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Home My WebLink About1992-09-29 Resolution , I I , ' -. 0) ~t, mJ'h RESOLUTION NO, 92-262 RESOLUTION TO ISSUE CIGARETI'E PERMITS l~REAS, the follo\~ing firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY TIlE cm COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Sunset Handimart - 1410 HilloH Creek Drive Soho's - 1210 Highland Court It was moved by AmhaiSco and seconded by HOfiOl<itz that the Resolution as rea e adopted, and upon roll call t ere were: ~()55 -. ~\ ,'j )"-- (l\~ RESOLUTION NO. -92:263 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON1'RAGr AND ESTIMATE OF COST FOR THE EXECUTION OF TIlE CIVIC CKN'l'ER EAS'f UX>IIlR LEVEL RIlMODELING PROJEGr, DIRECfING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIREGrING THE CI'rY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPEGrION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 13th day of October, 1992, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by AmbriRro and seconded by Horm,it7. adopted, and upon roll call there were: the Resolution be AYEs.:. NAYS.:. ABSENT: .-1L.- _____ _____ Ambrisco .-1L.- _____ _____ Courtney .-1L.- _____ _____ Horowitz _'L-. _____ _____ Kubby .-1L.- _____ _____ Larson .-1L.- _____ _____ McDonald .-1L.- _____ _____ Novick ~thi' __ d" of __~ 1002. A'fTEST:_~~~~ .'~Ci'fY CLERK APPROVID S TO FORM ~Atto'""" Off!.. ' ?-Ol3- f:v :1..0'0 , " , , '.. /x' ') RESOLUTION NO. 92-264 1Yl+~ RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT #5 TO CONSOLI. DATED ANNUAL CONTRIBUTIONS CONTRACT KC.9033E, I WHEREAS, the City of Iowa City (herein called the "Local Authority") proposes to enter into a revised contract (herein called the" Annual Contributions Contract") with the United States of America (herein called the "Government") with respect to any "Project" as defined in the Annual Contributions Contract and which at any time now or hereafter is Incorporated under the terms of such Contract. BE IT RESOLVED BY THE LOCAL AUTHORITY as follows: Section 1. The Annual Contributions Contract KC.9033 in substantially the form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute said Contract In four copies on behalf of the Local Authority. and the City Clerk Is hereby authorized and directed to Impress and attest the official seal of the Local Authority on each such counterpart and to forward said executed counterparts. or any of them, to the Government, together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or Intent. shali be construed. and are Intended to have meanings as foliows: (1) The term "Resolution" shall mean this Resolution. (2) AIi other terms used In this Resolution and whiCh are defined In the revised Annual Contributions Contract shali have the respective meanings ascribed thereto in the revised Annual Contributions Contract. Section 3. This Resolution shali take effect Immediately. It was moved by Ambrisco and seconded by Horowitz adopted. and upon roll cali there were: the Resolution be AYES: NAYS: ABSENT: x -X- ---lL- ---lL- ---lL- ---lL- -L- Ambrisco Courtney _ Horowitz _ Kubby Larson McDonald Novick Passed and approved this 29th day of September , 1992. ~ Approyed by ATTEST: 7t~) .j(, ~) CIT CLERK hl'''B1\omndml#6"" Ol~ -, ~~, /'rii-r RESOLUTION NO, 92-265 RESOLUTION APPROVING THE PRELIMINARY PLAT OF FURROWS EDGE ACRES SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Karl and Leona Buchmayer, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Furrows Edge Acres; and WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat and recommended approval of same; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due delibaration, recommended that the piat be accepted and approved subject to a 60-foot right- of-way reservation for the extension of Woodland Drive between Fox Lane and Penny Lane, and that the subdivision specification limiting the length of a cul-de-sac street be waived for this development; and WHEREAS, the preliminary plat is found to conform with all the requirements of the Code of Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the subdivision specification limiting the length of a cui-de-sac street is waived for this development, and that subject to a 60-foot right-of-way reservation for the extension of Woodland Drive between Fox Lane and Penny Lane, the preliminary plat of Furrows Edge Acres is hereby approved. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law, It was moved by Amhrisco and seconded by -l..'lt'SGR adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: -X- Ambrisco --X- Courtney x Horowitz x Kubby X Larson X- McDonald -X- Novick Passed and approved this 29th day of September ,1992. ",- ~91 ...-..._.--.,.....,_.--.-.-.,..--,-.~-- -, Resolution No, 92-265 Page 2 ~ Approved by ATTEST: ~.I~ ,r. ~~ CIT LERK ppdadmin\furrOWI.les 3171----- 'l).n/9 ;), ~"091 " I , ' , , , r\1 RESOLUTION NO. 92-266 RESOLUTION APPROVING FINAL PLAT OF VILLAGE GREEN, PART XII,IOWA CITY,IOWA. WHEREAS, the owner, Village Partners, filed with the City Clerk the final plat of Village Green, Part XII, 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 a 5/8 inch Iron pin found in the concrete pavement of Muscatine Avenue, at the Center of Section 13, Township 79 North, Range 6 West of the 5th Principal Meridian, in the City of Iowa City, Iowa; Thence SOo039'00"W, a Recorded bearing, along the west line of the Southeast Quarter of said Section 13, 2,649,27 feet, to a 5/8-inch Iron pin found at the Southwest Corner of said Southeast Quarter of Section 13, which point is also the Southwest Corner of Village Green, Part Ten, as Recorded in Plat Book 18, at Page 89, of the Records of the Johnson County Recorder's Office; Thence N89057'OO"E, 595.04 feet, to a 5/8 inch Iron pin with L.S. 9175 cap found at the Southeast Corner of said Part Ten, and which is the Point of Beginning; Thence NOoo39'00"E, along the Easterly line of said Village Green, Part Ten, 387.59 feet, to a 5/8.inch Iron pin found at the Southeast Corner of Lot 196, of said Village Green, Part Ten; Thence N28053'14"E, along said Easterly line of Part Ten, 96.25 feet, to a 5/8.inch Iron pin found at the Southerly Corner of Lot 198, of said Village Green, Part Ten; Thence N45032'17"E, along said Easterly line of Part Ten, 65.19 feet, to a 5/8 inch Iron pin found at the Southerly Corner of said Lot 199; Thence N49 0 58'12"E, along said Easterly Line of Village Green, Part Ten, 108.00 feet; Thence N42029'10"E, along said Easterly Line of Village Green, Part Ten, 118.22 feet; Thence Northwesterly, 150.02 feet, along said Easterly Line of Village Green, Part Ten, on a 1,000.00 foot radius curve concave Northeasterly, whose 149.88 foot chord bears N43012'59"W; Thence N38055'07"W, along said Easterly Line of Village Green, Part Ten, 104.42 feet, to the Easterly Corner of Village Green, Part IX, as Recorded in Plat Book 16, at Page 3, of the Records of the Johnson County Recorder's Office; Thence Northwesterly 368.89 feet, along the Easterly Line of said Village Green, Part IX, on a 2,270.00 foot radius curve, concave Northeasterly, whose 368,48 foot chord bears N34015'47"W, to the Southwest Corner of Village Green, Part Three, as Recorded in Plat Book 11, at Page 14, of the Records of the Johnson County Recorder's Office; Thence S62025'15"E, 80.25 feet to a 5/8.inch Iron pin found, which is 10.00 feet, S48031'55"W of a 1/2.inch Iron pin found at the Southerly Corner of Lot 78 of said Villege Green, Part Three; Thence N46031'55"E, 197,82 feet, to a 1/2- inch Iron pin found at the Easterly Corner of said Lot 76; Thence N88 o07'05"E, 312,30 feet; Thence S33008'19"E, 17,19 feet; Thence S26003'33"E, 223.48 feet; Thence S08000'39"E, 250,42 feet; Thence S47030'51 "E, 148.25 feet; Thence S26003'33"E, 216.55 feet; Thence S39029'01 "W, 403.02 feet; Thence S08 0 58'49"W, 136,86 feet; Thence SOoo03'OO"E, 84.82 feet; Thence S89057'OO"W, 479,90 feet, to the Point of Beginning, Said tract of land contains 15.16 acres, more or less, and is subject to easements and restrictions of record. d.()~S -. Resolution No. 92-266 Page 2 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 WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 409A, Code of Iowa (1991) and all other 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, and the dedication of the streets and easements is accepted as provided by law. 2. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approvel by the City Attorney, to execute all legal documents relating to said subrlivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa, It was moved by Larson and seconded by adopted, and upon roll call there were: Hor01,itz the Resolution be AYES: NAYS: ABSENT: x -X- ,-- Ambrisco Courtney Horowitz Kubby Larson McDonald Novick -X.- -L- -L- x Passed and approved this 29th day of September , 1992. ~~ Approved by :J?cr1-- '1/~o.f/9J.. ATTEST: 7J~MU !!. 1d.vJ CITY CLERK . ppdlldmin\yo.xii,'.. J()95 , -. ~\. STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: SUB 92-0016. Village Green, Part XII Date: August 6, 1992 GENERAL INFORMATION: Applicant: Village Partners 325 Third Street Iowa City, IA 52240 Contact: Bill Frantz Phone: 338-7923 Requested action: Final plat approval. Purpose: To create 22 Single-family residential lots and 2 lots for condominium dwell- ing units. Location: West of Scott Boulevard and south of Muscatine Avenue and Village Road, Size: 15,16 acres. Existing land use and zoning: Agricultural; RS-5 and OPDH.5. Surrounding land use and zoning: North - Single-family residential; RS-5. East - Agricultural; RS.5. South - Agricultural; RS.5. West - Single-family and multi.family residential; RS-5, OPDH-8. Comprehensive Plan: Residential: 2-8 dwelling units/acre. Applicable regulations: Provisions of the Subdivision Regula- tions and the Stormwater Management Ordinance. File date; July 16, 1992. 45-day limitation period: August 30, 1992, 60-day limitation period: September 14, 1992. ot()95 -. 2 SPECIAL INFORMATION: Public utilities: Water service is available. Sewer ser- vice for a maximum of 42-lots is available, Public services: Sanitation service will be provided by the City. Police and fire protection are available. Transportation: Vehicular access will be provided via Village Road and Scott Boulevard. Transit service is available at the inter- section of Wayne Avenue and Village Road via the Towncrest route. Physical characteristics: The topography of the tract is rolling with an approximate slope of six per- cent. BACKGROUND: In April the Planning and Zoning Commission reviewed and recommended approval of the preliminary plat of Village Green, Part XII along with a rezoning from RS-S to OPDH-S for Lots 23 and 24 and preliminary LSRD and OPDH plans for Lots 23 and 24. The City Council approved the preliminary plat, rezoning and preliminary LSRD and OPDH plans on May 26, 1992. ANALYSIS: Legal Papers: Preliminary plat approval was granted by the Council subject to sanitary sewer and storm water management agreements for the area being approved by the City prior to final plat approval. The legal papers which have been reviewed by the City Attorney's Office should be revised to address these conditions, as well as others which are discussed below. Sanitary Sewer: A lack of capacity in existing sanitary sewer lines constrains development within the Village Green area, To address this constraint, the applicant will construct a new trunk senitary sewer line from this development to the Village Green lift station. This proposed sanitary sewer line should be constructed with sufficient capacity to serve the remainder of the undeveloped Village Green and Village Green South areas. Construction of this line will require the adjacent property owner to consent to an easement. This easement should be secured prior to City Council consideration of the final plat. The configuration of the sanitary sewer lines and water mains for Lots 23 and 24 are not consistent with the preliminary plat. Public Works will not be able to evaluate the adequacy of the new configuration until construction plans are submitted. Storm water Management: As shown on the plat, a storm water management basin is proposed on and adjacent to Lots 23 and 24. The portion of the basin located outside of this 0;,95 -.--...--. - .- .. ~_.. .....--...........- -. '.. 3 subdivision is contained within an easement. An agreement regarding the construction of the basin and a stormwater management agreement for the Village Green area will be necessary prior to Council consideration of the final plat. In response to concerns expressed by neighboring residents, the preliminary LSRD and OPDH plans for this development included a fence designed to discourage children from entering the stormwater management basin. The preliminary plans showed a temporary fence adjacent to the portions of the pond which will be located outside of this phase of the development. The legal papers should specify the location and timing of construction of the fence. The stormwater management ordinance requires stagnation control of the stormwater basin. Control devices may include an aeration system. This should be reflected on the construction plans. To improve storm water drainage on individual lots, the applicant is proposing a groundwater drainage system. The legal papers should specify that sump pumps will discharge into the storm sewer system or the groundwater drainage system. The legal papers shouid contain a provision prohibiting discharge of roof drains into the groundwater drainage system. Construction drawings and calculations have not been submitted to the Public Works Department. These drawings and calculations for storm sewer and stormwater detention design must be submitted to and approved by the Public Works Department prior to City Council consideration of this final plat. Common Open Space: The legal papers should aiso address the landscaping and maintenance of the common open space shown in Brunswick Court, north of Lots 15, 19-22 and on Lots 23 and 24. STAFF RECOMMENDATION: Staff recommends that the final plat of Village Green, Part XII be deferred pending resolution of the following deficiencies. Upon resolution of these deficiencies, staff recommends that the requested subdivision be approved subject to City Attorney approval of legal papers, including sanitary sewer and storm water management agreements for the area and provisions for landscaping and maintenance of the common open space, and Public Works approval of construction plans prior to City Council consideration of the final plat. DEFICIENCIES AND DISCREPANCIES: 1. Construction drawings and calculations must be submitted to and approved by the Public Works Department. 2. A radius should be reported for the easement in the southwest corner of Lot 7. 3. The dimension of the storm sewer and drainage easement located to the east of Lot 23, outside of this subdivision, should be reported on the plat. 4. Arrows should indicate the curves which curve notes 14-2, 23-2, and 20.1 refer to, ~O'5 . _M_ .... ...-~__,,_ _.. "-...---..... - .~- 'Ii! __---------"'-- ." 'I " , ' -. 4 5. The first word "easterly" should be corrected to refer to "southerly" in line nine of the legal description. 6. The curve dimension, 368.89 feet, in line 13 of the legal description is in conflict with the note on the plat. These two dimensions should be consistent. ATTACHMENT: 1. Location Map. ACCOMPANIMENT: 1. Final plat. Approved by: Monica Moen, Senior Plenner Department of Planning and Community Development ~~ \92.0016,rm . .2095 -, <>~""'\jj~Jn"'U\JJalfflO\'lllS<.> I <> lIo"':Jll'Kl"'l<I'~Cll\'l <> <> ~~~lI!1t'1':i "'1'1 <> ~l'lIll~ll,\fj <'>1II'd ~ ZlIZ9-It;r (Glr) D,,"OI '.<t!J DM) W'B '~N I 'SrNn10SNOJ sm~ l:!.\\OI ' ^l1J RIIOI r; l ::I N i IIX ,Wild N33H8 3811111^ ..".,/::~ ~ J~,~ ~'l l"ld 1"U1d II I: l'{ 1- i ~l', 1"''' ., ~ . ~ E III I ,1 1" W i! 11 Ie I- f" ~Ill: ~ 0',1 ,. ;1 l~ z 1"11 !~!. ,. ~ 0 nW!'iil! .iilil!;~ >< ~ 11'l!! llli!Mi!l,- ~ 1','I'~"l!ll!l: ~ o !!!l1hllil;;!!lial. z "" , """ :"'I~ w II! I i ,:~ 0+:1<;31 0 1:11 :€!),o!b W I', llt ~ Iii I. h ~ ~-.-llf;~ ~ ~U ; ill! ~ i.1i ~I l l l l > ill!; H WI! ~ , '1'1: ~H lI, , r Ii! Ii I .~ ,11.11 I g > .~ ;'J . I . " !ll'l l u I,Ull' ! i Em!.: I '~l 1 ,:', \ lal~ '''I ii:~ , i,ii!, '" " ,".,'""" i~\ -! 1'1 .,d.'ii ii'i;....~!<... i j'! u.. " '"I ..;.....'" -"-~.~' , : .",.l!f,!'..,..o;,r-.;;v;, 'I ' .t'-'~ ., I' i II ''''1i'.,,~~.,., ' '\ L:! , ~, </-J..- I'" "'*.. \ I ,:' I ./Jii" l ' ...... ....... 1,1 k jl : ,.~~;;f , ,""... i tii ~~,,~:t' IH I~ ~I:l ~. t~~i: g :,;~~j ~f~l :'1 'I'! ~,l I~' rb~ .' '.-.. -'. -.. --'\---.. -'. aC'I: - ---,:tt,fliA'iC- r~'C"IU H.lf:llJ. >) r, 'Q,D)\ Olj~TI() II> 1'~n'J'. ~u fJ l',~ 1~1o - - -- - - -. - . --- - - -- rJo95 -. t ~. RESOLUTION NO. 92-267 RESOLUTION OF iNTENT TO CONVEY, BY QUIT CLAIM DEED, A PORTION OF VACATED MAIDEN LANE AND A PORTION OF LOTS THREE AND FOUR OF COUNTY SEAT ADDITION TO IOWA CITY, IOWA AND ALLEYS LOCATED IN BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY, IOWA AS A CORRECTIVE LEGAL ACTION. WHEREAS, the City of Iowa City, by Quit Claim Deed dated December 26, 1973, did convey to Capitol Implement Company the following.described real estate located In Iowa City, Iowa: Beginning at the southeast corner of Lot 4, Block 22, County Seat Addition to Iowa City and assuming the east line of said Block 22 to bear N 0'00' E; thence S 89'35' E, 50.00 feet; thence N O'OD' E, 160,00 feet; thence N 89'35' W, 57,40 feet; thence southwesterly 47,51 feet on a nontangent curve concave southeaster- ly and having a radius of 919,93 feet; thence S 14'56' W, 119,30 feet; thence S 89'35' E, 55.80 feet to the point of beginning, Also the platted alley In Biock 4 Lyons Addition. and WHEREAS, the City of Iowa City, by Quit Claim Deed dated in March of 1985, conveyed to Capitol Implement Company the following-described real estate In Iowa City, Iowa: Commencing at the southeast corner of Lot 4, Block 22, County Seat Addition to Iowa City and assuming the east line of said Block 22 to bear N 00'00' E; thence S 89'35' E; 50 feet to the east line of Maiden Lane; thence N 00'00' E, 160.00 feet along the easterly line of Maiden Lane as shown on the original plat County Seat Addition to the point of beginning; thence continuing N 00'00' E along the east line of Malden Lane to the southeasterly line of the former CRI&P railroad right-of- way; thence northwesterly along said southerly right-of-way line to the easterly right-of-way line of Gilbert Street; thence southerly along the easteriy right-of-way line of Gilbert Street to a point which lies N 89'35' W, 57.40 feet of the point of beginning; thence S B9'35' E, 57.40 feet to the point of beginning, Subject to easements over existing storm and sanitary sewer lines, and WHEREAS, it has come to the attention of Capitol Implement Company, the titleholder of said property, pursuant to an abstract of title examination, that the abstract of title does not show a City Council Resolution approving the execulion of said Quit Claim Deed by the City of Iowa City, and that furthermore, the abstract does not show a resolution approving the disposition of the northerly and southerly alleys located on the Capitol Implement Company property; and WHEREAS, the Council proceeding in connection with the resolutions approving the execution of said Quit Claim Deeds cannot be located; and WHEREAS, it is in the public interest to adopt resolutions of intent to convey and ratify prior conveyances of said Quit Claim Deeds by the City of Iowa City and to adopt resolutions of intent JIID I I , ' -. Resolution No, 92- 26 7 Page 2 to dispose of and ratify prior conveyances of the northerly and southerly alleys located on the Capitol Implement property, so as to eliminate the cloud on the title to the Capitol Implement property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1, The City Council does declare its Intent to convey, by Quit Claim Deed, tracts of real estate located on the Capitol Implement property, described In Exhibit A attached hereto, as a corrective legal action, 2, Public hearing Is hereby set on said proposal for Tuesday, October 13, 1992, at 7:30 p,m. in the Council Chambers of the Civic Center located in Iowa City, Iowa, and the City Clerk is hereby directed to cause notice of public hearing on the matter to be published, as provided by law. It was moved by Horowitz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: -L- -L- x x X- ,- -X- Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 29th day of September , 1992. ATIEST: ~h';/1-d) .J!. IdtA) cmLERK 1l~~ MAYOR Appr ved bLt /. '/(j~I'-;-A<'W d~1" C' Attorney's Office f.-<s - f,2- n:\lege~maidanln.res c1..I/D 0" EXHIBIT "A" l, Beginning at the southeast corner of Lot 4, Block 22, County Seat Addition to Iowa city and assuming the east line of said Block 22 to bear N 00 00' E; thence S 890 35' E, 50.00 feet; thence N 00 00' E, l60.00 feet; thence N 890 35' W, 57.40 feet; thence southwesterly 47.5l feet on a nontangent curve concave southeasterly and having a radius of 9l9,93 feet; thence S l40 56' W, ll9,30 feet; thence S 890 35' E, 55,80 feet to the point of beginning. 2. Commencing at the southeast corner of Lot 4, Block 22, County Seat Addition to Iowa city and assuming the east line of said Block 22 to bear N 00000' E; thence S 89035' E, 50 feet to the east line of Maiden Lane; thence N 00000' E, 160.00 feet along the easterly line of Maiden Lane as shown on the original plat County Seat Addition to the point of beginning; thence continuing N 00000' E along the east line of Maiden Lane to the southeasterly line of the former CRI&P railroad right-of-way; thence northwesterly along said southerly right-of-way line to the easterly right-of-way line of Gilbert street; thence southerly along the easterly right-of-way line of Gilbert Street to a point which lies N B9 35' W, 57,40 feet of the point of beginning; thence S 89035' E, 57,40 feet to the point of beginning. Subject to . easements over existing storm and sanitary sewer lines, 3, Beginning at the Northwest Corner of Lot 6, Block 4, of the county Seat Addition to Iowa city, as recorded in Plat Book 23, at Page 14, of the Records of the Johnson County Recorder's Office; Thence NooOOO'OO"E, along the East Right-of-Way Line of Maiden Lane, 20,00 feet; Thence N890lB'07"E, l05.22 feet; Thence SOOoll'l9"E, 20,OD feet to the Northeast Corner of said Lot 6; Thence S890l8'08"W, along the North line of said Lot 6, 105,29 feet to the point of Beginning, Said tract of land contains 2,l05 square feet, more or less, and is subject to easements and restrictions of record, 4, Beginning at the Northeast Corner of Lot l, Block 4, Lyon's lst Addition, Iowa city, Iowa; Thence N74036'47"W, along the North line of said Block 4, 2l3,34 feet, to the Northwest Corner of Block 4; Thence NooOOO'OO"E, 20,73 feet; Thence S74036'47"E, 213,52 feet, to the West Right-of-Way line of Gilbert Court; Thence S00028'54"W, along said Right- of-Way line, 20,68 feet, to the Point of Beginning, said tract of land contains 4,265 square feet, more or less, and is subject to easements and restrictions of record, 0: 3 6b0041. doc I I , r9-1/D -, .' ,) j/ . <-<./ ) \~MtJ/l ./~O 71 /'@ Jihtrl#1/ Sckeh\a-~c. &rcw"l1.~ (1\0 ~e.d ',1\. ~ 1~t1le'iS- ) '-; UJ )"^--&-;;;:;:""" >; /~Q ~Jd (Lu.w x , / / , .;' , I ~ I Ii" ' I ~' I . ~ . 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'= "-7J)oot;t, V')'t I tJo, L, Co l-e:o-r l..o, Jt.vt. ~r.,'8 'Ill I Jb~ ~ Q:\le.'-I !:tdLoILQIII!.Q iI!:.ft . tJ I A.~.. "'00.... ~"', "~: 14 II.: -_ - -"01 I lJo, "'1I.U:. \..0'1 e. , ~ , ' ~ ~ '~ I iii ~ ~' ~ ~ \? . .;.-; ,:. ;... ,. . ',," '. .. '." l'~..':' /J' ~ ,//~tv-r:~I~tJ ,'IV, ' ' / '-)'Lt' '--)i-,,-,}~w' / jtu..u ',,::' It,.;... ....~"l 't '.. _. ",," ...... ','.'~''''~. , . .".;.,:' , ~, ". ~'''E.- 110" ~o' ........r----.... o' ,'11111 I 'till ~ '_III....IIOoC.'... A 1_1I1....11OoC1..1II..'''l.) li ~11I..........\......".." . .....U""ll.,_ I 1',.....Iol........, o _..'IOOIOl.... . I Ir.:~":.~'!~!;'l -"-lWIl1'llh-'II., . i =;:::::::1".1 ' I -'-'<-F 1e1ll'1.' """""01'1111:""'" -1"'101.,1"'.... ---"'''1'''" "II!II_"III" ::::......<; '='::1':::'" OOW! I" lIl_tt..I... I" 11I-......1... I ....IItC' "\.IfJI' .....~u.... .a:r,....IIllIII-.c ~~ }_...'\IIIlI "1&1 ..t......u... . ..~t:~ ~.,._..... ....~;....,...w..... '.ti-lIi'''~ r,l.. ....W""""'.. r.t, '!.'(~I"'" ...." .""'...fl.... 111.' tw.c1ll""_1 , ....,........, Ilk! I/:":''l.::i" .'rIllO'ClI_.......lIlllllOl _'...I"..IoUlttl..""....... .'. . ", " "~'" ,,~Jlo. '.. '}.. J September 29. , 1992 The Finance Officer of Iowa city, Iowa, met at the civic Center, 410 E. Washington street, Iowa city, Iowa, at 12:02 o'clock P ,M" on the above date, to open sealed bids received and to:refer the sale of the notes to the best and most favorable bidder for cash, subject to approval by the city council at 7:30 o'clock L,M. on the above date. The following persons were present at said meeting: Dave Dirks. Evensen & Dodae; Don Yucuis. Finance Director: Cvndi Sheets. Finance Adm, Secretary; Marian K, Karr. city Clerk Absent: * * * * * * * * -1- ,\III,I:IIS,I:OOll:r.III)IIWEII,I:II,II.\I'lll:,SIIITII~,\I,I,III:I:,I~C:, AnORUEY!ATLAW DElMOINES,IOWA fYl-l-cb Ollll Agenda Item #12 September 29, 1992 This being the time and place for the opening of bids for the sale of $3,450,000 General Obligation Capital Loan Notes, the meeting was opened for the receipt of bids for the notes, Sealed bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidders: Harris Trust Chiles Heider-Lehman Bros, Clayton Brown Kemper Security Dean Witter Gri ffi n, Kubi k Piper Jaffray United Mi ssouri Chicago Omaha Chicago Chicago Chicago 'Chicago Minneapolis Kansas Ci ty, MO Whereupon the Finance Officer declared the time for filing of sealed bids to be closed, Whereupon, the Finance Officer declared the sealed bids be opened, The sealed bids were opened and the best sealed bid was as follows: -2- ,1111.1:11\ 1:l1I1~f:r,IIIJII\II:II.I:II,ll.lr,\It:.'IIITII" ,1I,1.1iI:1:,I~1: Anon"[V6ATLAW ()(SMOII'[S.IOWA cJJll .._u___.... ,"_.__,"_ - --., ..--....-.. - 'I I , ' '.. Seotember 29 , 1992 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa, at 7:30 O'clock P.M., on the above date, There were present Mayor Darrel G, Courtney , in the chair, and the following named Council Members: Ambrisco. Courtney. Horowitz. KUbby.Larson. McDonald. NOYick Absent: None * * * * * * * -3- ,11I1.f:/IS,I:I'IXf:r,/IIII1\I'f:II.f:1I.1I,II'XIf:.SJI/TII',II,I,III:1:,I !,', AnOllNfY6ATlAW orSI,tOl/jES,IOWA, r12./11 '.. Agenda Item m September 29, 1992 Council member McDonald introduced the toll owing Resolution entitled "RESOLUTION DIRECTING SALE OF $3,450/000 GENERAL OBLIGATION CAPITAL LOAN NOTES/" and moved its adoption, Council member Ambri sco 'seconded the motion to adopt, The roll was called and the vote was, , AYES: McDonald, Novick. Ambrisco. Courtney, Horowitz. Larson NAYS: Kubby Whereupon, the Mayor declared the following ReSOlution duly adopted: RES. 92-268 RESOLUTION DIRECTING SALE OF $3,450,000 GENERAL OBLIGATION CAPITAL LOAN NOTES WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the notes described as follows and the best bid received is determined to be the following: $3,450/000 GENERAL OBLIGATION CAPITAL LOAN NOTES: Bidder: Harris Trust of Chi cago the terms of said bid being: 5,15 and 5.20 Dercent for 1993 thru 2007 maturities. Net interest rate is 5.1675%, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1, That the bid for the notes as above set out is hereby determined to be the best and most favorable bid received and, said notes are hereby awarded based on said bid, Section 2, That the statement of information for bidders and the form of contract for the sale of said notes are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. -4- ,\IILE11~, COOlEl',iXJlI\\EIL[II, 1I,ll~II:, ~.lIrrll. ,ILLII[[, PI:. ""OIl~tVI"LAW 0I5M()l~[S.IOWA &<111 .........~--~ .-..... ~.._-_......_...- ---..-.......- ~~..__...... illi"""llI'tJWNI'iII--. '.. Section 3, That the notice of the sale of the notes hereto- fore given and all acts of the Finance Officer done in furtherance of the sale of said notes are hereby ratified and approved. PASSED AND APPROVED, this 29th day of September 1992, ~~ Mayor ATTEST: /JIJ.' Cle~~ ,f. ~.J cl0714027nnrOlll7304 -5- .11I1,EIIS,':i'Ull:I.Ii"lIIn:II,I:II,II.II,IU:,SIIITII,I,II,I,III:I:,Pr: ATTom~EYS ATI.AW OtSMOI~ES, IOWA .:1./11 . ...., I , ' " , -. CIG-3 9/91 CERTIFICATE STATE OF IOWA COUNTY OF JOHNSON SS I, the undersigned City Clerk of Iowa city, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the pUblic and clearly designated for that purpose at the principal office of the Counpil (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twentY-four hours prior to the com- mencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions, WITNESS my hand and the seal of said Municipality hereto affixed this 29th day of September , 1992. 1J1aru~m ?f. ~ city Clerk, Iowa City, Iowa SEAL 0I0114027m1/0021143 ,\III.f:II'<,I:i"I.\EI',IJIIII\\III,f:II,II,\l'lll:,'<,IIIT1I,\,\I.I,lJn:,I~I: ATTOAIl[VSATlA\V OESMOIIIES,IOWA 07.11/ . '! I , -. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The city Council of Iowa city, Iowa. Date of Meeting: Time of Meeting: September 29 , 1992, 7:30 o'clock !...M. Place of Meeting: Council Chambers, Civic Center, 410 E, Washington street, Iowa City, Iowa, PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $3,450,000 General Obligation Capital Loan Notes, - Resolution directing 'sale, Such additional matters as are set forth on the addi- tional 11 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body, >>rd~U cit Clerk, ,f KU-1) , Iowa City, Iowa : ' AnOAN~Y8ATL"'W DESMOINES,IO'NA ?os-ll(\ q/z,s!12 4-:/0 P IY\ sf: ~/)\)ed. ~/30/9~ ~:3olt... s~ ~'II AIII.EnS, COOSEY, DOIIWI:II,EII, IIA 1~11:, SlIlTlI & ALI.III:I:, I!r. -, \r I I , , AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. ArTORNEl'S AT LAW PHILIPJ DORWtlLtll KENNETH" IiA,VH!E HIlICflAIlD5101lTH ROBUTO AUBEE JDHNFlolcKINHEYJIl L W ROSEBROOK IIICHAIlDG UNTI tOGAIlHBlTTLE 1l0N"LD L SUTPHIN 'EllUL '-10"1501-1 100 COURT AVENUE SUITE ~oo DES MOINES. IOWA !l03011'2231 FAX !II' 243 2149 51524311111 LAliCE4COPPOCK DAVIOHLUOINDILL "'''ilK W BttR"'''N EDWAROW I{tMSBUIlG IlANOA,LLHSTtF_NI nlZABUH QUOO It[NNEOV P"TIlICIAJ/oI""TlN WADE II HAUSERIU I'IILLlA,14 J NOTH O...VIO SWINTON PUtIlP,l,SHLtIl IVA,N T WEDDEll JANEOlolcALLlSTI!:R A MARKeD'" STf;VENIIOAtIl AONA,LO L PEELER ...",DIlEIVJ81l....CKEN 5T!:VENLSl"RCII; JC,,.tCYN\.AMDEIlTI 1oI1CliACLJEASON CAROLE A TlnOUON G4IUHDAOAMS DUIlA s. TOWliBtND MCRLtWILNA'LEMING O'COUNsn PAUL'AHLtRS J...."'UEVANSCOONEY SEIlOE H GARRISON September 9, 1992 SfP 1 0 1992 Mr, Donald J. Yucuis Finance Officer 410 E, Washington Street Iowa city, Iowa 52240 Re: Iowa City, Iowa - $3,700,000 General Obligation Capital Loan Notes Dear Don: Enclosed is the form of Notice to be published relative to the sale of the above Capital Loan Note issue. This notice must be published one time with the pUblication date not less than four nor more than twenty days prior to the sale date, Please confirm the publication date with this office. When it is available, please furnish us with a publisher's affidavit covering the Notice of Sale, Also enclosed is a copy of the Terms of Offering for your information, You need not publish the Terms of Offering, they will be a part of the Official statement. If you have any questions, don't hesitate to contact our office, KHH:rmr cc w/enc,: Chuck Upcraft 'J07140l7nnnl'J099.ll v~ truly yours, ~h H. Haynie FOR THE FIRM aJll -, \~~ _ ___.. ..~._......_w_ Agenda Item #12 September 29, 1992 ~ EVENSEN DODGE INC I 1\ \ ,-, \,',"', . \ \ ' REPORT OF BIDS CITY OF IOWA CITY $3.450,000 GEN~RAL OBLIGATION CAPITAL LOAN NOTES SEPTEMBER 29, 1992 " , , ~III '.. ~ ~ EVENSEN DODGE INC Date: September 29, 1992 To: The Honorable Darrel G, Courtney, Mayor and Members of the City Council Members of the City Staff City of Iowa City From: Qavid M, Dirks, Senior Vice President Evensen Dodge Inc. Re: $3,450,000 General Obligation Capital Loan Notes Today, September 29, 1992, the sealed bids tabulated below were received, opened and reviewed. The bids reflect the excellent credit rating assigned to the issue by Moody's Investor Service. You should note the AA 1 Rating for this limited obligation is consistent with the City's AAA General Obligation Bond Rating. Bidder Address ($) NIC (%) NIIC 1. 520.542 5.1675 % 1.526,584,17 5,1880 % 1,534,?63.97 5.?141 % 1,541,661.05 5,2392 % 1.548,098,20 5,2611 % 1,554,774,58 5,2838 % Harris Trust ChicaQo I Chiles 'Heider-Lehman Bros Omaha Clayton Brown Chicago Kemper Security Chicago Dean Witter ChicaQo Griffin, Kubik ChicaQo Pi per Jaffray Minneapolis l,56q,?75 5.3331 % United Mi SSouri ~s Citv, MO 1,575,892,77 5.35562~~ % % We recommend award to Harris Trust of Chicago ~II t ..r . ... .. q '1 -, ~ Cl.)N ~Q\ =Q\ ~~ ~I =~ 000 ~~ Q ~ N.... t~ S~ ~~ ~ = = 0 o~ ~ ~ ll'l ... .......--.~_... .......... " " 01 01 ;,- ;;;'N "" I '-'1 ~ OlIO ~ 01 . "' . '" " ;;; . ~ " " " 01 ;::-N ~" '-"i OlIO N " "- .. ~ "- ~ . o " .. .. .; " III ~ ;; ~ ~ ;: ::l . ~ '" ... C\l co Ol ... ... co ~~ ll'l ~ ~ ... Ol ... ~ 1'- ~uaolad ---,.- ......--.- H III ~ u ~ " ~ Q o Q Z !:ol (f.J ~ z ~ ~ ~ !:ol cR./11 1.. ~ s Q) 'tl ~ o Q) ~ ~ ,~,. ---' J."fIf,_ , \(r-' NOTICE OF SALE Time and Place of Sealed Bids: Sealed bids for the sale of Notes of the City of Iowa City, Iowa, wili be received at the office of the Finance Officer, In the City of Iowa Cny, Iowa (the 'Issuer') at 12:00 o'clock p.m" on the 29th day of September, 1992. The bids wili then be publicly opened and referred for action to the meeting of the City Council as stated below, Sale and Award: The sale and award of the Notes wili be held at tho Council Chambers, Civic Center, 410 E. Washington Street at a meeting of the Cfty Council on the above date at 7:30 o'clock p,m, The Notes: The Notes to be offered are the following GENERAL CORPORATE PURPOSE GENERAL OBLIGATION CAPITAL LOAN NOTES, In the amount of $3,450,000 to be dated October 1, 1992 (the 'Notes') OIIlclal Statement: The Issuer has Issued an OIIiclal Statement of Information pertaining to the Notes to be offered, Including a statement of the Terms of Offering and an OIIiclal Bid Form, Which is incorporated by reference as a part of this notice, The Official Statement may be obtained by request addressed to the Finance OIIlcer, Civic Center, 410 E. Washington Street, Iowa City, Iowa, 52240; Telephone: (319) 356.5052, or the Cny's Financial Consuhant, Evensen Dodge, Inc" 222 South Ninth Street, Sune 3800, Minneapolis, Minnesota 55402; Telephone: (612) 338.3535. Terms of Offerlnq; All bids shall be In conformity with and the sale shall be In accordance with the Terms of Offering as set forth In the Ofllclal Statement. LOlIalOplnlon: Said Notes wili be sold subject to Ihe opinion of Ahlers, Cooney, DOlWeller, Haynie, Smllh & Allbee, P,C" Attorneys of Des Moines, Iowa, as to the legality and Ihelr opinion will be furnished together wnh the printed Notes without cost to the purchaser and all bids wili be so conditioned, Except to the extent necessary to Issue their opinion as to the legality of the Noles, the allorneys wili not examine or review or express any opinion wnh respect to the accuracy or completeness 01 documents, materials or statements made or furnished In connection wllh the sale, Issuance, or marketing of the Notes, The opinion wili be printed on the back of the Notes, Ri~hls Reserved: The right Is reserved to reject any or all bids, and to waive any Irregularnles as dsemed to be In the best Interests of the public, By order of the City Council of the cny of Iowa Cny, Iowa, ~/.::,/?U ,f: ~d City lerk of the City of Iowa City, Iowa "'dadrrt,lI-~III,_~oI ., I , ~III '.. \f' City of Iowa City MEMORANDUM DATE: September 24, 1992 TO: City Council and city Manager Don Yucuis, Finance Director ~ Resolution directing sale of $3,450,000 l5 year General Obligation Capital Loan Notes, FROM: RE: The attached resolution is incomplete as the bond sale will not occur until noon on Tuesday, September 29, 1992. A completed resolution will be presented at the Council meeting that evening. I am pleased to inform you that Moody's has rated these bonds AAl, a notch below a AAA because they do not have unlimited taxing authority like a true general obligation bond to repay the debt. As you are aware the bids to construct the new Chauncey Swan Parking Facility came in @ $2,907,500. After adding in a 5% contingency, the total revised project costs compared to the original estimates are as follows: Revised Oriqinal Difference Construction $ 3,052,875 3,937,042 -884,167 Lighting-college St.Bridge l2,200 Incl above + l2,200 Ramp Light Enclosures 24,800 Incl above + 24,800 Architects Fees 362,958 362,958 -0- city costs 27,000 27,000 -0- Bond discount 42,000 42,000 -0- Issuance Costs 31.000 31.000 -0- Totals $ 3,552,833 4,400,000 -847,l67 --------- --------- --------- --------- --------- --------- The City will issue bonds to pay for all of the costs rather than use $700,000 of Parking Reserves to offset some of the costs, Interest revenues will cover the majority of the difference between construction costs and bond proceeds, Please call me at 356-5052 with any questions, OJIII 0" ~ (f)fca RESOLUTION NO, 92-269 RESOLUTION AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT FOR OVERWIDTH PAVING ON GALWAY DRIVE, WHEREAS, as a condition of the approval of Galway Hills Subdivision, Part One, Iowa City,lowa, the City Council of Iowa City, Iowa, required the developer, Dav-Ed Limited, to install paving on sections of Galway Drive measuring 36 feet in width back to back of the curb; and WHEREAS, the City of Iowa City, Iowa, agreed to reimburse Dav-Ed Limited for the difference between the cost of Installing paving 36 feet in width and the cost of Installing paving 26 feet In width on Galway Drive; and WHEREAS, the City negotiated the attached Reimbursement Agreement for the cost of Installing the overwldth pavement; and WHEREAS, the City Council deems It in the public interest to enter into said agreement to reimburse Dav-Ed Limited for the additional cost of the overwldth paving, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the attached Reimbursement Agreement with Dav-Ed Limited. 2. That the City Clerk shall furnish caples of said agreement to any citizen requesting same. It was moved by AiDbtiscli and seconded by Horowitz adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: --X...- --X...- x x X- -X-.. -1L- Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 29th day of September , 1992, AlTEST: ~~~ -f ~~ CI CLERK 3m---. ~bY/lJ- n:\lega~pavlng.res ~113 .,(!'lM..... .4>IU ~ -. REIMBURSEMENT AGREEMENT This Agreement is made by and between Dav-Ed Umited (hereinafter "Dav-Ed) and the City of Iowa City, Iowa, a municipal corporation (hereinafter '1he City"). WHEREAS, Dav-Ed is the developer of Galway Hills Subdivision, Part One, Iowa City, Iowa; and WHEREAS, as a condition of the approval of said Subdivision, the City Council of the City of Iowa City, Iowa, required Dav-Ed to install paving on Galway Drive measuring 36 feet in width back-to- back of the curb; and WHEREAS, the City has agreed to reimburse Dav-Ed for the difference between the cost of Installing paving 36 feet in width and the cost of installing paving 28 feet In width on Galway Drive; and WHEREAS, pursuant to Iowa Code ~384,96, no bids were required because the difference In the cost of installing the paving was determined to be less than Twenty-Five Thousand Dollars ($25,000.00); and WHEREAS, Dav-Ed contracted for the paving of Galway Drive and has completed said paving: and WHEREAS, the City has determined $16,50 per square yard of paving at a total cost of $11 ,782,91 Is a fair and reasonable price for the cost of the additional pavement. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. Upon acceptance of the construction work and the street by the City, the City shall pay $11,782,91 to Dav-Ed as full payment for difference In cost between installing paving 36 feet in width and Installing paving 28 feet in width on Galway Drive. 3, Dav-Ed hereby acknowledges that nothing in this Agreement shall be deemed or construed to be a waiver of any of the ordinances, rules, regulations or specifications of the City of Iowa City and further agrees to comply with all such ordinances, rules, regulations and specifications and all of the laws of the State of Iowa, Dated this 29th day of September , 1992, CITY OF IOWA CITY ~.~~ Mayor By: ~(~ ~ &vJ CIt lerk ( By: ~24 c(llR."L iJ) ~U , M rga'i9/ M, Cahill, Secretary ~,,3 -, STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this a.~ !Iday of September, 1992, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William David Cahill and Margaret M, Cahill, to me personally known, who being by me duly sworn did say that they are the president and secretary of the corporation executing the within and foregoing Instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that they as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. , OFFICIAL SEAL ~'! Paul J. Mll8f<8 . , Notary Publlo-Iowa " 201228 My Camm. Exp, 9-23094 \--.. ~~ c in and for the State of STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2.9 !!' day of September, 1992, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Darrel G, Courtney and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said Instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Darrel G, Courtney and Marian K Karr acknowledged that execution of said Instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed, ~,~ Notary Public in and for the State of Iowa pweng\dav.ed,anc Approved By 3n--. City Attomoy'o 0 ell 9/a:19fL all3 .............-..-,...........- --.----.... ..____._._..-...o.Ir~-~ '-_1M. "'_11'__ '.. \~ - Il'}j~ RESOLUTION NO, 92-270 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF STREET IMPROVE- MENTS IN THE CITY OF IOWA CITY, IOWA. WHEREAS, this Council, after a study of the requirements, is of the opinion that it is necessary and desirable that portland cement concrete paving be constructed within Iowa City, Iowa, as hereinafter described; and WHEREAS, it is proposed that said project be constructed as a single improvement under the authority granted by Division IV of Chapter 384 of the Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: Subdivision A. Iowa City, Iowa, construct portland cement concrete paving, as hereinafter described. Subdivision B. The beginning and terminal points of said improvements shall be as follows: Construction of portland cement concrete pavement Class C, seven (7) inches thick, sidewalks, storm sewer, and incidental related work on Maiden Lane, south of Court Street and north of Prentiss Street. Subdivision C, The City Engineer of Iowa City, Iowa, having been employed as engineer to prepare plats, schedules, estimates, plans and specifications and otherwise to act in said capacity with respect to said project is hereby ordered to prepare and file with the City Clerk preliminary plans and specifications and estimates of the total cost of the work, and also the plat and schedule of special assessments against benefitted properties. Subdivision D, This Council hereby determines that all property within the area hereinafter described will be specially benefitted by said improvements, to-wit: All property abutting the improvements, Subdivision E. Said improvement shall be designated as the "Maiden Lane Paving Assessment , Project," and such name shall be a sufficient designation to refer to said improvement in all subsequent proceedings. It was moved by McDonald and seconded by Horm,ir. adopted, and upon roll call there were: the Resolution be rXJI~ I " . , -. Resolution No, Q?-?7n Page 2 AYES: NAYS: ABSENT: -L- x X x ~ ~ --L- Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 29th day of September ,1992. ATTEST: ~) crrrcLERK ,f ~w ,~ ~rovedJ!/ ~~~4 City Attorney's Office p;~$- ~"'- pwen,,\!tlmpIVI.re. ~IIY \1 '/ .j)sf C;; ;z r /'1). tv"",'/( 5"'''51011 ~ 7) {u'(I"d,<'>t ( ,S""I (~M j J THE CURRENT PLANS CALL FOR TWO WAY TRAFFIC ON THE REDEVELOPED MAIDEN LANE WITH APPROXIMATELY 30 PARKING SPACES ON THE WEST SIDE AND A 7 FOOT WIDE SIDEWALK ON THE WEST SIDE. MAIDEN LANE HAS HISTORICALLY FUNCTIONED M A DEFACTO ONE WAY STREET SOUTHBOUND. MOST VEHICLES ENTER THE STREET FROM COURT STREET. THERE IS LITTLE FOOT TRAFFIC ON MAIDEN LANE WITH THE EXCEPTION OF PERSONS LEAVING OR RETURNING TO THEIR VEHICLES. V ItV-J ClIII./ Iilf ~ I "'~'J'III r ','(I'" I'rlf) r: I IJ~p'll ,\Il. Ii I. III ~<,I ,\ f' ",' ~I'" " ___.__....OVW~..O'\'"__.,.,......,.,MM~...,.. -..,.....--....................,. _ ......... ""~......."'w_+_"......~".' ,...,.._~~,.._..~..,.... ~~~~ -, MAIDEN LANE PARKING LOAD 9/23/92 WED 5:30PM. 31 9/24/92 THUR 2PM 28 6PM 33 9PM 41 9/25/92 FRI 5:30PM 29 7 PM 43 10:30PM 53 9/26/92 SAT 2 PM 22 8:30 PM 51 AT NO TIME DURING THIS PERIOD WAS THE AVAILABLE SPACE FILLED WITH VEHICLES, CURRENTLY THE WEST SIDE OF MAIDEN LANE I S POSTED AS ONE HOUR PARKING, IT IS REGULARLY ENFORCED DURING DAYTIME HOURS AND OCCAISIONALLY ENFORCED DURING EVENING HOURS, THE EAST SIDE OF MAIDEN LANE FROM COURT STREET TO THE SOUTH END OF THE DUNLAP BUILDING (not property line) IS NOT POSTED OR REGULATED, IT IS GENERALLY OCCUPIED BY DOWNTOWN WORKERS' CARS AND VEHICLES STORED BY TENANTS OF ADJOINING APARTMENT BUILDINGS, THE EAST SIDE OF MAIDEN LANE FROM THE DUNLAP BUILDING TO HARRISON STREET IS POSTED NO PARKING 8AM TO 5:30 PM, rJ./lo/ '" / I I ,. 'i " . I , ~ COURT ST. rtJI '"0 N (j) j ~ -:l ~ ~~l w o Vi r-lARRISON 5T. ~ o 20 40 .~.-._....".-...-.......... ,..- .- - ,-.,. -. ' .- ~/tl/ef, d~\: ~J1'f , - , , , , , , ' ""\ RESOLUTION NO, 92-271 ,"''''-. , , m./<a RESOLUTION AUTHORIZING EXECUTION OF A PERMANENT SAMPLING WELL EASEMENT. WHEREAS, the City of Iowa City, Iowa, is required to monitor background groundwater quality at its landfill, and an off.site sampling well is necessary to accomplish this; and WHEREAS, the Public Works Department of the City of Iowa City, Iowa, has negotiated a sampling well agreement, which is attached hereto and incorporated by reference herein; and WHEREAS, the City Council deems it in the public interest to enter into said sampling well easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1. The said permanent easement, attached hereto and incorporated by reference herein, is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the sampling well easement agreement with Fay Hurt on behalf of the City of Iowa City. 3, The City Clerk is authorized and directed to cause certified copies of this resolution and executed copies of the easement agreement to be filed in the Office of the Johnson County Recorder's Office, at City expense. It was moved by Arnbrisco and seconded by HcDonald the Resolution be adopted, and upon roll call there were: A YES: NA YS: ABSENT: -X- --.:L --.:L x X- X- -X- Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 29th OOY'L~92 MAYOR Approved by,-;/, ATTEST: iJJ~/I~ -( .,c;;d~. 4~ dd-l-if' \, CITY CLERK Ci Attorn~y's Office 7-o? V- J-?. ?/ pWlngltampling,'I' f'." I~'I- v/Y,c:, i' ( ill" /1'- 11(oJ '~d,) . ~ ~-/ .:J 1/5 -, ""\ !,;.J.. , PERMANENT SAMPLING WELL EASEMENT AGREEMENT This Easement Agreement is made and entered into by and between Fay Hurt, a single person ("OWNER"), which expression shall include heirs, personal representatives, successors in interest and assigns, and the City of Iowa City, Iowa, a municipal corporation ("CITY'), which expression shall include its successors In interest and assigns, IN CONSIDERATION OF THEIR MUTUAL PROMISES AND FOR VALUABLE CONSIDERATION, PARTIES HEREBY AGREE AS FOLLOWS: 1 , Propertv Fay Hurt, hereafter OWNER, owns certain land located north of the Iowa City Landfill In Johnson County, Iowa, generally described as a part of the southeast quarter of the northwest quarter of Section 14, T79N, Range 7W of the 5th P.M, 2. Owner's RiQht to Convev Easement For the sole purpose of permitting the City of Iowa City, Iowa ("City") to dig and construct a two (2) Inch diameter Sampling Well on a portion of OWNER's Property, and to conduct testing of the ground water, the undersigned OWNER states that it Is the true OWNER of certain real property/land described in the plat attached hereto as Exhibit A, which Exhibit Is incorporated herein by reference, that OWNER is lawfully seized and possessed of said land, and that OWNER has good and lawful right to convey this Easement. 3. Permanent SamplinQ Well Easement For valuable consideration in the amount of $250, receipt of which is hereby acknowledged, and in further consideration of the mutual promises herein, OWNER conveys to CITY an exclusive Permanent Sampling Well Easement, for the purpose of constructing, operating, maintaining, repairing, using and reconstructing a two (2) Inch diameter Sampling Well and related appurtenances In, over, and across certain real property owned by OWNER and described ,In Exhibit A. Said Easement described In Exhibit A shall hereafter be referred to as "Easement Area," 4. CITY's Construction of SamplinQ Well CITY promises and covenants to construct a two (2) Inch diameter Sampling Well on OWNER's property, to be located on the Easement Area described in Exhibit A attached hereto, and to be used exclusively by the CITY for water sampling. CITY will maintain the perpetual responsibility and liability of the two-inch Sam piing Well. CITY agrees to use the Sam piing Weil solely for the purpose of periodically testing and monitoring water quality and water level of the groundwater located below and beneath OWNER's property and below the Easement Area, to determine groundwater contamination, If any, by the City's Landllll. CITY agrees to restrict its use of this Sampling Well to testing purposes, Including bailing and flushing of the Well for water samples, and will perform no pumping In the Sampilng Well, r::J./IS ....~.._...-. ..-....-..- ---...---...",..............-..- __~_..........,'_..__"'_~_......__....__t- ~. -11&. '" ----- 2 F'. . 5. CITY shall Profecf Sampllno Well and Restore Area CITY shall have the right to drill within the Easement Area, No permanent changes shall be made In ground elevation by the CiTY within the easement area without written permission from the OWNER indicating said ground elevation changes will not Interfere wllh OWNER's rights to operate, utilize and maintain its property and associated facilities. The CITY covenants and agrees to protect its Sampling Well during construction and monitoring, and to restore the Easement Area following construction to lis pre-construction condition, 6. CITY's Rlahts of Gradino In Easement Area City shall have the right to grade wllhin the Easement Area as CiTY may find reasonably necessary, and to trim and remove all trees and plants which may interfere wllh the exercise of the CITY's rights under this Easement Agreement. Timber and plants which are removed shall become the property of the CITY. CITY covenants and agrees that existing drives, lanes, fences, or other site features which are removed or disturbed in order to permit construction and to monitor the Sampling Well shall be replaced by CITY. 7, Grassv Areas Reseeded CITY and OWNER agree that CITY shall cause all grassy areas disturbed by the Installation, repair, or maintenance of the Sampling Well to be reseeded within a reasonable time after disturbance, taking into consideration soli and weather conditions. 8, OWNER's Rlahts Preserved OWNER reserves the right to use the real property described In Exhibit A for purposes which shall not Interfere with the CITY's full enjoyment of the rights granted In this Easement Agreement; provided, however, that OWNER shall not plant any trees, erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the Easement Area unless otherwise agreed upon by City, in writing. Nor shall OWNER allow or cause any substantial fill or cut to be made over said Easement Area without the written consent of the CITY. 9. CITY's Obllaation to Protect Sampllna Well CITY shall maintain the Sampling Well In good condition to protect groundwater from surface contaminants, and shall abandon and cap the well according to Iowa Department of Natural Resources speclllcatlons If, and when the Sampling Well Is no longer useful and OWNER elects not to assume ownership of the Sampling Well, CITY agrees to obtain all the necessary permits required for such Sampling Well, and to follow all applicable state and federal rules and regulations concerning such Sampling Wells, CITY agrees to provide Information to OWNER, as needed, in order to comply with Iowa's Groundwater Hazard Disclosure Statement, to be rIled upon transfer of real property In Iowa, and CITY further agrees to assist OWNER in completing such forms as may be required, from time to time, In the event of a land transfer. 10. OWNER's Obllaatlon not to Interfere with Sampllna Well OWNER agrees not to Interfere with, inject or in any manner contaminate CITY's Sampling Well within the Easement Area, and OWNER speclllcally agrees to inform CITY of any Interference, contamination or Intrusion, of whatever nature, Into the Sampling Well, and to do so regardless of the contamination source, whether the source Is known, unknown or identifiable. CITY olliS , , -, ....... 3 J.'~"~ acknowledges that OWNER shall not be responsible for acts of God or other acts of third parties, but OWNER affirmatively agrees to inform CITY of any such Intrusion, Interference or contamination of CITY's Sampling Well as soon as practicable from time of discovery, 11. Easement Aqreement Runs with the Land The provisions of this Easement Agreement, together with any subsequent Addenda, shall Inure to the benefit of and bind the successors and assigns of the PARTIES hereto, and all promises and covenants herein shall apply to and run with the land and with the title to the land. CITY agrees to record this Easement Agreement, upon OWNER's execution, at no cost to OWNER, 12, Indemnitv CITY agrees to hold OWNER harmless and to protect, defend and indemnify OWNER against any and all claims, damages, and liability, Including attorney's fees, that may arise out of this Agreement, including third-party claims, OWNER and CITY acknowledge that this Agreement shall not be construed to create any third-party beneficiary claims of any nature whatsoever. Dated this '7 day of M.J:; ,1992. OWNER By: ~ tJ.Aj- ~ JJr 1- Fay Hurt? Attest: 1r4~A'/oI') ,/( ~J M ian K. Karr, City Clerk Approved By ~ '1~~~4-- ily Attorney's Office f- 1'-1'-<....- *********** OWNER'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) , 1 9!!1Kefore me, the undersigned, a Notary d I said Coun y,' said State, personally appeared , to me known to be the identical person1ID. named in and who executed e It In and foregoing Instrument, and acknow ed that he she the executed the same as hl[!her/thelr) voluntary act and deed, I dollS I I . ' -. 4 r>'-<', , I .", CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this J::!!.. day of 1\')b~emb... ,f9jt, before me: &"d.rCl.ll. l;;r'b , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Cierk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained In (Ordinance) (Resolution) No. qe- 2. 'II passed (the Resolution adopted) by the Clly Council, under Roll Call No. ~ of the City Council on the l.'i '/"II day of _S~~..... , 19..9.L, and that Darrel G. Courtney and Marian K. Karr acknowledg~ instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by II voluntarily executed. pweng\easement\hurt ~nM~ Notary Public in and for the State of Iowa ~"5 -, "' \{~-- p,,; , lEGEND , ~ GOVERNMENT CORNER . PROPERTY CORNER ,'OIl ..,.... 1'1 ') I" I" ,~. I' :\1.... l'. :: , I,. I t I I,' " t too'~. (', ,; loo_ \1' : .0 ~IO _ 11<1 901~'_5'" 200 -0 g ~ -101 "", "18 b VI ~ EXISTING 50' ACCESS EASEMENT PROPOSED 10'x10' WELL EASEMENT W/5/8" IRON ROD TO BE SET AT EACH CORNER o o z S89'15'52"W. , N89'15' 52"E. 1109.68' , _1,109,59 S 89'15'52"W 1~09.51' S,W. CORNER, SE 1/4, N E 1/4, SEC, 14 DESCRIPTION OF ENTIRE TRACT: The North i and the SE * of the NE i of Section 14, Township 79 North, Renge 7 West of the 5th Principal Merldan except the area described as followed: Beginning at the SE corner of the NE * of said Section 14, thence S89015152"W 1309,51', thence NOo05'45"E 350', thence N89015152"E 2001, thance SOo05'45"W 300', thence N89015'52"E 1109,59', thence SOo11'31"W 501 to, the Point of Beginning, DESCRIPTION OF PROPOSED EASEMENT: ' Commencing at tha SE corner of the NE i of Section 14, Township 79 North, Range 7 West of the 5th Principal Merldan, thance NOo11131"E 100' to the north line of a 50' permanent access casement, thence SB9015'52"W along said north line 275' to a pin. ., , I' ,I I... ..~ a....._I......I...,. th"",,.,, c:no111'H"W 101 tn n EXHIBIT A SCALE.., I": 200' -~ b S,E. CORNER t,N,E.I/4 SEC. 14- T79N- R7W 5 TH P,M. ~ jij = , ,0 I III t i,' -. ~ 9'1~'_51" zoo -0 ~ ~ -1Il1 .'1', 'uio III V11Il 0 -81'1 b b Vl~ z EXISTING 50' ACCESS EASEMENT PROPOSED IO'xIO' WELL EASEMENT W/5/8" IRON ROD TO BE SET AT EACH CORNER i1i = , 10 I III S89' IS'SZ"W. N89'IS' 5Z"E, 1109.68' , _1,109.59 -2 t> S 89'15'52"W 1~09.5i' S,E. CORNER I,N,E.1/4 SEC. 14- T79N- R7W 5 TH P.M. S.W. CORNER, SE 1/4,NE 1/4, SEC. 14 DESCRIPTION OF ENTIRE TRACT: >' The North 1 and the SE i of the NE i of Section 14, Township 79 North, Range 7 West of the 5th Principal Merldan except the area described as followed: Beginning at the SE corner of the NE i of said Section 14, thence S89015'52"W 1309,51', thence NOo05'45"E 350', thence N89015'52"E 200', thence SOo05'45"W 300', thence N89015'52"E 1109,59', thence. SOo11'31"W 50' to, the Point of Beginning. DESCRIPTION OF PROPOSED EASEMENT: ' Commencing at the SE corner of the NE ! of Section 14, Township 79 North, Range 7 West of the 5th Principal Merldan, thance NOol1'31"E 100' to the north line of a 50' permanent access easement, thence S89015'52"W along said north line 275' to a pin, said pin being the point of beginning, thence SOo11'31"W 10' t~ a pin, thence S89015'52"W 10' to a pin, thence NOol1'31"E 10' to a pin on said north line, thence N89015'52"E 10' to the point of beginning, CITY OF IOWA CITY SANITARY LANDFILL PROPERTY OWNER: Fay Hurt TYPE OF EASEMENT: Sampllnq Well DATE: June 9. 1992 dJ/5 .. --........ .............._."..._...,,~,..._.... ..--.- .._.....~- .... .....,_ .......tn --. lA.U IT....M... '.. (,' RESOLUTION NO. 92-272 RESOLUTION TEMPORARILY CLOSING MELROSE AVENUE RIGHT-OF-WAY FROM THE EAST CURB LINE OF HAWKINS DRIVE TO THE WEST CURB LINE OF SOUTH GRAND AVENUE BETWEEN THE NORTH CURB LINE AND THE NORTH PROPERTY LINE OF MELROSE AVENUE AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. WHEREAS. the University of Iowa will be undertaking the construction of new hospital facilities and the construction and expansion of several utilities along Melrose Avenue; and WHEREAS. the University wishes to secure the construction site against pedestrian and vehicular traffic. while constructing utilities and obtaining on-site storage for construction equipment and vehicles so as not to interfere with traffic safety; and WHEREAS. parties acknowledge the need to use a portion of the Melrose Avenue right-of-way to install the several utilities along Melrose Avenue between Hawkins Drive and South Grand Avenue and also to provide on-site storage for construction equipment and materials in order to construct the facilities; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to impede traffic or endanger lives or property; and WHEREAS, an easement agreement for the temporary use of public right-of-way containing such conditions has been prepared and is attached to this resolution. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA. THAT: 1. The following public right-of-way is hereby temporarily closed: Melrose Avenue from the east curb line of Hawkins Drive to the west curb line of South Grand Avenue between the north curb line and the north property line of Melrose Avenue. Such temporary closing shall take effect beginning September 1, 1992 and ending upon substantial completion of the construction but no later than March 1, 1994. 2. The easement agreement for use of public rights-of-way attached hereto is approved, and the Mayor is hereby authorized to execute and the City Clerk to attest the easement agreement for and on behalf of the City of Iowa City for recordation in the Johnson County Recorder's Office at University expense, . 'i I , fYl-1'J ~ I/fp -, Resolution No. 92-272 Page 2 It was moved by Horowitz and seconded by adopted, and upon roll call there were: McDonald the Resolution be AYES: NAYS: ABSENT: X Ambrisco --x- Courtney ---x- Horowitz - -X- Kubby ...-X- Larson 2- McDonald X Novick Passed and approved this 29th day of September ,1992. ATTEST: ~~ .;!. AJ~ CIT LERK l~ APprO~y ~ ity Attorney's Office 'i -dI a-l'.:L-/ pwGdmin\meIIOIU" "_'''~''''r,'...._'..'.' - ill - -.--- -. ",i --.-,------- " "I , , ~II" I '.. \~ EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY This Agreement is made between the University of Iowa ("University") and the City of Iowa City, Iowa, a municipal corporation ("City"l, WHEREAS, the University will be undertaking the construction and expansion of University Hospital facilities and the installation of several utilities along Melrose Avenue between the east curb line of Hawkins Drive and the west curb line of South Grand Avenue; and WHEREAS, the University wishes to secure the construction site against pedestrian and vehicular traffic, while constructing utilities and obtaining on-site storage for construction equipment and vehicles so as not to interfere with traffic safety; and WHEREAS, parties acknowledge the need to use a portion of the Melrose Avenue right-of-way to install the several utilities along Melrose Avenue between Hawkins Drive and South Grand Avenue and also to provide on-site storage for construction equipment and materials in order to construct the facilities; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to impede traffic or endanger lives or property; and WHEREAS, it is in the best interests of the City to temporarily close a portion of the Melrose Avenue right-of-way in order to safely accommodate said construction. Now, therefore, in mutual consideration of the promises herein, parties agree as follows: 1. City agrees to temporarily close a portion of Melrose Avenue right-of-way as a reasonable method of accommodating the University's construction needs, and to assure safe usage of said right-of-way, to-wit: Melrose Avenue from the east curb line of Hawkins Drive to the west curb line of South Grand Avenue between the north curb line and the north property line of Melrose Avenue, 2, In consideration of the University's use of Melrose Avenue right-of-way during construction of the University Hospital facilities, the University agrees to secure its construction site against pedestrian and public traffic by fencing off the frontage along Melrose Avenue, and also agrees the fencing will be located nominally ten feet north of the Melrose Avenue north curb line, with allowance for the need to provide limited access for utility maintenance, and fire and other emergency access. 3. If deemed appropriate by the University, the University agrees to install, and maintain in good condition, a temporary asphalt sidewalk along the north curb line, 4. The University agrees to provide and keep in place, and keep in good working condition, signage necessary to: a) bl c) Route pedestrians, Provide advance warning, Provide for the orderly and predictable movement of traffic, ----------- ~II(, .._.._........L_'n_._..__........___....,,__......__..........t..--... rI1'f'__....._WIi.l~ ,._..... ~ -, 2 All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. 5. After construction is completed, University agrees to restore all rights-of-way temporarily closed to its pre-construction condition, and to the City's satisfaction. 6. Parties agree this Easement Agreement shall be in effect beginning September 1, 1992 and ending upon substantial completion of the work, but no later than March 1, 1994. 7. In the event of breach of this Agreement, City may, at its discretion, elect to give notice to the University to remove all construction equipment and/or obstructions from the City's Melrose Avenue right-of-way as provided in Section 364.12, Code of Iowa (1 991); and in the event the University does not comply within the time period designated in the Notice to Remove, City may elect to remove, or direct removal. of the equipment and/or any other obstructions from the right-of-way, and to assess the cost of such removal against the University. 8. The University agrees to indemnify, defend and hold the City harmless against any and all claims arising out of this Agreement, including any claims and/or liability which the City may incur as a result of its decision to permit installation of a fence, installation of a temporary sidewalk, and temporary storage of construction equipment and materials in and along the City's Melrose Avenue right-of-way to the full extent permitted by Chapter 25A, Code of Iowa (1991), entitled "Tort Claims," and according to the procedures set forth therein. 9. The University agrees to assume responsibility for property losses and personal injuries and claims of such damages arising out of its use of the street rights-of-way noted herein, which injuries or losses are incurred by reason of the negligence of the University or its agents or employees to the full extent permitted by Chapter 25A, Code of Iowa (19911. entitled "Tort Claims," and according to the procedures set forth therein. Dated and signed this ,}.Cjlll day of ~",be,.. CITY OF IOWA CITY, IOWA , 1992. UNIVERSITY OF IOWA BY:~~N~ Mic el J, Finne n University Business Ma ager ~b1/1~ Attest: ~J l. ~ Marian K. Kerr, City Clerk '1 /Z~ 1?2.- ~II" '.. 3 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this ~9 7'1J. day of ~.pl-.....b..", , 1992, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney end Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and seeled on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 91}- J7J passed (the Resolution adopted) by the City Council, under Roll Call No. """"'-- of the City Council on the J'i 70U day of Scp+.", b. ~ , 1992, and that Darrel G. Courtney and Marian K, Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~.~ Notary Public in and for the State of Iowa UNIVERSITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this :!.'1-f1.. da'{ of /, ..I-~,.d.Aj ,1992, before me, the undersigned, a Notary Public in and for the statlio~:: personally appeared Michael J. Finnegan and Douglas M. Young, to me personally known, who, being duly sworn by me, did say that they are the University Business Manager and Secretary of the Business Office respectively, that th(ltave authorit~ 0 act and are acting on behalf of the University of Iowa, as provided by li./ , and that as such these persons did execute the foregoing instrument as th voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents, Approved ~ ,uj ~ /(tw?)tL..,v~h.t:1" City Attorney's Office f-d.3 ~!.(,- pwadmin\rOWUI&,ea ~1I{1 -. \c; nH'i3 RESOLUTION NO. 92-273 RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH IOWA-ILLINOIS GAS AND ELECTRIC COMPANY FOR THE CHAUNCEY SWAN PARKING FACILITY PROJECT. WHEREAS, the City of Iowa City desires to construct the Chauncey Swan Parking Facility; and WHEREAS, the City has negotiated a temporary construction easement agreement with Iowa- Illinois Gas and Electric Company for the Chauncey Swan Parking Facility, a sample of which is attached hereto and incorporated by reference herein; and WHEREAS, the City Council deems it in the public interest to enter into said temporary construction easement agreement in order to construct the Chauncey Swan Parking Facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The example of said temporary easement, attached hereto and incorporated by reference herein, is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized to execute the Temporary Construc- tion Easement Agreement for the Chauncey Swan Parking Facility Project, using the form similar to the one attached hereto. 3. The City Clerk is hereby authorized and directed to cause certified copies of this resolution and execute copies of the easement agreement to be filed in the Office of the Johnson County Recorder's Office, at City expense, 4. The City Attorney's office is hereby directed to carry out any additional preparation and execution of documents, in order to carry out the full extent of this resolution to acquire an easement, as needed by the Chauncey Swan Parking Facility Project. It was moved by Hrnonnl rl and seconded by Hnrm<i t, adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x ,-- -1L- -L-- x x -X- Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 02/11 ..__ _tj~ ~;.....~' - !WHlt!.. .' ..- - -. Resolution No. 92-273 Page 2 Passed and approved this 29th September ,1992. day of if~ ATTEST: 'fnrc~;) ~ ~~ CITY LERK Attorney's Office i-dJ~1.L- pweng\pkglaeil,ru ~1I7 , '. , ' i , I ; I i , i I , i I i I .1 ! '.. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BElWEEN CITY OF IOWA CITY AND IOWA.IWNOIS GAS AND ELECTRIC COMPANY CONCERNING CHAUNCEY SWAN PLAZA PARKING FACIUlY This Easement Agreement is made and entered into by and between City of Iowa City, Iowa, a municipal corporation ("City') and Iowa-illinois Gas and Electric Company, an illinois corporation operating in Iowa City, Iowa ("Iowa-illinois"). WHEREAS, City proposes to construct a parking facility on City property located south of Washington Street and east of Gilbert Street In the area known as Chauncey Swan Plaza; and WHEREAS, said parking facility Is to be known as the "Chauncey Swan Plaza Parking Facility" (hereafter "Facility"); and WHEREAS, Iowa-Illinois operates an existing utility substation on property abutting portions of the City's proposed Facility; and WHEREAS, Iowa-illinois has agreed to enter Into a temporary construction easement agreement during City's construction of the Facility. NOW, THEREFORE, in consideration of their mutual promises and covenants herein, City and Iowa-Illinois agree as follows: 1. City Is a municipal corporation, authorized to construct a parking facility south of the Civic Center, to be known as the Chauncey Swan Plaza Parking Facility ("Facility"). ~117 -. - 2- 2. Iowa-illinois Is a corporation doing buslnoss In the state of Iowa, and owns certain property adjacent to and west of the City's proposed Facility, all as described on the plat attached her&io as Exhibit A and incorporated herein by reference. 3. Iowa. illinois hereby grants to City a temporary construction easement over the Easement Area designated on the attached plat, which temporary construction easement shall be the easterly eight (6) feet of the east fifty (50) feet except the south fifty (50) feet of Lot 6, Block 43, in Iowa City, Iowa, all as shown on Exhibit A attached hereto and incorporated by reference herein. 4. Iowa. illinois agrees to grant this temporary construction easement to the City for the purposes of the City's construction of a parking Facility, and further agrees this temporary construction easement shall extend for the duration of construction of the Facility. City and Iowa. Illinois specifically agree that this temporary construction easement shall be terminated upon formal acceptance of the Facility by the City Council as a public improvement, as provided by law, or shall terminate December 31, 1994, whichever Is earlier. 5, lowa.lllinols specifically agrees that upon thirty (30) calendar days written notice from the City, Iowa-illinois shall move or cause to be moved the fence now existing on Iowa- illinois' property described In Exhibit A, and to move said existing fence to a line eight (6) feet west of Iowa-Illinois' east property line, Parties agree that this temporary fence location shall also extend for the duration of the construction, as set forth in paragraph 4 above. City shall reimburse Iowa-illinois for all costs associated with relocating the fence to the temporary location and relocating It to Its permanent location, 01111 '0, - 3- 6, City specifically acknowledges that during construction of the City's parking Facility, Iowa-Illinois has the right to secure Its utility and substation via fence, as 10wa-lIiinols deems appropriate and as shown on Exhibit A. 7. Iowa-Illinois also agrees that this eight (8) foot temporary construction easement may be used by .the City and Its contractor for construction activnles, including but not limited to equipment storage, excavation and work staging areas, However, City agrees that prior to any excavation, City shall first obtain, via sounding equipment, location of any underground utilities, and shall first receive lowa.lliinols' permission prior to excavation, 8. Iowa-Illinois and City agree that upon completion and acceptance of the Facility by the City Council, as by law provided, Iowa-Illinois shall again secure the substation by a noncombustible fence, at a location selected by Iowa-Illinois, City shall reimburse 10wa-lIilnols for the cost of constructing such fence. 9, City agrees to repair any damages caused by the City within the temporary construction easement area, and shall Indemnify Iowa-illinois against any and all losses or damages which occur as a result of the City's negligent acts or omissions or wlliful misconduct. 10, Iowa-Illinois hereby covenants with the City that lowa.llilnois Is lawfully seized and possessed of the real estate described In Exhibit A, and that it has good and lawful right to convey the easement herein. c2 117 -...... ~.._-_.. M~_..__.._".....r_N____ -- II. ~ -4- 11. The provisions hereof shall Inure to the benefit of and bind successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at City expense. Dated this ~ day of ~~.fu.-.t/ ,1992, CITY OF IOWA CITY IOWA-ILLINOIS GAS AND ELECTRIC COMPANY BY:/~-. ~t S. E, Shelton 206 East Second StrWe President- Davenport, IA 52801 Electric Operation By' Darrel G. Courtney, Mayo Attest: ~/H) JJ. -JdvJ Maria K. Karr, City Clerk ""I~ Secreta (S L) .*....- CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Jq"11/ day of ~..l... ,1992, before me, Sol'ldl'Qot. _ M;t>\- , a Notary Public In and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument Is the corporate seal of the corporation; and that the instrument was signed and sealed on behalf of the corporallon, by authority of Its City Council, J.1I7 '.. .5- as contained in (QraIA8AGQ) (Resolution) No. qa.J'1~ passed (the Resolution adopted) by the City Council, under Roil Call No,""\.--o. of the City Council on the J. 9 ~. day of , 19jL, and that Darrel G, Courtney and Marian K. Karr acknowledged the xecutlon of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by It voluntarily executed, ScMML ~ Notary Pubilc In and for the State of Iowa 10WA.ILLlNOIS ACKNOWLEDGEMENT STATE OF IOWA ) ~ )SS: JOIINSON COUNTY ) On this S"Zi- day of 0 rJ:4-lw , 1992, before me, the un erslgned, a Notary Pubilc In and for the State of Iowa, personally appeared z. and 'X, 'rY1 JU....;,f.u , to me personally known, and who, being by me duly sworn, did say that they are thEf.Presldent and Secretary of 10WA.ILLlNOIS GAS AND ELECTRIC COMPANY, an illinois corporaYi'Sit, executing the foregoing Instrument, that the instrument was s19ned on behalf of said corporation, and that 4 ~ )..k Jr;;:. and X. Yh J.:u./L-t acknowledged the execution of the Instrument to be the voluntary act and B'eed of the corporation, by It and by them voluntarily executed, n:\cadata\tega~lng\talll,tea (R;];,j, ,Lt, (J" ~~ Notary Public In and f;ih~ ~tate of Iowa '(j'\ p.uiiiCiAi:CAMPBEU. I I t IolY COWlISSiIlIl EXPIRES 11,111I5 ~1'7 I I , EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT CHAUNCEY SWAN PARKING FACILITY PROJECT IOWA-ILLINOIS GAS AND ELECTRIC COMPANY TEMPORARY CONSTRUCTION EASEMENT The temporary construction easement consists of the easterly eight (8) feet of the east 50 feet of lot six (6) in block forty-three in the original town of Iowa city, in accordance with the plat thereof recorded in'deed book 10, at page 16, records of the Johnson County Recorder's Office, excepting the south 51,50 feet thereof. otll7 :' -.... .~---........ ..._._ ".. .~_..w.._~ _.._,_ _ -. .--~- , -, .. I I , , ~ IOWA.ILLINOIS GAS AND ELECTRIC COMPANY IOWA CITY. IOWA 52240 T. T. HOOGERWERF OISTRICTr.!ANAGER October 1, 1992 fH~GG:IVr.:D OCT 0 2 1992 CllY ATTORNEY'S OFFICE Linda Newman-Gentry, City Attorney City of Iowa City 410 E Washington street Iowa city, IA 52240 Re: Temporary Construction Easement - Chauncey Swan Plaza Area Dear Linda: Enclosed are two signed copies of the temporary construction easement agreement between the City of Iowa City and Iowa-Illinois Gas and Electric Company covering our substation property in the Chauncey Swan Plaza area, Please return one copy signed by the city as soon as possible, Sincerely, /114~-( TTH/Cp Attachment POST OFFICE BOX 1760. IOWA CITY, IOWA 52240, PHONE 319.338.9181 ~1I7 -.. \t TEMPORARY CONSTRUCTION EASEMENT AGREEMENT BETWEEN CITY OF IOWA CITY AND IOWA-ILLINOIS GAS AND ELECTRIC COMPANY CONCERNING CHAUNCEY SWAN PLAZA PARKING FACILIl'r This Easement Agreemfnt is made and entered into by and between City of (owa City, Iowa, a municipal corporation 'City") and Iowa-Illinois Gas and Electric C mpany, an Illinois corporation operating in Iowa City, Iowa ("Iowa-Illinois"). WHEREAS, City proposes to cons uct a parking facility on Ity property located south of Washington Street and east of Gilbert treet in the area k wn as Chauncey Swan Plaza; and (hereafter "Facility"); and WHEREAS. said parking facility is to be kno n as e "Chauncey Swan Plaza Parking Facility" WHEREAS, Iowa-Illinois operates an of the City's proposed Facility; a WHEREAS, Iowa-Illinois as agreed to enter into temporary construction easement agreement during City' construction of the Facility, E, in consideration of their mutual promises d covenants herein, City and City is a municipal corporation, authorized to construct a parking facility south , 'Z,""' ,,"W, '" b. 'oowo "th. Ch.~.V 'woo Fl." ,,,,,''' F"IIi~ 1"",i1i~'I, ;l/l7 I , , , '.. - 2 ' 2. Iowa-Illinois is a corporation doing business in the state of Iowa, and owns certain property adjacent to and west of the City's proposed Facility, all as described on the plat attached hereto as Exhibit A and incorporated herein by reference. 3. Iowa-Illinois he ' by grants to City a temporary construclion easement over the Easement Area designated on th attached plat, which temporarftruction easement shall be the easterly eight (8) feet of the ast fifty (50) feet except lie south fifty (501 feet of Lot 6, Block 43, in Iowa City, Iowa, all as hown on Exhibit A ttached hereto and incorporated 4. Iowa-Illinois agrees to grant thi mporary construction easement to the City by reference herein. for the purposes of the City's constructi of a parking Facility, and further agrees this temporary construction easement shall xtend for e duration of construction of the Facility, City and Iowa-Illinois specifically a ee that this te porary construction easement shall be terminated upon formal acce ance of the Facilit by the City Council as a public improvement, as provided b aw, or shall terminate Dec mber 31,1994, whichever is earlier. 5. Iowa-I nois specifically agrees that upon thirt (30) calendar days written notice from the City, 10 a-Illinois shall move or cause to be moved t fence now existing on Iowa- Illinois' proper y described in Exhibit A, and to move said exist in fence to a line eight (8) feet west of 10 a-Illinois' east property line, Parties agree that this tem orary fence location shall also extend for the duration of the construction, as set forth in paragril~ 4 above. City shall reimburse Iowa-Illinois for all costs associated with relocating the fenc~ to the temporary location and relocating it to its permanent location. r2.1I7 ...-... ...... -- ._.~..u___ ---....- '....u Ul_ Dr _ '.. - 3 . 6. City specifically acknowledges that during construction of the City's parking Facility ,Iowa-Illinois has the right to secure its utility and substation via fence, as Iowa-Illinois deems appropriate and as shown on Exhibit A, 7. Iowa-Illinois also agree thatthiseight (8) foot temporary construction easement may be used by the City and its contra or for construction activities. including but n~ limited to equipment storage, excavation and ork staging areas. However, City agr !that prior to any excavation, City shall first obtain, vi sounding equipment. location of utilities. and shall first receive Iowa-Illinois' ermission prior to excav Ion. 8. Iowa-Illinois and City agree that u n comple, and acceptance of the Facility by the City Council. as by law provided. 10wa.1l1i ois ~a1I again secure the substation by a noncombustible fence, ata location selected by 10 4IIinois. City shall reimburse Iowa-Illinois for the cost of constructing such fence, 9. City agrees to repairl damages cau ed by the City within the temporary construction easement area. ano/shall indemnify Iowa Illinois against any and all losses or damages which occur as a/~sult of the City's neg igent acts or omissions or willful I I / / / I i 1 O. low~illlinois hereby covenants with the City t\t Iowa-Illinois is lawfully seized and possessed 7( the real estate described in Exhibit A. and that it has good and lawful right , I to convey the' easement herein, " ! misconduct. .: / ;Z 1/7 -, - 4. 11. The provisions hereof shall inure to the benefit of and bind successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at City expense. Dated this day of ,1992. President 206 East Second Street Davenport, IA 52801 Attest: Secretary (SEAL) Approved By . * . . * . ) ) SS: JOHNSO COUNTY) \ \ , , On thi 0JI11ll day of ~&",bn , 1992, before me, St,.,~N:( FOM- , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, ~J17 " '.. - 5- by authority of its City Council, as contained in (O,di"a"Ge) (Resolution) No. 9./J. d?3 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the Otq 7U day of s.pft"'J"" , 19.1l-, and that Darrel G. Courtney and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the v untary act and deed of the corporation, by it voluntarily executed. STATE OF IOWA I ) SS: JOHNSON COUNTY) ~~ Notary Public in a~d for the State of Iowa I / / I On this day of / , 1992, before me, the undersigned, a Notary Public in and for the State of Iowa, p rSo/lally appeared , . and , to me person IJy known, and who, being by me duly sworn, did say that they are the President and Secretar 'of IOWA-ILLINOIS GAS AND ELECTRIC COMPANY, an Illinois corporation, executing the fore oing instrument, that the instrument was signed on behalf of said corporation, and that / and acknowledged the execution of/the ins rument to be the voluntary act and deed of the corporation, by it and by the~lvoluntaril executed. 10WA-ILLlN IS ACKNOWLEDGEME T otary Public in and for the State of Iowa n :Iead a tallagalllngliaill, I. a / \ \ '. all, " I , , -, .--- ; I / E IBIT "A" / TEMPORARY CONSTRUCTION EA~EMENT CHAUNCEY SWAN PARKING FAC~rY PROJECT IOWA-ILLINOIS GAS AND ELE TRIC COM ~Y TEMPORARY CONSTRUCTION EAS ENT The temporary construction e , ement consists of the easterly eight (8) feet of the east 50 fee of lot six (6) in block forty-three in the original town of tow City, in accordance with the plat thereof recorded in deed bo k 10, at page l6, records of the Johnson County Recorder'i s off ce, excepting the south 51. 50 feet thereof, ,/ / / I I , / , , , I / / I / I I .! \ \ \ \ , \ \ , .. , \ '- .2117' -.. \~ mi'j RESOLUTION NO. 92-274 RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING, WHEREAS, the Public Employment Relations Board has recognized that Library Boards are the employers of Library employees within the meaning of Chapter 20 of the 1991 Code of Iowa; and WHEREAS, this same Chapter 20 permits cooperation and coordination of bargaining between two or more bargaining units; and WHEREAS, coordination would be beneficial to both parties given the Iowa City Council's financial responsibility and the Iowa City Library Board's administrative responsibilities for library service in Iowa City; and WHEREAS, procedures are necessary to make this coordination effective; and WHEREAS, the Iowa City Library Board of Trustees and the City Council of the City of Iowa City wish to enter into a Joint agreement to coordinate negotiating procedures for purposes of collective bargaining, a copy of which agreement is attached to this resolution as "Exhibit A," and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor be authorized to sign, and the City Clerk to attest, this resolution, and the attached Joint agreement between the Iowa City Library Board of Trustees and the City Council of the City of Iowa City, Iowa, to coordinate negotiating procedures for purposes of collective bargaining. It was moved by HcDonald and seconded by Horowitz adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x - x X ---J\- X y. --+- Passed and approved this Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 29th day of September , 1992. ~~ Approved by ~ 't~)}~vdLr . i1y Attorney's Office ;F-/(/ ~f.12- ATTEST:J<<,Q~/,J ~ ~A) CIT CLERK Iibnegotres ~ 111 '.. \- \ --. " I , II~ll@\ JIHI WI JOINT AGREEMENT BEIWEEN IOWA CITY LIBRARY BOARD OF TRUSTEES AND TI.IE CITY COUNCIL OF IOWA CITY TO COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAiNING An agreemenlmade and enlered lhls dq TI1 day 01 SpiFo...""b~.... , 19'92 by and belweenthe CUy Council or Iowa CUy, Iowa, and Ihe Boar or Trustees of the Iowa CUy Public Library, Iowa CUy, Iowa. WHEREAS, Ihe Public Employmenl Relallons Board has recognized thai Library Board are the employers or Library employees wUhinlhe meaning or Chapler 20 01 Ihe 1991Code or Iowa, and WHEREAS, this same Chapler 2D permits cooperallon and coordlnallon 01 bargaining between Iwo or more bargaining units, and WHEREAS, coordinallon would be benellclal 10 bolh parlles given the Iowa City Council's financial responsibility and the Iowa City Library Board's admlnlslrallve responslbllllles lor library service in Iowa City, and WHEREAS, procedures are necessary 10 maim Ihls coordlnallon eflecllve. NOW, THEREFORE, BE iT AGREED AS FOLLOWS: 1. BollI bodies will bargain In coordlnallon with the duly appolnled represenlallves 01 their respecllve employee organlzallon. 2. The Library Board will designale Ihe City Manager 01 Iowa City or 1)ls designee as the bargaining represenlallve lor Ihe iowa City Public Library Board 01 Truslees, 3. Tile Library Director or her designee will be a member 01 the negollallng teain and shall represenllhe Iowa City Public Library Board 01 Truslees In Issues of spe'cll/c concern 10 library opera lions and/or library employees, ' 4. The Iowa City Public Library Board of Truslees will be nolllled of all execullve sessions or Ihe City Council of Iowa City called for the purpose or discussing conlract rieg,ollallons. 5, Subsequenllo any negollated conlracl, lhe Library Director will be represented on any grievance commillee for l11ed as a condillon ollllal contract. 6. This agreemenl shali cover the period from dale 01 adopllon IInougll the conlracl covering I brary employees whlcll will begin July 1, 1993 Q/"'-9 J 9~ Dale I , COLL~11 t ~ ~"w,~.,",~_""'_' ...- .,... ~"'''''.'~.'''~'''~' .~_.... ..-.,"'. .Li'............~.._.,._.,.._,.......,.........._,....-...._M_........--..""'.....~"IN'....