HomeMy WebLinkAbout1993-09-14 Resolution
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RESOLUTION NO, 93-248
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A FINANCING STATEMENT (UCC2 FORM) FOR
PROPERTY LOCATED AT 416 SOUTH DODGE STREET, IOWA CITY, IOWA.
WHEREAS, on April 27, 1992, the property owner of 416 South Dodge Street, Iowa City, Iowa,
executed a financing statement (UCC2 Form) to the City of Iowa City In exchange for assistance
received In purchasing a gas range; and
WHEREAS, said financing statement (UCC2 Form) created a lien against the subject property;
and
WHEREAS, the balance due on the financing statement was paid In full on July 19, 19930
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, 1hat the Mayor Is authorized to sign and the City Clerk to attest the attached Release of
Financing Statement for recordation, whereby the City does release the property located at416
South Dodge Street, which obligation was represented by a financing statement recorded In
Book 1361, page 254 of the Johnson County Recorder's Officeo
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
Novick
the Resolution be
AYES:
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ABSENT:
Ambrlsco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
Passed and approved this 14th
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MAYO
Approved by
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ATTEST: ~~J ~ Jd~
CI CLERK
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RELEASE OF FINANCING STATEMENT
(UCC2 FORM)
The City of Iowa City does hereby release the property located at 416 South Dodge Street, Iowa
City, Iowa, legally described as follows:
Part of the northeast quarter of Section 15, Township 79 North, Range 6 West of
the Fifth P.M, as follows: Beginning on the east side of Dodge Street at a point
220 feet south of the southwest corner of Out Lot 28, In Iowa City, Iowa, according
to the recorded plat thereof, running thence east 159 feet, thence south 50 feet,
thence west 159 feet to the east line of Dodge Street, thence north 50 feet to lhe
place of beginning,
from an obligation of the property owner of 416 South Dodge Street to the City of Iowa City
represented by a financing statement (UCC2 form) recorded In the oHlce of the Johnson County
Recorder's Office on April 27, 1992, In Book 1361, page 254. This obligation has been satisfied
and the property Is hereby released In full from any liens or clouds upon title to the above
property by reason of said prior recorded document.
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STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this /4.fl day of ~fJ... ~.~ , 19~, before me, So..tntl..
Ib...r , a Notary Public In and for the State of Iowa, personally appeared
Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing Instrument Is the corporate seal of the corporation, and that
the Instrument was signed and sealed on behalf of the corporation, by authority of its City
Council, as contained In Resolution No, 93. 2."1-" adopted by the City Council on the
H 0/01,. day of &m.J,.~ , 19..iL.., and that Darrel G, Courtney and Marian
K. Karr acknowledged t~e execution of the Instrument to be their voluntery act and deed and the
voluntary act and deed of the corporation, by It voluntarily executed,
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RESOLUTION NO. 93-249
RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND FILE AN APPLICATION WITH THE UNITED STATES DEPART-
MENT OF TRANSPORTATION FOR A GRANT UNDER SECTION 9 OF THE
FEDERAL TRANSIT ACT, AS AMENDED, TO BE USED FOR TRANSIT
OPERATING ASSISTANCE FUNDING.
WHEREAS, the City of Iowa City operates a municipal transit system; and
WHEREAS, Section 9 of the Federal Transit Act authorizes the Secretary of Transportation
to provide grants for mass transportation projects; and
WHEREAS, if the City receives a grant from the U.So Department of Transportation, the
contract for financial assistance will impose certain obligations upon the City, including the
obligation to provide the local share of projects costs; and
WHEREAS, pursuant to the provisions of Title VI of the Civil Rights Act of 1964, the
Department of Transportation, in conjunction with the fHing of applications for assistance
under the Federal Transit Act, as amended, requires an applicant to provide assurances that
it will comply with Title VI of the Civil Rights Act of 1964 and the Department of
Transportation's requirements under the Federal Transit Act; and
WHEREAS, it is the City's goal to utilize minority business enterprise to the fullest extent
possible in conjunction with this project, and to establish and edminister definitive procedures
to ensure that minority businesses shall have the maximum feasible opportunity to compete
for contracts when the City procures construction contracts, supplies, equipment contracts,
consultants or other services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT;
1. The City Manager is authorized to execute and file an application with the U.S.
Department of Transportation, on behalf of the City of Iowa City, to aid in financing
the City's transit operations pursuant to Section 9 of the Federal Transit Act, as
amended.
2. The City Manager is authorized to execute and file with said application the required
assurances and any other documents required by the U.S. Department of Transporta-
tion to satisfy the requirements of Title VI of the Civil Rights Act of 1964.
3. The City Manager, or the Johnson County Council of Governments (JCCOG) _
Transportation Planning Division (Transportation Planner or Assistant Transportation
Planner) acting as the City Manager's representative, are authorized to furnish such
additional information required by the Department of Transportation in connection with
said application,
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Resolution No, 9 -249
Page 2
4. The City Manager is authorized to develop and execute affirmative minority business
policies with respect to the project and the project's procurement needs.
5. The City Maneger is authorized to execute grant agreements with the U.S. Department
of Transportation, on behalf of the City of Iowa City. for aid in financing transit
operations and capital Improvements,
6. Upon approval of the grant application, the grant monies may be sent directly to
JCCOG.
It was moved by Ambrisco and seconded by Novick
adopted, and upon roll call there were:
the Resolution be
AYES: NAYS: ABSENT:
X Ambrisco
---x- Courtney
---x- Horowitz
-X Kubby
-X- McDonald
---X- Novick
..L- Pigott
Passed and approved this 14th day of September
.1993.
MAYOR
Approved y
ATTEST: ?'J'Jt7A';~), ,f ~
CITY'CLERK
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RESOLUTION NO.
93-250
RESOLUTION APPROVING THE VACATION OF A PORTION OF THE PLAT OF
RAPID CREEK RIDGE, JOHNSON COUNTY, IOWA.
WHEREAS, the proprietors, Rapid Creek Farm Partnership (owners of
Lots 25 and 27 of the Rapid Creek Ridge Subdivision) and Rapid
Creek Investors, (owners of Lot 26 Rapid Creek Ridge Subdivision)
seek to vacate a portion of the plat of Rapid Creek Ridge
Subdivision which area includes Lots 25, 26, and 27, and
WHEREAS, the area to be vacated also includes a portion of Running
Deer Road, an unimproved platted right-of-way, adj acent to said
lots; and
WHEREAS I proprietors seek vacation of the portion of the plat
containing said lots and the unimproved platted right-of-way
adjacent to said lots to permit the replatting of the area into new
single family lots and a new right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. Pursuant to Section 354.22, Code of Iowa. 11993\, the city
Council hereby approves the vacation of a portion of the plat of
Rapid Creek Ridge, Johnson County, Iowa, containing Lots 25, 26,
and 27, as well as the portion of Running Deer Road, an unimproved
platted right-of-way adjacent to said lots, which plat is recorded
in Plat Book 30, Page 152, Records of the Johnson County Recorderls
office.
2. The city Council acknowledges that the conditional dedication
and conveyance recorded in Book 1036, Pages 415-416, of the Johnson
county Recorder's office has not become effective and that Rapid
Creek Farm Partnership retains ownership of the portion of the
right-of-way known as Running Deer Road. The city hereby conveys
any and all interest it may have in the portion of the Running Deer
Road right-of-way adjacent to Lots 25, 26, and 27 and the 30 foot
roadway easement located on Lot 25 to Rapid Creek Farm Partnership.
It was moved by Ambrisco
by Novick
upon roll call there were:
and seconded
the Resolution be adopted, and
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AYES: NAYS: ABSENT:
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-X- _MCDONALD
-X- _NOVICK
-X- _PIGOTT
Passed and approved this 14th
day of
September
I 1993.
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Approved by
ATTEST: Ih.'/~M) of ~
"CtTY CLERK
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RESOLUTION NO. 93-251
RESOLUTION APPROVING PRELIMINARY AND FINAL PLAT OF RAPID CREEK
RIDGE, PART TWO, JOHNSON COUNTY,IOWA.
WHEREAS, the owners, Rapid Creek Ridge Farms Partnership and Rapid Creek Investors, filed
with the City Clerk an appllcallon for approval of the prellmlna'Y and final plat and subdivision
of Rapid Creek Ridge, Part Two, Johnson County, Iowa; and
WHEREAS, said subdivision Is located on the followlng-descrlbed real estate In Johnson County,
Iowa, to wit:
Commencing at the Northeast Corner of the Southeast Quarter of the Nort~west
Quarter of Section 30, Township 80 North, Range 5 West of the 5th Principal
Meridian; Thence S01"I2'30"E, 219.46 feet to the Southeast Corner of Lot 28 of
said Rapid Creek Subdivision, said corner also being the Point of Beginning;
Thence conllnulng SOtOI2'30"E, 200,00 feet, to the Southeast Corner of Lot 25 of
said Subdivision; Thence NSso14'39'W, 457,71 feet to a point on the Rlght-of.Way
of existing Deer Woods Road; Thence Northwesterly 62,02 feet, along said Right-
of-Way on a 360.00 foot Radius Curve, concave Southwesterly, whose 61.95 foot
chord bears N03010'4ZW: Thence N08006'50"W, along said Right-of-Way 101.19
feet; Thence Northwesterly 227.62 feet, along said Rlght,of-Way, on a 588,00 foot
Radius Curve, whose 226,20 foot chord bears N19'12'14'W; Thence Northwesterly
142.74 feet, along said Rlght-of.Way, on a 300,00 foot Radius Curve, whose
141.40 foot chord bears N16"39'46'W; Thence Northeasterly 268,04 feet, along
said Rlght-of.Way, on a 60.00 foot Radius Curve, whose 94,59 foot chord bears
N40"41 't 1 OlE, to the Southwest Corner of Lot 28 of said Rapid Creek Subdivision;
Thence'N78039'48"E, along the South line of said lot, 523.95 feet, to the Point of
Beginning, Said tract of Land contains 7,74 Acres, more or less, and Is subject
to easements and restrlcllons of record.
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WHEREAS, the proposed subdivision is located In Johnson County and within Iowa City's two.
mile exlraterrltorlaljurlsdlctlon; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed prellmlna'Y and final plat and subdivision, and recommended
approval; and,
WHEREAS, the Planning and Zoning Commission examined the prellmlna'Y and final plat arid
subdivision and recommended that said final plat and subdivision be accepted and approved;
and
WHEREAS, the subdivision has been made with the free consent and In accordance with the
desires of the owners and proprietors; and
WHEREAS, the prellmlna'Y and final plat and subdivision are found to conform with Chapter 354,
Code of Iowa (1993) and all other state and local requirements,
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Resolullon No, Q1_?r,1
Page 2
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The preliminary and final plat and subdivision located on the above.descrlbed real estate
be and the same are hereby approved.
2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolullon, which shall be affixed to the final
plat after passage and approval by law, The owners shall record the legal documents
and the plat althe office of the County Recorder of Johnson county, lowao
It was moved by Ambrisco ' and seconded by
adopted, and upon roll call there were:
Horowitz the Resolution be
AYES:
NAYS:
ABSENT:
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X
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Ambrlsco
Courlney
Horowitz
Kubby
McDonald
Novick
Pigott
Passed and approved this 14th day of September
,1993.
ATTEST: "'~ ~ -li.vJ
CITY LERK I
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RESOLUTION NOo 93-252
RESOLUTION AMENDING RESOLUTION NO. 74,48 BY CHANGING MEMBER-
SHIP REQUIREMENTS FOR THE DESIGN REVIEW COMMITTEE FOR THE CITY
OF IOWA CiTY, IOWA AND APPROVING ITS BY.LAWS.
WHEREAS, by Resolution No. 74-48, the City of Iowa City, Iowa, established a Design
Review Committee to assist the City Council in the area of design review; and
WHEREAS, City Ordinance requires the Iowa City Design Review Committee to adopt by,laws
governing the Committee's operation; and
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WHEREAS, Section 2-100 of the Code of Ordinances provides that committee members must
be eligible electors of Iowa City except as specifically authorized by the committee's by-laws
which have been epproved by the City Council; and
WHEREAS, the Iowa City Design Review Committee recommended amendment of its by-laws
to permit non-eligible electors of Iowa City to serve on the Committee and to reduce the
number of committee members from ten (10) to nine (9); and
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WHEREAS, the City of Iowa City deems it desirable to permit non'eligible electors of Iowa City
to serve on the Committee and provide invaluable knowledge and perspectives in the area of
urban design; and
WHEREAS, the City of Iowa City also deems it desirable to appoint an odd number of
members to the Design Review Committee in order to avoid instances of tie votes; and
WHEREAS, the Rules Committee of the City Council approved adoption of the amended by-
laws for the Iowa City Design Review Committee, a copy of which is attached heretoo
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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
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1. Resolution No. 74-48 is hereby amended by deleting Paragraph 1 and adopting, in lieu
thereof. the following:
NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT the Design Review Committee shall consist of nine (9) members
to be appointed by the City Council, so to serve as an advisory committee. At least
two-thirds of Committee members must be eligible electors of Iowa City. The
remaining one-third may be eligible electors of Johnson Count Yo Terms of membership
shall be three years except for the shortened initial terms that provide staggered
membershipo
2. The amended by.laws of the Iowa City Design Review Committee are hereby formally
adopted by the City Council.
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Resolution Noo 93-252
Page 2
It was moved by Ambrisco and seconded by
adopted, and upon roll call there were:
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HcDona1d the Resolution be
AYES:
NAYS:
ABSENT:
--X...-
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Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
Passed and approved this 14th day of
Septemher
.1993.
~
Approved by
ATTEST: !h~M~~;: -t~
CITY LERK
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September 1993
BY-LAWS
IOWA CITY DESIGN REVIEW COMMITTEE
ARTICLE 10
MEETINGS
Section 1. Reaular Meetinas. Regular meetings of this Committee shall be held on the third
Monday of each month,
Section 2. Scecial Meetinaso Special meetings of the members may be called by the Chairper.
son. Upon the request of four members of the Committee, the Chairperson shall call a special
meeting.
Section 3. Place of Meetinaso Regular meetings shall be held in the Iowa City Public Library, or
another handicapped-accessible buiiding if the Library is unavaiiable.
Section 4, Notice of Meetina. Notice and agenda for all regular meetings shall be distributed to
all Committee members and the presso Notice to all members and to the media shall be at least
24 hours before a meeting is held including special meetings, All notice requirements and
meetings shall conform to the provisions of the State Open Meetings Law.
Section 5. Quorum, A majority of the members of the Committee shall constitute a quorum at
any meeting. A majority of votes cast at any meeting at which a quorum is present shall be
decisive of any motion or election.
Section 6. Proxies. There shall be no vote by proxy 0
Section 7. Public Discussion. Time shall be made avaiiable during all regular meetings for open
public discussion.
ARTICLE II.
MEMBERSHIP
Section 1. Membershic. The Design Review Committee shall consist of nine (9) memberso At
least two-thirds of the Committee members must be eligible electors of Iowa City; the remaining
one.third may be eligible electors ot Johnson County. All members of the Committee shall serve
without compensation, but shall be entitled to the necessary expenses Including reasonable travel
expenses Incurred In the discharge of their duties.
Section 2. Nomination. The City Councii shall appoint members to the Design Review Commit.
tee as vacancies occur.
Section 3. J:mIm.. Terms of membership shall be three years, except for the shortened initial
terms that provide staggered membership. Members may serve for more than one term.
Section 4. Absences, Three consecutive unexplained absences of a Committee member may
result in the Committee's recommendation to the Mayor to remove the member from the Commit-
tee, and to appoint a new member.
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Section 5. Orientation for New Memberso Prior to the first regular meeting following their
appointment. new members shall be provided with copies of the pertinent portions of the City
Code. Design Review Committee By-Laws, and other documents useful to carrying out their
duties.
Section 6. Resionations & Vacancies. If any member is no longer willing or able to serve on the
Committee, the member shall send a letter of resignation to the City Council. Vacancies occur-
ring in the Committee. other than by expiration of term of office. shall be filled only for the
unexpired term.
ARTICLE 1110
OFFICERS
Section 1. Number. The officers of this Committee shall be a Chairperson and Vice,Chairperson,
and each shall be elected by members of the Committee.
Section 2. Election and Term of Officeo The officers of this Committee shall be elected annually.
Section 3. Vacancies. A vacancy in either office shall be filled by the members for the unexpired
portion of the term,
Section 4. Chaireerson. The Chairperson shall, when present, preside at all meetings of the
members, appoint committees, call special meetings and In general perform all duties of the
Chairperson, together with such other duties as may be prescribed by members from time to
time.
Section 5. Vice,Chaireersono In the absence of the Chairperson, or in the event of the Chair-
person's death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the
Chairperson. When so acting, the Vice-Chairperson shall have all the powers and be subject to
all the restrictions as those resting with the Chairperson.
ARTICLE IV,
CONDUCT OF COMMITTEE AFFAIRS
Section 1. ~o The Chairperson or a designated representative, together with appropriate
members of the City staff, shall prepare an agenda for all regular Committee meetings. Agendas
are to be sent to Committee members and the media at least three days prior to the regular
meetings.
Section 2. Secretarv. A secretary, not to be a Committee member, shall be provided by the City
for all regular and special meetings.
Section 3. M!nlJW" Minutes of all regular and special meetings are to be prepared and distribut-
ed to Committee members, and approved by the Committee and sent to the City Council, In the
manner prescribed by the Council. Specific recommendations for the Council are to be set off
from the main body of the minutes and appropriately Identified.
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Section 4. Policies and Proaramso The Committee shall periodically review the policies and
programs of the City relating to design review and make recommendations to the City Council
when appropriate.
Section 5. Referrals from Councilo From time to time letters, requests for information, requests
for recommendations, and other matters are referred to the Committee by the City Council. The
Committee shall initiate the consideration of such items at the next regular meeting following
receipt of the referral, and shall notify Council of its disposition,
Section 6. Attendance at Council Meetinas. The Committee Chairperson or designated represen-
tatives are to be in attendance at all City Council meetings, including Informal sessions, at which
matters pertaining to the domain of the Committee's responsibilities are to be discussed or
actions taken. The Committee Chairperson is to receive Council agenda prior to each Council
meeting, and Is to be otherwise notified of meetings involving Committee business.
Section 7. Annual Reoort. An annual report, detailing the activities of the Committee, shall be
prepared by the Chairperson, approved by the Committee, and submitted to the City Council at
the end of each fiscal year.
ARTICLE V 0
AMENDMENTS
Section 1. These by-laws may be altered, amended or repeaied and new by-laws adopted at any
regular meeting, or at a special meeting called for that purpose, providing a quorum is present.
Upon approval by the City Council, the by-laws shall take force and effect.
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RESOLUTION NO,
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RESOLUTION AMENDING RESOLUTION NO. 74. 8 BY CHANGING MEMBER-
SHIP REQUIREMENTS FOR THE DESIGN RE IEW COMMITTEE FOR THE
CITY OF IOWA CITY, IOWA AND APPROVIN ITS BY.LAWS.
WHEREAS, by Resolu'tlon No, 74-48, the City of 10 City, Iowa, established a Design Review
,
Committee to asslstthe\Clty Council In the area of eslgn review; and
WHEREAS, City ordlnan~{eqUlreS the Iowa CI Design Review Committee to adopt by-laws
governing the Committee's b~eratlon; and
WHEREAS, Section 2-100 of th~ Code of Ordln nces provides that committee members must be
eligible electors of Iowa City exc);~as speclfl ally authorized by the commlllee's by-laws which
have been approved by the City ouncll; an
WHEREAS, the Iowa City Design Re ~ew C mlllee recommended amendment of Its by-laws to
permit non-eligible electors of Iowa Ci t serve on the Commlllee and to reduce the number
of committee members from ten (10) t n e (9); and
WHEREAS, the City of Iowa City deems desirable to permit non'ellglble electors of Iowa City
to serve on the Commlllee and provld In luable knowledge and perspectives In the area of
urban design; and
WHEREAS, the City of Iowa City also eems it eslrable to appoint an odd number of members
to the Design Review Commlllee In rder to av d Instances of tie votes; and
WHEREAS, the Rules Committee 0 the City Counc approved adoption of the amended by-laws
for the Iowa City Design Review ommlttee, a copy f which Is allached hereto.
NOW THEREFORE BE IT RES LVED BY THE CITY OUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. Resolution No, 74-4 Is hereby amended by deletl Paragraph 1 and adopting, In lieu
thereof, the followl :
NOW, THEREFO E, BE IT RESOLVED BY THE CITY C UNCIL OF THE CITY OF IOWA
CITY, IOWA TH the Design Review Commlllee shall co 1st of nine (9) members to be
appointed by t Mayor wllh the consent of the City Coun ,so to serve as an advisory
commlllee, At east two,thlrds of Commlllee members must e eligible electors of Iowa
City, The re alnlng one-third may be eligible electors of Jo nson County. Terms of
membership shall be three years except for the shortened I tlalterms that provide
staggered embershlp.
2. The amended by.laws of the Iowa City Design Review Commlllee a hereby formally
adopted by the City Council.
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Resolution No,
Page 2
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It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
Passed and approved thl
ATTEST:
CITY CLERK
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NAYS:
ABSENT:
Ambrlsco
Courtney
Horowitz
Kubby
McDonald
Novick
Plgolt
,1993.
Approved by
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City Attorney's Office 7' C;~/O-'iJ
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RESOLUTION NO, '
RESOLUTION AMENDING RESOLU110N NO. 74-48 BY CHANGING MEMBE t
REQUIREMENTS FOR THE DESIGN REVIEW COMMITTEE FOR THE CITY IOWA
CITY,IOW~AND APPROVING ITS BY.LAWS.
WHEREAS, by R solution No. 74.48, the City of Iowa City, Iowa established a Design
Review Committee assist the City Council In the area of design r ew; and
WHEREAS, City Ordl nee requires the Iowa City Design
laws governing the Co Ittee's operation; and
WHEREAS, Section 2.100 f the Code of ordlnanc~s ovldes that committee members must
be eligible electors of Iowa City except as specifically authorized by the
committee's by-laws which ha e been approved' he City Council; and
WHEREAS, the Iowa City Deslg Review Co~ttee recommended amendment of Its by.laws
to permit non'ellglble electors Iowa qity to serve on the Committee and to reduce
the number of ~ommlttee members rom t r\ (10) to nine (9); and
WHEREAS, the City of Iowa City ems It desirable to permit non-ellglble electors of
Iowa City to serve on the Commltt e nd provide Invaluable knowledge and perspectives
In the area of urban design; and /
WHEREAS, the City of lowa/blty also d ms It desirable to appoint an odd number of
members to the Design Re,w Committee In rder to avoid Instances of tie votes; and
WHEREAS, t~e Rules C9~lTllttee of the City C uncll approved adoption of the amended by-
laws for the Iowa cltyleslgn Review Committee, copy of which Is attached hereto,
NOW THEREFORE ,rr RESOLVED BY THE CITY COU IL OF THE CITY OF IOWA CITY,IOWA, THAT:
1. Resolutlo,{ No. 74.48 Is hereby amended b deleting Paragraph 1 and adopting,
In lieu t ~reof, the following:
NO , THEREFORE, BE IT RESOLVED BYTHE CITY UNCIL OF THE CITY OF IOWA CITY,
10 A THAT the Design Review Committee shall c nslst of nine (g) members to be
a pointed by the Mayor with the consent of the ty Council, so to serve as an
dvlsory committee. At least two.thlrds of Comml e members must be eligible
electors of Iowa Cltyo The remaining one.thlrd ay be eligible electors of
Johnson County. Terms of membership shall be ree years except for the
shortened Initial terms that provide staggered membership,
The amended by.laws of the Iowa City Design Review Committee are hereby
formally adopted by the City Councllo
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RESOLUTION NO, Q1-m
RESOLUTION AUTHORIZING THE MA YOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH ROSEBAR TIRE SHREDDING CENTER, INC. OF VINTON,
IOWA, FOR THE PROVISION OF TIRE RECYCLING SERVICES AT THE IOWA
CITY LANDFILL.
WHEREAS, the City desires to remove and recycle tires delivered to the City Landfill in a
manner consistent with regulations developed by the UoS. Environmental Protection Agency,
the Iowa Department of Natural Resources and consistent with good environmental practices;
and
WHEREAS, an agreement has been negotiated with Rosebar Tire Shredding Center, Inc. of
Vinton, Iowa, to provide tire recycling services to the City of Iowa City, which agreement is
attached hereto; and
WHEREAS, the City Council finds it to be in the public interest to enter said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
.
1. The Agreement for Tire Recycling attached hereto and made a part hereof is in the
public interest, and is hereby approved as to form and content.
2. The Mayor and City Clerk are authorized to execute said Agreement for and on behalf
of the City of Iowa City, Iowa.
3. The City Manager is authorized to exercise the City's additional renewal option, as
provided in the agreement.
It was moved by Horowitz and seconded by
adopted, and upon roll call there were:
Ambri 8CQ the Resolution be
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
__ Horowitz
Kubby
McDonald
Novick
Pigott
Passed and approved this 14th day of Sepromhor
,1993,
~
ATTEST: 7J1..~~
'CiTR:LERK
App' .oved ~
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9;1/13
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AGREEMENT FOR TIRE RECYCLING
This Agreement, made and entered into by and between the City of lowe City (City) end
Rosebar Tire Shredding Center,lncolContractorl for services in connection with tire recycling
at the Iowa City Sanitary Waste Disposal Site (Landfill).
WHEREAS, the City desires to remove and recycle tires delivered to the City Landfill In a
manner consistent with regulations developed by the U.S. Environmental Protection Agency,
the Iowa Department of Natural Resources and consistent with good environmental practices;
and
WHEREAS, an agreement has been negotiated with Rosebar Tire Shredding Center, Inc. to
provide tire recycling services to the City of Iowa City, which agreement is attached hereto;
and
WHEREAS, the City Council finds it to be in the public interest to enter said Agreement.
NOW, THEREFORE, in consideration of their mutual promises, City and Contractor agree as
follows:
I. STORAGE AND REMOVAL
,. The Contractor agrees to provide tire recycling services for the City, and shall
provide said services in e reasonably safe and good faith manner.
2. The Contractor shail provide all necessary labor, equipment, and materials for
performing services described herein. These shall be considered an integral part
of the service, and no additional compensation will be paid therefor,
3.
Cant rector agrees all equipment used to perform the tire recycling services will
be either owned by Contractor or leased for Contractor's exclusive use, and
that all equipment will be modern, commercially manufactured equipment and
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shall be maintained in good working condition and will be subject to inspection,
by appointment, by the City during the term of this Agreement.
4. The Contractor agrees to have no markings on vehicles or containers that
indicate or tend to indicate any official relationship between the Contractor and
the City.
5.
The Contractor agrees to pick up and transport tires from the Landfill on an as-
needed basis, and shall do so following generally accepted standards in the
industry. Contractor agrees that plck.up from the Landfill shall occur every
other week, or as necessary when City notifies Contractor that a pick-up is
neededo
6.
The Contractor agrees to pick up all types of tires delivered to the City Landfill
from whatever source, with the exception of a) foam-filled tires; b) super
singles l1 6- and 26-ply tires); c) off-the,road (earth-moving) tires; and further
agrees to haul all such tires to a bona fide tire recycling facility or user of tires,
and/or Contractor may sell said tires back to the manufacturing stream for
recycling purposes. Contractor agrees not to sort or separate tires at the
Landfill prior to loading or hauling said materials from the Landfill, other than to
remove the above-listed excepted tires,
7.
Contractor's hauling vehicles shall be weighed on the City's scale upon entry
to the Landfill, and shall be weighed again after loading and before leaving the
Landfill. City agrees that a copy of the scale ticket will be given to the
Contractor's driver at the time of pick-up. Records of net weight of tires
transported by Contractor from the Landfill shall be forwarded to the Contractor
on a monthly basis, and shall ba deemed accurate and accepted unless objected
to by Contractor within ten (101 calendar days of receipt.
8. Contractor shall have access to the Landfill for pick up, transport and recycling
purposes during normal Landfill hours of operation, which are currently 6:00
AM to 5:00 PM, Monday through Saturday.
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.3.
110 RECYCLING
9. The Contractor shall recycle tires following generally accepted standards in the
industry.
10, The Contractor shall be responsible for all permits, fees, and expenses related
to the disposal of any waste material from Its operation which is not recyclable,
and shall do so in a manner consistent with applicable laws, rules and
regulations promulgated or enforced by the U.So Environmental Protection
Agency, the Iowa Department of Natural Resources, and/or local solid waste
disposal facilities,
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11. Contractor agrees the Contractor's recycling operation, Including storage of
materials to be recycled and of recycled materials, shall be conducted on a site
which meets tha requirements of applicable federal and local laws and
regulations, including zoning ordinances.
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12. Contractor shall keep an accurate cumulative record of the tonnage of all tires
received (and recycled) from the Iowa City Landfill for the duration of this
Agreement, and shall provide such records to City within a reasonable time.
III. CITY'S RESPONSIBILITIES
13, The City shall provide a tire storage area at the Landfill designed specifically to
house the tires, and City shall fence the Landfill storage area to the satisfaction
of the Iowa Department of Natural Resources.
14. The City shall provide access to the Landfill for pick up, transport and recycling
purposes during normal hours of operation, which are currently 6:00 a,m. to
5:00 p,mo Monday through Saturday.
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IV. GENERAL PROVISIONS
15. The City reserves the right to terminate this Agreement if the work herein
violates any state, federal or local law or regulation, but only after written
notice to terminate.
16. The City reserves the right to exclude any tire in its possession from the
provisions of this Agreement and employ other contractors as necessary to
remove tires from the Landfill waste stream.
17. This Agreement shall remain in effect for a period of three (31 years from and
after the date of the City's execution. This Agreement may be renewed for
additional one-year increments, to be negotiated each subsequent year 30
calendar days prior to an extension, and to be agreed upon by both parties in
writing and attached hereto as an Addendum.
18. This Agreement shall be governed by the laws of the State of Iowa.
19. Neither the City nor the Contractor shall assign or transfer its interest in this
Agreement without the written consent of the other. However, the Contractor
may employ such subcontractors as the Contractor may deem appropriate to
assist in the performance of services hereunder, subject to the City's approval
which will not be unreasonably withheld.
20. This Agreement represents the entire and integrated agreement between the
City and the Contractor and supersedes all prior negotiations, representations
or agreements, whether written or oral. This Agreement may be amended only
by written Instrument signed by both the City and the Contractor. Nothing
contained in this Agreement, nor the performance of the parties hereunder, Is
Intended to benefit eny third party.
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21 . If anyone or more of the provisions contained in this Agreement are held to be
invalid, illegal, or unenforceable, such invalidity shall be deemed severable, and
the remaining portions shall remain In full force and effect.
22. Contractor, Including any of its subcontractors, are not and shall not be deemed
to be an agent or employee of the City of Iowa City, Iowa, but at all times are
deemed to be independent contractors.
23. The Contractor shall not commit any of the following employment practices,
and agree3 to include the following clauses In any of Its subcontracts:
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Contractor agrees not to:
(a) Discharge from employment or refuse to hire any individual because of
sex, race, color, religion, national origin, sexual orientation, marital
status, age, or disability unless such disability is related to job
performanceo
(b) Discriminate against any individual in terms, conditions, or privileges of
employment because of sox, race, color, religion, national origin, sexuel
orientation, marital status, age or disability unless such disability Is
related to job performance.
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V. COMPENSATION
24. The City shall pay the Contractor a unit price per ton for the Contractor's
removal and recycling of tires which originate with the waste tire stream
received at the Iowa City Landfill, The agreed upon unit price is $75.00 per ton
of tires. The unit price per ton shall be paid for each ton of tires removed from
the Landfill by Contractor, as measured and determined by scale weight at the
Iowa City Landfill.
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25. The City agrees to make payment on the 13th day of each calendar month,
based on the previous calendar month's total scale weight of tires removed by
Contractor, and agrees to do so In a reasonable and timely manner.
VI. LIABILITY
26. The Contractor is solely responsible for the means, methods, sequencing and
procedures used in fulfilling its obligations under this Agreement and for the
safety of its personnDI and its operations.
VII. INSURANCE
27. Certificate of Insurance; Cancellation or Modification
(a) Before commencing work, the Contractor shall submit to the City, for
approval, Certificate of Insurance, which shall meet the requirements
specified herein and shall remain in effect for the full agreement period.
(b) The Contractor shall notify the City in writing at least thirty (30)
calendar days prior to any substantial changes or in the event of any
cancellation or notice of non.renewal of said policy, policies or coverage.
(c) Cancellation or non-renewal of said policy or policies shall be considered
just cause for the City of Iowa City to Immediately cancel this
Agreement and/or to halt work under this Agreement.
28. Minimum Coverage
(a) Any policy or policies of insurance purchased by the Contractor to
satisfy Contractor's responsibilities under this Agreement shall include
contractual liability coverage, and shall be in the following type and
minimum amounts:
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Tvoe of Coverace Class I
a. Comprehensive General Each Occurrence Acorecate
Liability
(1) Bodily Injury $250,000 $500,000
(2) Property Damage $100,000
b. Motor Vehicle Liability &
Property Damage Insurance: Per Person Per Accident
(1) Bodily Injury $250,000 $500,000
(2) Property Damage $100,000
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c. Workers' Compensation Insurance as required by Chapter 85,
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(b) In addition, the Contractor shall be required to comply with the following
provisions with respect to insurance coverage:
1. The entire amount of Contractor's liability insurance policy
coverage limits, identified In the policy and on the Certificate of
Insurance, must, under the policy, be available to pay damages
for which the insured Contractor becomes liable, or for which the
insured assumes liability under the indemnity agreement herein
contained, and such coverage amount shall not be subject to
reduction or set off by virtue of investigation or defense costs
incurred by Contractor's Insurer.
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The entire amount of the Contractor's liability insurance policy
coverage limits shall be payable by the Contractor's Insurer, with
no deductible to be paid by, or self.insured retention to be
attributed to, the Contractor unless this raquirement is waived by
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the City. Contractor's Certificate of Insurance must set forth the
nature and amount of any such deductible or self-insured
retention,
3. If Contractor's liability insurance coverage is subject to any
special exclusions or limitations not common to the type of
coverage being provided, such exclusions or limitations shall be
noted on the Certificate of Insurance.
4. Contractor agrees to provide City with "occurrence form" liability
insurance coverages.
VIII. HOLD HARMLESS PROVISIONS: ENDORSEMENT REQUIRED
29. The Contractor shall indemnify, defend and hold harmless the City of Iowa City
and its officers, employees, and agents from any and all liability, loss, cost,
damage, and expense of whatever nature, which may result from the negligent
acts or omissions of Contractor, including Contractor's agents, assigns, officials
and employees. This provision shall apply to and include costs of defense,
reasonable attorney fees and court costs, and shall apply to all such claims,
whether the claims are meritorious.
30. Contractor further agrees that its insurance coverage shall include an
endorsement that, with regard to Contractor's insurance coverage, the
Contractor shall never assert any claim against the City, its officers or
employees, arising In any way from this agreement. This in no way precludes
Contractor from asserting claims for damages arising from the City's own
negligence.
This Agreement shall be executed in duplicate, with each party retaining one originally
executed copy,
Dated this _ day of
,1993.
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- 9-
CITY OF IOWA CITY, IOWA
ROSEBAR TIRE SHREDDING CENTER, INC.
AN IOWA CORPORATION
BY'~
. Darrel G. Courtney, Mayor
By, ~&~J I{tlMW PAuJ
ATTEST:
ATTEST:
Ihe.~;/J~ ;f, ~A)
Marian K. Karr, City Clerk
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AGREEMENT FOR TIRE RECYCLING
This Agreement, made and entered into by and between the Cit~ of Iowa City (City) and
Rosebar Tire Shreddl g Center, Inc. (Contractor) for services in con ection with tire recycling
at the Iowa City San;t ry Waste Disposal Site (Landfill)o
WHEREAS, the City desir s to remove and recycle tires delh.. red to the City Landfill in a
manner consistent with reg ations developed by the U.So En Ironmental Protection Agency,
the Iowa Department of Natur Resources and consistent th good environmental practices;
and
WHEREAS, an agreement has bee negotiated wit Rosebar Tire Shredding Center, Inc. to
provide tire recycling services to the ity of Iowa ity, which agreement is attached hereto;
and
WHEREAS, the City Council finds it to b i the public interest to enter said Agreement.
NOW, THEREFORE, In consideration 0 thei mutual promises, City and Contractor agree as
follows:
I. STORAGE AND REMOV
1. The Contract agrees to provide tire ecycling services for the City, and shall
provide sa; services in a reasonably s fe and good faith manner.
2. The Co tractor shall provide all necessary abor, equipment, and materials for
perfoph,ing services describod herelno These hall be considered an Integral part
of t" sarvice, and no additional compensatio will be paid therefor.
3. ontractor agrees all equipment used to perform tha tire recycling sarvices will
ba either owned by Contractor or leased for Contractor's exclusive use, and
that all equipment will be modern, commercially manufactured equipment end
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shall be maintained in good working condition and will be subject to inspection,
by appointment. by the City during the term of this Agreement.
4. The Contractor agrees to have no markings on vehicles or containers that
indicate or tenfo indicate any official relationship between, the Contractor and
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5. The Contractor agrees to pick up and transport tires frpm the Landfill on an as-
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needed basis. an shall do so following generally a'ccepted standards in the
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industry. Contrac r agrees that pick-up from the Landfill shall occur every
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other week, or as n cessary when City notifies Contractor that a pick-up is
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from whatever source, ith the ~xception of a) foam-filled tires; b) super
singles (16- and 26-ply ti s); c) 6ff-the-road (earth-moving) tires; and further
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agrees to haul all such tire tO/~ bona fide tire recycling facility or user of tires,
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and/or Contractor may sel, aid tires back to the manufacturing stream for
recycling purposes. Co tra lor agrees not to sort or separate tires at the
Landfill prior to loadin or hauli g said materials from the Landfill, other than to
remove the above." ted except d tires.
7. Contractor's h ullng vehicles shall e weighed on the City's scale upon entry
to the Land' I, and shall be weighed gain after loading and before leaving the
Landfill. ity agrees that a copy 0 the scale ticket will be given to the
Contr tor's driver at the time of pic up. Records of net weight of tires
tra ported by Contractor from the Landfil hell be forwarded to the Contractor
n a monthly basis, and shall be deemed ace te and accepted unless objected
to by Contractor within ten (10) calendar days of receipt.
8.
Contractor shall have access to the Landfill for pick up, transport and recycling
purposes during normal Lendfill hours of operation. which are currently 6:00
AM to 5:00 PM. Monday through Saturday,
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II. RECYCLING
9. The Contractor shall recycle tires following generally accepted standards in the
industry.
10. ctor shall be responsible for all permits, fe . and expenses related
to the dispo I of any waste material from its operati n which is not recyclable,
and shall do 0 in a manner consistent with pplicable laws. rules and
regulations pro ulgated or enforced by the .S. Environmental Protection
Agency, the Iowa epartment of Natural Re urces, and/or local solid waste
disposal facilities.
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, ,. Contractor agrees the Contractor's r ycling operation, including storage of
materials to be recycled nd of recy ed materials, shall be conducted on a site
which meets the requir ments f applicable federal and local laws and
regulations. including zoni
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, 2. Contractor shall keep an a u te cumulative record of the tonnage of all tires
received (and recycled) rom t e Iowa City Landfill fat' the duration of this
Agreement, and shall ovide su h records to City within a reasonable time.
III.
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13. The City shall ovide a tire storage area t the Landfill designed specifically to
house the tir . and City shall fence the La fill storage area to the satisfaction
of the low Department of Natural Resource .
14. The Cit she!! provide access to the Landfill for pic up, transport and recycling
purp~s during normal hours of operation, which ~ currently 6:00 a.m. to
5:00 p.m. Monday through Saturday,
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IV, GENERAL PROVISIONS
15. The City reserves the right to terminate this Agreement if the work herein
violates any state, federal or local law or regulation but only after written
notice to terminate.
16. The City reserves the ight to exclude any tire 0 its possession from the
provisions of this Agree ent and employ other ontractors as necessary to
remove tires from the Lan fill waste stream.
17. This Agreement shall remain in effect for a period of three (3) years from and
after the date of the City's e ecution. is Agreement may be renewed for
additional one-year increment to be egotiated each subsequent year 30
calendar days prior to an extens n, d to be agreed upon by both parties In
writing and attached hereto as a tldendum.
18. This Agreement shall be govern d b the laws of the State of Iowa.
19. Neither the City nor the Con ractor sh I assign or transfer Its interest in this
Agreement without the wri en consent the other. However, the Contractor
may employ such subco ractors as the ntractor may deem appropriate to
assist in the performan of services here un er, subject to the City's approval
which will not be unr sonably withheld.
20. This Agreement re resents the entire and integr ed agreement between the
City and the Con actor and supersedes all prior ne ~tiatlons, representations
or agreements, hether written or oral. This Agreeme!;t may be amended only
by written ins rument signed by both the City and the Contractor. Nothing
contained In his Agreement, nor the performance of the parties hereunder, is
intended to ene!it any third party.
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21. If anyone or more of the provisions contained in this Agreement are held to be
Invalid, illegal, or unenforceable, such invalidity shall be deemed severable, and
the remaining, portions shall remain in full force and effect.
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22. Contractor, inclu g any of its subcontractors, are not and shall n t be deemed
to be an agent or em loyee of the City of Iowa City, Iowa, bu at all times are
deemed to be Indepen nt contractorso
23.
The Contractor shall not c mit any of the followin employment practices,
and agrees to include the fol wing clauses in any f Its subcontracts:
Contractor agrees not to:
(a) Discharge from employment r re se to hire any individual because of
sex, race, color, religion, natl al origin, sexual orientation, marital
status, age, or disability such disability is related to job
performanceo
(b) Discriminate against a individual in t ms, conditions, or privileges of
employment becaus of sex, race, color, Iigion, national origin, sexual
orientation, marit status, age or disabili y unless such disability Is
related to job pe
V, COMPENSATION
24. The City s all ay the Contractor a unit price per ton fa the Contractor's
removal nd ecycling of tires which originate with the w te tire stream
receive at e Iowa City Landfill. The agreed upon unit price Is $ .00 per ton
of tire . T e unit price per ton shall be paid for each ton of tires rem ved from
the and! II by Contractor, es measured and determined by see Ie weight at the
10 City Landfill.
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25, The City agrees to make payment on the 13th day of each calendar month,
based on the previous calendar month's total scale weight of tires removed by
Contractor, and agrees to do so in a reasonable and timely manner.
VI. LIABILITY
26. The Contractor Is s lely responsible for the means, met ds, sequencing and
procedures used in ulfilling Its obligations under this greement and for the
safety of its personn I and its operations.
VII. INSURANCE
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27. Certificate of Insurance;
(a) Before commencing ark, the ontractor shall submit to the City, for
approval, Certificate 0 Insur nee, which shall meet the requirements
specified herein and sha I rain in effect for the full agreement period.
(bl The Contractor shall not y the City in writing at least thirty (30)
calendar days prior 0 any ubstantial changes or in the event of any
cancellation or n Ice of non, newal of said policy, policies or coverage.
(cl Cancellation r non.renewal of id policy or policies shall be considered
just caus for the City of 10 a City to Immediately cancel this
Agreem nt and/or to halt work un er this Agreement.
28.
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(a) ny policy or policies of insurance pu hased by the Contractor to
atisfy Contractor's responsibilities under his Agreement shall Include
contractual liability coverage, and shall be 'n the following type and
minimum amounts:
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Tvoe of Coveraoe
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$500,000
$100,000
Per Accident
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$500,000
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(b) In addition, the Co ract r shall be required to comply with the following
provisions with respect 0 insur nee coverage:
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cove ge limits, ide Ified in the policy and on the Certificate of
Ins ance, must, und r the policy, be available to pay damages
fa which the insured ontractor becomes liable, or for which the
I sured assumes liabilit under the indemnity agreement herein
contained, and such co erage amount shall not be subject to
reduction or set off by vi ue of investigation or defense costs
incurred by Contractor's in urer.
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The entire amount of the Con actor's liability Insurance policy
coverage limits shall be payable ,~the Contractor's insurer, with
no deductible to be paid by, or self-insured retention to be
attributed to, the Contractor unless this requirement is waived by
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the City. Contractor's Certificate of Insurance must set forth the
nature and amount of any such eductible or self-insured
retentiono
3. I Contractor's liability insurance overage is subject to any
sp cial exclusions or limitations not common to the type of
cov age being provided, such clusions or limitations shaH be
noted n the Certificate of Ins ranee.
4. Contract agrees to provi e City with "occurrence form' liability
290 The Contractor shall indem 'y, efend and hold harmless the City of Iowa City
and its officers, employe s, and agents from any and all liability, loss, cost,
damage, and expense whatever ature, which may result from the negligent
acts or omissions of ontractor, incl ing Contractor's agents, assigns, officials
and employees, is provision shall apply to and include costs of defense,
reasonable alto ey fees and court co ts, and shall apply to all such claims,
whether the aims are meritorious.
30. agrees that Its Insur nee coverage shell include an
endors ent t~at, with regard to Contra tor's insurance coverage, the
Contr ctor shall never essert any claim ag Onst the City, its officers or
em oyees, arising In any way from this agreeme t. This In no way precludes
C tractor from asserting claims for damages a ' ing from the City's own
n gligence.
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This Agreem nt shall be executed in duplicate, with each party retaining one originally
executed copy. '-'"
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Dated this _ day of
,19930
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CITY OF IOWA CITY, IOWA
ROSEBAR TIRE SHREDDING CENTER, INC.
AN IOWA CORPO ATION
By:
By:
ATTEST:
ATTEST:
Marian K. Karr. City Clerk
Approved by
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RESOLU)'ION NO. 93-254
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT WITH ALTER TRADING CORPORATION OF DAVENPORT,IOWA,
FOR THE PROVISION OF SCRAP METALS RECYCLING SERVICES AT THE
IOWA CITY LANDFILL.
WHEREAS, the City desires to remove and recycle scrap metal delivered to the City Landfill
in a manner consistent with regulations developed by the U.S, Environmental Protection
Agency, the Iowa Department of Natural Resources and consistent with good environmental
practices; and
WHEREAS, an agreement has been negotiated with Alter Trading Corporation to provide scrap
metals recycling services to the City of Iowa City, which agreement is attached hereto; and
WHEREAS, the City Council finds it to be in the public interest to enter said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Agreement for Scrap Metals ReCYCling attached hereto and made a part hereof is
in the public interest, and is hereby approved as to form and content.
2. The Mayor and City Clerk are authorized to execute said Agreement for and on behalf
of the City of Iowa City, Iowa.
3. The City Manager is authorized to exercise the City's additional renewal option, as
provided in the agreement.
It was moved by Novick and seconded by
adopted, and upon roll call there were:
Horowitz the Resolution be
AYES:
NAYS:
ABSENT:
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X
X
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Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
Passed and approved this 14th day of
September
,1993.
MAYOR
ATTEST: "JJJm;A.. ) ~ ~
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AGREEMENT FOR SCRAP METALS RECYCLING
This Agreement, made and entered into by and between the City of Iowa City (City) and Alter
Trading Corporation (Contractor) for services in connection with scrap metals recycling at the
Iowa City Sanitary Waste Disposal Site (landfill).
WHEREAS, the City desires to remove and recycle scrap metal delivered to the City landfill
in a manner consistent with regulations developed by the U.S. Environmental Protection
Agency, the Iowa Department of Natural Resources and consistent with good environmental
practices; and
WHEREAS, an agreement has been negotiated with AlterTrading Corporation to provide scrap
metals recycling services to the City of Iowa City, which agreement is attached hereto; and
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WHEREAS, the City Council finds it to be in the public interest to enter said Agreement.
NOW, THEREFORE, in consideration of their mutual promises, City and Contractor agree as
follows:
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I. STORAGE AND REMOVAL
1. The Contractor agrees to provide scrap metal recycling services for the City,
and shall provide said services in a reasonably safe and good faith manner. In
return for the privilege of removing scrap and the right to recycle City's scrap
metals, Contractor shall make payment to City as provided in Section V below.
2. The Contractor shall provide all necessary labor, equipment, and materials for
performing services described herein. These shall be considered an integral part
of the service, and no additional compensation will be paid therefor.
3. The Contractor shall provide steel storage containers with a receiving capacity
of 30 cubic yards or other City-approved storage conteiners such as semi or
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roll-off dumpsters, to be located at the Iowa City Sanitary Solid Waste Disposal
Site ("landfill"), as requested by the City.
4. The Contractor shall provide such containers in sufficient number to ensure
total storage of all scrap metal delivered to the landfill. The Contractor agrees
to have no markings on vehicles or containers that indicate or tend to indicate
any official relationship between the Contractor and the City.
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a bona fide recycling facility on an as-needed basis, and shall do so following .
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generally accepted standards in the industry. Contractor agrees that pick-up i I,
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materials to a bona fide scrap metal recycling facility or user of scrap metals, \ : n
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andfor Contractor may sell said scrap metals back to the manufacturing stream I' ,
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for recycling purposes. Contractor agrees not to sort or separate scrap metal I
materials at the landfill prior to loading or hauling said materials from the l' I
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7. Contractor's hauling vehicles shall be weighed on the City's scale upon entry
to the Landfill, and shall be weighed again after loading and before leaving the
Landfill. City agrees that a copy of the scale ticket will be given to the
Contrector's driver at the time of pick-up, Records of net weight of scrap metal
transported by Contractor from the landfill shall be forwarded to the Contractor
on a monthly basis, and shall be deemed accurate and accepted unless objected
to by Contractor within ten (10) calendar days of receipt. Contractor shall
maintain accurate, cumulative records for the duration of this Contract, and
shell provide such records to City within a reasonable time.
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8. City agrees to provide access to the landfill for pick up and transport purposes
during normal landfill hours of operation, which are currently 6:00 AM to 5:00
PM, Monday through Saturday.
II. RECYCLING
9. The Contractor shall recycle scrap metal following generally accepted standards
in the industry.
10. The Contractor shall be responsible for all permits, fees, and expenses related
to the disposal of any waste material from its operation which is not recyclable,
and shall do so in a manner consistent with applicable laws, rules and
regulations promulgated or enforced by the U.S. Environmental Protection
Agency, the Iowa Department of Natural Resources, andfor local solid waste
disposal facilities. This provision shall have no application in situations where
the City fails to provide material free from any and all hazardous material(s), in
which case all expenses related thereto shall be attributed to the City.
11. Contractor agrees that all waste material removed from scrap metal received
from the Iowa City landfill, including but not limited to shredded fluff,
insulation or sound-deadening material, shall be hauled to a solid waste disposal
facility of the Contractor's choice. In the event Contractor elects to dispose of
said waste at the Iowa City landfill, the cost of disposal will be at the then-
current rate per ton, Parties agree the Contractor may establish a charge
account with the City, using the landfill Charge Account Agreement current at
the time.
12. Contractor agrees the Contractor's recycling operation, including storage of
materials to be recycled and of recycled materials, shall be conducted on a site
which meets the requiremants of applicable federal and local laws and
regulations, including zoning ordinances.
III. CITY'S RESPONSIBILITIES
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13. The City agrees to inspect all scrap metal entering the landfill for recycling, for
the purpose of removing hazardous materials from the scrap metals wasta
stream,
14.
Hazardous materials, including but not limited to asbestos, solvents, paint, oil
or cans and drums containing remnants of such materials, together with
polychlorinated biphenols (PCBs), freon, or any other material deemed to be
hazardous in the future, will be removed by the City from delivered scrap
metals prior to loading said materials into the storage containers described in
Paragraphs 3, 4 and 5 above. Additionally, the City will inspect for and remove
all potentially hazardous materials from all scrap metal, including but not limited
to freon and CPBs containing elements such as capacitors and ballasts, and also
from all light fixtures, appliances and similar equipment, even if those elements
do not ordinarily contain hazardous materials, City agrees to do this inspection
and removal of said materials prior to loading into said storage containers.
15.
The City will load all scrap metal delivered to the landfill into the storage
containers noted in Paragraphs 3-5 above, and shall notify Contractor when the
storage containers are full.
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16, The City shall provide a scrap metal storage area at the landfill designed
specifically to house the scrap metal containers provided by Contractor. end
City shall fence the storage area to the satisfaction of the Iowa Department of
Natural Resources.
17. The City shall provide Contractor with suitable and reasonable access to the
storage erea and containers during landfill business hours,
IV. GENERAL PROVISIONS
1 B, The City reserves the right to terminate this Agreement if the work herein
violetes any state, federal or local law or regulation, but only after written
notice to terminate,
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19. The City reserves the right to axciude any scrap metal in its possession from
the provisions of this agreement and employ other contractors as necessary to
remove scrap metal from the Landfill waste stream,
20, This Agreement shall remain in effect for a period of three (31 years from and
after the date of the City's execution. This Contract may be renewed for
additional one-year increments, to be negotiated each subsequent year 30
calendar days prior to contract extension, and to be agreed upon by both
parties in writing and attached hereto as an Addendum.
21. This Agreement shall be governed by the laws of the State of Iowa,
22. Neither the City nor the Contractor shall assign or transfer its interest in this
Agreement without the written consent of the other, However, the Contractor
may employ such subcontractors as the Contractor may deem appropriate to
assist in the performance of services hereunder, subject to the City's approval
which will not be unreasonably withheld.
23. This Agreement represents the entire and integrated agreement between the
City and the Contractor and supersedes all prior negotiations, representations
or agreements, whether written or oral. This Agreement may be amended only
by written instrument signed by both the City and the Contractor. Nothing
contained in this Agreement, nor the performance of the parties hereunder, is
intended to benefit any third party.
24. If anyone or more of the provisions contained in this Agreement are held to be
invalid, illegal, or unenforceable, such invalidity shall be deemed severable, and
the remaining portions shall remain in full force and effect.
25. Contractor, including any of its subcontractors, are not and shall not be deemad
to be an agent or employee of the City of Iowa City, Iowa, but at all times are
deemed to be independent contractors.
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26. The Contractor shall not commit any of the following employment practices,
and agrees to include the following clauses in any of its subcontracts:
Contractor agrees not to:
(a) Discharge from employment or refuse to hire any individual because of
sex, race, color, religion, national origin, sexual orientation, marital
status, age, or disability unless such disability is related to job
performance.
(b) Discriminate against any individual in terms, conditions, or privileges of
employment because of sex, race, color, religion, national origin, sexual
orientation, marital status, age or disability unless such disability is
reiated to job performance,
V. COMPENSATION
27. The City shall be paid at a unit price per ton, or portion thereof, of ferrous
metals supplied to Contractor which originate with the scrap metal waste
stream received at the Iowa City landfill and transported by Contractor as
noted above in Sections I-III.
28. The unit price per ton of ferrous metals to be paid to the City each month shall
be the difference between the American Metal Market (No.2 Dealer Bundles
High Side Chicago Markell per ton price on the first effective day of each
month. less the unit deduct. The agreed upon unit deduct is $ 16.40 per Gross
Ton (GT) of ferrous metals. From the above price, Contractor will deduct $40
per hour per trip as a transportation cost, not to exceed $160 total cost per
trip, Contractor will also deduct a monthly box rental fee of $50.00 per month
per box.
29, The unit price per ton shall be paid for each ton of ferrous metals recovered
from scrap metals taken from the lendfill by Contractor, as measured and
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determined by Contractor. To ensure accuracy, Contractor agrees that its
recycling and measurement operations shall be subject to periodic inspection
and audit by the City.
30. Contractor's payment to the Iowa City Accounting Division, 410 East
Washington St., Iowa City, Iowa 52240, is due and payable within thirty (30)
calendar days of the last day of each calendar month after Contractor's
services are provided herein. If the payment remains unpaid, it will be deemed
delinquent and a 1,5% service charge shall be addad each thirty (30) calendar
days thereafter. If the payment continues unpaid for sixty (60) calendar days,
City shall give notice of intent to terminate this Agreement unless cured within
the cure pariod given. Contractor agrees that if the account is turned over to
an agency for collection, Contractor wiil pay court costs, plus reasonable
attorney feas incurred by the City.
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31. The Contractor is solely responsible for the means, methods, sequencing and
procedures used in fulfilling its obligations under this Agraement and for the
safety of its personnel and its operations.
VII. INSURANCE
32. Certificate of Insurance; Cancellation or Modification
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(a) Before commencing work, the Contractor shall submit to the City, for
approval, Certificate of Insurance, which shall meet the requirements
specified herein and shall remain in effect for the full agreement period.
(b) The Contractor shall notify the City in writing et least thirty (30)
calendar days prior to any substantial changes or in the event of any
cancellation or notice of non-renewal of said policy, policies or coverage,
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Cancellation or non.renewal of said policy or policies shall be considered
just cause for the City of Iowa City to immediately cancel this
Agreement andfor to halt work under this Agreement.
33. Minimum Coverage
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(a) Any policy or policies of insurance purchased by the Contractor to
satisfy Contractor's responsibilities under this Agreement shall include
contractual liability coverage, and shall be in the following type and
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Workers' Compensation Insurance as required by Chapter 85,
Code of Iowa.
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(b) In addition, the Contractor shall be required to comply with the following
provisions with respect to insurance coverage:
1. The entire amount of Contractor's liability insurance policy
coverage limits, identified in the policy and on the Certificete of
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Insurance, must, under the policy, be available to pay damages
for which the insured Contractor becomes liable, or for which the
insured assumes liability under the indemnity agreement herein
contained, and such coverage amount shall not be subject to
reduction or set off by virtue of investigation or defense costs
incurred by Contractor's insurer.
2. The entire amount of tha Contractor's liability insurance policy
coverage limits shall be payable by the Contractor's insurer, with
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VIII. HOLD HARMLESS PROVISIONS: ENDORSEMENT REQUIRED
34. The Contractor shall indemnify, defend and hold harmless the City of Iowa City
and its officers, employees, and agents from any and all liability, loss, cost,
damage, and expense of whatever nature, which may result from the negligent
acts or omissions of Contractor, including Contractor's agents, assigns, officials
and employees, This provision shall apply to and include costs of defense,
reasonable attorney fees and court costs, and shall apply to all such claims,
whether the claims are meritorious.
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35. Contractor further agrees that its insurance coverage shall include an
endorsement that, with regard to Contractor's insurance coverage, the
Contractor >>hall never assert any claim against the City, its officers or
employees, arising in any way from this agreement. This in no way precludes
Contractor from asserting claims for damages arising from the City's own
negligence.
This Agreement executed this 14thdayof September
, 1993, in duplicate originals.
CITY OF IOWA CITY, IOWA
B~d)
Darrel G. Courtney, Mayor
ATTEST:
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Marian K. Karr, City Clerk
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AGREEMENT FOR SCRAP METALS RECYCLING
~OP)f
This Agreement, ade and entered into by and between the City of Iowa City (City) and Alter
Trading Corporatio (Contractor) for services in connection with scrap ~etals recycling at the
Iowa City Sanitary ste Disposal Site (landfill).
WHEREAS, the City desire to remove and recycle scrap metal elivered to the City landfill
in a manner consistent witH regulations developed by the .S. Environmental Protection
Agency, the Iowa Department Natural Resources and co istent with good environmental
practices; and
WHEREAS, the City Council finds it to be in e public interest to enter said Agreement.
NOW, THEREFORE, in consideration of t
follows:
ual promises, City and Contractor agree as
I. STORAGE AND REMOVAL
1.
The Contractor a ees to provide scrap m tal recycling services for the City,
and shall provid said services in a reasonab safe and good faith manner. In
return for the ivilege of removing scrap an,d e right to recycle City's scrap
metals, Cont ctor shall make payment to City a provided in Section V below.
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2.
The ConI actor shall provide all necessary labor, eq '~ent, and materials for
perfor ng services described herein. These shall be co idered an integral part
of th service, and no additional compensation will be pa'\erefor.
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Contractor shall provide steel storage containers with a receiving capacity
f 30 cubic yards or other City'~pprijved storage containers such as semi or
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roll-off dumpsters, to be located at the Iowa City Sanitary Solid Waste Disposal
Site ("landfill"), as requested by the City.
4. The Contrl tor shall provide such' containers in sufficient number to ensure
total storage of all scrap metal delivered to the landfill. J~e Contractor agrees
to have no ma kings on vehicles or containers that ind'6ate or tend to indicate
any official relat onship between the Contractor an the City.
5.
The Contractor agre s to pick up and transport crap metal from the landfill to
a bona fide recycling acility on an as-nee de basis, and shall do so following
generally accepted sta ards in the indust . Contractor agrees that pick-up
from the landfill shall oc r within twen -four (24) hours after notification by
the City that a storage con iner is ful of scrap metal and ready for transport.
6.
The Contractor agrees to pick I types of scrap metal delivered to the City
landfill from whatever source, d further agrees to haul all such scrap metal
materials to a bona fide scrap et recycling facility or user of scrap metals,
andfor Contractor may sell s id scrap etals back to the manufacturing stream
for recycling purposes. C ntractor agr es not to sort or separate scrap metal
prior to loadin or hauling said materials from the
7.
Landfill.
Contractor's hauli g vehiclas shall ba weighed n the City's scale upon entry
to the Landfill, a d shall be weighed again after 10 ding and before leaving the
landfill. City agrees that a copy of the scale ti et will be given to the
Contractor's river at the time of pick-up. Records of n ~eight of scrap metal
transporte by Contractor from the landfill shall be forwar to the Contractor
on a mon Iy basis, and shall be deemed accurate and accepte ~'ess objected
to by ntractor within ten (10) calendar days of receipt, Contractor shall
maint in accurate, cumulative records for the duration of this Contract, and
shal provide such records to City within a reasonable time,
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8. City agrees to provide access to the landfill for pick up and transport purposes
during normal landfill hours of operation, which are currently 6:00 AM to 5:00
PM, Monday through Saturday.
II. RECYCLING
9.
The Contrac r shall recycle scrap metal following
in the industry,
10. The Contractor sh II be responsible for al permits, fees, and expenses related
to the disposal of an waste material fr m its operation which is not recyclable,
and shall do so in a manner co istent with applicable laws, rules and
regulations promulgate or enfo ed by the U.S. Environmental Protection
Agency, the Iowa Depart ent f Natural Resources, andfor local solid waste
disposal facilities. This prov ion shall have no application in situations where
the City fails to provide m eri I free from any and all hazardous material(s), in
which case all expense related hereto shall be attributed to the City.
11. Contractor agrees at all waste m erial removed from scrap metal received
from the Iowa Ity landfill, includl g but not limited to s~redded f1,uff,
insulation or so nd-deadening material, s all be hauled to a solid waste disposal
facility of the ontractor's choice. In the e ent Contractor elects to dispose of
said waste t the Iowa City landfill, the co of disposal will be at the then-
current r e per ton, Parties agree the Contr ctor may establish a charge
accoun with the City, using the landfill Charge Ac ount Agreement current at
the ti e.
12. C tractor agrees the Contractor's recycling operation, inc uding storage of
aterials to be recycled and of recycled materials, shall be conducted on a site
which meets the requirements of applicabla federal and local laws and
regulations, including zoning ordinances,
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III. CITY'S RESPONSIBILITIES
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13. The City agrees to inspect all scrap metal entering the Landfill for recycling, for
the urpose of removing hazardous materials from tha scrap metals waste
14.
Hazardou materials, including but not limited to asbestos, solvents, paint, oil
or cans an drums containing remnants of such materials, together with
polychlorinate biphenols (PCBs). freon, or any olhejmaterial deemed to be
hazardous in th future, will be removed by the }lity from delivered scrap
m.tol, priM to 100 ,,....Id m..",.I, ',to Ih. ,r... ,",to,,,,, d'''ribod "
Paragraphs 3,4 and above. Additionally, t1ity will inspect for and remove
all potentially hazardou materials from all so/ap metal, including but not limited
to freon and CPBs contai 'ng elements su h as capacitors and ballasts, and also
from all light fixtures, appli ces and si i1ar equipment, even if those elements
do not ordinarily contain haz dous aterials, City agrees to do this inspection
and removal of said materials ri to loading into said storage containers.
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The City will load all scrap etal delivered to the landfill into the storage
containers noted in Paragr hs 3.5 a~ ve, and shall notify Contractor when the
storage containers are f II.
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The City shall pro de a scrap metal stor e area at the landfill designed
specifically to ho se the scrap metal containe provided by Contractor, and
City shall fenc the storage area to the satisfacti of the Iowa Department of
Natural Res rces.
17.
The City shall provide Contractor with suitable and reaso ~e access to the
stor8g area and containers during landfill business hours. '\
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IV.
18.
he City reserves the right to terminate this Agreement if the work herein
violates any state, federal or local law or regulation, but only after written
notice to terminate,
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19. The City reserves the right to exclude any scrap metal in its possession from
the provisi~ns of this agreement and employ other contractors as necessary to
remove sc ap metal from the landfill waste stream.
20.
This Agreeme t shall remain in effect for a period of three (3) years from and
after the date 0 the City's execution. This Contract may be renewed for
,
additional one.ye increments, to be negotiated each subsequent year 30
,
calendar days prior 0 contract extension, a~d to be agreed upon by both
parties in writing and tached hereto as an Addendum.
21.
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This Agreement shall be g ~erned by the laws of the State of Iowa.
22.
Neither the City nor the Contr tor shall assign or transfer its interest in this
Agreement without the written c sent of the other. However, the Contractor
may employ such subcontractors the Contractor may deem appropriate to
assist in tha performance of services ereunder, subject to the City's approval
which will not be unreason~bly withhe .
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This Agreement represen'ts the entire and ' tegrated agreement between the
City and the Contracto!and supersedes all p 'or negotiations, representations
or agreements, whet~tr written or oral. This A reement may be amended only
by written instruml}'lt signed by both the City d the Contractor. Nothing
contained in this ~6reement, nor the performance the parties hereunder, is
intended to benjt any third party.
If anyone or 6re of the provisions contained in this Agree ent are held to be
invalid, illegal or unenforceable, such invalidity shall be deeme
portions shall remain in full force and effect.
Contract; , including any of its subcontractors, are not and shall not be deemed
to be antagent or employee of the City of Iowa City, Iowa, but at all times are
deemed to be independent contractors.
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26. The Contractor shall not commit any of the fOllowing employment practices,
and agrees to include the following ciauses in any of its subcontracts:
(a)
(b)
v.
COMPENSATION
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Dis arge from employment or refuse t?,Oi Ly individual because of
sex, r ce, color, religion, national origi , sexual orientation, marital
status, e, or disability unless su disability is related to job
performanc .
Discriminate ag ~st any individ I in terms, conditions, or privileges of
employment becaQ e of sex, r ce, color, religion, national origin, sexual
orientation, marital atus, ge or disability unless such disability is
27. The City shall be paid at a unit price r ton, or portion thereof, of ferrous
metals supplied to Co ractor which ori inate with the scrap metal waste
stream received at th Iowa City Landfill d transported by Contractor as
noted above in Sect' ns 1.111.
28. The unit price per on of ferrous metals to be paid t the City each month shall
be the differenc between the American Metal Marke (No.2 Dealer Bundles
High Side Chi ago Market) per ton price on the first e ective day of each
month, less t e unit deduct. The agreed upon unit deduct is 16.40 per Gross
Ton (GT) of ferrous metals, From the above price, Contractor ill deduct $40
per hour p r trip as a transportation cost, not to exceed $160 to I cost per
trip. Con ractor will also deduct a monthly box rental fee of $50.00 per month
per box
29. The unit price per ton shall be paid for each ton of ferrous metals recovered
from scrap metals taken from the landfill by Contractor, as measured and
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determined by Contractor. To ensure accuracy, Contractor agrees that its
recycling and measurement operations shall be subject to periodic inspection
and audit by the City.
30, Contractor's payment to the Iowa City Accountin Division, 410 East
Washington St., Iowa City, Iowa 52240, is due and ayable within thirty (30)
calendar ys of the last day of each calenda month after Contractor's
services are ovided herein. If the payment re ains unpaid, it will be deemed
delinquent and 1.5% service charge shall b added each thirty (30) calendar
days thereafter. the payment continues paid for sixty (60) calendar days,
City shall give notic of intent to termina this Agreement unless cured within
the cure period given. Contractor agr s that if the account is turned over to
an agency for collecti n, Contract will pay court costs, plus reasonable
attornay fees incurred b the City
VI. LIABILITY
31. The Contractor is solely re pon 'ble for the means, methods, sequencing and
procedures used in fulfilli g its 0 ligations under this Agreement and for the
safety of its personnel d its oper ions.
VII. INSURANCE
32.
Certificate of Insu ance; Cancellation or Mo \ation
(a) Before c mmencing work, the contracto>S~all submit to the City, for
approv I, Certificate of Insurance, which sh~",meet the requirements
specif ed herein and shall remain in effect for thel~greement period,
(b) Contractor shall notify the City in writing at ~kthirty (301
c endar days prior to any substantial changes or in the event of any
ancellation or notice of non.renewal of said policy, policies or coverage.
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(c) Cancellation or non-renewal of said policy or policies shall be considered
just cause for the City of Iowa City to immediately cancel this
Agreement and/or to halt work under this Agreement.
33. Minimum Coverage
(a)
Any poli y or policies of insurance pure ased by the Contractor to
satisfy C tractor's responsibilities und r this Agreement shall include
contractu a liability coverage, and s all be in the fOllowing type and
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Each Occurrence Aooreoate
$250,000
$500,000
$100,000
b.
Per Person
Per Accidant
(1) odily Injury
( Property Damage
$250,000
$500,000
$100,000
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Workers' Compensation Insurance required by Chapter 85,
Code of Iowa.
(b) In ddition, the Contractor shall be required to comply i~e following
provis7 with respect to insurance coverage:
(1. The entire amount of Contractor's liability insurance policy
coverage limits, identified in the policy and on the Certificate of
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Insurance, must, under the policy, be available to pay damages
for which the insured Contractor becomes liable, or for which the
insured assumes liability under the indemnity agreement herein
contained, and such coverage amount shall not be subject to
reduction or set off by virtue of investigation or def~nse costs
incu ed by Contractor's insurer.
2.
rage limits shall be payable by the C ntractor's insurer, with
ductible to be paid by, or s I -insured retention to be
aUrib ted to, the Contractor unles his requirement is waived by
the Cit . Contractor's Certificat of Insurance must set forth the
nature amount of any such deductible or self-insured
3. If Contracto 's Iiabilit insurance coverage is subject to any
special exclus'ons limitations not common to the type of
coverage being r vided, such exclusions or limitations shall be
noted on the C 'ficate of Insurance.
VIII.
4.
34. The Contractor all indemnify, defend and h Id harmless the City of Iowa City
and its officer, employeas, and agents from ny and all liability, loss, cost,
damage, and xpense of whatever nature, which ay result from the negligent
acts or omi ions of Contractor, including Contractor agents, assigns, officials
and empl yees. This provision shall apply to and in I~e costs of defense,
reasona e attorney fees and court costs, and shall appl to all such claims,
wheth r the claims are meritorious. '-
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35. Contractor further agrees that its insurance coverage shall include an
endorsement that, with regard to Contractor's insurance covei.ge, the
Contractor shall never assert any claim against the City, its officers or
employees, arising in any way from this agreement. This in no ay precludes
Contractor from asserting claims for damages arising from the City's own
negligence.
This Agreement executed this _ day of
CITY OF IOWA CITY, IOWA
By:
Darrel G. Courtney, Mayor
ATTEST:
Merian K. Karr, City Clerk
Approved by
City Attorney's Office jj
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Robert Buckles, Plant Manager
Alter Trading Corporation,
an Iowa Corporation
lee Blevi ,Account Executive
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RESOLUTION NO. 93-255
RESOLUTION AUTHORIZING SECTION 5(H) IMPLEMENTING AGREEMENT FOR
THE CONVERSION OF PUBLIC HOUSING TO PRIVATE OWNERSHIP.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and the Department of Housing and Urban Development acts for the United States
of America; and
WHEREAS, the City of Iowa City presently has an Annual Contributions Contract with the
Department of Housing and Urban Development to administer a Public Housing Program and
wishes to provide homeownership opportunities to the residents and participants in the
programs of the Iowa City Housing Authority; and
WHEREAS, the residents of Public Housing and the Citizens of Iowa City would benefit from
this program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF IOWA CITY, IOWA:
, . That the Mayor and City Clerk are hereby authorized and directed to sign and attest
said 5(H) Implementing Agreement with the Department of Housing and Urban
Development.
2, That the City Clerk is hereby authorized and directed to certify appropriate copies of
this resolution together with any necessary certifications as may be required by the
Department of Housing an Urban Development.
It was moved by HcDonald and seconded by
adopted, and upon roll call there were:
Amhri <en the Resolution be
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
Passed and approved this 14th
d~"1993
MAYOR
Appr ved by
ATTEST: ?!rti.a-0of. ~;J
CIT lERK
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SBCTION 5 (h) IHPLBIlBNTlNO AGRllBlUlIl'r
PART I
Thie Agreemlnt ie modI and entered into on thil 14TH day of
SEPTEMBER 1992..-, betweln thl' IOWA CITY
Houeing Authority/Houeing Aglnoy (HA) and
the United Statee of America, acting by and through the Department of Hauling
and Urban Development (HUD).
NHBRBAS, the HA hal.requlltld approval of I homtownlrlhip plan undlr the
Section 5 (h) HOIlIIOWI\lnhip-Program for publio hauling, al authodzad by eeotionl
5(h) and 5(cl(4)(0) of the Unitad Statel Hauling Act of 1937, al amended (42
U. S. c. 1437 !!:. H!l..), and 1IIlpllllllllnted in aocordance with the regulationl
contained in 24 erR 905.1001 through 905.1021 or 24 ClI\ Part 905, 81 applicable,
and
llIIIIIIAS, HUD haa notified the BA that the homtownluhip plan attaohad
hareto al Part II il Ipprovab1a, and
llIIIIIIAS, BUD and tha BA have Igrlld to antar into thil Agr_nt to
evidlnce BUD'I approval of laid homeownlrlhip plan and thl BA'I agr_nt to
impllllllllnt laid plan, without modification, in accordance with itl terml and the
r89Ulationl implementing the Slction 5(h) Homeownerlhip Program.
NOll '1'IIlIIIlORI, in conlideration of the covenant I and ag~ntl let forth
herein, BUD and the BA hereby agrle 01 followl'
Slction 1. Dlfinitione.
AI Uled in thil Agre.mlnt, the following tlrml Ihall have thl meaningl
hereinbelow ascribed thereto I
~ - United Statal Houeing Act of 1937, al amended, 42 U.S.O. 1437 !!:. SIO.
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Aareement - Thil Implemlnting Agrelmlnt with rllpect to implementing the
plan, including the UII of lale proceed I thereunder, IXlcuted by BUD and the HA,
which eetablishel the righte end relponlibilitiee of the HA with rllpact to the
Plan and the ule of eale procledl thereundlr.
ACC - The Annual Contributionl Contract entered into by BUD and the HA,
which containl the terml and conditionl under which IlUD auiotl the HA in
providing decent, lafe, and eanitary housing for low-incoml familiee under the
Act.
Low-income familiel - Thil term hal the meaning Ilcribed to it in lection
3 of the Act.
E1!n .. The HA'e homeownlrlhip plan pur.~ant to the Secticn 5(h)
Homeownerlhip Program, for thl lall of III or a portion of a public housing
davelopment or development. to eligible re.ident.'and the ule of Ille proc.ed.
therefrom for houling all1Btancs to low-incom. famiUe. (after provilion for lale
and aclminiltrativa co.t. necellory and reaBonable for carrying out the approved
homacwnlrlhip plan), el let forth in Part II af thil Agreement.
Reauletionl .. The regulation. contain.d in 24 CPR 905.1001 through
905.1021 or 24 CrR Part 906, II Ipplicable, and a. the IlJIlImay be lIlOdified and
IJIlInded.
Slle orocllde .. Includl. III payment I made by purch.eerl for credit to
the purchll. price (including, without limitation, eunllt IllOney, down paymentl,
payment I out of the proceed. of mortgage loan., and principal and int.re.t
payment. und.r purchl..-money mortgage.), together with any llIlOunt. plyable upon
relale under the Regulatione, and interelt earned on III luch receiptl.
SecretarY - Thl Secretory of the U. S. DepartMnt of Houling and Urban
Dl"feloplllnt.
Section Slhl Homeownerlhio Proaram .. The h~lrlhip program fcr public
hou.ing, a. authoriald by lectionl S(h) and 6(c)(4)(D) Act, and implamented in
accordance with the Regulaticn..
Saction 2. Scoce ot Aorsement.
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2.1. This Agreement governs ths implemsntation ot the Plan and u.e ot
gale proceeds thereunder.
2.2. Upon conveyancl ot title to any property by the DA in accordance with
the Plan, !IUD ghell nlul8 the title rllltriotionl thenon prucribed by thti ACC.
Thereatter, the property ghall no longer bl subject to the ACC and Ihall Clale
to be eligible tor turther !IUD tunding tor operating lublidiel or modirnization.
Notwithltanding thl tongoing, it the dIVelopment of which the property 11 a part
il subject to indebtednees under thl ACC, !IUD Ihall continue to make any dabt
oorvice contributiono tor which it io obligated under the ACC. In the ca.e o~
a development with other financing reltrictionl (Iuoh al bond-financld
dlvelopment), howlver, thl property Ihlll be convlyed lubject to the tlrm. and
conditionl ot the applicable reltriotionl.
2.3. Any houling dlveloped, acquired gr rlhabilitated by the DA with IIle
proceedl undlr thil Agreement (inciuding any local houling program Iltablilhed
by the DA with luch proceods) Ihallbe deemed to be outlide the ICOpe of the Act,
except II otherwisl provided hlrlin, and BUD Ihall have no obligation whatloever
to provide any continuing financial or othlr alllltance to the DA on behalf of
luch proqrama or projlctl.
2.4. Thia Agreement Ihall not govern or apply to any inCOlllll generated by
any local prograJII or activity eltablilhed purluant to the Plan, 10 long.. luch
incOlllll i. not comminglld with the lale proceedl under the Plan.
Section 3. UIII of Sale Proceedl.
3.1. The DA agroel that lale procllde Ihall be Uled only in accordance
with the Plan, and the requir8J118ntl and proviaionl of thll Aqr_nt, and.
certHi.. that thl Plan compliu with 24 CrR 905.1015 or 24 CFI\ 906.15, a.
appliCable, governing the uee of lale proceedl.
3.2. Sale procledl ehall be Uled in an economical and etticilnt mannlr
(without lI11culivlI Iclminiltrative ovuhlad cOlte), 10 .. to provide the maximwl
houling alliltancl at a rlalonable COlt to low-income familiel.
3.3. The RA Ihall obligato lale proceed I in e timely t..hion, in
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accordanco with tho pro~oct lmplomontatlon ochodulo .ot forth In the Plan.
J.4. Tho IfA ohall comply with ouch othor roqulromont. AD aro Impoood by
IIUD from time to time by .totuto, rogulatlon or contractual amondment govornlng
tho Section 5(h) 1I0meownorohlp Program, tho Plan or tho uoo of .010 procoodo
th~roundQr .
J.5. TholUl'o Doard of Convnloolonoro oholl bo rooponolblo for lmplolOOntlng
the Plan and enourlng that 0010 procoodo aro uood In occordonco with tho
requlremonto of thlo Agreement. Tho Doard of cOl1ll1l10010noro aloo oholl bo
reoponolble for all phooeo of any Program developed under the Plan.
J.6. The IUI muot obtain IIUD approval under Section 17.2 to modlty any of
the provlolono of the Plon.
Section 4. Eotabllohment of oeoarato occount.
The lLA ohall eotablloh and maintain a oeparate account for any projoct or
program to be funded wIth .ale procoedo under thlo AgreODlent. Such .ale proceedo
may be commlnglod with fundo contrlbutod to the project or program from othor
oourceo, 00 long aD the lLA malntalno tho ooparate Idontlty of the o.le procoodo
covored by thlo Agroemont.
Soctlon 5. Certification of Performance of Condltlono Procodent.
The HA cortlflo? that It hao compllod with all condition. and roquiromont.
on lto part procodont to IIUD' 0 approval of the Plan, InCluding, wIthout
limitatIon, complIance with all applIcable provlolono of tho Rogulatlono (whIch
require, among other thing., that tho Plan meet all threo crltorla eet forth In
24 CPR 905.1004 or 24 CPR 906.4 and othorwloo be conolotont with tho requlromont.
of the Rogulatlonol con.ultatlon and Involvement of rooldent. undor 24 CPR
905.1005 or 24 CPR 906.51 full and valid oxocutlon of an ogroement betweon tho
"^ and the entity eotabll.hod by reeldento of tho IfA ai required by 24 ern
905.1007 or 24 CPR 906.7, 1( oppllcablol dollvory of 011 .upportlng documontatlon
a. roqulrod undor 24 CPR 095.1021 Or 24 CPR 906.21.) Tho ItA further cortlllo.
that all thing. noceooary to moko thlu 0 volld, binding ogroement of tho tormo
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and condltlona, and tor the purposoo heroin oet torth, have boon done or have
OCcurred, and that tho exocutlon and dol Ivory ot thl. ^groomont on Ite part 1.
In all roopocto duly authorlzod In accordanco with law.
Soction 6. IIA Covonanto U(octivo SuboOQ1Jont to tho !xocutlon and Oollvorv ot
thio Aqroemont.
6.1. Tho JIA COvonanto and agreoo that, oubooquont to tha oxocution ot
thio Agroement, it ohall comply with all applicablo provloions at the
Rogulatlono, Including, without Umltation, thooo provLolons with roopoct to
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conoultatlon and Involvomont of rooldonto, undor 24 crn 905.1005 or 24 CrR 906,.5/
tho phyolcal condition of tho property to bo ~old ond,compllanco with local codo
roqulramonto and roqulromonto for oUminatlon at lo.d-baood pelnt hazardo, undor
24 CFR 905.1006 or 24 crR 906.6/ counoOllng, training .nd tochnlcal aoolot.nco,
undor 24 CPR 905.9 or 24 CFR 906.9, non-purchaolng reoidonto, undor 24 crn
905.1010 or 24 CPR 906.10/ maintonanco rooorvoo, undor 24 crn 905.1011 or 24 crR
906.11, and limitationo on rooalo profito, undor 24 CFR 905.1014 or 24 CFR
906.14.
6.2. Tho IIA ohall onforco tho provioiono of any agrollalOnt, oxocutod botwoon
tho IIA and any ontity oot.bliohod by rooidonto of tho IIA, purouant to 24 CFR
905.1007 or 24 CFR 906.7.
6.3. Tho IIA ohal1 comply with, implemont and enforco all provioiono of
tho Plan.
6.4. Tho IIA agrooa to tho maximum oxtont foaoiblo to provido opportunitloa
for omploymont (or public houolng rooidonto in carrying out ito Plan.
S~c"ion 7. Malntonanco of Rocordol Rloht to fnopOct and CoP~
The IIA shall be rooponolblo for tho maintonance, In good condition, ot
bOOks, accOunt., reporte, fUea, rocord. and othor.document. (incLuding, without
limitation, oalo. and tinancial rocordo) rolatlng to all actlvltlo. Incidont
to tho implnmontation ot the Plan, In accord~nce with 24 ern 905.1017 or 24 crR
906.17, Which ahall bo SOparato tram tho 11A'. book. ot account and rocord. tor
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tha ACC. Any duly authorizad rapraaentativ8 of HUD, th. Comptroll.r General of
the Unit.d Stat.. or any oth.r appropriat. ag.noi.. of th. red.ral, state or
local government, at all reasonable times, .hall have acoess to and the right
to inspeot, .xamine, audit and copy all such booke, r.oords and oth.r documents.
Section S. Audit and Administrative ~eauirernents
8.1. Tha finanoial ,tatements of the HA ehall b. audited annually by a
lic.nled Lad.pend.nt publio accountant d.signat.d by th. HA. A writtsn report
of .ach audit mu.t be forward.d to DUD within thirty (30) d'YI of itl issuanc.
10 th.t DUD III&Y ...... IIA compl1ancI with thil Agn_nt. Th. ,udit rlport
Ihall contain a compllte set of financial statements, inclUding a balane. .h..t
Itatem.nt and a Itatamant of rsc.iptl and Ixpanditur.l. Copiel of the report
.lso Ihall bl furoi.hld to th. resident organization (if any) that r.pr,slntl
th. IIA'I projlOt r..id.nt.. Th. IIA .hall .ubmit, and/or permit DUD accII. to,
.uch oth.r information or litel a. IIllD may r.quir. in ord.r to IIlOnLtor and ......
th. IIA'. compl1anc. with this Agreement. Upon rllsonabl. notice provided to th.
HA, B1lD allo III&Y. conduct such othu audit. .. are nlO...ary or apprapd.tI
8.2. Th., IIA .h.ll cOlllply with .11 'Wl1cabl. statl and loell 'l.w.
pertainLag to th. III&ttlr. cont.LaId in the P11JI, including all rlll'lant building
cod., and contracting and procurem.nt rlqUiremtnt..
SlOtion 9. ADDlicabilitv ot raderal laws, Conflicts of lntlr..t.
9.1. Th. HA .h.ll comply with Titl. VI cf th. civil Right. Act ot 1964
(42 U.B.C. 2000d-2000d_4) and Lmplllllllnting regulations at 24 ClII Part II th.
rair Bou.ing Act (42 G.S.C. 3601-3619) and !mpl~nting rlgU1ation. at 24 ClII
Part 100 or, .. applicabl., th. Indian Civil Rightl Actl th. AlII Discrimination
Act of 1975 (42 G.S.c. 6101-07)1 s.ction 504 of th. R8habilitation Act of 1973
(29 U,S.c. 794) and Lmpllllllnting ragulation. at 24 cm Part's, and III oth.r
applicabl. civil right. law. and executiv. ord.rl.
9.2' 'lh. IIA shill comply with all other r.deralllws, &I arl appl1cabl..
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9. J. (a) No per Don or entity in the tollowing cla.... Ihall havI an
intereet, direct or indirect, in this Agreement or in any procaedl or benetitl
arioing trom it, during hie or her tenure, or tor one Ylar thlreatterl
(1) Any board member or otticer ot the HAl
(2) Any employee ot the HA who tormulatel policy or intlulncel deoilionl
with reepect to the development, acquiaition, rehabilitation, or any other uoe
ot the oele proceedo provided for in the Planl
(J) Any member ot thll governing body or thl IXlCUtlVI director ot thl
locality (city, county, or rlllrvetion) in which thl HA, thl property to bl
conveyed under the Plan, or any project to bl acquirld, dlvlloped, rehabilitatld,
or othlrwill alliltld undlr the Plan il (or will bl) lituatld,
(4) Any othllr Statl, tribal or othar local public oft~ciall (including
State legillatorl), who exerciol any functionl or rlaponlibilitiel with,rllpcct
to thl property to bll conveyed under thll Plan, any ,project to be acquired,'
develcped, rehabilitatlld or othllrwiee alaisted under thl Plan.
(b) Ho member or Delegate to the Ccngrllll of thl United Statll ot America or
thll ,lxlOUtlvll Dirllctor of thl HA shall ba admitted to Iharl any part ot th1e
Agr_nt or to recli", any blInetits that arile theretrClll. Ho board -"er,
otticlr or employee at the HA, no member of a Itate or tribal legiSlature, no
Mmber at the governing body locality or locaUti.., nor any othllr public:
otticial of euch locality or lOcalitil1 that IXlrcile any tuncticn or
rllponlibility with respoct to thl dllVelopmentl oovered by th1e Aqr_nt, during
their tlnure, or one Ylu thereattlr, shall hive any interllt wbich producII or
ilintanded to producI I pencnal tinancial blnetit, direct or indirect, in th1e
Agr_nt or the lale procl8d..
(C) It any luch penonl acquirl, or acquir.d, any luch intarelt, pricr to
appointment or employment ~~ ;ucn mamblr, otticlr, or employ.., he or Ihe Ihall
not P.~iijipatl in any action ot thl SA rllating to thl prcperty dllcrlbad in
thil Agrlement in which thlY may have Iny intlrllt.
(d) ,Thl HA Ihlll includl, or CIUSII to bl includld in all ita ccntract. with
contracton, IUbcontractora, or any party involving thl ule ct thll lalll proceedl,
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Section 10. Default.
10.1, Anyone ot the tollowing acte, eingularly or in conjunction with
any other ot euch acte, ehall conetitute a detault by the HAl (1) the HA hal
ueed, or il ueing, eale proceeda tor purpoaee not permitted by, or inconaietlnt
with, the provilionl ot thie Agreement, (2) thl HA hal tailed to comply with
any otheJ: covenant, agreement, provieion or warranty made in thie Agreement, (3) , ,
an audit conducted in accordance with eection S.l reveall evidence ot
miemanagement ot fundi' or (4) the HA hu dllllOnltrated an intention not to
pertorm any or allot ita obligationl under thil Agreement.
10.2. It BUD determinel that a detault under leotion lq.l hae occurred,
it ehall notity the HA in writing ot ite determination. Such notice ot.detault
Ihall include a brief ltatement o~ the naeone for BUD' I determination and Ihell
provide the IIA with an opportunity, within a prescribed period of time, to cure
the lpec!fied detault or otherwile rllpond to the determination, unleal !mediate
action i. required to protect the raderal interllt.
Section 11. Sanctionl and r-.!i..
11.1. Cpon occurrence ot a defaUlt, al lpacified in Beation 10.1, BUD
may take one or more of the tollowing actionl'
(a) I.lu. a wuning letter to the RA Idvilinq it of the d.fault and
eltabU.hing a data by which corrective actione IllUlt be completed, and infol:lllinq
the HA that more I.rioue actionl may be taken it the deficiency ie n~t corrected
or 11 repeated,
(b) Order the RA not to incur any additional financial obligation., or to
IUlpend paymentl, tor one or more aotivitiel undl11:aluln pursuant tu thie
Agnlllllnt,
(C) Oiract the HA to reimburle one 'or more proqram accountl, from non-
BUD lourcel, for any amountl improperly e.pendld,
(d) Recapture for good cauce any tundl madl aVlilabie to the RA purluant
9
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(e) Take all othsr necellary or appropriatl conectivl ections, AI
dot ermined 1n the sole discretion of the Socretary, to remedy the HA'I default
or protect tho Fedsral government's interests.
11.2. lIUD's failure to exorcise any right or remedy (Bithor bolore or
after itl heuancs of a notice of default under lection 10.2) Ihall not
conetitute a waivor of any of the rightl or remldiel Ivailable to IIUD, either
al provided by section 11,1 of this Agreement, or al othl~il. provided by law.
l'urtheJ:'lllore, the availability or exercill of any rllllldy under thil Agrlllllllnt
Ihall not preclude the exercile by HUD of any othlr rlllledy aVlilable undlr this
Agreement, or al othlX'Wise provided by law, or bl considlred a waiver of any
other rights or remsdies.
11.3. IIUD May coneider thl HA'I default under thil Agrlement as 'a factor
in deciding whether to award or to renew the eward of allietancl to the HA under
other BUD progrAMI.
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Section 12. Duretion of Aarellllent.
'I) The tlrM of thil Agreement Ihell commencI upon itl lXecution by
BUD and thl BA, and Ihall remain in effect until all lale proceldl under thil
Agreement have been expended by the BA and the BA hal fully complied witb, or
cauled the compliance with, III tOJ:'lllB, conditioni and requirementl of the Plan.
(b) If the terM of thil Agreement eXpirll in Iccordancl with lubleation
(a) above, and provided that thlre remainl no uncurld default (or any uncured
defaultl have been waived, in writing, by the Alliltant Secretary for Public and
Indian Houling), thin thl HA Ihall havI no further rllponlibility to BUD undlr
thil Agreement.
Slction 13. Terminetion for Convenience
Thil Agrelment IIIIY be terminated if both IIUD and the BA agrle that
continuation of the Agreement il inteasibll. In suoh In IVlnt, thl HA agree I
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that any fundo not oxpended in carrying out thio Agreomont ahall bo returnod to
HUO. Other provioiono governing the termination of thia Agreement, lncluding
the data of termination, ohall be mutually agreed upon by HUO and the HA.
Section 14. Riohto of Third Partieo.
14.1. Nothing contained in thie Agreement ehall be con.truad to create or
ju.tify any claim by a third party againet NOD.
14.2. NOD dooe not aoaumo any rooponeibility for, or liability to, any
peraon injured U a reeult of the HA'. aotion, or it. failure to act, in
connoction with the lmplemontation of thi. Agreem.nt, or ae a re.ult of any,
other action or failure to act by the HA.
14.3. The HA ie not the agent of NOD, and thi. Agrelmln~ doe. not create
or affect any ralationehip b.tween NOD and .ny lender to th. HA" or any
.uppUera, IIIlployee., contractor. or .ubcontraoton u.ed by the IIA in the
implementation of thi. Agreement.
Section 15. Entire Aoroement.
15.1. Thie Agreement, which con.iet. of Part I, the Plan incorporated a.
Part II and any exhibit. attached hueto, con.titut.. the entire agreement
betWlln IIDD and the HA with n.pect to the .uhjllCt: IDItter henof. Thb Agreement
IDlY be IIIIInded or IllOd1fied only by a written inetrument duly authodzed and
IXICUted by the partiee hereto. Thi. Agreement .hal1 be binding on and inure
to the benefit of the parti.. and tc their rupectbe .ucceucn-in-interllt and
lIiign..
15.2. The fcllowing oxhibite, Which are attachad heretc, are incorporated
into thi. Agreement and expre..ly made a part heraof'
Exhibit AI HOMEOWNERSHIP PLAN UNDER SECTION 5(h)
Exhibit 81
Exhibit CI
Exhibit 01
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15.3. Part II ot this Agreement containo the !IA'a Plan and ehall dilcuse,
ae applicabla to the particular tact oituation, each ot the matt.re let torth
in 24 CFR 905.1020 or 24 CFR 906,20, ae applicabl.e.
Section 16. ~aiver or Amendment.
16.1. HOD reeervel the excluaive right to waive, at the lole discretion
,
ot the Secretary and to the extant p8t;Ditted by law, any requirement or provision
under this Agraamant. No act by or on behalt ot HUn shall be daeme~ to b. a
waiver ot any luch requirement or provieion, unleee the eam. be in writing,
eigned by the Secretary, and expraealy etating thlt it constitutel a waiver,
16.2. Thie Agreement, or any part heraot, may b. ImBnded only in writing,
duly authorized and executad by HUn and the!IA. Th. HA must obtain HUn approval
under this IIction to modify any provLaion ot this Agr'_nt, inoluding, without
limitation, any provision ot the Plan under Part: II. Any IJIIBndm.llt to thb
AgrdBlllBnt .xacuted by 1IUD and the 1IA ehall have the SIllMl toro. anel ettect al thb
Agraement.
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Section 17. Severabilitv.
Th. invalidity ot any I.ction, lublection, olauI. or provilion ot thi.
AgreBmlnt Ihall not attect the validity ot the rtmaining seotionl, lubeectionl,
claul.1 or provilionl herIOt.
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Section 18. Aoorovale and Noticel.
18.1. Any notioe or damand'under thil Agrlement Ihall be in writing, and
ligned by a duly aUthorized ottio.r ot the Part:y giving luch notio. or demand.
Notice Ihall b. deBmld to have been given at the time it Ihall have been reclind
at the principal ottic. or addrell ot th. party to whom it il directed.
18.2. Any notioee sant to HUn shall b. mailld, poltage prepaid, or
delivered to the appropriate IIUD Regional Adminlltrator at th. tollowing addr...'
(or at such othor addreos aa oetabliahad by notlce)1
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U.S, Department of Housing and Urban Development
400 State Ave.. Gateway II
Kansas City, KS ' 66103
Any notice sent to ths HA shall bs mailsd, postage prepaid, or delivered
to (or at euch other address as established by notice),
CITY OF IOWA CITY
CIVIC CENTER 410 E WASHINGTON ST
IOWA CITY IA 52240
HtlD and the HA have caused this Agreslllent to ba exscuted in their
respective names and have caused their respective seals to be hersunto affixed
and attested to as of the date(s) ehown below.
(SEAL)
ArnST I
YOR
SePtember 14. 1993
Date
Date
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ATTACHMENT A
Homeownershlp Plan
Section S (h) Implementing Agreement
Iowa City Housing Authority
September 3 I 1993
Rev.S
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TABLE OF CONTENTS
TENANTS AND PROPERTY, ............... 1
Description of Homeownership Program. . . . . . 1
Description of ReSidents/Potential Homebuyers. 4
Description of Resident Interest. . . , . . . . 5
Description of Community Support. . . . . . . . 5
Description of Homeownership Conversion Sponsor. 6
Time Table for Conversion Plan 6
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BUDGET. " . . . . . . . . 6
Hatching Contributions 7
'Homebuyer Affordability 7
Reserve Funds 9
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REQUIRED PLANS. 11
Comprehensive Planning Section 305. 11
Rehabilitation Plan. '.... 11
Resident Selection Procedures. 11
Counseling. . . . . . . I . . . 12
Description of Terms and Condition of Sale. 13
Replacement Plan. , : . . . . . . . 14
Resident Relocation Plan. . . . . . 14
Plan for Operation of the Project Upon Homeownership
conversion. .... 14
Economic Development Plan. 14
CERTIFICATIONS.
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SUPPORTING DOCUMENTATION.
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Homeownership Plan
under
Section 5 (h) conversion
for the
Iowa City Housing Authority
The Iowa City Housing Authority (ICHA) through the Tenant to Owner
Program (TOP) proposes to convert public housing units to tenant
ownership. Using the provisions of Section 5 (h) of the Housing Act of
1937, the ICHA proposes to make available 2e scattered site public
housing units for purchase by tenants. The rate of conversion will be
determined by the number of replacement units made available by the
Department of Housing and Urban Development (HUD).
The Tenant to Owner Program allows Housing Assistance program
participants to purchase their own home. Many people are trapped in
the cycle of poverty and welfare because they do not see the
possibilities of obtaining different iifestyles. This program assists
the family in obtaining their own home and by doing so, creates within
the family the need to maintain their independence. The primary
guidinq principle of this proqram is to insure that the number of
rental units available to very low income families is not diminished by
assistinq other families to achieve homeownership.
1. TENANTS AND PROPERTY.
A. Description of Homeownership Program.
The homeownership program (TOP) will encompass 2e units of
the housing stock of the ICHA. Under this program, an
initial group of twenty units or the number of replacement
units awarded by HUD will be offered for sale. The following
strategy is incorporated as the basis for the program.
The ICHA is a legally constituted Housing Authority under the
Code of Iowa. The affordability of the homeownership program
is assured through the use of a silent second mortgage and a
first mortgage that represents a payment of 30\ of the
monthly income of a participant. Local lending institutions
would provide first mortgage money to those tenants whom they
have qualified under this program. The participant would be
responsible for any closing cost and points involved at sale.
The first mortgage wouid bs amortized for is years with a 5
year balloon. The second mortgage held by ICHA would be
reduced at each balloon paymsnt that would occur at five year
periods. The ICHA would hold a strong second position in
case of default by the purchaser. Assistance,would be
available to prevent a default in the first five year period
and to prevent overwhelming maintenance costs.
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Sale of TOP property would be conditioned to assure continued
affordability. As the program evolves, ICHA reserves the
type of replacement units that will be required.
This project will be limited to twenty units or the maximum
number of units allocated by HUe. There are 2e single family
units in the inventory of the ICHA. The specific properties
that will be converted will be identified as the resident
tenants identify themselves as participants in the program
and as HUe provides replacement units.
Property
Unit Size
Valuation
PROJECT 22-3
1900 F Street
4-bedroom unit
74,100
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1200 Highland
PROJECT 22-5
4-bedroom unit
66,300
328 Douglass Court
3-bedroom unit 60,000
3-bedroom unit 7e,000
3-bedroom unit 60,000
3-bedroom unit 60,000
3-bedroom unit 60,000
3-bedroom unit 60,000
2308 Lakeeide Drive
602 First Avenue
1316 Dover
1417 Franklin Street
1215 Louise Street
PROJECT 22-6
1927 Grantwood St
4-bedroom unit 84,000
J-bedroom unit 63,000
4-bedroom unit 85,000
J-bedroom unit 64,945
J-bedroom unit 75,000
4-bedroom unit 85,275
J-bedroom unit 61,201
J-bedroom unit 74,369
J-bedroom unit 85,258
2
924 Hudson St
2258 Russell Or
617 Brookside Or
1220 First Ave S
J410Shamrock Or
22J9 Union Rd
718 Highland Ave
eOl South lawn Or
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15 Amber Lane 3-bedroom unit 76,872
1702 California 3-bedroom unit 77,265
1218 Hollywood 8ivd 3-bedroom unit 79,722
2344 Lakesiqe Dr 3-bedroom unit 73,352
145 S Westminster St 3-bedroom unit 79,344
2709 Wayne Ave 3-bedroom unit 77,192
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608 Eastmoor Dr 4-bedroom unit 75,699 !I
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2311 Nevada Ave 3-bedroom unit 62,932 i;
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1508 Dover St 4-bedroom unit 78,000 'Ii
1034 Sandusky St 4-bedroom unit 85,000 I ! Iii
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TOTAL 20 J-bedrooms $1,401,452 I
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8 4-bedrooms $ 6J3,J74 ;i
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2e units $2,OJ4,e26
Facilities and Services. The City of Iowa City has all
the services and facilities found today in major urban
centers with the added bonus of Univereity of Iowa services
and facilities. Educational services within Iowa City range
from the expected public school system to the services
offered by the University. There is an area college branch
located within Iowa City offering high school completion
courses and vocational training. Adult education courses are
routinely offered by this school and by the Extension
Services of the State of Iowa.
There are both private and public schools available for
children through high school. Located close to Iowa City is
a private high school. The Iowa City Public School System
covers the area included in this conversion program.
Intercity busing is used to maintain racial balances, provide
specific educational services and to transport children who
reside outside of a two mile radius to their assigned school.
There is handicapped school transportation available to those
requiring this service.
Recreational facilities are located throughout the City both
indoor and out. Citizens located in western Iowa City often
avail themselves of the recreationai services of coralville,
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which is a contiguous city. The Iowa City Recreation
Department provides classes, training courses and group
actIvities ars offered that are available to everyone
residing in Iowa City. Fee schedules contain levels for
Individual and families who are identified as lower Income.
Many of the services and faciiities are free.
8us transportation is a jewel in the crown of Iowa City.
Ranked by a professional journal, as ninth in the nation for
a city of this size, the bus system cooperates with the
University's free fare system and the City of Coralville.
The goal of the bus system is to route within three blocks of
any point within 85\ of Iowa City. The system runs from 6:00
AM to 10:30 PH daily but does not operate on Sunday. There
are free and reduced pass systems available to everyone in
Iowa City that have need,
The Johnson County Transportation System provides services
for the handicapped, disabled and elderly population. This
area system provides door to door service on an appointment
basIs. There Is a fee schedule for service.
As the home of the University of Iowa, the City has a social
service delIvery system that provides a plethora of services.
From family counselling to Hospice services, 'one would find
it difficult to discover an area of concern which is not
covered by a local agency.
a, Description of Residents/Potential Homebuyers.
The tenant population in the ICHA Public Housing Program can
be characterized as an educated, affluent poor. Johnson
County median income is one of the highest in the State of
Iowa. A recent survey of tenant rents indicated that 35 of
69 families had rent burdens in excess of the minimum monthly
mortgage payment under this program of $178, as shown on
page 7. While rents ranged from $0 to $741, 47 had wage
incomes and 4 had two wage earners in the family.
Potential homebuyers will be screened for stable job or
income capacity, It is expected that the homebuyer would be
employed or be receiving disability or retirement payments.
The homebuyer must have been in lawful occupancy for a
minimum period of not less than 30 days prior to the
conveyance of the title to the property. Residents will be
given a preference if they have completed self-sufficiency
and job training programs or who meet equivalent standards of
economic self sufficiency, such as actual employmsnt
experience.
Application for the specific purpose of purchasing a home
will be taken from each interested' public housing tenant who
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so desires, The 82 families will be queried as to their
dssires. Application will be dated stamped and subjected to
eligibility and preference factors, selection shall be made
in order of receipt. After the tenants in public housing
have been processed and if more cOllversion program
participants are needed, the ICHA will offer the
homeownership program to participants in the Section 8
programs. Should it be necessary, application will be
accepted from families on the waiting list. The rejection of
this program by any family will not affect their position or
eligibility for program assistance.
The potential buyer would be screened by the iocal lending
institution for residential loan capabilities. Potential
homebuyers would be counseled and assisted In removing any
impediments to obtaining a loan.
C. Description of Resident Interest.
Three years ago when this program was first proposed, 16 of
30 residents rsturning a questionnaire Indicated an Interest
in homeownership. Two complexes formed tenant groups to
begin the process of forming condominium associations. While
singls family units returned questionnaires, little was done
to stimulate this Interest.
Marketing activities OVer the past two years has contained
elements of homeownership. Along with Family Self
SUfficiency, the information on homeownership has motivated
many high rent payers to maintain public housing as the only
realistic method of obtaining a home.
A formal questionnaire was mailed on July 20, 1993 to all
residents of single family dwellings, Informal responses
indicate complete acceptance by these tenants.
D. Description of Community Support.
A public hearing was held for comments on this program on
August 31, 1993. A representative of the Leifal Services
Corporation of Iowa spoke against the program. The comments
were: this program did not meet the needs of the poor; the
program was only for the very affluent; the maintenance
expenses would bankrupt the families and that the City of
Iowa City should reject any offer of replacement units.
There were no other public comments.
A PUblic Hearing held for the application of 20 units of
replacement housing received no public comments. Although
support for the project is unknown, there were no objections
voiced to applying for new construction replacement units.
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E. Description of Homeownership Conversion Sponsor.
The Iowa City Housing Authority (ICHA)
municipal housing authority. The ICHA
administering three major federal
programs, Section 8 Certificate, Section
Housing.
is a state chartsred
is the iocal agency
housing assistance
8 Voucher and Public
While the ICHA is part of the City of Iowa City, in many
legal aspects it is a separate quasi-unit of government.
Under Federal law, the ICHA may legally operate anywhere
within the State of Iowa and the United States. To be
practical, the ICHA limits its operations to the Johnson
County area. The ICHA does provide services in the
surrounding counties on a limited basis.
The ICHA wiil maintain all records of sale and a financial
nature for any and all activities incident to implementation
of this homeownership program. The receipt, retention and
use of the sale proceeds' shall be covered in the regular
independent audits of the ICHA's public housing operations,
and any supplementary audits that HUD may find necessary for
monitoring. All books and records are available for
inspection and auditing by HUD or the General Accounting
Office.
Award of Contract Start
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F, Time Table for Conversion Plan.
The time table for conversion will be limited by the typs of
replacement units offered. The ICHA cannot in good faith
begin the conversion program without the contract for
replacement units becoming effective. The following time
table is given as a relative time frame linked to
replacement.
Completion of application process 60 DaY9
Completion of selection process 120 Days
completion of training and coungeling 240 Days
Sale9 to begin
270 Days
This time table ig for the first group of tenant9 gelected.
There will be families of this group that will be ahead of
and behind thi9 timetable due to their specific rea90n9,
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eUDGET.
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A. Matching Contributions. The preliminary costs for the
program will be borne by the rCHA. After the sale of the
first unit, this program will be self funding. All proceeds
from the sale will first be committed to the costs of this
program, to establishing maintenance, default and assistance
components of the program. Funds In excess of these needs
will be used to enhance economic development of the Public
Housing tenants and to increase the effectiveness of the
hOUSing program. Ultimately funds would be treated as
reserve funds and utilized as such.
Based upon experience of acquisition, the fOllowing staff
time and budget estImates are given. The size and complexity
of programming is a function of the number of units sold and
the type replacement units received.
Budget for Replacement
Income Item Annual Per Unit
Sales Proceeds for 20 units $400,000 $20,000
Interest 4,500 225
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Total $404,500 $20,225
Expense Item
Administrative time $20,000 $1,000
Indirect staff time 20,000 1,000
Appraisal 5,000 250
TItle opinion
and other legal 6,000 300
,
, I Repair and Maintenance 29,000 1,450
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$4,000
Reserve Fund Payments
Default Fund 40,000 $2,000 ,
MaIntenance Fund 17,200 860
Owner Loan Payment Fund 4,800 240
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Fund Total $62,000 $3,100
B, Homebuyer Affordability.
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STRATEGY, Simply, we must be aware that deep subsidies of
the cost of our units will have to occur. The TOP may be
limited to families who have incomes near or greater than the
50\ of median income levels. They will not be able to meet
banking criteria for mortgage loans were we' to attempt to
recover the value of the property immediately,
Our strategy will select a tenant for ownership of a specific
unit. 8y computing 30\ of gross income as their housing
cost, we can by reverse calculation arrive at a dollar amount
that could be loaned by a fin~ncial institution. Our subsidy
of that unit would be a silent second mortgage. This subsidy
would be an amount equal to the difference between what can
be loaned and the actual valuation of the unit,
Exampie of Income to Mortgage Calculation
$12,OOO,annual income supporting a $20,000 mortgage
$12,OOO(Annual Income)
--------------------- c $1,000 x 30\ . $300 (Total Housing Cost)
12 months
$300 - $lOO(Estimated cost of taxes and insurance) = $200
$200(available for mortgage) per month = $199.89 payment of
mortgage for $20,000 at
8.75\ interest over 15
years.
Second Mortgage Calculation
usi~g the above example with an $80,000 purchase price
$80,000 - $20,000 = $60,000 (Second mortgage')
The second mortgage wiil be silent, in that no payments occur
until either the repayment of the first mortgage or sale of
the unit. On repayment of the first mortgage, ths family
would take out another mortgage to pay a portion or all of
the second mortgage, A good credit record, their equity and
the inflation in the value of the property should enhance
refinanc ing,
To maintain affordability and to assist the owner in reaching
a good equity position, the lender and the owner would be
rsquired to rsfinance the first mortgage at a maximum amount
based upon 30\ of th~ owners current income, This would
assure aftordability for the homeowner In that any adjustment
to ths amount of the payment bscause of intersst increasss
would be off~et by maintaining the 30\ ratio. This would
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assist the program by returning second mortgage payments
every five years. Using the above examples, the homeowner
would payoff approximately $5,000 during the first five
years, This would give the lender a balance of $15,000 on
the first mortgage and the ICHA an originai second position
mortgage of $60,000. With no changes in income or other
factors, the lender would again loan the owner $20,000, as
was computed on 30\ of income. The original first mortgage
would be paid off leaving $5,000 for payment on the second
mortgage. This gives the lender a first position mortgage of
$20,000, the leMA a second mortgage of $55,000, with the
balance of the value of the SSO,OOO home as an equity
position of $5,000 for the homeowner. This would Occur every
five yeare, the first position mortgage wouid always be
adjusted to 30\ of the homeowners income. As one can see the
first position mortgage would grow with the increaee in the
homeowners income. When the homeowner loses income, the risk
of losing the house increases as it does for all of us who
find ourselves in a declining income situation.
On sale, the second mortgage would be returned as part of the
sale of the unit. Th~ fOllowing sale may require that the
second mortgage be continued at some level.
Projected Income over 11 Years
First Mortgage End
after 5 Year aalloon
Second Mortgage End
After 2nd 5 Year Salloon
$100,000
SIOO,OOO
This assumes no
mortgage interest
affecting financial
increase in owner income,
rates and no change in
capabilities of the owners.
no change in
other factors
PURCHASE PRICE. The purchase price of a unit under this
program will be the appraised value of the property as
derived by an independent certified appraiser. There will be
no discounting of the appraised value. As the sale price is
the total price, there will be no windfall profit problems,
On resaie and all subsequent sales, the offered prices of the
units will be by appraisal of an independent certified
appraiser.
C. Reserve Funds.
The three major reserve funds proposed are to prevent or
lessen the riek of loeing the unit from the stock of
affordable housing. All owners have a right to assistance
from the maintenance fund for major maintenance problems not
covered by homeowners insurance during the first five years
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of ownership only. The tenants who may need assistance to
make payments during periods of iass of income may apply for
such help. The lCHA will review the situations presented for
such assistance to insure that the support will prevent a
default and that the default situation was not caused by
owner neglect or fraud. The Default fund is for the use of
the lCHA in recovering units for which legal foreclosure has
been obtained.
Default Fund. This fund will be used by the lCHA to have
cash on hand to repurchase a unit which has to be placed in
default by the lender, Defaults in mortgage loans have
occurred at a 6 to e\ of the number of loans for mortgage
institutions. Given that this program maintains a 30\ of
income level, it is reasonable to assume that the default
rate due to financial considerations would parallel these
experiences. The default fund should therefore be large
enough to cover such a rate of default. With the number of
loans at 20, one would expect to see two (2) defaults, ( 20 x
8\ "1,6). With an average mortgage projected to be $20,000,
the expected fund should cover two loans or $40,000.
Haintenance Fund. The maintenance fund is designed to
prevent the deterioration of the properties within the first
five year period of homeowners hip , The owner need only to
notify the lCHA that a major maintenance problem has occurred
and that the owner needs assistance to remedy the problem.
This fund is a loan fund that will remain as a silent loan to
be repaid at the time of refinancing. Repayment of this loan
will take precedence over the second mortgage. Since 20 of
28 units are new acquisition units and since the projected
life of those systems is five years or more, the estimate for
this fund is small. The average costs for the systems
involved is as follows:
System
Costs to Repair
Roof
Water Heater
Furnace
$4,000
$ 600
$4,000
The Haintenance Fund
necessary to replace
would be $17,200.
will be established at the level
two of each system identified, which
Owner Loan Payment Fund. To prevent default due to loss of
income, this plan recognizes the need to provide assistance
for the first five year period of homeownership. 'After this
time, the equity established by loan payments can become the
fall back positlon for the borrower. The Fund would act as a
repayable loan that would be recovered at the renewal of the
mortgage after the first five year period.
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The owner may apply for this temporary relief by notifying
the ICHA of the nature of the problem that prevents the owner
from making payments. The situation will be reviewed to
determine whether this situation Is correctable or whether
events have occurred that will prevent the owner from
recovery. An example of a fundable situation would be an
accident to the wage earner that would require six months of
support. An example of a non-fundable situation is where the
family would break up leaving either household formed unable
to financially' support the minimum requirements of the
program.
Using the statistics for loan default and considering the
capability to recover from a disaster or illness, this loan
program would be limited to a total payment equalling one
year. Thus, two defaults times the annual payment of $2,400
would equal a Fund requirement of $4,800.
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All funds would be incremented as sales occur. Since the.
Oefault and Owner Loan ~ayment Funds are related to the
aotual amounts of mortgage and Income, these funds would be
incremented to their maximum by a ratio of the actual sales
price to the total project sales. This would mean that a
$80,000 mortgage would require a transfer of $960 to the
Owner Payment Fund (80,OOO{2,034,826 X 2,400). This
recognizes the greater risk from a large mortgage rather than
a smaller one.
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REQUIREO PLANS.
A. Comprehensive Planning Section 305.
This program is for single family dwellings.
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8. Rehabilitation Plan,
The ICHA will review with the selected homebuyer the
condition of the unit. While all units are inspected
annually using HQS, the units identified for this program
will undergo the same rigorous pre-sale examinations used in
the acquisition project underway at this PHA.
Rehabilitation and maintenance costs for this program will be
minimal with 20 of the 28 units offered just recently
acquired. The maintenance assurance program contained in TOP
will allow the ICHA and the home buyer protection from the
oversight of a major system problem.
C, Resident Selection Procedures.
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ELIGIeLE eU~ERS. The purpose of this program is to provide
home ownership opportunities for families who have low to
very low incomes and are presently in need of housing
assistance. A qualified buyer is a family that is current in
all of their lease obligations over a period of not less than
eix months prior to the conveyance of title, including, but
not limited to, payment of rents and other charges and
reportinq all income that is pertinent to determination of
rental charges. The family must meet the financial
guidelines of the plan that indicate a reasonable expectation
that homeownership will be successful. Further
qualifications, such as credit worthiness, the absence of
behaviors as proscribed by the Iowa Tenant Landlord Law and
willingnees to participate in the care and maintenance of the
property, will be required.
The offer to sell will be restricted to buyers qualified
under this program. The offer to sell each unit to a family
will be according to the following criteria:
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Preference shall be given in all categories to those tenants
enrolled in the FSS program of the ICHA, a job training
program or who have demonstrated a work history of more than
one year.
In occupied units, to the tenant in residence.
tenant in residence wishes not to purchase the
further offers will be made.
When the
unit, no
When vacant, units will first be offered to:
1, Residents in Public Houslng who have identified a
desire to own a unit In a specific complex or single
family dwelling.
2. Families receiving Section 8 assistance who have
indicated a desire to become a homeowner.
3. Families who are waiting for assistance as
recognized by' their position on the waiting list of the
Iowa City H~uslng Authority.
D. Counseling. HOMEOWNERSHIP TRAINING. Eligible buyers will
be required to attend a training sequence that will focus on
the budgeting for homeownership, use of credit for household
costs, legal responsibilities for home owners, insurance
needs of homeownership and general home maintenance. This
training will also be used In other HUD requlred community
development programs, Other tralning needs for specific
buyers will be offered as identified. Present plans c~li for
a cooperative effort by Area Educatlon, Iowa State Extension
Services, University of Iowa Academic Programs and the ICHA
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to construct an educational component from the needs of the
tenants. Costs for the initial tralning program will be
forwarded by the ICHA. After the first sale, funds will
become available for the continuation of the training
regimen. Training and counseling may be wavered for those
buyers who have demonstrated their expertise through long
term occupancy of a single family dwelling.
E. Description of Terms and Condition of Sale.
AMORTIZATION. Amortization is the period of time over which
the total amount of the loan is to be repaid. The repayment
schedule is made using this time period. The term of the
loan, however, may be set for a different length of time.
Amortization of the first mortgage will be for 15 years.
This will allow the purchaser to gain in equity during the
first 5 year term of the first mortgage,
TYPE AND LENGTH OF MORTCAGE. The flxed rate, 5 year term
mortgage is a common contract and one,that has the best of
both worlds for the lender and the borrower. The five year
term allows the lender to adjust the interest rate of the
mortgage without much difficulty, thereby allowing a lower
interest rate. This mortgage will tie into the 5 year
support systems for the homebuyer.
DOWN PAYMENT AND CLOSING COSTS.
major hurdles for most first
payment is not required of the
plan.
Down payments are the
time home buyers. A down
home purchaser under this
Closing costs will be borne by the purchaser. The source of
this money may be by a gift or grant, savings or other non-
loan source. The amount should be less than $500 and may
possibly be as low as $200.
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TAXES AND INSURANCE. Taxes and homeowner insurance costs
will be borne by the purchaser. Thsy will be included in the
computation limiting the purchase cost to 30\ of the gross
income of the purchaser.
ESCROW ACCOUNTS. Due to the lower incomes of the home
purchasers, it may be unreasonable to expect them to be able
to pay their taxes and insurance premiums in the lump sums
that would be required. 8y requiring the lender to establish
escrow accounts for the payments of property taxes and
insurance premiums, moat purchasers should be successful in
meeting these obligations.
MINIMUM MORTGAGE. The minimum mortgage shall be $7,800 for
a family that can be a qualified buyer in this program. The
Code of the State of Iowa does not allow mortgages of less
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than $2,500. Common practice by banks in the Iowa City area
varies but the range is $7,500 to sa,ooo.
SALE ey FIRST OWNER. The resale of the house by the
original owner would be restricted S9 the unit would be
available to another very low income family. Oue to
inflation in income dollars, the 30\ criterion may allow for
a reduction in the second mortgago subsidy upon saie.
As with all home purchases, the homeowner will maintain the
last position on sale. Any decreases in property value that
generate a loss on sale will be the responsibility of the
owner.
F. Replacement Plan. The replacement of homeownership units
will be through awards by HUO. Initiaily, the replacement
units will be new construction semi-detached and detached
scattered site units. The ability of the City to absorb new
construction, the cost of new construction and the speed of
conversion will dictate the continuation of replacement
through new construction. Acquisition or Section 8
Certificates or Vouchers remain as options for future
segments of conversion.
G. Resident Relocation Plan. When the tenant in residence
wishes not to purchase the unit, no further offers wili be
made. The tenant will not be asked to reiocate and may stay
in their unit as a renter. For those tenants who wish to
move, Section e assistance wili be offered as governed in the
policies and procedures of the rCHA. Under no circumstances
will the ICHA require a tenant to vacate a unit under this
program.
H. Plan for Operation of the Project Upon Homeownership
Conversion. This homeownership project is directed toward
detached and semi-detached public housing units. The two
larger complexes of the Iowa City Housing Authority are not
included in the present plan. The nature of this project
wili not require ongoing administration once the conversion
is completed.
I. Economic oevelopment Pian. The homeownership program (TOP)
is designed to be a part of the total programming at the
ICHA, Conceptuaily, the TOP would be the culmination of a
resident or participants involvement with the ICHA. The
family would first seek assistance to resolve a housing
crisis, move toward self sufficiency and finally toward
homeownership.
While it is not required that a tenant or participant be
enrolled in the Family Self Sufficiency Program (FSS), It
would appear to be a logical conclusion to such programming.
14
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The goal of the client in either case would be to secure a
home without the reliance upon social support systems.
All tenants would be notified of the FSS as one means of
developing increased incoms potentials. While voluntary and
for moet too arduous, this would be the avenue for
participation in the program.
Johnson County has one of the highest median incomes in the
State of Iowa at $42/500 for an average family. This gives a
high median income for families within the program. The
number of homebuyers eligible for this program far exceeds
the number of replacement units under this project. With
over 750 Section a participants waiting for the opportunity
to purchase a home, the ICHA sees no difficulty in qualifying
buyers for this program.
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4. CERTIFICATIONS.
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SUPPORTING DOCUMENTATION.
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RESOLUTION NO. 93-256
RESOLUTION GRANTING EXTENSION OF THE DEADLINE FOR TElECOMMU.
NICATIONS, INC. OF EASTERN IOWA (TCI) TO SUBMIT A PROPOSAL FOR
PROVIDING CABLE TELEVISION SERVICE TO IOWA CITY.
WHEREAS, Telecommunications, Inc. of Eastern Iowa (TCI) received on May 5, 1993, a
request for proposal from the City of Iowa City for providing cable television service under a
new franchise arrangement, and
WHEREAS, TCI had sixty (60) days, or until July 5, 1993, under federal law to respond to
said request for proposal, and
WHEREAS, TCI requested and the City sUbsequently granted to TCI a sixty (60) day extension
of that deadline to September 5, 1993, and
WHEREAS, TCI now requests a further extension of the deadline, and
WHEREAS, the City is willing to grant a further forty-five (45) day extension of the deadline
until October 20, 1993, under the condition that TCI enter into an agreement which grants
to the City up to one hundred five (105) extra days to respond to TCI's proposal, and
WHEREAS, said conditions are specified in a letter of Agreement, which letter is attached to
this resolution and made a part hereof,
NOW, THEREFORE, BE IT RESOLVED that TCI of Eastern Iowa's request to extend the
deadline for submittal of its proposal for cable TV service in response to the City's request for
proposal is hereby extended until October 20, 1993, but only to the extent of the terms set
forth in the attached letter of Agreemant.
It was moved by Novick and seconded by
adopted, and upon roll call there were:
Horowitz the Resolution be
AYES:
X
X-
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X
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NAYS:
ABSENT:
Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
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Passed and approved this 14th day of
,1993.
ATTEST: 1lJ(J~j'..,/U) -J! ./dw
CITY'elERK
mgrlosstltcloxt,ro.
A p~oved~4
ity Attorney's Office ~~J
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lETTER OF AGREEMENT
between
City of Iowa City (City)
and
TCI of Eastern Iowa (TCI)
The parties agree that in consideration of the City's prior 60.day extension of the deadline for
TCI to respond to the City's Request for Proposal IRFP) regarding franchise renewal, and in
further consideration of the City's granting an additional 45.day extension of that deadline to
October 20, 1993, TCI agrees and by this letter grants to the City an equal amount of time,
specifically up to 105 days, which the City may apply, over and above the times specified
under federal law or referenced in its RFP, if needed as determined by the City, to meet any
of its remaining obligations to TCI during the formal franchise renewal process.
CITY OF IOWA CITY
TCI OF EASTERN IOWA
B~
By: !I~/~
Date: September 14. 1993
9~/(J-93
Date:
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lETTER OF AGREEMENT
between
City of Iowa City (City)
and
TCI of Eastern Iowa lTCI)
The parties agre that in consideration of the City's prior eO-day extension of the deadline for
TCI to respond t the City's Request for Proposal (RFP) regarding franchise renewal, and in
further considerati n of the City's granting an additional 45.day extension of that deadline to
October 20, 1993, CI agrees and by this letter grants to the City an equal amount of time
which the City may a ply, over and above the times specified under federal law or referenced
in its RFP, if needed a determined by the City, namely 105 days, in order to meet any of the
City's remaining obliga 'ons to TCI during the formal fra~,e renewal process.
CITY OF IOWA CI Y JI OF EASTERN IOWA
By:
Date:
App'~d by ~
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Ci Y Attorney's Office
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RESOLUTION NO. 93-257
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE WASTEWATER
TREATMENT DIVISION OF THE PUBLIC WORKS DEPARTMENT.
WHEREAS, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized
permanent positions in the Public Works Department for FY94;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF IOWA CITY,
IOWA, that the budgeted positions in the Wastewater Treatment Division be amended by:
1. The deletion of two MW-II Wastewater Collection positions, AFSCME, paygrade 4.
2. The addition of two MW-II Wastewater positions, AFSCME, paygrade 5.
It was moved by Ambrisco and seconded by Horowitz
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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Ambrisco
Courtney
Horowitz
Kubby
McDonald
Novick
Pigott
Passed and approved this 14th day of September
,1993.
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September 14
, 1993
The City Council of Iowa City, Iowa, met in Regular
seesion, in the Council Chambers, Civic Center, Iowa City, Iowa,
at 7: 30' 0 I clock ~. M., on the above date. There were present
Mayor Courtney , in the chair, and the following
named Council Members:
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Amhri Rt".O. Cnnrtnp.y. Hnrnwi t'1.. Kllhhy - Ml"nnn~' n t
Novi ok. Pi ~oH
Absent: Nono
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Council Member Ambrisco introduced the
following Resolution entitled "RESOLUTION DECLARING AN OFFICIAL
INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO
REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDITURES PAID IN
CONNECTION WITH SPECIFIED PROJECTS" and moved that it be adopted.
Council Member Horowitz seconded the motion to
adopt, and the roll being called thereon, the vote was as follows:
AYES: Kubby, McDonald, Novick, Pigott,
Ambrisco, Courtney, Horowitz
NAYS:
None
Whereupon,
follows:
the Mayor declared said Resolution duly adopted as
Resolution No. 93-258
RESOLUTION DECLARING AN OFFICIAL INTENT UNDER
TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO
REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDI-
TURES PAID IN CONNECTION WITH SPECIFIED PROJECTS
WHEREAS, the City anticipates making cash expenditures for
one or more capital improvement projects, [within the
Capital Program] generally described below (each
of which shall hereinafter be referred to as a "Project"); and
WHEREAS, the City reasonably expects to issue debt to
reimburse the costs of a Project; and
WHEREAS, the Council believes it is consistent with the
City's bUdgetary and financial circumstances to issue this
declaration of official intent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
Section 1. That this Resolution be and does hereby serve as
a declaration of official intent under Treasury Regulation
1.150-2.
Section 2. That it is reasonably expected that capital
expenditures will be made in respect of the foregoing Project,
from time to time and in such amounts as this Council determines
to be necessary or desirable under the circumstances then and
there existing.
Section 3. That the City reasonably expects to reimburee all
or a portion of the foregoing expenditures with the proceeds of
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bonds, notes or other indebtedness to be issued or incurred by the
City in the future,
Section 4. That the total estimated costs of the Project,
the maximum principal amount of the bonds, notes or other
indebtedness to be issued for the foregoing Project and the
estimated dates ,of completion of the Project are reasonably
expected to be as follows:
Fund from which
original expen- Total Amount of Estimated
ditures are to Estimated Borrowing Date of
Proiect be Advanced Cost. Anticipated Completion
Recreation
Building roof $390,000
and floor Landfill Reserve $390,000 12-94
replacement Genera 1 Fund $ 35.000 _$ 35.000 12-94
.It is intended to seek grants and other contributions to reduce
the amount of borrowing required for the following Project:
None.
If such grants are not received, it is intended that the costs to
be financed will be increased accordingly.
Section 5. That the City reasonably expects to reimburse the
above-mentioned Project'costs not later than the later of eighteen
months after the capital expenditures are paid or eighteen months
after the property is placed in service.
Section 6. That this Resolution be maintained by the City
Clerk in an Official Intent File maintained in the office of the
Clerk and available at all times for public inspection, subject to
such revisions as may be necessary,
PASSED AND APPROVED this 14th
1993.
day of September
l~
ATTEST:
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CERTIFICATE
STATE OF IOWA
SS
COUNTY OF JOHNSON
I, the undersigned City Clerk of Iowa City, Iowa, do hereby
'certify that attached is a true and complete copy of the portion
of the corporate records of said Municipality showing proceedings
of the Council, and the same is a true and complete copy of the
action taken by said Council with respect to said matter at the
meeting held on the date indicated in the attachment, which
proceedings remain in full force and effect, and have not been
amended or rescinded in any way; that meeting and all action
thereat was duly and publicly held in accordance with a notice of
meeting and tentative agenda, a copy of which was timely served on
each member of the Council and posted on a bulletin board or other
prominent place easily accessible to the public and clearly
designated for that purpose at the principal office of the Council
(a copy of the face sheet of said agenda being attached hereto)
pursuant to the local rules of the Council and the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the
public and media at least twenty-four hours prior to the com-
mencement of the meeting as required by said law and with members
of the public present in attendance; I further certify that the
individuals named therein were on the date thereof duly and
lawfully poesessed of their respective city offices as indicated
therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is
pending, prayed or threatened involving the incorporation,
organization, existence or boundaries of the City or the right of
the individuals named therein as officers to their respective
positions.
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WITNESS my hand and the seal of said Municipality hereto
affixed this 16~h day of September , 1993.
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CitY--~lerk, Iowa City, Iowa
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ATTOflNIYUTLAW OUMOLNU,IOWA
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(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting:
Time of Meeting:
Seotember 14. '
, 1993.
7:30 o'clock .t.M.
Place of Meeting:
Council Chambers, Civic Center,
Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above set
out. The tentative agenda for said meeting is as follows:
Resolution declaring an official intent under
Treasury Regulation 1.150-2 to issue debt
to reimburse the City for certain original
expenditures paid in connection with epeci-
fied Projects.
Such additional matters as are set forth on the addi-
tional 14 pagels) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant
to Chapter 21, Code of Iowa, and the local rules of said
governmental body,
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