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HomeMy WebLinkAbout2002-05-07 Resolution Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, iA 52240 (319) 356-5400 RESOLUTION NO 02-153 RESOLUTION SETTING PUBLIC HEARING TO AMEND THE SECTION 8 ADMINISTRATIVE PLAN TO INCLUDE THE HOMEOWNERSHIP SECTION FOR THE IOWA CITY HOUSING AUTHORITY SECTION 8 PROGRAM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing is to be held on the 21st day of May, 2002, at 7:00 p.m. in Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named plan in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) or more than twenty (20) days before said hearing. 3. That the copy of the plan for the above-named Iowa City Housing Authority document is hereby ordered placed on file by the Administrator in the office of the City Clerk for public inspection by May 7, 2002. Passed and approved this 7th day of ~4ay ,2002 . Approved by ATTEST: ~'~¢,,/z~¢..¢~,,...2-~ "~,~.~../ ~ *~;~3 ~'t-o~. 01T'C'CLERK City Attorney's Office It was moved by Vanderhoef and seconded by Champ1 on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ;( Pfab × Vanderhoef X Wilburn Hisasst/res\Resolutionsect8 2002 doc Prepared by: Ron Knoche, Sr. Civil Engineer1410 E. Washington St., Iowa City, IA 52240, (319)356-5238 RESOLUTION NO. 02-154 RESOLUTION SE'FI'lNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE HIGHWAY 1 AND SUNSET STREET INTERSECTION IMPROVEMENTS PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 21s~ day of May, 2002, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and haying a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 7tn day o Na~ ,20 02  ved by pweng\re$\hwy 1 sunset setph doc 04/02 Resolution No. 02-154 Page 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ~ Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Klm Shera, Civil Engineer, 410 E. Washing[on St,, Iowa City, IA 52240, (319) 356-5437 RESOLUTION NO. 02-155 RESOLUTION SETTING A PUBLIC HEARING ON DANE ROAD TRUNK SANITARY SEWER PROJECT AND AUTHORIZING MAILING AND PUBLICATION OF NOTICE OF SAID PUBLIC HEARING TO EACH OWNER OF RECORD OF AGRICULTURAL LAND THAT MAY BE ACQUIRED FOR THE PROJECT. WHEREAS, under the provisions of Chapter 6B of the Iowa Code, a governmental body which pro¢oses to acquire property under power of eminent domain for a public improvement project is required tO give notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation prior to declaration intent to fund the site specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn, if necessary, all' or a portion of property or an interest in property for the public improvement; and WHEREAS, the proposed Dane Road Trunk Sanitary Sewer Project includes construction of a sanitary sewer system to serve the south Mormon Trek Boulevard area and the development west of Highway 218. WHEREAS, before the City of Iowa City can proceed to take said actions in connection with said project, the City Council must give notice by mail and publication to owners of agricultural land that may be acquired or, if necessary, condemned for the Project and hold a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ©F THE CITY OF I©WA CITY, IOWA, THAT: 1. Documentation showing the proposed location of the Dane Road Trunk Sanitary Sewer Project shall be placed on file in the office of the City Clerk and made available for public viewing. 2. A public hearing on the Dane Road Trunk Sanitary Sewer Project is to be held on the 1 l~h day of June, 2002, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 3. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 4. The Department of Public Works and City Clerk are hereby authorized and directed to cause notice of said public hearing to be mailed and published as required by law with said Notice to be in substantially the attached form. Passed and approved this ? th day of Ha ,2002. CITY ~LERK '~y Attorney's Office pweng\res\daneroad doc Resolution No. 02-155 Page 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR DANE ROAD TRUNK SANITARY SEWER PROJECT TO: Harold John, Jr. & Allegra Dane Harold J. Dane, Jr. 4062 Dane Road SE 4082 Dane Road SW Iowa City, IA 52240 Iowa City, IA 52240 James R. Davis James and Ruth Dane 4097 Kitty Lee Road 4507 Dane Road SW Iowa City, IA 52246 Iowa City, IA 52240 Robert A. Davis Tom H. and Karen Williams 4059 Kitty Lee Road 4146 Dane Road SE Iowa City, IA 52246 Iowa City, IA 52240 Jan Ellen Smith Jebb L.L.C. (Bob Wolf) 690 North Star Court 3732 Hummingbird Lane Boulder, CO 80304 Iowa City, IA 52240 George Dane Georg E. and Christiana H. Knorr 715 Benton Ct. 332 Kimball Road Iowa City, IA 52246 Iowa City, IA 52240 Francis and Janet Driscoll Bonnie Wenman 4120 Dane Road 1019 Diana Road Iowa City, IA 52240 Iowa City, IA 52240 Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire property rights under power of eminent domain for a public improvement project to give notice of the project to all agricultural property owners whose properties may be affected and to hold a public hearing. 1, DESCRIPTION OF THE PROJECT. NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the City Council of the City of Iowa City will consider funding of the site-specific design for the Dane Road Trunk Sanitary Sewer Project, making the final selection of the route or site location or acquiring or condemning property rights, if necessary, required for the project. Said project involves construction of a sanitary sewer from Willow Creek along the proposed extension of Mormon Trek Boulevard across Dane Road and Highway 218 to the development west of Highway 218. 2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION OR CONDEMNATION. If the above-described project is approved by the City Council, the City may need to acquire property rights for the project improvements. Property rights may include a temporary construction easement, a permanent easement, and/or a fee simple parcel (complete ownership). Upon review of the records of the Johnson County Auditor, it appears that properties or portions of properties owned by the above-identified persons may have tO be acquired for the project by the methods described above. The City will attempt to purchase the required property by good faith negotiations. If negotiations are unsuccessful, the City will condemn those property rights which it determines are necessary for the project. The proposed location of the above-described public improvement is shown on documentation which is now on file in the office of the City Clerk and available for public viewing. 2 3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND PROJECT. The City has provided funding in its budget for this project, as well as funding to acquire any property rights that may be needed for the project. City staff has analyzed the options for how to proceed with this project and has coordinated project planning with other appropriate agencies. The planning has reached the point where preliminary designs now indicate that certain property rights may need to be acquired. Any public comment will be considered in preparing the final designs, particularly as private property may be affected. Jn making the decision to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to acquire or condemn property rights, if necessary, the City Council is required to hold a public hearing, giving persons interested in the proposed project the opportunity to present their views regarding the decision to fund the site-specific designs for the project, make the final selection of the route or site location, or to acquire or condemn, if necessary, property, or an interest in property for the project. The public hearing will be held on the 1'1TM day of June, 2002 in the City Emma J. Harvat Hall, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. In order to fund the site-specific design for the public improvement, to make the final selection of the route or site location, or to commence the acquisition or condemnation of property rights, if necessary, for the above-described project, City Council will be required to approve the project and authorize acquisition of private property rights for the project by Council resolution. The City Council is scheduled to consider adoption of a resolution authorizing acquisition of property rights for the above-described project following the public hearing. When an appraisal is required, if the project is approved by the City Council, an appraiser will determine the compensation to be paid for easements and/or property acquired in fee simple. The City will offer no less than the appraised value and will attempt to purchase only the needed property by good faith negotiations. If the City is unable to acquire properties needed for the project by negotiation, the City will acquire those property rights by condemnation. 4. CONTACT PERSON If you have any questions concerning the Dane Road Trunk Sanitary Sewer Project please contact the following person: Chuck Schmadeke Public Works Director City of Iowa City 410 E. Washington Street Iowa City, IA 52240 (319) 356-5140 5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO PURCHASE PROPERTY RIGHTS. The City Council of the City of Iowa City, iowa has not yet determined to undertake the above- described project or to acquire property rights for the project. This Notice does not constitute an offer to purchase property rights. 6. STATEMENT OF RIGHTS. Just as the law grants certain entities the right to acquire private property, you as the owner of property have certain rights. You have the right to: 3 i a. Receive just compensation for the taking of properly. (Iowa Const., Article I, Section 18) b. An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code §§ 613.45, 61354) c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency's determination of just compensation is based not less than 10 days before being contacted by the acquiring agency's acquisition agent. ( Iowa Code §613.45) d. When an appraisal is required, an opportunity to accompany at least one appraiser of the acquiring agency who appraises your property. (Iowa Code §613.54) e. Participate in good faith negotiations with the acquiring agency before the acqu~iring agency begins condemnation proceedings. (Iowa Code §613.3(1)) f. If you cannot agree on a purchase price with the acquiring agency, a determination of just compensation by an impartial compensation commission and the right to appeal its award to district court. (Iowa Code §§ 613.4, 613.7, and 613.18) g. A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry; (Iowa Code § 6B.4A) h. Payment of the agreed upon purchase price, or if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code § § 613.25 and 613.54(11)) i. Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code §§ 613.33 and 613.54(10)) j. Reimbursement of certain litigation expenses: (1) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency's final offer before condemnation; and (2) if the award an appeal in court is more than the compensation commissioner's award. (Iowa Code §613.33). k. At least 90 days written notice to vacate occupied property. (Iowa Code § 613.54(4)) I. Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of payments. (Iowa Code §316.9) The rights set out in this Statement are not claimed to be a full and complete list or explanation of an owner's rights under the law. They are derived from Iowa Code Chapters 6A, 613 and 316, For a more thorough presentation of an owner's rights, you should refer directly to the Iowa Code or contact an attorney of your choice. Marian K. Karr City Clerk Pwe ng/daneroad\ha rold alleg ran oi doc Prepared by: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5436 RESOLUTION NO. 02-156 RESOLUTION APPROVING THE EXTERIOR SIGNAGE AND FACADE TO THE TRANSIT INTERCHANGE FACILITY NORTH OF THE OLD CAPITOL TOWN CENTER AT 27 E. WASHINGTON STREET. WHEREAS, the applicant, Ron Logsden from the City of Iowa City Transit Division has filed an application for the design approval of the exterior signage of the Transit Interchange Facility, hereinafter "Project;" and WHEREAS, given that the project consists of new construction on an urban renewal parcel that is subject to Iowa R-14, Title 14, Chapter 4, Article E, entitled "Design Review," of the City Code requiring the Design Review Committee to review and make a recommendation to the City Council regarding the design of the project; and WHEREAS, the design review application for the project, a copy of which is on file in the Public Works Department, Engineering Division, has been reviewed by the Design Review Committee and after a consensus vote has recommended the design of the project be approved; and WHEREAS, the design of the project with the above stated conditions is found to conform with all of the applicable requirements of the Design Review Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The design of the exterior signage of the Transit Interchange Facility be approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution; and 3. Upon this approval, necessary permits may be issued for the project upon full compliance with all applicable codes and ordinances. Passed and approved this 7 t.h day of ~la,y ,2002. Approved by ClTY"C---LERK City Attorney's Office Resolution No. 02-156 Page 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilburn City of Iowa City E ORANDU Date: April 25, 2002 To: Design Review Committee/City Clerk/Jann Ream, HIS Cc: Ron Logsden (via internal e-mail) Transit Manager for the City of Iowa City Transit Division From: Kumi Morris Staff Chair of Design Review Committee Re: Transit Interchange Facility Signage 27 E. Washington Street Iowa City, IA 52240 Ron Logsden from the City of Iowa City Transit Division has submitted a Design Review application for the signage for the "Transit Interchange Facility." The "Transit Interchange Facility" is to be located North of the Old Capitol Town Center at 27 E. Washington Street. The City of Iowa City ordinance requires that new facades within the Urban Renewal Parcel be subject to the design review process of the Design Review Ordinance. After reviewing the submitted design sign design, the Design Review Committee has determined that the design of the facade is congruent with the character of the building and is appropriately placed according to the ordinance. 8" fabricated letters wis interns neor' illumination" BAILEY SANS BOLD uppercase, condensed 80% horizor'tally, t'ansfonner box justified with line ength t'ansformer box attached t,3 top cf canopy existing cas,spy Bji!d ng Iocaied on Washingtcn 4venJe bet*,,een Capilol and Qint or' S;reets Buiidin~ldentification 1 of 3 ClLent: a¢,a Sty Page 1 of 1 file://C:\TEMP\transit 1 .jpg 5/2/02 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-157 RESOLUTION ACCEPTING WORK FOR THE STORM SEWER AND WATER MAIN PUBLIC IMPROVEMENTS FOR VILLAGE GREEN - PART XVlII, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Storm sewer and water main improvements for Village Green - Part XVIII, as constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and the public improvements hereby formally accepted and declared open for use. Passed and approved this __ __ 7th .day of May_ ,20 02. Approved by CITY'~LERK City'lt~rr~Ys ~ffic~'-' It was moved by Vander'hoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng\reskvilgreenxv}i} doc ENGINEER'S REPORT April 26, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Village Green - Part XVIII Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer and water main improvements for Village Green - Part XVIII have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the storm sewer and water main improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer pwenglltrs/rf-vilgreenxviii doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (319) 356 5000 · FAX (319) 356-5009 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 02-158 RESOLUTION ACCEPTING WORK FOR THE SANITARY SEWER, STORM SEWEE, TILE LINE, WATER MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 18 AND 40..44 OF SOUTH POINT£ ADDITION, PART 2 AND LOTS 45 AND 62 OF SOUTH POINTE ADDITION, PART 3 AND SOUTH POINTE ADDITION, PART ?, AND DECLARING THE PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer, storm sewer, tile line, and water main improvements for Lots 18 and 40-44 of South Pointe Addition, Part 2 and Lots 45 and 62 of South Pointe Addition, Part 3 and South Pointe Addition, Part 7, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. Paving improvements for Lots 18 and 40~44 of South Pointe Addition, Part 2 and Lots 45 and 62 of South Pointe Addition, Part 3 and South PoJnte Addition, Part 7, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. WHEREAS, maintenance bonds have been filed in the City Clerk's office; and WHEREAS, traffic control signs have been installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all dedications and public improvements previously set aside as not being open for public access are hereby formally accepted and declared open for public access and use. Passed and approved this ;~th day of Ma.y ,200? . Approved by CITY'CLERK Cit~ Ati(~rney's Offi~:e Resolution No. 02-158 Page 2 It was moved by Vanderhoef and seconded by Champ'ion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum CRI/of ENGINEER'S REPORT April 29, 2002 Honorable Mayor and City Council Iowa City, Iowa Re: Lots 18 and 40-44 of South Pointe Addition, Part 2 and Lots 45 and 62 of South Pointe Addition, Part 3 and South Pointe Addition, Part 7 Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, tile line, water main and paving improvements for for Lots 18 and 40-44 of South Pointe Addition, Part 2 and Lots 45 and 62 of South Pointe Addition, Part 3 and South Pointe Addition, Pad 7 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's Office for the sanitary sewer, storm sewer, tile line, and water main improvements constructed by Maixwell Construction, Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, City Engineer pweng/It rs/r[-sthpointe.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · (319) 356-5000 · FAX {319) 356 5009 Prepared by Andy Matthews, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 02-159 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, HAWKEYE-BAY STATES L.R.C., AND IOWA CITY COFFEE CO. d/b/a JAVA HOUSE FOR A SIDEWALK CAFe; WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Iowa City Coffee Co. dgo/a Java House, applied for temporary use of the public right-of-way at 211 ~/~ E. Washington St, Io~va City, Iowa for a sidewalk caf6 and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk caf6 and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the City Clerk, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 7 [Iq day of May, 2002. ATTEST: ~]~l ~,/ ~.~t./~ Approved by: CITY CLERK City Attorney's Office Java I lousc SidewaLk CaI~ Res Resolution No. 02-159 Page 2 It was moved by Vanderhoef and seconded by Champion the ResolutiOn be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner × Lehman X O'Donnell X Pfab X . Vanderhoef X Wilburn Prepared by; Stephen Long, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356~5250 RESOLUTION NO. 02-160 CONSIDER A RESOUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A RELEASE, DISCLAIMER AND REAFFIRMATION REGARDING PROPERTY OWNED BY IHA SENIOR HOUSING LIMITED PARTNERSHIP LOCATED AT 1259 SHANNON DRIVE, IOWA CITY, IOWA. WHEREAS, Iowa City IHA Senior Housing Limited Partnership previously received a loan from the City of Iowa City for the use of HOME investment partnership funds in the amount of $275,000 for the acquisition of land and construction expenses for affordable senior housing in Iowa City; and WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $275,000, executed by the owner of said the property on November 24, 1999, and recorded on December 27, 2000, in Book 3026, Page 470 in the Johnson County Recorder's Office covering the following described real estate: That portion of Lot 53, Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 38, Page 13, Plat Records of Johnson County, Iowa, that is described as Auditor's Parcel 98066 on Plat Survey recorded in Book 39, Page 20, Plat Records of Johnson County, Iowa; and WHEREAS, Iowa City IHA Senior Housing Limited Partnership is clearing up title issues to more accurately identify the property secured by the mortgage related to the title of said property; and WHEREAS, Iowa City IHA Senior Housing Limited Partnership has requested that the Ci!y of Iowa City release the present mortgage and reaffirm said mortgage in order to more accurately identify the property secured by the mortgage; and WHEREAS, the revised legal description held by the Mortgage should be: Lot 1, Resubdivision of Lot 53, Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 40, page 230, plat records of Johnson County, Iowa; and WHEREAS, Iowa City IHA Senior Housing Limited Partnership has requested that the City execute the attached Release, Disclaimer and Reaffirmation; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien. Resolution No. 02-160 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the City Manager is authorized to execute and the City Clerk to attest the Release, Disclaimer and Reaffirmation attached hereto. Passed and approved this 7th day of~~ MAYOR Approved by CI-I'~LERK Ci{y Att(~rr~ey's O~c~ It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X . O'Donnell X Pfab X Vanderhoef × Wilburn Prepared by: R. Bruce Haupert, P.O. Box 2447, Iowa City, Iowa 52244-24i47; phone: 338-7551 RELEASE, DISCLAIMER AND REAFFIRMATION Comes now the City of Iowa City and for this release and disclaimer states the following: 1. The City of Iowa City (hereinafter referred to as "CITY") entered into an agreement with Iowa City IHA Senior Housing Limited Partnership (hereinafter "RECIPIENT") for the use of HOME investment partnership funds. Said agreement was dated November 24, 1999, and recorded December 27, 2000, in Book 3026 at page 470, records of the Johnson County Recorder's Office. 2. Said agreement was executed by the parties for the purpose of assisting in the acquisition of real estate described in Exhibit "A" of said agreement. Exhibit "A" describes the property which is the subject of said agreement as follows: Lot 1, Resubdivision of Lot 53, Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 40, page 230, plat records of Johnson County, Iowa. 3. The agreement also references the security for the 10an of said HOME funds in the form of a mortgage which is attached as Exhibit "C" to said agreement. However, the legal description set forth in Exhibit "C" (the mortgage) is the following: That portion of Lot 53, Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 38, page plat records of Johnson County, Iowa, that is described as Auditor's Parcel 98066 on plat survey recorded in Book 39, page 20, plat records of Johnson County, Iowa. Said Auditor's Parcel 98066 includes substantially more real estate than was intended originally. The real estate originally intended to be covered by said mortgage is limited to Lot 1, Resubdivision of Lot 53, Walden Hills, as described above. Thus, the mortgage lien is over-inclusive and has created title problems. 4. As a consequence of the foregoing, the City of Iowa City hereby releases the mortgage attached as Exhibit "C" to said agreement as to all real estate except Lot 1, Resubdivision of Lot 53, Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 40, page 230, plat records of Johnson County, Iowa. Furthermore, the City of Iowa City disclaims any and ~11 interest it has under the terms of the above described agreement relating to any real estate excepting Lot 1, Resubdivision of ~ot 53, Walden Hills, Iowa City, Iowa, according to the plat thereof recorded in Book 40, page 230, plat records of Johnson County, Iowa. CITY OF IOWA CITY, IOWA By: St~' City Manager ATTEST: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS COUNTY OF JOUNSON ) On this 7 day of ~] , 2002, before me, the undersigned, a Notary Public mn and for the State of Iowa, personally appeared Stephen J. Atkins and Marian K. Karr, to me personally known who being by me duly sworn, did say that they are the City Manager and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal corporation, and that the said Stephen J. Atkins and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. ~am%l¢ommis~onNumb~l~gl) Notary Public in and for F ~ '1 My Commlssi~ E~im$ I ['1~1 B-7-O~ I the State of Iowa /dml/jo 2 Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 02-161 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TOI ATTEST TO THE RELEASE OF LIEN REGARDING A REHABILITATION AGREEMENT, I A PROMISSORY NOTE AND THREE MORTGAGES FOR THE PROPERTY LOCATED AT 1109 DEFOREST STREET, IOWA CITY, IOWA. WHEREAS, on October 5, 1993, the owner of 1109 DeForest Street executed a Rehabilitation Agreement, a Promissory Note and a conditional occupancy Mortgage in the amount of $1,950; a~d WHEREAS, on February 11, 1999 the owner executed another conditional occupancy Mortgage for the amount of $615 and a declining balance Mortgage for the amount of $923; and WHEREAS, the loans were paid off on April 15, 2002; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,,IOWA, THAT: the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1109 DeForest Street, Iowa City, Iowa from the Rehabilitation Agreement, a Promissory Note, and a Mortgage recorded on October 22, 1993, Book 1639, Page 196 through Page 202, and Page 206 through Page 210; and from the two Mortgages recorded on March 26, 1999, Book 2701, Page 201 through Page 212 of the Johnson County Recorder's Office. Passed and approved this 7th day of Ma.y _ ,20 02 Approved by __ CITY':CLERK C~y Attorney~ Office - ' It was moved by Vanderhoef and seconded by Champi on the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdrehab/reS/1109deforest-tel doc Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1109 DeForest Street, Iowa City, Iowa, and legally described as follows: Lot 3 in Carl Miller Subdivision of Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record from an obligation of the owner, Donald Tang, to the City of Iowa City in the total amour'it of $3,488 represented by a Rehabilitation Agreement, a Promissory Note, and a Modgage recorded on October 22, 1993, Book 1639, Page 196 through Page 202 and Page 206 throLIgh Page 210; and from two the Mortgages recorded on March 26, 1999, Book 2701, Page 201 through Page 212 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR Approved by ATTEST: '~]/2/,./..¢.~,~2 'A~ ~.~../~ ~"..~ ..,~,~ ~/~/~- CITY'CLERK Ci'~ Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 7 day of /v~ ~,y , A.D. 20 ~ ~- , before me, the undersigned, a Notary Public in and for said Codnty, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. O_~-/LI , adopted by the City Council on the 7 day a~n' 20 o ~ and that the said Ernest W. Lehman and Marian K. Karr as such offiCers owledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdreh~b/1109deforest-rel doc Notary Public in and for Johnson County, Iowa SON .A ORT laY~, ~lComrnlssion Number 159~1l [~'1 M~ Commi~l~ ~res / L' I 3 -7-~ / Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-162 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HARTIG DRUG COMPANY WHEREAS, on December 25,2001, Melissa Lynn Hagan was convicted/pled guilty in Johnson County District Court, Case No. STIC118603 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Peters was an employee of the establishment operating under the retail cigarette permit issued to EIartig Drug Company, 701 Mormon Trek Blvd, Iowa City, Iowa 52246; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 17, 2002, Hartig Drug Company waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(l), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hartig Drug Company. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: ~4ay 7 City ~lerk, City of Iowa City Resolution No. 02-162 Page, 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339,6100 RESOLUTION NO. 02-163 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WA1VER OF RIGHT TO HEARING FROM PETRO & PROVISIONS WHEREAS, on January 8, 2002, Jason Scott Belcher was convicted/pled guilty in Johnson County District Court, Case No. STIC118608 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Belcher was an employee of the establishment operating under the retail cigarette permit issued to Petro & Provisions, 2 Escort Lane, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 18, 2002, Petro & Provisions waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf ofPetro & Provisions. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Iqay 7, 2002 City Clerk, City of Iowa City Resolution No. 02-163 Page ¢) It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X . Lehman × O'Donnell X Pfab X . Vanderhoef X Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-164 RESOLUTION ACCEPTING PAYMENT OF $300.00 CiVIL PENALTY AND WAIVER OF RIGHT TO HEARiNG FROM RUSS' AMOCO SERVICE WHEREAS, on December 7, 2001, Benjamin John Rudick was convicted/pled guilty in Johnson County District Court, Case No. STIC118607 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Rudick was an employee of the establishment operating under the retail cigarette permit issued tO Russ' Amoco Service, 305 N. Gilbert Street, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(I), after a hearing and proper notice; and WHEREAS, on April 19, 2002, Russ' Amoco Service waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Russ' Amoco Service. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: Nay 7, 2002 Mayor, City of Iowa City City C'terk, City of Iowa City Resolution No. 02-164 Page 2 It was moved by Vanderhoef and seconded by (;hampion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell × Pfab X Vanderhoef X Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-165 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAIVER OF RIGHT TO HEARING FROM HY-VEE FOOD STORE #1 WHEREAS, on December 5, 2001, Chelsey Mae Nelson was convicted/pled guilty in Johnson County District Court, Case No. STIC118605 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Nelson was an employee of the establishment operating under the retail cigarette permit issued to Hy-Vee Food Store #1, 1720 Waterfront Dr., Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 22, 2002, Hy-Vee Food Store #1 waived its fight to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of Hy-Vee Food Store #1. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED:_~a,/ 7, 2002 ~ity'~Clerk, Cits~of Iowa City Resolution No. 02-165 Page 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X . Kanner × Lehman X O'Donnell X Pfab X Vanderhoef X . Wilburn Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, IA 52244, 319.339.6100 RESOLUTION NO. 02-166 RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND WAiVER OF RIGHT TO HEARING FROM AAJAXXX LIQUOR STORE, INC. WHEREAS, on March 6, 2002, Alyte Maria Reshetova was convicted/pled guilty in Johnson County District Court, Case No. STIC126942 of violating Iowa Code § 453A.2(1); and WHEREAS, at the time of the violation underlying the above conviction/plea, Reshetova was an employee of the establishment operating under the retail cigarette permit issued to AAJAXXX Liquor Store, Inc., 107 S. Linn Street, Iowa City, Iowa 52240; and WHEREAS, pursuant to Iowa Code § 453A.22(2), an establishment which holds a retail cigarette permit is subject to a civil penalty of $300.00 as a result of its employee being convicted of or pleading guilty to a violation of Iowa Code § 453A.2(1), after a hearing and proper notice; and WHEREAS, on April 29, 2002, AAJAXXX Liquor Store waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying a $300.00 civil penalty to the City Clerk of the City of Iowa City; and WHEREAS, the violation underlying the above civil penalty is the first such violation. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY OF IOWA CITY CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty on behalf of AAJAXXX Liquor Store. BE 1T FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then provide a copy of the same to the retail cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: ~lay 7, 2002 Mayor, City of iowa City ATTEST: ~)~,~z~c~_/ /~ /~4/~ City Clerk, City of Iowa City Resolution No. 02-166 Page, 2 It was moved by Vanderhoef and seconded by Champion the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ~- O'Donnell X P fab X Vanderhoef X Wilburn Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 (SUB01-00031) RESOLUTION NO. 02-167 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HICKORY HEIGHTS, IOWA CITY, IOWA, WHEREAS, the applicant, Hickory Heights L.L.C. on behalf of the owner, Press-Citizen Co., Inc., filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Hickory Heights; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat of Hickory Heights, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this 7th day of It was moved by Champ'ion and seconded by 0'Donne]'l the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdadmin\res\hickhgts.doc Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB01-00002) RESOLUTION NO. 02-168 RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION, PART ONE, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, filed with the City Clerk the final plat of Lindemann Subdivision, Pad One, Iowa City, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Southwest Quarter of Section 7 Township 79 North, Range 5 west, of the Fifth Principal Meridian; Thence N00°05'18"W, along the East Line of said Southwest Quarter, 261.42 feet, to its intersection with the Nodherly Right-of-Way Line of Coud Street; Thence S80°04'52"W, along said Northerly Right-of-Way Line, 14.62 feet; Thence Southwesterly, 203.49 feet, along said Right-of-Way Line, on a 1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot chord bears S74°28'33"W; Thence S68°52'14"W, along said Right-of-Way Line, 77.30 feet, to the Point of Beginning; Thence continuing S68°52'14'~N, along said Right-of-Way Line, 37.58 feet; Thence Southwesterly, 372.64 feet, along said Right-of-Way Line on a 960.00 foot radius curve, concave Northwesterly, whose 370.30 foot chord bears S79°59'27"W; Thence N88°53'21"W, along said Right-of-Way Line, 771.32 feet; Thence Southwesterly, 79.77 feet, along said Right-of-Way Line on a 1440.00 foot radius curve, concave Southeasterly, whose 79.76 foot chord bears S89°31'26"VV; Thence S87°56'13'W, along said Right-of~Way Line, 103.03 feet; Thence Southwesterly, 75.34 feet, along said Right-of-Way Line on a 1360.00 foot radius curve, concave Northwesterly, whose 75.33 foot chord bears S89°31'26"W; Thence N88°53'21"W, along said Right- of-Way Line, 9.02 feet, to its intersection with the East Line of Scott Boulevard East - Part Two, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 225, of the Records of the Johnson County Recorder's Office; Thence N00°39'55'~N, along said East Line, 744.63 feet; Thence N89020'05"E, 234.60 feet; Thence N66°lS'36"E, 43.30 feet; Thence S29°34'39"E, 72.70 feet; Thence N72033'48"E, 165.67 feet; Thence Southeasterly, 80.51 feet, along a 275.00 foot radius curve, concave Southwesterly, whose 80.23 foot chord bears S09°02'58"E; Thence S00°39'43"E, 10.89 feet; Thence N89°20'17"E, 125.00 feet; Thence N82°22'45"E, 124.37 feet; Thence Sl1°24'58"E, 378.77 feet; Thence S44033'41"E, 234.27 feet; Thence N89054'42"E, 389.84 feet; Thence N85°02'20"E, 90.94 feet; Thence Southeasterly, 58.72 feet, along a 360.62 foot radius curve, concave Northeasterly, whose 58.66 foot chord bears S09°37'34"E; Thence Southwesterly, 29.03 feet, along a 20.00 foot radius curve, concave Northwesterly, whose 26.55 foot chord bears S27°17'23"W, to the Point of Beginning. Said Tract of land contains 15.05 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Depadment examined the proposed final plat and subdivision, and recommended approval; and Resolution No. 02-168 Page 2 WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements, and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. 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 resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 7th day of _~/~.,) ~02~_~~ MAYOR CIT'¢ CLERK Cii~ ~tto~"n~y'.~ Oft'~ It was moved by Vanderhoef and seconded by 0'Donne'l] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ppdad min~res\lindemac~n 1-fplat doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (SUB02-00002) RESOLUTION NO. 02-169 RESOLUTION APPROVING FINAL PLAT OF LINDEMANN SUBDIVISION, PART 'TWO, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development, filed with the City Clerk the final plat of Lindemann Subdivision, Part Two, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the Southeast Corner of the Southwest Quarter of Section 7 Township 79 North, Range 5 west, of the Fifth Prin-.'ipal Meridian; Thence N00°05'18"W, along the East Line of said Southwest Quarter, 261.42 feet, to its intersection with the Nodherly Right-of-Way Line of Court Street, and the Point of Beginning; Thence S80°04'52" W, along said Northerly Right- of-Way Line, 14.62 feet; Thence Southwesterly, 203.49 feet, along said Right-of-Way Line, on a 1040.00 foot radius curve, concave Southeasterly, whose 203.16 foot chord bears S74°28'33"W; Thence S68'52 14 W, along said Right-of-Way Line, 77.30 feet; Thence Northeasterly, 29.03 feet, along a 20.00 foot radius curve, concave Nodhwesterly, whose 26.55 foot chord bears N27°17'23"E; Thence Northwesterly, 58.72 feet, along a 360.62 foot radius curve, concave Northeasterly, whose 58.66 foot chord bears N09'37'34"W; Thence S85°02'20"W, 90.94 feet; Thence S89°54'42"W, 389.84 feet; Thence N44°33'41"W, 234.27 feet; Thence N11°24'58"W, 378.77 feet; Thence S82°22'45"W, 124.37 feet, to the Northeast Corner of Lindemann Subdivision, Part One, in accordance with the Recorded Plat thereof; Thence S89°20'17"W, along the Nodh Line of said Lindemann Subdivision, Part One, a distance of 125.00 feet; Thence N00°39'43"W, along said North Line, 10.89 feet; Thence Northwesterly, 80.51 feet, along said North Line on a 275.00 foot radius curve, concave Southwesterly, whose 80.23 foot chord bears N09'~02'58"W; Thence S72"33'48"W, along said North Line, 165.67 feet; Thence N29"34'39"W, along said North Line, 72.70 feet; Thence S66"18'36"W, along said North Line, 43.30 feet; Thence S89"20'05"W, along said North Line, 234.60 feet, to a Point on the East Line of Scott Boulevard East, Part Two, in accordance with the Plat thereof Recorded in Plat Book 33, at Page 225, of the Records of the Johnson County Recorders Office; Thence N00'~39'55"W, along said East Line, and the East Line of Auditors Parcel 95-004, in accordance with the Plat thereof Recorded in Plat Book 35, at Page 17, of the Records of the Johnson County Recorders Office, 120.00 feet; Thence N89°20'05"E, 951.64 feet; Thence S00°05'18"E, 94.91 feet; Thence N89°54'42"E, 777.57 feet, to a Point on the East Line of said Southwest Quarter, and the West Line of Windsor Ridge, Part Fifteen, in accordance with the Plat thereof Recorded in Plat Book 41, at Page 212, of the Records of the Johnson County Recorders Office; Thence S00°05'18"E, along said East and West Lines, 859.37 feet, to the Point of Beginning. Said Tract of land contains 16.97 acres, more or less, and is subject to easements and restrictions of record WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and Resolution No. 02-169 Page 2 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. 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 resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this 7t.h day of f4av __ ,20 g2 · Approved by CIT"~CLERK (~ity',~t~ne(/s Office It was moved by Champ'ion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn CiTY BUDGET A~ENDFIENT AND CERTIFICATION RESOLUTION RESOLUTION NO. {)2-170 A RESOLUTION AhlENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING ]UNE 30, 2002 (AS AhIENOED LAST ON 10/23/01 ) Total Budget as CerziBed or Last Current Total Budget after REVENUES ~z OTHER FINANCING SOURCES Taxes Levied on Property I 27,920,350 27,920,350 Less: Uncollected Prope~T¢ Taxe~-Levy Year Passed this 7th Resolution No. 02-170 Page 2 It was moved by 0'Donnel 1 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~ Vanderhoef X Wilburn Prepared by: Janet Lower, Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 02-171 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTHSIDE MARKETPLACE STREETSCAPE PROJECT, PHASE I, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 4th day of June, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 11th day of June, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 7th day of . .__ MAYOR Approved by ATTEST: 7'2~'~"¢ "':~'CIT'~ CLERK ''~ Pweng\res/n sidemkt plapps&s doc 4/02 Resolution No. 02-171 Page 2 It was moved by Pf~b and seconded by Kanner the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman ](' . O'Donnell × Pfab X Vanderhoef X Wilburn Prepared by: Ron Knoche, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-172 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SYCAMORE REGIONAL GREENSPACE LANDSCAPE AND TRAIL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 4th day of June, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 11th day of June, 2002, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 7th day of Fla,v ,20 02 Approved by CIT'C'CLERK CitC"A~to~n eyrs O~ce pweng\res\sosy~appp&s doc 4/02 Resolution No. 02-172 Page 2 It was moved by 0' Donne11 and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab ~ Vanderhoef X Wilburn PUBLIC COMMENT PERIOD FY03 Annual Action Plan The City of Iowa City is soliciting public comments on the proposed Fiscal Year 2003 (FY03) Annual Action Plan. The Annual Action Plan is a portion of Iowa City's 2001-2006 Consolidated Plan (a.k.a. CITY STEPS) This FY03 Annual Action Plan will include information on the proposed use of Community Development Block Grant (CDBG) and HOME Investment Parmership (HOME) funds for housing, jobs and services for low-moderate income persons. The FY03 Annual Action Plan will outline proposed activities, project locations, budgets and the scope of services being funded. Copies of the FY03 Annual Action Plan are available from the Department of Planning and Community Development, Civic Center, 410 E. Washington Street, Iowa City. Comments may be submitted to the Department of Planning and Community Development at the address above or by email to Steven-Nasby~iowa-city.org. A 30-day public comment period will begin with the publication of this notice and end on May 6, 2002. City of Iowa City MEMORANDUM DATE: April 28, 2002 TO: City Council and City Manager FROI~I: Steven Nasby, Community Development Coordinator RE: Approval of the FYO3 Annual Action Plan A public hearing on the FY03 Annual Action Plan was held on April 16. At that meeting, the Council received public input regarding this plan. In addition, the Housing and Community Development Commission (HCDC) has recommended approval of the FY03 Annual Action Plan. At the May 7 City Council meeting we are requesting that the Council approve the FY03 Annual Action Plan. The deadline for submission of this plan to the U.S. Department of Housing and Urban Development (HUD) is May 15. If needed, amendments or changes to this plan may be considered at your May 7th meeting. Should changes to the FY03 Annual Action Plan occur you could approve the plan as amended this same meeting. A "draft" copy of the FY03 Annual Action Plan was included in the April 16 packet. No significant changes have been made to this document. There were several minor typographical errors that were corrected in Section V. If you have any questions about the FY03 Annual Action Plan or the proposed projects please call me at 356-5248 or via e- mail at Steven-Nasby@iowa-city.org. Cc: Karin Franklin, Director of Planning and Community Development Housing and Community Development Commission 33I nailhgiIbedsfreetIowa City City Council C.i'! ". ~_[ ,, ', Civic Center. ~ .... ,, , -, iowa 522443146Iowa City, IA 52240 April 30, 2002 ' Dear Members of the Co~cil: I am writing to you at ¢his time to request that the funding recommendations as made by the Housing and Community Development Commission b~ , upheld. Most specifically, I m writing in reference to the application requesting funding for a feasibility Study per the development ~d on-going operations of a new shelter. The need for ~d utility of such a study was questioned by the Co~cil during the April Ci~ Council, Meeting. CITY STEPS does recognize that ~e EHP facili~, "...is showing the s~ains of ye~s of double-capaci~ use...There is a need to consider exp~sion or addition of facilities to meet this incre~ed dem~d. Additionally, there isa need to exp~d to meet the needs of fmilie~." ~ 35). F~he~ore, CITY STEPS priofitizes the need for f~ily ~d individual shelter as a high prbri~. ~e shelter c~ently operates out of a single-fmily home dating back to the e~ly- t~entieth-centuw. It provides shelter to men, women, ~d children ~der one roof. There ~e serious health, safe~, ~ welf~e concerns presented daily due to ~e c~onically over-crowded conditions ~d the diverse needs of the population we se~e. The majori~ of the shelter clients have special needs relating to mental illness, subs~ce abuse recovew, ~or medical disabili~. Of additional 'concern, is the fact ~at EHP continues to se~e a greater n~ber of fmilies. A new facili~ is needed, one that meets the health, safe~ and welfare demands of this at-risk and Challenging population. EHP c~ot proceed unilaterally with plus for a new facility simply because we have demonstrated need and do good work-. The controversial nature of o~ Work, anti6ipated scope of such ~ underling ~d absolute need for communit7 involvement, suppo~, and ownership require us to proceed with a request for funding suppoa of a complete fe~ibility study. EHP has submiEed this application to the HCDC for CDBG funding as there are no alternative funding sources for such a project. EHP has no administrative suppo~ staff---leaving the executive director as ~e only adm~nistrhtive agent of p o bo× 3~4,~ the organization. With this limited capacity an undertakinl~ of this magnitude 331 no,th 9 b~r, s,,~t would be impossible. .... ~ 522443146 EHP staff and board of directors are phrticularly concerned regarding the issue tel. 319/35143326 of capacity as related to number of shelter beds. The population of Johnson ~o~. 2~/~5~ 2~3z County has increased significantly since 1983, the year in which EHP was founded., The capacity of the shelter has actually decreased since that time · ehp~oo~com due to fire code restrictions going from 40 persons per night to 30 persons per Founded Dr~ctedand Supportod night (as of February 1995). EHP does not operate in a vacuum and does by~L°¢° Rellg'°usC..... t'e$ realize that any discussion involving capacity building location and program development will have spin-off effects. 'We do not want to go forward with a ~ plan that is untenable by the larger_ community or one that somehow creates unreasonable pre,ssures on other organizatiqns. Due to the complexity and controversial nature of our work, the potential impact on other organiza!rions and the lack of realization of the pressures borne by Emergency Housing due to capacity buildihg in other organizations over the last 20 years a dialogue involving the broader community is in great need. ' A feasibility study would assist in addressing issues of capacity, location, acquigition, design and construction ora n'ew facility. It is our hope that this same study would also motivate discussions relevant to new program development. Through involving the community in the development stage, the final product, the new facility, will be one that ~is sensitive to the needs as identified by this community--one that responds to homelessness as manifest in the community---one that is ultimately supported by the community. I thank you for your serious consideration of this request. IfI can be of any assistance with regard to any questions you may have per this application or the work of Emergency Housing Project, please do not hesitate to contacf me at my office phone (338-5416~ or by e-mail (ehpcmc~a)aol.com}. Sincerely, Christina M. C~g~elli ' Page 1 of 1 Marian Kart From: Sandy Pickup [spickup3@mchsi.com] Sent: Monday, May 06, 2002 3:20 PM To: cou ncil@iowa-city.org Subject: CDBG Dear Members of the Council, The Free Medical Clinic Board and staff are very appreciative of the support you have given to us over the years. We are glad to have received an increase in funding for FY 03 and are especially grateful for the oppodunity to receive CDBG funding for Case Management for our patients with chronic illness. As you may know we are beginning our 31st year at FMC and welcome you to come for a visit anytime. Sandy Sandy Pickup Co-Director Iowa City Free Medical Clinic 5/6/02 IF' ~ ~ 05-07-02 Prepared by: Steve Nasby, Planning, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 RESOLUTION NO. 02-173 RESOLUTION ADOPTING IOWA CITY'S FY03 ANNUAL ACTION PLAN, THAT IS PART OF IOWA CITY'S 2001-2006 CONSOLIDATED PLAN (CITY STEPS) AS AMENDED, AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FY03 as part of the City's 2001-2006 Consolidated Plan (CITY STEPS), as amended, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for City of Iowa City fiscal year 2003; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY03 Annual Action Plan; and WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Annual Action Plan for FY03 will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action Plan for FY03 and submission to the U.S. Depadment of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City Annual Action Plan for FY03, filed in the office of the City Clerk, be and the same is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual Action Plan for FY03 to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City 2001-2006 Consolidated Plan, as amended, including the Annual Action Plan for FY03. Resolution No. 02-173 Page 2 Passed and approved this 7th day of Hay ,20 02 Approved by CITY'OLERK City Attorney's Office It was moved by Vanderhoef and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Exhibit A PRO.1ECTS RECOMMENDED FOR FY03 CDBG AND HOME FUNDING As Amended by Request City Council (5-07-02) ECONOMIC DEVELOPMENT PRO3ECTS (Set-aside $259~S00) Economic Development Fund - City of Iowa City $159.500 $147.900 Subtotal $159,500 $1 ,tZ, 900 PUBLIC FACILTr[ES PRO3ECTS (Est. Set-aside $340,000) Facility Rehabilitation - Neighborhood Centers of .lohnson Co. $ 34,490 $ 34,490 Facility Acquisition - United Action for Youth $320,000 $225,000 Food Bank Warehouse - Crisis Center $131,550 $112,510 Facility Rehabilitation -Wesley Foundation $ 39,000 $ 39,000 Subtotal $525, 040 $411,000 PUBI-tC SERVICE PRO3ECTS (FY03 Statutory Cap $14S,500) Furniture Project- Domestic Violence Intervention Program $ 13,500 $ 4,500 Case Management - Iowa City Free Medical Clinic $ 38,413 $ 18,000 Shelter Coordinator- Emergency Housing Project $ 30,000 $ 18,000 Aid to Agencies $105,000 $105,000 Subtotal $186,913 $145,500 HOUSI'NG PRO3ECTS (Est. Set-aside $886,000) Affordable Homeownership - Greater Iowa City Housing Fellowship $102,000 $102,000 Affordable Rental Units -Garden Prairie $500,000 $301,200 Transitional Housing - Hawkeye Area Community Action Program $144,000 $144,000 Small Repair Program: Elderly Services Agency $ 50,000 $ 40,000 Property Acquisition - Hawkeye Area Community Action Program $ 34,400 $ 34,400 Deposit Assistance Program - Emergency Housing Project $ 5,000 $ 5,000 Housing Rehabilitation: City of Iowa City $200,000 $200,000 Subtotal $1,035, 400 $ 826,600 ADMINISTRATION AND PLANNING HOME Program Administration $ 71,400 $ 71,400 CDBG Program Administration and Planning $170,600 $170,600 Feasibility Study - Emergency Housing Project $ 27,500 $ 0 Subtotal $26g, 500 $242,000 TOTAL $2,176,353 $1,773,000 SOURCES OF FUNDS FY03 CDBG Entitlement $950,000 FY03 CDBG Estimated Program Income $ 20,000 Unexpended CDBG Funds (from contingency and projects) $ 50,000 TOTAL CDBG $1,020,000 FY03 HOME Allocation $714,000 FY03 HONE Estimated Program Income $ 29,000 Unbudgeted FY02 HONE Program Income $ 10,000 TOTAL HOME $ 753,000 FY03 TOTAL $1,773,000 May 7 ,2002 The City Council of Iowa City, Iowa, met in regul ar session, in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 o'clock P.M., on the above date. There were present Mayor Lehman , in the chair, and the following named Council Members: Champion. Kanner. Lehman. O'Bnnnell: Pfmh, Vanderhoef, Wilburn Absent: None -I- Council Member moved that the form of Tax Exemption Certificate be placed on file and approved. Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Council Member moved that the form of Continuing Disclosure Certificate be placed on file and approved. Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Council Member Champion introduced the following Resolution entitled "RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $29,100,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be adopted. Council Member 0' Donnel 1 seconded the motion to adopt, and the roll being called thereon, the vote was as follows: AYES: Kanner. Lehman. 0'Donnell, Pfab: Vanderhoef, Wilburn, Chompi9~ NAYS: None -2- Whereupon, the Mayor declared said Resolution duly adopted as follows: Resolution No. 02-174 RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $29,100,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS WHEREAS, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the Issuer is in need of funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; the equipping of the fire, police and street departments; essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds in the amount of $8,480,000 be issued for said purpose; and WHEREAS, pursuant to notice published as required by Section 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of said Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds; and WHEREAS, the Issuer is in need of funds to pay costs of acquisition of real estate, constructing an addition to and improving and equipping the city public library, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $18,400,000 be issued for said purpose; and WHEREAS, this Council, pursuant to Section 384.26 of said Code, did legally call a City election, fixing the time and place thereof, and did legally submit to the qualified electors of the City the proposition of issuing General Obligation Bonds of the City in an amount not exceeding $18,400,000, for the aforesaid purpose, and caused to be given legal, sufficient and timely notice of said election and the time, place and purpose thereof; and WHEREAS, the City election was duly and legally held and conducted on November 7, 2000, pursuant to said call and to a legal notice duly given by publication in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City, said publication in said newspaper appearing on a date not less than 4 clear days nor more than 20 days prior to the date of said election, all in strict compliance with the law and the orders of said Council and the County Commissioner of Elections; the affirmative vote on said proposition being equal to more than 60% of the total vote cast for and against said proposition at said election; said proposition having been declared and at all times certified to have been duly adopted, no contest thereof having been made; and WHEREAS, the Issuer is in need of funds to pay costs of the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $610,000 be issued for said purpose; and WHEREAS, the Issuer is in need of funds to pay costs of boiler improvements to a Recreation Center and Soccer Field improvements, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $680,000 be issued for said purpose; and WHEREAS, the Issuer is in need of funds to pay costs of equipping of city buildings and offices, recreation centers and Senior Center, general corporate purposes, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $230,000 be issued for said purpose; and WHEREAS, the Issuer is in need of funds to pay costs of the acquisition and construction of a transit intermodal facility, a general corporate purpose, and it is deemed necessary and advisable that its General Obligation Bonds in the amount of $700,000 be issued for said purpose; and WHEREAS, the City has a population of more than 5,000 but not more than 75,000; and WHEREAS, pursuant to notice published as required by Section 384.26 of said Code, the Council of the City has held public meetings and hearings upon the proposal to institute proceedings for the issuance of bonds for general corporate purposes in the amounts as above set forth, and, no petition for referendum having been received, the Council is therefore now authorized to proceed with the issuance thereof; and WHEREAS, pursuant to Section 384.28 of the City Code of Iowa, it is hereby fbund and determined that the various general obligation bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of Corporate Purpose Bonds as hereinafter set fbrth; and -4- WHEREAS, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned bonds were heretofore sold at public sale and action should now be taken to issue said bonds conforming to the terms and conditions of the best bid received at the advertised public sale: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise: "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. "Beneficial Owner" shall mean the person in whose name such Bond is recorded as the beneficial owner of a Bond by a Participant on the records of such Participant or such person's subrogee. "Bonds" shall mean $29,100,000 General Obligation Bonds, authorized to be issued by this Resolution. "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, registered in the Registration Books maintained by the Registrar in the name of DTC or its nominee. "DTC" shall mean The Depository Trust Company, New York, New York, a limited purpose trust company, or any successor book-entry securities depository appointed for the Bonds. "Issuer" and "City" shall mean the City of Iowa City, Iowa. "Participants" shall mean those broker-dealers, banks and other financial institutions for which DTC holds Bonds as securities depository. "Paying Agent" shall mean the City Controller, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Bonds. "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. "Registrar" shall mean the City Controller of Iowa City, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. "Representation Letter" shall mean the Blanket Issuer Letter of Representations executed and delivered by the Issuer to DTC on file at DTC.. "Resolution" shall mean this resolution authorizing the Bonds. "Tax Exemption Certificate" shall mean the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Bonds. "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Bonds issued hereunder. Section 2. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy_ of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Bonds hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in Iowa City, Iowa, to-wit: -6- FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION: $2,871,085 2002/2003 * $2,843,955 2003/2004 $2,826,205 2004/2005 $2,822,055 2005/2006 $2,810,980 2006/2007 $2,809,180 2007/2008 $2,809,580 2008/2009 $2,811,980 2009/2010 $2,809,160 2010/2011 $2,815,960 2011/2012 $1,496,575 2012/2013 $1,495,500 2013/2014 $1,489,750 2014/2015 $1,486,750 2015/2016 $1,486,250 2016/2017 $1,483,000 2017/2018 $1,482,000 2018/2019 $1,483,000 2019/2020 $1,485,750 2020/2021 * If not collected from previously budgeted funds to be added to succeeding year. (NOTE: For example the levy to be made and certified against the taxable valuations of January I, 2001, will be collected during the fiscal year commencing July 1, 2002). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution should be filed with the County Auditor of Johnson County, Iowa, and said Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of said tax, and for no other purpose whatsoever. -7- (c) Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 3. Bond Fund. Said tax shall be collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND 2002 NO. 1 "(the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from railway, express, telephone and telegraph companies and other taxes assessed by the Iowa State Department of Revenue. Section 4. Application of Bond Proceeds. Proceeds of the Bonds other than accrued interest except as may be provided below shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Accrued interest, if any, shall be deposited in the Bond Fund. Section 5. Investments of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2001 (formerly Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with the State Sinking Fund provided under Chapter 12C of the Code of Iowa, 2001, as amended or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature befbre the date on which the moneys are required for payment of principal of or interest on the Bonds as herein provided. Section 6. Bond Details, Execution and Redemption. (a) Bond Details. General Obligation Bonds of the City in the amount of $29,100,000, shall be issued pursuant to the provisions of Section 384.28 of the City Code of Iowa for the aforesaid purpose. The Bonds shall be designated "GENERAL OBLIGATION BOND", be dated May 1, 2002, and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2002, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner'ofthe Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear interest as follows: Interest Principal Maturity Rate Amount June 1st 3.50% $1,520,000 2003 3.50% 1,650,000 2004 3.50% 1,690,000 2005 3.50% 1,745,000 2006 4.00% 1,795,000 2007 4.00% 1,865,000 2008 4.00% 1,940,000 2009 4.10% 2,020,000 2010 4.20% 2,100,000 2011 4.30% 2,195,000 2012 4.75% 970,000 2013 5.00% 1,015,000 2014 5.00% 1,060,000 2015 5.00% 1,110,000 2016 5.00% 1,165,000 2017 5.00% 1,220,000 2018 5.00% 1,280,000 2019 5.00% 1,345,000 2020 5.00% t,415,000 2021 -9- (b) Redemption. Bonds maturing after June 1, 2012, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If selection by lot within a maturity is required, the Registrar shall designate the bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of bonds to be called has been reached. Section 7. Issuance of Bonds in Book-Entry Form; Replacement Bonds. (a) Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in the Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount); and such Depository Bonds shall be registered in the name of Cede & Co., as nominee of DTC. Payment of semi-annual interest for any Depository Bond shall be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated in or pursuant to the Representation Letter. (b) With respect to Depository Bonds, neither the Issuer nor the Paying Agent shall have any responsibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the Issuer nor the Paying Agent shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC or its nominee or of any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, of any notice with respect to the Bonds, (iii) thc payment to any Participant, any Beneficial Owner or any other person, other than DTC or its nominee, ol'any amount with respect to the principal o~; premium, if any, or -10- interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any Participant or Beneficial Owner. The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC or its nominee to be, the absolute owner of each Bond for the purpose of payment of the principal of, premium, if any, and interest on such Bond, for the purpose of all other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents, in accordance with the practices and procedures of DTC as may be applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Registration Books, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of, premium, if any, and interest on the Bonds to the extent so paid. Notwithstanding the provisions of this Resolution to the contrary (including without limitation those provisions relfiting to the surrender of Bonds, registration thereof, and issuance in Authorized Denominations), as long as the Bonds are Depository Bonds, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder, and the Paying Agent shall comply therewith. (c) Upon (i) a determination by the Issuer that DTC is no longer able to carry out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC that the Bonds are no longer eligible for its depository services or (iii) a determination by the Paying Agent that DTC has resigned or discontinued its services for the Bonds, the Issuer shall (A) designate a satisfactory substitute depository as set forth below or, ifa satisfactory substitute is not found, (B) provide for the exchange of Depository Bonds for replacement Bonds in Authorized Denominations. (d) If the Issuer determines to provide for the exchange of Depository Bonds for Bonds in Authorized Denominations, the Issuer shall so notify the Paying Agent and shall provide the Registrar with a supply of executed unauthenticated Bonds to be so exchanged. The Registrar shall thereupon notify the owners of the Bonds and provide for such exchange, and to the extent that the Beneficial Owners are designated as the transferee by the owners, the Bonds will be delivered in appropriate form, content and Authorized Denominations to the Beneficial Owners, as their interests appear. (e) Any substitute depository shall be designated in writing by the Issuer to thc Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Exchange Act of 1934, as amended. The substitute depository shall provide lbr (i) immobilization of the -I1- Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depository or its nominee and (iii) payment of principal of, premium, if any, and interest on the Bonds in accordance with and as such interests may appear with respect to such book entries. Section 8. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. The City Controller is hereby appointed as Bond Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as provided in this Resolution. Ail Bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code i)f Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. (b) Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an assignment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully registered Bond, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Bond, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolution. (d) Ownership. As to any Bond, the person in whose name the ownership (fi'thc same shall be registered on thc Registration Books of the Registrar shall be deemed and -12- regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. (f) Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Bonds shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one bond for each annual maturity. The Registrar shall furnish additional bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Bond of like tenor and amount as thc Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Registrar, upon surrender of such mutilated Bond, or in lieu of and substitution tbr the Bond destroyed, stolen or lost, upon filing with the Registrar -13- evidence satisfactory to the Registrar and Issuer that such Bond has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section I0. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their designated agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Bonds to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Section 11. Execution, Authentication and Delivery_ of the Bonds. U~pon the adoption of this Resolution, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Issuer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. -14- Section 13. Form of Bond. Bonds shall be printed in substantial compliance with standards proposed by the American Standards Institute substantially in the form as follows: I (6) I I (6) [ (7) I I (8) I (1) [ (2> I [ (3) I [ <4) I [ <5> ] (9) I (ga) I (10) (Continued on the back of this Bond) [(11)(12)(13) ] [ (14) ] [ (15) ] FIGURE 1 (Front) -15- (10) (16) (Continued) FIGURE 2 (Back) -16- The text of the Bonds to be located thereon at the item numbers shown shall be as follows: Item 1, figure 1 = "STATE OF IOWA" "COUNTY OF JOHNSON" "CITY OF IOWA CITY" "GENERAL OBLIGATION BOND" "CORPORATE PURPOSE" Item 2, figure 1 = Rate: Item 3, figure 1 = Maturity: Item 4, figure 1 = Bond Date: May 1, 2002 Item 5, figure I -- Cusip No.: Item 6, figure 1 = "Registered" Item 7, figure 1 = Certificate No. Item 8, figure 1 = Principal Amount: $. Item 9, figure 1 = The City of Iowa City, Iowa, a municipal corporation organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter provided, on the maturity date indicated above, to Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer with name of Registered Owner). Item 10, figure 1 = or registered assigns, the principal sum of(principal amount written out) THOUSAND DOLLARS in lawful money of the United States of America, on the maturity date shown above, only upon presentation and surrender hereof at the office of the City Controller, Paying Agent of this issue, or its successor, with interest on said sum from the date hereof until paid at the rate per annum specified above, payable on December 1, 2002, and semiannually thereafter on the 1st day of June and December in each year. Interest and principal shall be paid to the registered holder of the Bond as shown on the records of ownership maintained by the Registrar as of the 15th day preceding such interest payment date. Interest shall be computed on the basis ora 360-day year of twelve 30-day months. This Bond is issued pursuant to the provisions of Section 384.28 of the City Code ol' Iowa, tbr the purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the construction, improvement, and repair of bridges; the construction of storm water sewers and systems; the rehabilitation, improvement and equipping of existing city parks; the equipping of cemeteries; the equipping of the fire, police and street departments; the purchase of transit busses and system equipment; improvements to Fire Station No. 3; the construction of a new fire station and the acquisition of art for public buildings and areas; boiler improvements to a Recreation Center and Soccer Field improvements; equipping of city buildings and offices, recreation centers and Senior Center; the acquisition and construction of a transit intermodal facility; and the acquisition of real estate, constructing an addition to and improving and equipping the city public library, in conformity to a Resolution of the Council of said City duly passed and approved. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a limited purpose trust company ("DTC"), to thc Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede 8,: Co., has an interest herein. Bonds maturing after June 1, 2012, may be called for redemption by the Issuer and paid before maturity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' notice of redemption shall be given by ordinary mail to the registered owner of the Bond. Failure to give such notice by mail to any registered owner of the Bonds or any defect therein shall not affect the validity of any proceedings for the redemption of the Bonds. All bonds or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. If'selection by lot within a maturity is required, the Registrar shalI designate the bonds to be redeemed by random selection of the names of the registered owners of the cntirc annual maturity until the total amount of bonds to be called has been reached. -18- Ownership of this Bond may be transferred only by transfer upon the books kept for such purpose by the City Controller, the Registrar. Such transfer on the books shall occur only upon presentation and surrender of this Bond at the office of the Registrar as designated below, together with an assignment duly executed by the owner hereof or his duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer reserves the right to substitute the Registrar and Paying Agent but shall, however, promptly give notice to registered bondholders of such change. All bonds shall be negotiable as provided in Article 8 of the Uniform Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bond Resolution. And it is hereby represented and certified that all acts, conditions and things requisite, according to the laws and Constitution of the State of Iowa, to exist, to be had, to be done, or to be performed precedent to the lawful issue of this Bond, have been existent, had, done and performed as required by law; that provision has been made for the levy of a sufficient continuing annual tax on all the taxable property within the territory of the Issuer for the payment of the principal and interest of this Bond as the same will respectively become due; that the faith, credit, revenues and resources and all the real and personal property of the Issuer are irrevocably pledged for the prompt payment hereof, both principal and interest; and the total indebtedness of the Issuer including this Bond, does not exceed the constitutional or statutory limitations. IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Bond to be signed by the facsimile signature of its Mayor and attested by the facsimile signature of its City Clerk, with the seal of said City printed hereon, and to be authenticated by the manual signature of an authorized representative of the Registrar, City Controller, Iowa City, Iowa. Item 11, figure 1 = Date of authentication: Item 12, figure 1 = This is one of the Bonds described in the within mentioned Resolution, as registered by City Controller. CITY CONTROLLER, Registrar By: Authorized Signature Item 13, figure 1 = Registrar and Transfer Agent: City Controller Paying Agent: City Controller -19- SEE REVERSE FOR CERTAIN DEFINITIONS Item 14, figure I = (Seal) Item 15, figure 1 = [Signature Block] CITY OF IOWA CITY, IOWA By: (facsimile signature) Mayor ATTEST: By: (facsimile signature) City Clerk Item 16, figure 2 = [Assignment Block] [Information Required for Registration] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto (Social Security or Tax Identification No. ) the within Bond and does hereby irrevocably constitute and appoint attorney in fact to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated (Person(s) executing this Assignment sign(s) here) SIONATURE ) GUARANTEED) IMPORTANT - READ CAREFULLY The signature(s) to this Power must correspond xvith the name(s) as written upon thc face of the certificate(s) or bond(s) in every particular without alteration or -20- enlargement or any change whatever. Signature guarantee must be provided in accordance with the prevailing standards and procedures of the Registrar and Transfer Agent. Such standards and procedures may require signature to be guaranteed by certain eligible guarantor institutions that participate in a recognized signature guarantee program. INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER Name of Transferee(s) Address of Transferee(s) Social Security or Tax Identification Number of Transferee(s) Transferee is a(n): Individual* Corporation Partnership Trust *If the Bond is to be registered in the names of multiple individual owners, the names of all such owners and one address and social security number must be provided. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common IA UNIF TRANS MIN ACT - . ........... Custodian ............ (Gust) (Minor) under Iowa Uniform Transfers to Minors Act ................... (State) ADDITIONAL ABBREVIATIONS MAY ALSO BE USED THOUGH NOT IN THE ABOVE LIST Section 14. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. -21- Section 15. Non-Arbitrage Covenants. The Issuer reasonably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classified as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Revenue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Issuer, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Treasurer is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and covenants of the Issuer at that date. Section 16. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 17. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, and the provisions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Owner" means any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds lbr federal income tax purposes. Section 18. Additional Covenants, Representations and Warranties of the Issuer. Thc Issucr ccrtilics and covenants with thc purchasers and holders ol'the Bonds l'rom -22- time to time outstanding that the Issuer through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such compliance. Section 19. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of bond counsel, such amendment is necessary to maintain tax exemption with respect to the Bonds under applicable Federal law or regulations. Section 20. Repeal of Conflicting Resolutions or Ordinances. That all ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. PASSED AND APPROVED this 7th day of May ,2002. ATTEST: Cit~Clerk I'GOO DILl(:[ l\320221 \1 \ [ 0714 071 -23- ADVERTISEMENT FOR BIDS FY02 BRIDGE MAINTENANCE PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 11 A.M. on the 23r~ day of April, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 7~h day of May, 2002, or at such later time and place as may be scheduled. The Project will involve the following: Sealing the bridge decks specified in the plans with a concrete sealer as specified in the specifications. All work is to be done in strict compliance with the plans and specifications prepared by NNW, Inc., of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen ('15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the AF-1 City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) year(s) from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 25 Specified Start Date: May 20, 2002 Liquidated Damages: $200 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of the Project Engineer, NNW, Inc., 316 East College Street, Iowa City, Iowa, by bona fide bidders. A $20 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to NNW, Inc. Plans and specifications will be made available on Wednesday, April 3, 2002. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., iowa City, IA 52240 (319)356-5142 RESOLUTION NO. 02-175 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO Al-rEST A CONTRACT FOR CONSTRUCTION OF THE FY02 BRIDGE MAINTENANCE PROJECT. WHEREAS, Equity Contracting, Inc. of Adel, Iowa has submitted the lowest responsible bid of $42,611.75 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to Equity Contracting, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th day of f4a.y ,20 02 Approved by CIT'C'GLERK - C~t'y/t, tfor'~ey's fOffic~ It was moved by 6hampt on and seconded' by ?fab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell × Pfab × _ Vanderhoef X Wilburn pweng/r es/fy02Dridge-contr dOC Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. 02-176 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT- ROCHESTER AVENUE TO D STREET. WHEREAS, L.L. Pelling Co. Inc. of North Liberty, Iowa has submitted the lowest responsible bid of $479,270.08 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to L.L. Pelling Co. Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 7th _ day of ~ ,20 02 MAYOR A~;~vedby , ~ CITY'CLERK City Attorney's Office It was moved by 0'Donne] ] and seconded by Vanden'hoer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner % Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn tpweng\res\l staverochester doc 4/02 Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE SIGN AND THE CITY CLERK TO ATTEST A FOR p~.NSTRUCTION OF THE FIRST AVENUE CORRIDOR JECT- ROCHESTER AVENUE TO D STREET, WHEREAS, "',, of hl submitted the lowest responsible bid~f $. for construction of the NOW, THEREFOre, BE IT RESOLVED BY THE CITY COl. OF THE CITY OF IOWA CITY, IOWA, THAT: ~,~ 1. The contract the construction of the above- project is hereby awarded to sul: the condition that awardee secure adequate and payment bond, insL and contract compliance program 2. The Mayor is ~orized to si the City Clerk to attest the contract for construction of the amed to the condition that awardee secure adequate performance and insurance certificates, and contract compliance program statements. Passed and approved this 20 )R Approved by ATTEST: CITY CLERK Attorney's Office It was moved by and seconded by the Resolution be adopted, and upon roll call ti were: AYES: NAYS: ABSENT: Champion Kanner Lehman Q'Donnell Pfab Vanderhoef Wilburn tpweng\res\l staverochester.doc 4/02 ADVERTISEMENT FOR BIDS FIRST AVENUE CORRIDOR IMPROVEMENT PROJECT - ROCHESTER AVENUE TO D STREET Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 7th day of May, 2002, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 7t~ day of May, 2002, or at such later time and place as may be scheduled. The Project will involve the following: Portland Cement Concrete intersection pavement widening, P.C.C. street rehabilitation work and Hot Mix Asphalt paving. Also included is storm sewer intakes & piping, sidewalk, pavement marking, sodding and related work. All work is to be done in strict compliance with the plans and specifications prepared by Richard A. Fosse, P.E., City Engineer, City of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days following award of the contract, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and repoded to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the AF-1 City, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years from and after its completion and formal acceptance by the City Council. The following limitations shall apply to this Project: Working Days: 40 Specified Start Date: June 17th, 2002 Liquidated Damages:S1000 per day (Division 4) $500 per day (Division 1) Incentives: $1000 per day for completion of Division 4, $500 per day for completion of Division 1 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Richard A. Fosse, P.E., City of Iowa City, Iowa, by bona fide bidders. A $25 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to City of Iowa City, IA. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other padies with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-2 Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 02-177 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'FrEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE NORTH DODGE STREET PROJECT STP-1-5(69)--2C- 52. WHEREAS, the City of Iowa City, Iowa has negotiated an addendum with the Iowa Department of Transportation, said agreement being attached to this Resolution and by this reference made a part hereof; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with the Iowa Department of Transportation STP project for STP-1-5(69)-2C-52 for the design and reconstruction of North Dodge Street from Nodh Governor Street to Interstate 80. NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the above-mentioned agreement, and the agreement is hereby approved as to form and content. 2. The Mayor is authorized to sign and the City Clerk to attest the agreement between the City of Iowa City and the Iowa Department of Transportation in duplicate 3. The City Clerk shall furnish copies of said agreement to any citizen requesting same. Passed and approved this 7th day of Ha,.~ ,2002. ATTEST: ') ]' '~"~'~'..-~,.~ CITY'CLERK CitC'A/C~r~e~;'s It was moved by Vander'h0ef and seconded by ~' l~nnn~l 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X ' Vanderhoef X Wilburn Janumy 2001 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR FEDERAL-AID SURFACE TRANSPORTATION PROGRAM (STP) PROJECT RECIPIENT: City of Iowa City PROIECT NO.: STP-1-5(69)--2C-52 IOWA DOT AGREEMENT NO.: 6-02-STP-12 This is an agreement between the City of Iowa City, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa with Federal funds. The RECIPIENT proposes a Surface Transportation Program (STP) project for funding under Sec. 133 (b) of Title 23, United States Code. The Transportation Equity Act for the 21~ Century (TEA-21), enacted in 1998, reestablished the Surface Transportation Program (STP). Federal regulations provide that the STP funds are to be administered by the DEPARTMENT. The OMB (Office of Management and Budget) Circular A-133 requires the RECIPIENT to report the CFDA (Catalog of Federal Domestic Assistance) number and title on all Federal- Aid Projects. The RECIPIENT will use CFDA//20.205 and title, "Highway Planning and Construction" for this project. This information should be reported in "The Schedule of Expenditures of Federal Awards". Pursuant to the terms of this agreement, applicable statutes, administrative rules, and Programming by the Department and the Johnson County Council of Governments, the DEPARTMENT agrees to provide STP funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The RECIPIENT shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing tO the DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the District 6 Local Systems Engineer. The RECIPIENTs contact person shall be the City Engineer. Agreement No.: 6-02-STP-12 Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described STP project: Reconstruction North Dodge Street (Iowa 1) from the current 2~lane configuration to a 3-lane and 4-lane facility. The project begins at North Governor Street and ends at Interstate 80. 4. The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by' Federal STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Johnson County Council of Governments current Transportation Improvement Program (TI]?) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 5. This agreement will become null and void if the project described in Section 3. drops out of the Johnson County Council of Governments current TIP or the approved current STEP prior to obligation of Federal funds. 6. The attached EXHIBIT 1 will apply and is hereby made a part of this agreement. Agreement No.: 6-02-STP-12 Page 3 IN WITNESS ~VHEREOF, each of the parties hereto has executed this Agreement Number 6-02-STP-12 as of the date shown opposite its signature below. KECff'IENT: City of Iowa City ~~-~t~~----~Date May 7 , 2002 Title Mayor I, Marian K. Karr , certify that I am the Clerk of the CITY, and that Ernest W, Lehman who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 7th day of May ,2002 . City Clerk of Iowa City, Iowa IOWA DEPARTMENT OF TILANSPORTATION Highway Division ~ /~. :~/'~e.ff~,- Date ,/'Z'~ y / 7 , .Zod 2. By Roger R. Walton, P.E. Local Systems Engineer District 6 JuIy 1999 EXHIB1T 1 Standard Provisions for Federal-Aid Project Agreement 1. Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United Slates shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap/disability. The DEPARTMENT will determine a Disadvantage Bnsmess Enterprise (DBE) Commitment on all Federal-aid projects. 2. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies including historicagculmra/ reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). 3. The RECIPIENT shall obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (Slate Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. 4. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer licensed to practice in the Slate of Iowa_ The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorization to let the project. 5. If Federal-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. The RECIPBENT, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A-87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the govemrnental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the govemmen~al unit. 6. If Federal-aid is requested for preliminary and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's consultant selection process. EXHIBIT 1 -2- 7. The RECIPIENT and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Admimstration of Negotiated Contracts (23 CFR 172). This is required only if the RECIPIENT uses federal funds for engineering services. 8. After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and forward the same to the DEPARTMENT for authorization only if federal funds are used for engineering services. 9. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the mad is not started by the close of the tenth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 10. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance w/th the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessa~', to ensure compliance w/th the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Pohcy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA roles applicable to the type of utility involved and Iowa Code Chapter 306A. 12. Traffic control devices, signing, or pavement markings installed witlfin the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 13. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. Following FI-BVA's authorization, the DEPARTMENT will advertise the projects for letting and furnish the RECIPIENT with a sample letting package. The RECIPIENT shall comply with the public heanng requirements of the Iowa Code Section 384.102. EXH~IT I -3- If the project is to be accomplished via a contract awarded by competitive bidding, ~he project will be let by ~he DEPARTMENT in accordance with its normal lemng procedures. A~ter bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 15. When let by the DEPARTIVIENT, the DEPARTMENT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to the RECIPIENT. 16. The RECIPIENT shall take action to award the contract or reject all bids. FolloWing award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of 17. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 18. The DEPARTMENT will prepare the Federal-md Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal-aid funds. 19. The RECIPIENT shall comply with the procedures and responsibihties for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 20. The project shall be constructed under the DEPARTMENT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 21. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the fight of way to the DEPARTMENT. 22. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which rffLmbursement is requested, have been completed in substantial compliance with the terms of this agreement. 23. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits pf contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. EXHIBIT 1 -4- 24. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTiVIENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 25. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make such materials available at all reasonable times during the constmction period and for three years fi'om the date of final Federal reimbursement, for inspection by the DEPARTMENT, FI-IWA, or any authorized representatives of the Federal Government. Copies of said materials shall be fumished by the RECIPIENT if requested. 26. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless fi.om any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's apphcation review and approval process, plan and construction reviews, and funding participation. 27. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 28. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit fi.om this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. The 1LECEPIENT agrees to comply with all of the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder. 29. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 30. It is the intent of both parties that no third party beneficiaries be created by this agreement. EXHIBIT 1 -5- 31. If the RECIPIENT elects to levy special assessments as a means of raising the local share of the total project costs, the RECIPIENT shall re'nnburse the DEPARTIVIENT in the amount that payments of Federal-aid and collections of special assessments, excluding interest and penalties, exceed the total cost of 'the public improvement as established by the provisions of Iowa Code Chapter 384. The RECIPIENT agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the RECIPIENT) from special assessments levied for this project exceed the local share of total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sib-ty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. 32. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 33. This agreement, as set forth in items 1 through 6 and EXHIBrr I paragraphs 1 through 33 herein, constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into ttfis agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT.