � ptlgsre-�-w-t� !- 11(f , 197 By (,C/CK�-�� , zt,A�«, City solicitor. 64""L r t 4 ""L METRO PAVERS, INC. Principal B J LERCHANTS MUTUAL BONDING COMPANY 11 Surety y Q By 11 4 e tfn-/ra 75rri orney-in--Fac /3,R7 MERCHANTS MUTUAL BONDI N -Li COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Presents, that the Mb a(atAVI'S %n rt Al. HUNmNri Cumi,ANl', a corporation duly organized under the laws of the State of Iowa, and having its principal office inthe City of Des Moines, County of Polk, Sute of Iowa. hath made, constituted and appointed, and does by these presents make, constitute and appoint INDIVIDUALLY C.B. Condon, G.A. LaMai.r II, Carl J. CYant Jr., James E. Thafgson, James P. Norris, F. Melvyn Hrubetz of Des Moines; and State of Iowa its tom and lawful Atiorney-in-Fact, with full power and authority heresy conlerred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surely; Any or all bonds or undertakings, provided that no bond or undertaking executed Under this authority shall exceed in amount the sums of ONE MILLICN 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 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. =' fhe Chariman of the Board or President or any 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 there(,), bonds and undertakings, recognizances. Contracts of indemnity and other writings obligatory in the nature (hereof." In Witness Whereof. MERCHANTS MUTUAL BONDING COMPANY has caused these presents it) he signed by its President and Vice President, and its corporate still it, be hereto affixed, this 22nd dap of May A.D.. 19%9 Attest: MERCHANTS MUTUAL BONDING COMPANY By Vi, r Pm W", STATE OF iOW,A COUNTY OF POI.K } ss On this 22nd day of May .19 79 , t efoic me appeared W.W. Warner and William Warner, to me personally known, who being by me duly sworn did Nay that they are President and Vice President respec- dvely of the MERCHANTS MUTUAL BONDING COMPANY. the corpordtion described in the foregoing instrument, and that the Seal affixed to the mid instrument is the Corporate Seal of the said Corporation and that the %aid instrument was signed and sealed in behalf of said Corporation by authority of its Board of Director%. 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. T •IIOWA I* 't R I A .%nrnn Puhln Pua C".w , toxo -- ,f, C.,,,,,,,,,,, 9-30-51 STATE OF IOWA COUNTY OF POLK 1, William Warner. Vice President of the MERCHANTS MUTUAL BONDING COM that the above and foregoing is a true and correct copy of the POWER OF ATf01 MERCHANTS BONDING COMPANY, which is still in force and effect. In Witness Whereof, 1 have hereunto set my hand and uffixed the tical of the Company, at this 3rd day of December 19, 79 CE -e This power of attorney expires Until Revoked 193 certify b. said PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF Know All Men By These Presents: IA -393373 That Drake Construction, Inc. of Winterset, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the Uty of Tnwa r9ty in the penal sum of Thi rty-Ei ght Thousand Eivp Hundrpd Twenty-Fnur and 79/1no --------------------- (g 38,524.79 ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 12th day of Decemher79 A.D. 19 Whereas, the said Principal entered into a certain contract, dated the 23rd day of _duo tat. , 19 79 , with the Bruce Glasgow to furnish all the material and labor necessary for the construction of storm sewer and sanitary sewer Court Hill Scott Boulevard Addition Part VII in the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of Indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City as aforesaid; Now, Therefore, the Condition of this Obligation is Such, that if the said Principal does and shall, t his own cost and expense, remedy any and all defects that may develop in said work, within the period of _ fi vp years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Principal Approved vin,., �,� le ,197 ///� //A p /// By 4.�J.. . ,/ n . By i �--�=`=—Y�' "a"' ' / ERCHAN-3- MUTUAL BONDING COMPANY City Solieito .. C2ih j 5 y ety By P Bliss, III, Vice President PRELIMINARY RESOLUTION NO. 79-572 A PRELIMINARY RESOLUTION PURSUANT TO ®384.42 OF THE IOWA CODE, 1979, CONCERNING THE ROAD IMPROVEMENTS RELATING TO THE HAWKEYE SPORTS ARENA AT THE UNIVERSITY OF IOWA WHEREAS The University of Iowa intends to construct the Hawkeye Sports Arena on State property located south of Newton Road and west of Wolff Avenue. WHEREAS it is deemed advisable that a road be built south from Rocky Shore Drive and east to Wolff Avenue and that an approach area on Highway 6 be widened and improved and WHEREAS Chapter 307A.5 and 384.56, Iowa Code, 1979, permits the city of Iowa City to assess the cost of the road and improvements to the State Executive Council and the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That it is deemed desirable, advisable and necessary to do the following, as a single improvement, to be known as the Hawkeye Sports Arena Road Project. 1. On site road construction. To construct a road south from Rocky Shore Drive and east to Wolff Avenue, benefiting University property owned by the State. The description of the property to be benefited is attached hereto as Exhibit A and by this reference made a part hereof; the City shall assess the State of Iowa Executive Council for all costs. 2. Improvement to Highway 6. To improve, by widening and other improvements Highway 6 from the intersection of Rocky Shore Drive extending west to the city limits of Iowa City. A description of the property to be benefited is attached hereto as Exhibit A and by this reference made a part hereof; the City shall assess the State of Iowa Department of Transportation for all costs. The City Engineer is hereby ordered to prepare, in coordination with representatives of the State and University and .with their assistance, preliminary plans and specifications estimating the cost of the work, and a plat and schedule, and to file same with the Clerk. 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 g Lynch g Erdahl X Neuhauser g Perret g Roberts X Vevera Passed and approved thisl8th day of December , 19 79. ATTEST: d/ , City Clerk Mayor Receh,ed 3, Approv^-d by Tho Local /38$ EXHIBIT A INFORMATION FOR PRELIMINARY RESOLUTION FOR PUBLIC IMPROVEMENTS IN ACCORDANCE WITH SECTION 384.42 (OFF-SITE ACCESS ROADS) Description of Proposed Improvements - Proposed improvements shall consist of grading, storm intakes, storm sewer for roadway drainage portland cement concrete paving widening, asphaltic concrete paving overlay, site restoration, and intersection signalization. Location of Proposed Improvement - The proposed improvement shall extend easterly along Highway No. 6/218 from the west corporation limit of the City of Iowa City -approximately 1,500 feet. Description of the Benefited Property - The benefited property is the Highway No. 6/218 right-of-way extending easterly from the west cor- poration limit of the City of Iowa City approximately 1,500 feet. SHIVE-HATTERY & ASSOCIATES J.jO INFORMATION FOR PRELIMINARY RESOLUTION FOR PUBLIC IMPROVEMENTS IN ACCORDANCE WITH SECTION 384.42 (ON-SITE ACCESS ROADS) Description of Proposed Improvement - Improvements shall consist of grading, 51 -foot wide Portland cement concrete paving, reinforced concrete box culvert extension, storm sewer intakes, storm sewer for roadway drainage, roadway lighting, sidewalk and bike path facilities adjacent to the proposed roadways, and site..restoration. Location of Pro osed IT' m rovement - The proposed improvement shall extend rom the intersection of U. S. Highway 6/218 and Rocky Shore Drive; thence Southerly along a 370 -foot radius curve 1,100 feet; thence southwesterly 1,400 feet to the intersection with Woolf Avenue; and along Woolf Avenue extending from the intersection of Newton Road and Woolf Avenue app'roximately 1,800 feet along Woolf Avenue to the entrance of the parking lot of the University Hospital School. Descri tion of the Benefited Pro ert consists o the following parcels o The benefited property d: . . Beginning at the South right-of-way line of U.S. Highway 218/6; 340 feet Westerly of the centerline of Rocky 'Shore Drive; thence Southwesterly along a line parallel with and measured perpendicularly 200 feet west of said centerline to the North right-of-way line of the Chicago, Rock Island & Pacific Rail- road; thence approximately 1,800 feet Southeasterly along a said North right-of-way line of the Chicago, Rock Island & Pacific Railroad; thence Northeasterly along a line parallel with and measured perpendicularly 1,440 feet Easterly of the Rocky Shore centerline extended approximately 1,800 feet to the centerline of Newton Road; thence Northwesterly approximately 730 feet to the South right- of-way line of said U.S. Highway 218/6; thence Westerly along the South right-of-way line of said Highway 218/6 to the point of beginning; And Areas adjacent to Woolf Avenue extending from the intersection of Newton Road and Woolf Avcnue 1,800 feet along Woolf Avenue centerline to the parking lot entrance to the hospital school. SHIVE•HATTERY & ASSOCIATES 13a !J RESOLUTION NO. 79-579 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT AMENDING AN URBAN RENEWAL CONTRACT BETWEEN THE CITY OF IOWA CITY AND NORTH BAY CONSTRUCTION, INC. (URBAN RENEWAL PARCEL 82-1b). WHEREAS, the City of Iowa City, Iowa, and North Bay Construction, Inc., entered into a Contract for the Sale of Land for Private Redevelopment on June 25, 1979, which contract has been recorded with the Recorder of Johnson County in Book 550, Page 95; and, WHEREAS, the parties deem it desirable to enter into an agreement amending said contract so as to extend the scheduled time for conveyance of land from the City to North Bay Construction, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IWOA CITY, IOWA: 1. That the Mayor is authorized to sign and the City Clerk to attest an agreement between the City and North Bay Construction, Inc., extending the scheduled time for conveyance of said land until June 25, 1980. 2. That the City Clerk is directed to certify a copy of this resolution and said agreement to the Recorder of Johnson County, Iowa. It was moved by Balmer 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 _XNeuhauser _X Perret x Roberts x Vevera Passed and approved this 18thday of December ATTEST: CITY CLERK MAYOR 1979. R& -Awad % Approve: The legal Department /3f�9 URBAN RENEWAL AGREEMENT This Agreement entered into between North Bay Construction, Inc., hereinafter called Redeveloper, and the City of Iowa City, Iowa, hereinafter called City, amending the Contract For Sale of Land For Private Re- development between the Redeveloper and the City entered into on June 25, 1979. ,- Schedule C of Part I of said agreement is hereby amended to read as follows: TIME FOR CONVEYANCE PARCEL NO. DATE 82-1b Upon request of the Redeveloper, but not later than June 25, 1980. Dated this 18th day of December, 1979. NORTH BAY CONSTRUCTION, INC. B6hZIt Attest: i q CITY OF IOWA CITY, IOWA Mayor �kl'l 4&12z� City Cle k Resp" & Appmved By 1h,- Legal Department I3 Sf City of Iowa C --,F MEMORANDUM Date: December 12, 1979 To: City Council From: Larry Chiat, Acting Development Coordinators%%; �r Re: Urban Renewal Parcel 82-1b On June 25, 1979, the City and North Bay Construction, Inc. entered into a contract for the Sale of Land for Private Redevelopment. This contract provided that the date for conveyance of Parcel 82-1b to North Bay would be no later than six months after execution of the contract. This six month period will end on December 25, 1979. However, Norm Bailey, president of North Bay, has recently indicated to the staff that he has encountered difficulties in obtaining permanent mortgage financing. These difficulties are apparently directly related to recent Federal Reserve Board actions which have resulted in extremely high interest rates and the tight money market. The developer does expect to obtain a mortgage commitment next spring, therefore is requesting a six month extension of the time for conveyance of title to this urban renewal parcel. The attached agreement will amend the original contract to provide for this six month extension. The staff recommends adoption of the resolution authorizing execution of this agreement. bdw3/3 /ccs '�4 rc, RESOLUTION NO. 79-574 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR THE ACQUISITION OF REAL PROPERTY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal Aid Urban System, FAUS, project known as Project No. M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property referred to below; and, WHEREAS, in order to acquire said real property, the City desires to enter into contracts for the purchase of the real property referred to below with the owners of said real property, 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 contracts for the purchase of the real property referred to below for the amounts designated opposite each Parcel: Parcel No. Purchase Price 3 $69,000 It was moved by Roberts and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer q Lynch x Erdahl _ x Neuhauser x Perret -X Roberts x Vevera Passed and approved this 18th day of Decemb eF 1979. MAYOR ATTEST: RK CITY CLERK RECEIVED & AP1hurisJ BY .TP LEGAL DFP TMT /3 90 RESOLUTION NO. 79-575 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SOUTH GILBERT STREET IMPROVEMENT PROJECT - UST -M -4051(1)--8U-52. WHEREAS, Metro Pavers, Inc., of Iowa City, Iowa has been awarded the contract and has furnished adequate performance bond and insurance certificates 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 performance bond and insurance certificates for the construction of the above-named project are approved by the Council. 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 upon concurrence of the Federal Highway Works Administration. It was moved by Roberts and seconded by Lynch that the Resolution as read 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 18th day of December 19 79- Mayor ATTEST: 2J L1_ City Clerl IMCEIM & APPROVED 33Y '1`H LEGAL DEPARTMENT /3'i FORT !Cools e.TT H.-s's uumInRI6I NO- 16566 TYPE OF WORNGRADE 8 PCC PA1 PROJECT NO. U: 1-4051(1)--8U-52 MILES LP569 COST CENT 4 08 A90HNSON IN CITY OF IOWA CITY ON THIS AGREEMENT MADE AND ENTERED BY AND BETWEEN THE M E�R V P IV ��—*NC. OF IOWA T�T�_ PARTY OF THE FIRST PART 912 5 PARTY OF THE SECOND PART — WITNESSETHTTHAT THE PARTY OF THE SECOND PART, FOR AND IN CONSIDERATION OF T *1,456% 982 a 35 , PAYABLE AS SET FORTH IN THE SPECIFICA. .� I—— 1nc ITUT1Nn A PART OF THIS CONTRACT. HFRFBY AGREES TO CONSTRUCT VARIOUS ITEMS UORK AND, OR, TO SUPPLY VARIOUS MATERIALS OR SUPPLIES IN ITEM ITEM No ---- - — _-- — -- 1 PAVEMENT, STANDARD OR SLIP FORM Pe CP CONC-. CLASS C, 10 IN - 2 PAVEMENTv STANDARD OR SLIP FORM P. C, CONC-, CLASS C. 8 IN - 3 DRIVES, PW C- CONCRETE, 6 IN - 4 SIDEWALK, P- Ca CONC-, 4 IN - 5 ASPHALT CEMENT CONCRETE, SPECIAL SURFACE COURSE 6 RIPRAP 7 SEWERS 2000D STORM, 12 IN, DIA - 8 SEWER, 2000D STORM, 15 IN. DIA - 9 SEWER, 2000D STORM, 18 IN- DIAD 10 SEWER, 2000D STORM, 21 INP DIA - 11 SERER, 2000D STORM, 24 INa DIA. 12 SEWER, 2000D STORM. 27 IN. DIA - 13 SEWER, 2000D STORM, 36 IN- DIA - 14 SEYERm.:2000D STORM, 48 IN- DIA - 15 SEYE, "} 000D STORM. ELLIPTICAL 91 I�y�''`BY 58 IN - 1b APRONS, CONCRETE, 12 IN- DIA - QUANTITY I UNIT 7,437 SQ- YDS - 35,085 SQ- YDS - 840 SQ- YDS - 42v850 SQ. FTP UNIT PRICE I 19.75 14.69 18°00 2.05 AMOUNT 146,8807 515.398.6 15,120°0 87,842.5 141 TONS 75-00 1OV575.0 118 CUR YDS- 12.00 1.416-0 1,665 LIN- FTP 15-00 24v975-0 901 LIN- FTP 17.25 15,542.2 872 LIN. FTP 21.00 18,3120 618 LIN. FT- 19-75 121205-5 628 LIN- FTP 24.50 15,3860 157 LIN FT- 29.00 41553.0 608 LIN- FT. 38-40 231347.2 152 LIN- FTP 80.00 12,16000 150 LIN- FT. 165.00 2417SO.0 2 ONLY 145-00 290°0 PARTY OF THE SECOND PART CERTIFIES BY HIS SIGNATURE ON THIS CONTRACT, TINDER PAIN OF PENALTIES FOR FALSE CERTIFICATION, THAT HE HAS COMPLIED WITH 124 D(B) OF THE 1915 CODE OF IOWA AS MENDED. IF APPLICABLE SAID SPECIFICATIONS AND PLANS ARE HEREBY MADE A PART OF AND THE BASIS OF THIS AGREEMENT, AND A TRUE COPY OF SAID PLANS AND SPECIFICATIONS IS NOW ON FILE IN THE OFFICE OF THE PARTY OF THE FIRST PART UNDER DATE OF AUGUST % 1979 THAT IN CONSIDERATION OF THE FOREGOING. THE PARTY OF THE FIRST PART HEREBY AGREES TO PAY THE PARTY OF THE SECOND PART, PROMPTLY AND ACCORDING TO THE R£QUI REMENTS OF THE SPECIFICATIONS THE AMOUNTS SET FORTH. SUBJECT TO THE CONDITIONS AS SET FORTH IN THE SPECIFICATIONS. THE PARTIES HERETO AGREE THAT THE NOTICE AND INSTRUCTIONS TO BIDDERS. THE PROPOSAL FILED HEREIN TIIE GENERAL SPECIFICATIONS OF THE IOWA DEPARTMENT OF TRANSPORTATION FOR1977 TOGETHER WITH SPECIAL PROVISIONS ATTACHED, TOGETHER WITH THE GENERAL AND DETAILED PLANS, IF ANY, FOR SAID PROJECT U S T`M`40511 L! —_— C , TOGETHER WITH SECOND PARTY'S PERFORMANCE BOND, ARE MADE APART HEREOF,AND TOGETHER WITH TH-S INSTRUMENT CONSTITUTE THE CONTRACT BETWEEN THE PARTIES HERETO THAT IT IS FURTHER UNDERSTOOD AND AGREED BY THE PARTIES OF THIS CONTRACT THAT THE ABOVE WORK SMALL BE COMMENCED OR COMPLETED IN ACCORDANCE WITH THE FOLLOWING SCHEDULE APPROX. OR SPE CI FIEO STARTING DATE SPECIFIED COMPLETION DATE OR NUMBER OF WORKING DAYS OR NUMBER OF WORKING DAYS 125 WORKING DAYS AUG = 1. 1980 THAT TIME IS THE ESSENCE OF THIS CONTRACT AND THAT SAID CONTRACT CONTAINS ALL OF THE TERMS AND CONDITIONS AGREED UPON BY THE PARTIES HERETO. IN wI TRESS WHEREOF TRE PARTIES HERETO HAVE SET THEIR HANDS FOR THE PURPOSE HEREIN F.x RRFSSE.G TO THIS AND THREE OTHER IDENTICAL INSTRUMENTS AS OF THF 18th DAY OF December _C_ITTYY ,ORF IOWA CITY, IOWA _ (2/4' PARTY OF THE FIRST PART /J —A i ?�� METRO PAVERS, INCA OF IOWA CITY, IOWAzzz L PARTY OMHE SECOND PART /3?i PERFORMANCE AND PAYMENT BOND 402 78 70 KNOW ALL MEN BY THESE PRESENTS THAT Metro Pavers, Inc. IowaCi Iowa Here insert the name an address or leg tit e of the Contractor a Principal, hereinafter called the Contractor and American Home Assurance Company (Here insert the legal title 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 ONE MILLION TWO HUNDRED FIFTY SIX THOUSAND NINE Owner, in the amount of HUNDRED EIGHTY TWO AND 35/100 ----------------- Dollars ($ 1,256,982.35--------) 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 December 18 , 19 79 , entered into a Contract with Owner for ... Johnson County Project No. UST -M -4051(1)--8U-52 i 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 J .3 9/ 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 None (0) from the date of'acceptance of the improvements by the Owner. 0 PB -2 /3 9/ D. No right of aL-,.On shall accrue to or for the use of any person ox 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 18th A.D., 19 79 . IN THE PRESENCE OF: DAY OF' December METRO PAVERS INC. rincipa .ness it e itnes`s PB -3 AMERICAN HOME ASSURANCE COMPANY (Surety) !iL-F zt e orney-in-Fact 1371 01MAmerican Home Assu I Company National Union Fire Insurance Company of Pittfiburgh, Pa Principal Bond Office: 102 Malden Lara, New York, N. Y. 10006 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No. 45—B-21400 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ----- C.B. Condon; G.A. LaMair, II; Carl J. Grant, Jr.; James E. Thompson; James F. Norris; F. Melvyn Hrubeta; of Des Moines, Iowa ------ its true and lawful Attorney (s)•in- Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business , and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents 0(9 STATE OF NEW YORK ll COUNTY OF NEW YORK (ss' On this let day of September , 1978 , before me came the above named officer of American Homo Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the Individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seats of said corporations thereto by authority of his office. let 19L8 . A. Wilsterian, Asst Vice President aY 9� C Y o; AVBV\V�� Notary Publk. a. sOLARX Sim@ of No, ye4 >a of r•�No. 41.4628289 Qualified in Queen, Causally C.cmmission Expires March 30. sa010 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vim President be, and hereby Is, authoriad to appoint Attorneys-In�Fact to represent end act for and on behalf of the Company to execute bonds, undertakings, recognizanmi and other contracts of indemnity, and writings obligatory In the nature thereof, and to attach thereto the corporate seal of the Company, In the transaction of its surety business; "RESOLVED, that the signatures and attestation& of such officers and the oval of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such fealmile signatures or facsimile seal shelf be valid and binding upon the Company when to affixed with respect to any bond, undataking, recognizance w other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attormy-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may Insert in such certification the date thereof, mid date to be not later than the date of delivery thereof by such AttorneylnFacL" I, Marion E. Fajen, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corpora• tions, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation �a„erre this 18thdoy of December , 1979. Marion E. Fsjen, 5ecretar 23 B -I 154 (5/7 7) /3 T/ 232 acoro 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 %� LETTER M COMPANY 0 LETTER Li COMPANY ■ LETTER V COMPANY D LETTER COMPANY LETTER Iowa National Mutual Ins. Co. 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 Liabilit In Thousands EACH AGGREGATE LETTER TYPEOFINSURANCE POLICY NUMBER EXPIRATION DATE OCCURRENCE GENERAL LIABILITY 500 A CCC 80 128 602 4-25-80 BODILY INJURY 5500 s IN COMPREHENSIVE FORM IN PREMISES—OPERATIONS PROPERTYDAMAGE s200 S 200 IN EXPLOSION AND COLLAPSE HAZARD INrr�� UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ® CONTRACTUAL INSURANCE PROPERTY DAMAGE $ S ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS ® PERSONAL INJURY S PERSONAL INJURY 500 A AUTOMOBILE LIABILITY CCC 80 128 602 4-25-80 BODILYINJURY 250 ® (EACH PERSON) , COMPREHENSIVE FORM BODILY INJURY S 500 (EACH ACCIDENT) OWNED I®I� AIRED PROPERTY DAMAGE $ 2 BODILY INJURY AND LJjJ NON,OWNED PROPERTY DAMAGE S COMBINED A EXCESS LIABILITY CXL 48 113 158 4-25-80 ® BODILY INJURY AND UMBRELLA FORM PROPERTY DAMAGE $1,000 $ 1,000 OTHER THAN UMBRELLA FORM COMBINED A WORNERS'COMPENSATION WC 30 466 127 4-25-80 STATUTORY and EMPLOYERS'LIABILITY s 100 11K. A",UEV1, OTHER OLSCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Johnson County Project No. UST -M-405 1 (1)--8U-52 Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the � i__ss__um�� com- pany wdDLX)GC ,5M,) mall III— days written notice _t_o_the below named certificate holder, 2f�XJC263GirX?f.X NAME AND ADDRESS OF CERTIFICATE HOLDER City of Iowa City, Iowa City Engineer 410 E. Washington Street Iowa City, Iowa 52240 DATE ISSUED— Ve UUIIluer a- , iU A o LA's AIR - MULOCK - CONDON CO. \ i in / L ca RESOLUTION NO. 79-576 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT THREE TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTSCHULL AND PFIFFNER, A PARTNERSHIP, TO PROVIDE ARCHITECTURAL SERVICES FOR THE ADAPTED REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY, IOWA WHEREAS, it is in the public interest to provide a Senior Center which will meet the recreational, cultural and educational needs of the elderly of Iowa City, and WHEREAS, the City of Iowa City has acquired the old Post Office located at Washington and Linn Streets in Iowa City, and WHEREAS, the cost of the construction has increased from $1,000,000 to $1,200,000, and WHEREAS, the fee for architectural services no longer reflects the increased scope of the project, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor execute Amendment Three to increase the total budget for construction from $1,000,000 to $1,200,000 and increase the architect's fee from $90,000 to $108,000; and to amend the project schedule. It was moved by Balmer and seconded by Perret 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 18th ATTEST: CAL CITY CLERK day Of�Decembe,- 1979. MAYOR Received 8 Approved By The Legal Department t13,9-7- AMENDMENT M3 AMENDMENT TO SERVICES AGREEMENT OF MAY 16, 1978 BETWEEN THE CITY OF IOWA CITY AND WEHNER, NOWYSZ, PATTSCHULL & PFIFFNER FOR THE SENIOR CENTER PROJECT This agreement, made and entered this 18th day of December 1979 by and between the City of Iowa City, herein after referred to as the City, and the firm of Wehner, Nowysz, Pattschull & Pfiffner, Architects, herein after referred to as the Architect, is an amendment to the agreement for the Iowa City Senior Center Project; this document amends portions of the original contract signed May 16, 1978, in addition to Amendments 1 & 2 signed April 10, 1979. I. SCOPE OF SERVICES; Phase B, Sections j and k are hereby amended to read as follows: j. The Architect shall provide refined cost estimates, reflecting additional information generated during the Design Development Phase. Such estimates shall take into account all applicable City policy decisions and budget limitations. If the Architect's cost estimates for construction exceed the amount budgeted for this project ($1,200,000), the Architect will redevelop this phase at his expense. k. Furnish the City with ten (10) copies of the Design Development Documents for review by the City. Phase C, fifth paragraph is hereby amended to read as follows: The Architect shall furnish the City with ten (10) copies of the specifications and contract drawings for a final review by the City. II. PERIOD OF SERVICE; Section a is hereby amended to read as follows: a. The Architect will complete the phases of this project within the times listed below. The Architect will make every effort possible to facilitate total completion of construction prior to February 1, 1981. Phase A - Schematic Design - Schematic designs shall be submitted to the City for public review no later than April 16, 1979. Based on citizen, agency, and City Council comments, yet consistent with the architectural program, the schematic design will be amended and returned to the City no later than May 3, 1979. Phase B - Design Development - Finish no later than September 5, 1979. Phase C - Construction Documents - Finish no later December 1, 1979. Phase D - Bidding and Construction - Bidding and contract work shall be coordinated with the construction schedule to facilitate use of the facility February 1, 1981. 2 II. PERIOD OF SERVICE; Section c is hereby amended to read as follows: Section c. The Architect will complete interior design special services within the times listed below: Items Specified in Scope of Services Activities 1, 2, 3, 4 Activity 5 Activities 6, 7 Activity 8 Title V Completion Dates March 2, 1979 March 30, 1979 May 15, 1979 February 15, 1981 State Grant Completion Dates April 15, 1979 May 11, 1979 May 15, 1979 February 15, 1981 VI. COMPENSATION FOR SERVICES; The section is hereby amended to read as follows: The City agrees to pay an amount which shall not exceed $108,000 for performance of Phases A, B, C and D described in this agreement. Payment for services shall be made monthly, based on statements submitted by the Architect. Such statements will summarize services rendered and costs incurred. The maximum payment for services ("not to exceed" amount) is based upon the project budget of one million two hundred thousand ($1,200,000). If the project budget is increased, the Architect's fee may be renegotiated. Phase A - Schematic Design - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for this Phase shall not exceed $16,200. Phase B - Design Development - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A and B shall not exceed $43,200. Phase C - Construction Documents - The Architect shall be paid a fee based unpon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B and C shall not exceed $81,000. Phase D - Bidding and Construction - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B, C and D shall not exceed $108,000. The remainder of Section VI, from the original contract remains in force with no changes. The undersigned do hereby state that they agree to stipulations of this agreement which will be executed in triplicate, as though each were an original. FOR THE CITY: ROBERT A. VEVERA, MAYOR W NOWYSZ, PATTSCHU L PFIFFNER: R A D WENN A BB IE STOLFUS, CIPO CLERK WILLIAM NOWYSZ i RI HARD PA L Received & Approved BY The legal Department �G L— 7 7 9 RESOLUTION NO. 79-577 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY, IOWA, TO PURSUE A HOUSING REHABILITATION PROGRAM WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1975), 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 City Council has budgeted Community Development Block Grant funds to engage in a Housing Rehabilitation program, and WHEREAS, part of said program involves forgivable loans, as a method of financing property rehabilitation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City Council has approved the above program and methods of financing and authorizes its implementation as outlined in the Housing Rehabilitation Forgivable Loan Program. It was moved by Perret and seconded by Frdahi that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer X Erdahl x Neuhauser x Pe rre t x Roberts x Vevera x Lynch Passed and approved this 18th day of DPramher , 1979• ATTEST: Ou�'� . CITY CLERK MAYOR Received 3 Approved I3y The legal Department a I2- f3-:1 Comment: This Resolution authorizes the City to approve a Housing Rehabilitation Program. Only Forgivable Loans will be authorized by City Council utilizing Title I assistance under the Housing and Community Development Act of 1974, as amended. The manual contains much of the same language found in previous manuals dealing with past Housing Rehabilitation Programs. /yTj