HomeMy WebLinkAbout2006-09-05 Resolution
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Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 06-279
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct
tax required by law for the sale of cigarettes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue
a permit to the following named persons and firms to sell cigarettes:
Liquor Downtown - 315 S. Gilbert Street
Passed and approved this 5th
day of (;Ir ::=- .
_ t~ l ~ .
MAYOR
ATTEST: ~-U'.J I!. k2~
CIT CLERK
Approved by
~~ \'5'"...()~
City Attorney's Office
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
Correia
the
AYES:
--1L-
x
X
----x-
NAYS:
ABSENT:
_ Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
--1L-
X
X
M~qo
v
[;l[
Prepared by: Kevin O'Malley. Finance Director, 410 E. Washington St.. Iowa City, IA 52240 (319)356-5053
RESOLUTION NO. 06-280
RESOLUTION SETTING PUBLIC HEARING ON
AMENDING THE FY2007 OPERATING BUDGET.
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a public hearing will be
held in Harvat Hall, City Hall, 410 E. Washington Street, at 7:00 p.m., September 19, 2006, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2007
Operating Budget.
The City Clerk is hereby directed to give notice of said public hearing and time and place thereof
by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not
less than ten (10) days and not more than twenty (20) days before the time set for such hearing.
Passed and approved this 'ith
day of
September
,20....Q.6..
~l)YL
MAYOR
ATTEST: n~~ J(. ~
CITY LERK
a:~~
City Attorney's Office
'g-3V.-OIP
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
y
y
x
finadm\resloperbdg07 _doc
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Prepared by:: Kumi Morris, Engineering Division, 410 E. Washington St., Iowa City, IA 52240, (319)356-5044
RESOLUTION NO. 06-281
RESOLUTION SETTING A PUBLIC HEARING ON SEPTEMBER 19, 2006, ON
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST
FOR THE CONSTRUCTION OF THE HOUSING AND INSPECTIONS
REMODELING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID
PLANS ON FILE FOR PUBLIC INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1 . That a publiC hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 19th day of
September, 2006, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall. Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and 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.
Passed and approved this ~th
d"Of~wL
MAYOR
ATTEST: ~uJ II. J0M)
CI LERK
!/lprove0
, ~rneY's Office
1$(""" (~v
Pweng/reslhsginspecremodelsetph.doc
8/06
Resolution No.
Page 2
06-281
It was moved by Chamn; on and seconded by
adopted, and upon roll call there were:
AYES:
x
x
y
y
x
x
y
NAYS:
ABSENT:
Correia
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
~ ~uL
Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Box 2450, Iowa City, fA 52244, 319.339.6100
RESOLUTION NO. 06-282
RESOLUTION ACCEPTING PAYMENT OF $300.00 CIVIL PENALTY AND
WAIVER OF RIGHT TO HEARING FROM F AREW A Y STORES, INe. #034
WHEREAS, on May 25, 2006, an employee of Fareway Stores, Inc. #034, 2765
Commerce Drive, Iowa City, violated Iowa Code S 453A.2(1) by selling or providing
tobacco to a minor; and
WHEREAS, at the time of this violation Fareway Stores, Inc. #034 was operating under a
retail cigarette permit issued by the City of Iowa City; and
WHEREAS, pursuant to Iowa Code S 453A.22(2), an establishment which holds a retail
cigarette permit is subject to a civil penalty of $300.00 as a result of its employee
violating Iowa Code S 453A.2(1), after a hearing and proper notice; and
WHEREAS, on August 25, 2006, Fareway Stores, Inc. #034 waived its right to the
hearing required by Iowa Code S 453A.22(2) and accepted responsibility for its
employee's violation ofIowa Code S 453A.2(1), by paying a $300.00 civil penalty to the
City Clerk of the City ofIowa City; and
WHEREAS, the violation underlying the above civil penalty is the first such violation by
an employee of Fareway Stores, Inc. #034 within a two year period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY CITY
COUNCIL that the City Council should accept the waiver of right to hearing and
payment of $300.00 civil penalty on behalf of Fareway Stores, Inc. #034.
BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this
Resolution to the Johnson County Attorney's Office, which will then provide a copy of
the same to the retail cigarette permit holder via regular mail sent to the permit holder's
place of business as it appears on the application for a retail cigarette permit.
PASSED AND APPROVED: S"pt"mhpr 'i, 7006
~U;QL-
Mayor, City of Iowa City
ATTEST: )J~ k. -Ka-uJ
City erk, City ofIowa City
Resolution No.
Page 2
06-282
It was moved by r.hampi on and seconded by
adopted, and upon roll call there were:
AYES:
x
X
X
X
y
y
x
NAYS:
Corrp.;,q
ABSENT:
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
M,t2)
I][
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 06-283
RESOLUTION ADOPTING THE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
WHEREAS, emergency response to critical incidents, whether natural or manmade, requires
integrated professional management; and
WHEREAS, unified command of such incidents is recognized as the management model to
maximize the public safety response; and
WHEREAS, the National Incident Management System, herein referred to as NIMS, has been
identified by the Federal Government as being the requisite emergency management system for
all political subdivisions; and
WHEREAS, failure to adopt NIMS as the requisite emergency management system may preclude
reimbursement to the political subdivision for costs expended during and after a declared
emergency or disaster, and for training and preparation for such disasters or emergencies; and
WHEREAS, the City of Iowa City has successfully completed the FY2006 NIMS compliance
activities and is NIMS compliant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The City Council of the City of Iowa City hereby adopts the NIMS concept of
emergency planning and unified command as its system of preparing for and
responding to emergencies, and directs that City officers and employees responsible
for emergency management be trained in the use of NIMS.
2. The Mayor is authorized to sign the attached NIMS Statement of Compliance.
Passed and approved this 5 t h
day of Seotember
~i~
MAYOR
, 20--1lL.
)j~~
ATTEST: fh~.A~ -K. ~MJ
~LERK
Arr::
!h.Ok ?/~v/lJ('"
City Attorney's Office
Legal\eleanor\res\NIMS.doc
Resolution No.
Page ?
06-281
It was moved by Champ; on and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
J[
x
x
x
x
x
X
ABSENT:
Correia
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
National Incident Management System
(NIMS)
Statement of Compliance
City of Iowa City, Iowa
I certify that the City ofIowa City, Iowa, has successfully completed the
following FY 2006 NIMS compliance activities and is NIMS compliant.
1) Adopted NIMS at the community level for all government
departments and agencies; and has as promoted and encouraged
NIMS adoption by associations, utilities, non-governmental
organizations (NGOs), and private sector incident management and
response organizations.
2) Incorporated ICS organizational structures, as defined in NIMS, into
response plans and will manage all emergency incidents and
preplanned events in accordance with ICS. ICS implementation will
include the consistent application ofIncident Action Planning and
Common Communication Plans.
3) Coordinated and supported emergency incident and event
management through development and use of integrated multi-agency
coordination systems, i.e. Emergency Operations Centers (EOC's).
4) Implemented processes, procedures, and lor plans to communicate
timely, accurate information to the public during an incident through a
Joint Information System and Joint Information Center.
5) Develop and implement a system to coordinate all federal
preparedness funding to implement the NIMS across the community.
6) Revised and updated plans and SOPs to incorporate NIMS
components, principles and policies, to include planning, training,
response, exercises, equipment, evaluation, and corrective actions.
1
7) Participated in and promoted intrastate and interagency mutual aid
agreements, including agreements with the private sector and non-
governmental organizations.
8) Appropriate personnel have completed IS-700; An Introduction to
NIMS.
9) Appropriate personnel have completed IS-800 NRP; An Introduction
to National Response Plan (NRP).
10) Appropriate personnel have completed ICS 100 and ICS 200
Training; Awareness and Basic Incident Command Training or
equivalent.
II) Incorporated NIMS/ICS into all local and regional training and
exercises.
12) Participated in a NIMS all-hazard exercise program that involved
responders from multiple disciplines and multiple jurisdictions.
13) Incorporated corrective actions into preparedness and response
plans and procedures.
14) Inventoried community response assets to conform to homeland
security resource typing standards.
15) Ensured that all relevant national standards and guidance to achieve
equipment, communication, and data interoperability have been
incorporated into acquisition programs, to the extent permissible by
law.
16) Applied standardized and consistent terminology, including the
establishment of plain English communications standards across
public safety sector.
~11~
Sign
x 0 ~~ U:r. ~Wl.{V
Print name
Mavor
Title (Mayor/Board Chair/CEO)
Seutember ,. 2006
Date
2
M~8
D;:
Prepared by: John Yapp, JCCOG, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. Oh-?Rb
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR FUNDING FROM THE
IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FOR THE FIRST
AVENUE/IOWA INTERSTATE RAILROAD GRADE SEPARATION PROJECT
WHEREAS, the Iowa Department of Transportation has made funds available for projects to
reduce vehicle emissions; and
WHEREAS, First Avenue in Iowa City is an important arterial street that carries over 20,000
vehicles per day and is a primary emergency response route; and
WHEREAS, delay on First Avenue caused by trains blocking traffic flow causes traffic congestion,
which produces excessive levels of vehicle emissions; and
WHEREAS, a First Avenue/Iowa Interstate Railroad grade separation project has been developed
which will eliminate train blockages; and
WHEREAS, outside funding sources such as the Iowa Clean Air Attainment Program will be
required to complete the grade separation project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. Staff is authorized to submit an application to the Iowa Department of Transportation for
Iowa Clean Air Attainment Program funds.
2. Staff is authorized to file any additional documentation that is required by the Iowa
Department of Transportation.
3. The City agrees to maintain any and all public infrastructure required to complete the grade
separation project for the project's useful life if funding is approved.
4. The City of Iowa City agrees to commit to the 20% matching funds for project
implementation and to the 5% matching funds required from the railroad or another party
per CFR Title 23 Section 646.210(d).
5. The Mayor is authorized to sign the application form and any subsequent grant contracts
with the Iowa Department of Transportation.
Passed and approved this ,..h
day of ~~pt~wb~~ ,2006.
@U1-
ATTEST: ~",,~..,J -)/ ~.uJ
CI LERK
:i~ fd}&lor-
Resolution No.. Oh-?R4
Page 2
It was moved by Chamuion and seconded by
adopted, and upon roll call there were:
C.nrrp-i~
AYES:
NAYS:
ABSENT:
y
x
X
X
X
X
y
jccogtplres/1 stAve-gradesep.doc
the Resolution be
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
M~ rn:
Prepared by; Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 06-285
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST TO THE RELEASE OF LIENS REGARDING AN AGREEMENT
AND AN AMENDED AGREEMENT FOR THE PROPERTY LOCATED AT 611,
613,615,619,625, AND 627 IOWA AVENUE, IOWA CITY, IOWA.
WHEREAS, on September 9, 1994, the owner executed an Agreement with the City of
Iowa City; and
WHEREAS, on June 12, 1997, the owner executed an Amended Agreement; and
WHEREAS, the terms of the loan have been satisfied; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the
attached Release of Liens for recordation, whereby the City does release the property
located at 611, 613, 615, 619, 625, and 627 Iowa Avenue, Iowa City, Iowa from an
Agreement, recorded October 25, 1995, Book 2176, Page 18 through Page 30, and an
Amended Agreement, recorded June 13, 1997, Book 2287, Page 13 through Page 16, of
the Johnson County Recorder's Office.
Passed and approved this ~th
day of SeDtember , 20..l!.6...-.
~ l J.O(l
MAYOR
.
A TTEST:~C~ERK) 1/ . e/<!r; },,\)
~e~~~
~ "8'"-;0'~
City Attorney's Office
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
Correia
the
AYES:
NAYS:
ABSENT:
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
J[
x
x
x
x
J[
Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St" Iowa City, IA 52240 (319)356-5246
Legal Description of Property: see below
Mortgagor(s): Richard Patschull
Mortgagee: City of Iowa City
RELEASE OF LIENS
The City Df Iowa City dDes hereby release the property at 611, 613, 615, 619, 625, and 627
Iowa Avenue, Iowa City, Iowa, and legally described as follows:
The west half of Lot 1, Lot 2 and Lot 3, all in Block 24 in the Original Plat of Iowa City.
from an obligation of the owner, Richard Pattschull, to the City of Iowa City represented by an
Amendment, ecorded October 25, 1995, Book 2176, Page 18 through Page 30, and an
Amended Agreement, recorded June 13, 1997, Book 2287, Page 13 through Page 16, of the
Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said prior reco~U ~
MAYOR
ATTEST: ~.;.! ~
CITY ERK
ApprovRY ~
~~ %_30'0""
City Attomey's Office
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
+~ S
On this S day of aprLol $E.r.! , A.D. 20~, before me, the unde"'igned, a Notary Public in and for said County, in
said State, pe",onally appeared Ross Wilburn and Marian K. Karr, to me pe",onally known, who being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively I of said municipal corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. .,.-Z6hdopted by the City Council on the ~ day $.,,~te. ,
20~ and that the said Ross Wilburn and Marian K. Karr as such office", acknowledged the execution of said instrument to be the
voluntary act and deed of said corporation, by it and by them voluntarily executed.
. hi SONDRAEFOA:'t'.:
i t. Commission Number~1
, . My Commission Explroa
w ,~, 'e" "
s.~ F_-b
Notary Public in and for Johnson County, Iowa
~~
r ;f7;; 1
Prepared by: Ronald Knoche, City Engineer. 410 E. Washington St.. Iowa City, IA 52240 (319) 356-5138
RESOLUTION NO. 06-286
RESOLUTION ACCEPTING THE WORK FOR THE SOUTH GILBERT
STREET/SAND ROAD IMPROVEMENTS - NAPOLEON LANE TO SYCAMORE
STREET PROJECT
WHEREAS. the Engineering Division has recommended that the work for construction of the
. South Gilbert/Sand Road Improvements - Napoleon Lane to Sycamore Street project, as included
in a contract between the City of Iowa City and Metro Pavers, Inc. of Iowa City, Iowa, dated
February 28, 2006, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $1,417,603.25.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 5th
d'Yof '~"""., . 20" .
Ud\L {~ J J2Q~~ -
MAYOR
ATTEST:~.<~_..,J ~. ~
CITY LERK
Approved by
, /7
'f/;f~~ ,&/~~/00
City Attorney's Office
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
X
X
X
X
X
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
pweng/reslgilbert-sand-acptwrk.doc
M1J
~
Prepared by:Sarah Okerlund, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149
RESOLUTION NO. 06-287
RESOLUTION ACCEPTING THE WORK FOR THE RIDGE ROAD WATER MAIN
BORING PROJECT.
WHEREAS, the Engineering Division has recommended that the work for construction of the
Ridge Road Water Main Boring Project, as included in a contract between the City of Iowa City
and Gaylord Construction, Inc. of Fort Madison, Iowa, dated August 8, 2006, be accepted; and
WHEREAS, the Engineer's Report and the performance and payment bond have been filed in the
City Clerk's office; and
WHEREAS, the final contract price is $19,850.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this
5th
day of
Q;u~
MAYOR
Approved by
ATTEST: ~1~A-UJ k. ~~
CITY LERK
/f1fl~~
dty Attorney's ffice
~..""Iuv
It was moved by Champion and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES:
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
X
X
X
X
X
pwenglreslridgerord accept.doc
8106
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Prepared by: Denny Gannon. Assl. City Engineer. 410 E. Washington SI., Iowa City. IA 52240 (319) 356-5142
RESOLUTION NO. 06-288
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND WATER MAIN
IMPROVEMENTS FOR LOT 2 OF WINDSOR RIDGE - PART TWENTY-ONE (BUILDINGS
ADDRESSED 4954, 4956, 4958,... 4976 E. COURT STREET; 221. 223, 225.... 231 S. TAFT
AVENUE; 261, 263. 265,... 283 S. TAFT AVENUE; AND 301, 303, 305.... 323 S. TAFT
AVENUE) AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND
USE.
WHEREAS. the Engineering Division has certified that the following improvements have been completed in
accordance with the plans and specifications of the City of Iowa City:
Sanitary sewer and water main improvements for Lot 2 of Windsor Ridge - Part Twenty-One
(Buildings Addressed 4954. 4956. 4958,... 4976 E. Court Street; 221. 223, 225,... 231 S. Taft
Avenue; 261, 263, 265.... 283 S. Taft Avenue; and 301, 303, 305.... 323 S. Taft Avenue). as
constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa.
WHEREAS. the maintenance bonds have been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT said improvements are hereby accepted by the City of Iowa City. Iowa and that all dedications and
public improvements previously set aside as not being open for public access are hereby formally accepted
and declared open for public access and use.
Passed and approved this 5th day of September
~L JlrlL
MAYOR
ATTEST:~~ 1/. ~~
CI LERK
Approved by
Itii~~ Zs/~/I/b
It was moved by Champion
and upon roll call there were:
and seconded by
Correia
the Resolution be adopted,
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
1("
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
pwenglreslwindsorpt21-lo12 .doc
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:f~ai~'"'-
~'!<'ST"IIIII'
.......~
CITY OF IOWA CITY
~\h
4] 0 East Washington Street
low. City. Iowa 52240.1826
(319) 356-5000
(319) 356-5009 FAX
www.icgov.org
ENGINEER'S REPORT
August 25, 2006
Honorable Mayor and City Council
Iowa City, Iowa
Re: Lot 2 of Windsor Ridge - Part Twenty-One (Buildings Addressed 4954, 4956, 4958,...
4976 E. Court Street; 221,223,225,...231 S. Taft Avenue; 261,263,265,... 283 S. Taft
Avenue; and 301, 303, 305,... 323 S. Taft Avenue)
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer and water main public improvements
for Lot 2 of Windsor Ridge - Part Twenty-One (Buildings Addressed 4954, 4956, 4958,... 4976
E. Court Street; 221,223,225,...231 S. Taft Avenue; 261, 263, 265,... 283 S. Taft Avenue;
and 301, 303, 305,... 323 S. Taft Avenue) have been completed in substantial accordance with
the plans and specifications of the Engineering Division of the City of Iowa City. The required
maintenance bonds are on file in the City Clerk's office for the sanitary sewer and water main
improvements constructed by Bockenstedt Excavating, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
-:eJ7Z t
Ronald R. Knoche, P.E.
City Engineer
pweng\letlers\engrpl-lo12pl21windsorrdg.dOC
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4. G.- 3
Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043
RESOLUTION NO. 06-289
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made application and paid the mulct
tax required by law for the sale of cigarettes,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA, THAT: the applications be granted and the City Clerk is hereby directed to issue
a permit to the following named persons and firms to sell cigarettes:
Casey's Marketing Company dba Dubuque Street HandiMart #2761 -- 204 N.
Dubuque Street
Casey's Marketing Company dba Sunset HandiMart #2781 -- 1410 Willow Creek Drive
Passed and approved this 5th
day of
c;r;r L ) lfQ::
MAYOR ~
Approved by
~~
\,S--O~
ATTEST: r1Y'-1~~...) k ~A~
CIT CLERK
City Attorney's Office
It was moved by Champion and seconded by
Resolution be adopted, and upon roll call there were:
Bailey
the
AYES:
----X-
X
X
----X-
X
-
x
--'L-
NAYS:
ABSENT:
_ Bailey
_ Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
rY\J,1 ,.....,
o uL..I
Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240
RESOLUTION NO. 06-290
RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE
NEAR SOUTHSIDE DESIGN PLAN TO CONSIDER CENTRAL BUSINESS (CB-
10) ZONING SOUTH OF BURLINGTON STREET
WHEREAS, the Near South Side Design Plan is an element of the Comprehensive Plan; and
WHEREAS, the Near South Side Design Plan contains a vision for the expansion of downtown
south of Burlington Street; and
WHEREAS, the plan indicates that CB-5 is the appropriate zoning category for the territory
generally located south of Burlington Street, north of Court Street, west of Gilbert Street and east
of Madison Street; and
WHEREAS, the Planning and Zoning Commission has studied the Near Souths ide Design Plan
and recommends that CB-10 zoning be considered between Court and Burlington Streets, based
on the property providing a logical extension of the downtown and adequate services for the
density proposed; and
WHEREAS, the addition of areas zoned Central Business District (CB-10) south of Burlington
Street may help direct the market for high-rise development away from the historic core of
downtown; and
WHEREAS, additional land zoned for CB-10 development may encourage a diversity of housing
types in the downtown while at the same time providing for areas of commercial growth; and
WHEREAS, the Planning and Zoning Commission and City Council will consider the potential CB-
10 zoning in the Near South Side based on this criteria.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
The Near Souths ide Design Plan will be amended by striking the sentence found on Page 23,
"CB-5 would remain the preferred zoning in this district." and replacing it with, "Either CB-5 or CB-
10 zoning are appropriate between Court and Burlington Streets, based on the property providing
a logical extension of the downtown and adequate services for the density proposed."
Passed and approved this 'ith
day of Seotember
,20~.
~u~.
MAYOR
ATTEST:~A./~~ k'- ~..\.,.\)
CI LERK
Approved by
~S~ Fr(~~/Ov
City Attorney's ffice
ppdadm/res/CB1 Q-NSS,doc
Resolution No.
Page 7
On-?QO
It was moved by Chamoion and seconded by
adopted, and upon roll call there were:
AYES:
J[
J[
J[
J[
x
x
x
NAYS:
O'Donnell
the Resolution be
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
5~
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Item: SUB06-00010
Silvercrest Residential Community -Part 3
Date: August 17, 2006
GENERAL INFORMATION:
Applicant:
Dial Companies
11506 Nicholas St. #200
Omaha, NE 68154
Contact person:
Mark Hartin
402-493-2800
Requested action:
Final Plat
Purpose:
Seven lot residential subdivision
Location:
Southeast corner of Scott Boulevard and
American Legion Road
Size:
12.17 acres
Existing land use and zoning:
Elderly housing, OPDH-12
Surrounding land use and zoning:
North: Residential and agricultural, RS-5
and County RS
East: Religious Institution, County RS
South: Manufactured Housing Park, County
RMH
West: Residential, RS-5
Comprehensive Plan:
Intersections such as this are appropriate
locations for mixed uses and medium
density residential development. The Plan
encourages the creation of group living
facilities for seniors.
File date:
July 18, 2006
September 1, 2006
45-day limitation period:
60-day limitation period:
September 16, 2006
BACKGROUND INFORMATION:
An amended preliminary Planned Development Overlay (OPD-12) and preliminary plat for
Silvercrest Residential Community - Part 3 was approved in April. The OPD allows
one 57-unit apartment building (Lot 1); one 27-unit building (Lot 3) ; eight duplex style units
(Lots 4-7). There is an existing 24-unit building on Lot 2. The applicant is now requesting
approval of the final plat.
ANALYSIS:
The final plat is in general conformance with the approved preliminary plat and the subdivision
regulations. Construction plans have been submitted and are being reviewed by the City
Engineer. The City Attorney's Office is reviewing the legal papers. These plans and documents
should be approved by staff prior to City Council consideration of the final plat.
STAFF RECOMMENDATION: Staff recommends approval of the final plat of Silvercrest
Residential Community Part 3, a 7-lot, 12.17 -acre, residential subdivision located south of
American Legion Road and east of Scott Boulevard sUbject to staff approval of legal papers and
construction plans prior to City Council consideration.
ATTACHMENTS:
1. Location map
2. Final Plat
Approved by:
Karin ranklin, Director
Department of Planning and
Community Development
u/bob/silvercrest-05
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Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, fA 52240 (319) 356-5240 (SUB06-00010)
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF
SILVERCREST RESIDENTIAL COMMUNITY - PART 3, IOWA CITY, IOWA.
WHEREAS, the owner, Dial Corporation, filed with the City Clerk the final plat of Silvercrest
Residential Community - Part 3, Iowa City, Iowa, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson
County, Iowa, to wit:
Lots 1-8, Outlot "A", and Outlot "B" of Silvercrest Residential Community - Part 2 according to
the plat recorded thereof in Plat Book 46 at Page 7, Johnson County Recorder's Office, Iowa
City, Iowa, containing 12.17 acres, more or less, and is subject to any easements and
restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
WHEREAS, a dedication has been made to the public, and the subdivision has been made with the
free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa
(2005) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets, easements as provided by law and specifically
sets aside portions of the dedicated land, namely streets, as not being open for public access
at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed,
upon approval by the City Attorney, to execute all legal documents relating to said
subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after
passage and approval by law. The City Clerk shall record the legal documents and the plat at
the office of the County Recorder of Johnson County, Iowa at the expense of the
owner/subdivider.
Resolution No.
Page 2
Passed and approved this
day of
,20_.
MAYOR
Approved by
If~~ ~"$O(t9~
ATTEST:
CITY CLERK
It was moved by and seconded by
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
ppdadmin\res\silvercrestpt3.doc
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
the Resolution be
f ^ .
\1'..,
.,
Seotember 5
,2006
The City Council ofIowa City, Iowa, met in
Harvat Hall, City Hall, Iowa City, Iowa, at 7: 00
There were present Mayor Wi 1 hurn
following named Council Members:
T"Pgl1hr session, in the Emma J.
o'clock L.M., on the above date.
, in the chair, and the
BaileYa Champion. C.orreia. F.l1iott. O'Donnell.
Vanderhoef. Wilburn
Absent: Nnnp
*******
-1-
Council Member Vanderhoef moved that the form of
Tax Exemption Certificate be placed on file and approved. Council Member
r.h~mpi on seconded the motion and the roll being called
thereon, the vote was as follows:
AY1ES: Bailey, Champion, Correia, Elliott. O'Donnell.
Vanderhoef. Wilburn
NAYS: None
Council Member Vanderhoef moved that the form of
Continuing Disclosure Certificate be placed on file and approved. Council Member
O'Donnell seconded the motion and the roll being called
thereon, the vote was as follows:
Al1ES: Bailev. Chamoion. Correia. Elliott. O'Donnell.
Vanderhoef, Wilburn
NAYS: None
Council Member Chamoion introduced the
following Resolution entitled "RESOLUTION APPROVING AND AUTHORIZING A
FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $3,350.000 GENERAL OBLIGATION REFUNDING CAPITAL LOAN
NOTES, SERIES 2006C, AND LEVYING A TAX TO PAY THE NOTES" and moved
that it be adopted. Council Member Vanderhoef seconded the
motion to adopt, and the roll being called thereon, the vote was as follows:
-2-
LW
1\Y1ES: Vanderhoef. Wilburn. Bailey. Champion.
Correia. Elliott. o'nonn~ll
N1\ YS: Non~
Whereupon, the Mayor declared said Resolution duly adopted as follows:
Resolution No. 06-291
RESOLUTION 1\PPROVING 1\ND 1\UTHORIZING 1\
FORM OF L01\N 1\GREEMENT 1\ND 1\UTHORIZING
1\ND PROVIDING FOR THE ISSU1\NCE OF $3,350,000
GENER1\L OBLIG1\TION REFUNDING C1\PIT1\L L01\N
NOTES, SERIES 2006C, 1\ND LEVYING 1\ T 1\X TO P 1\ Y
THE NOTES
WHERE1\S, the Issuer is duly incorporated, organized and exists under and by
virtue of the laws and Constitution of the State ofIowa; and
WHERE1\S, the Issuer is in need of funds to pay costs of the refunding of
outstanding general obligation indebtedness ofthe City, for an essential corporate
purpose, and it is deemed necessary and advisable that a form of Loan 1\greement be
approved and authorized and General Obligation Refunding Capital Loan Notes,
Series 2006C, in the amount of$3,350,000 be issued for said purpose; and
WHERE1\S, pursuant to notice published as required by Sections 384.24, 384.241\
and 384.25 of the City Code ofIowa, as amended, this Council has held a public meeting
and hearing upon the proposal to institute proceedings for the issuance of the Notes, and
the Council is therefore now authorized to proceed with the issuance of the Notes:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOW1\ CITY, lOW1\:
Section 1. Definitions. The following terms shall have the following meanings in
this Resolution unless the text expressly or by necessary implication requires otherwise:
. "1\uthorized Denominations" shall mean $5,000 or any integral
multiple thereof.
-3-
+ "Beneficial Owner" shall mean the person in whose name such Note
is recorded as the beneficial owner of a Note by a Participant on the records of
such Participant or such person's subrogee.
+ "Cede & Co." shall mean Cede & Co., the nominee ofDTC, and any
successor nominee ofDTC with respect to the Notes.
+ Continuing Disclosure Certificate" shall mean that certain
Continuing Disclosure Certificate executed by the Issuer and dated the date of
issuance and delivery ofthe Notes, as originally executed and as it may be
amended from time to time in accordance with the terms thereof.
+ "Depository Notes" shall mean the Notes as issued in the form of one
global certificate for each maturity, registered in the Registration Books
maintained by the Registrar in the name ofDTC or its nominee.
+ "DTC" shall mean The Depository Trust Company, New York,
New York, a limited purpose trust company, or any successor book-entry securities
depository appointed for the Notes.
+ "Escrow Fund" shall mean the fund maintained and administered
by the City Controller for the deposit of the proceeds of the Notes to pay the
Refunded Bonds.
+ "Issuer" and "City" shall mean the City ofIowa City, Iowa.
+ "Loan Agreement" shall mean a Loan Agreement between the Issuer
and a lender or lenders in substantially the form attached to and approved by this
Resolution.
+ "Note Fund" shall mean the fund required to be established by
Section 4 ofthis Resolution.
+ "Notes" shall mean $3,350,000 General Obligation Refunding
Capital Loan Notes, Series 2006C, authorized to be issued by this Resolution.
+ "Participants" shall mean those broker-dealers, banks and other
financial institutions for which DTC holds Notes as securities depository.
-4-
. "Paying Agent" shall mean the City Controller, or such successor as
may be approved by Issuer as provided herein and who shall carry out the duties
prescribed herein as Issuer's agent to provide for the payment of principal of and
interest on the Notes as the same shall become due.
. "Project" shall mean the costs of the refunding of outstanding
general obligation indebtedness of the City.
. "Rebate Fund" shall mean the fund so defined in and established
pursuant to the Tax Exemption Certificate.
. "Refunded Bonds" shall mean $3,300,000 of the $5,540 General
Obligation Bonds, Series 1997A.
. "Registrar" shall mean the City Controller ofIowa City, Iowa, or
such successor as may be approved by Issuer as provided herein and who shall
carry out the duties prescribed herein with respect to maintaining a register of the
owners of the Notes. Unless otherwise specified, the Registrar shall also act as
Transfer Agent for the Notes.
. "Representation Letter" shall mean the Blanket Issuer Letter of
Representations executed and delivered by the Issuer to DTC on file at DTC.
.
the Notes.
"Resolution" shall mean this resolution authorizing the issuance of
. "Tax Exemption Certificate" shall mean the Tax Exemption
Certificate executed by the Finance Director and delivered at the time of issuance
and delivery of the Notes.
. "Treasurer" shall mean the Finance Director or such other officer as
shall succeed to the same duties and responsibilities with respect to the recording
and payment ofthe Notes issued hereunder.
Section 2. The form of Loan Agreement in substantially the form attached to this
Resolution is hereby approved and is authorized to be executed and issued on behalf of
the Issuer by the Mayor and attested by the City Clerk.
-5-
Section 3. Levv and Certification of Annual Tax: Other Funds to be Used.
(a) Levv of Annual Tax. That for the purpose of providing funds to pay the
principal and interest of the Notes hereinafter authorized to be issued, there is
hereby levied for each future year the following direct annual tax on all of the
taxable property in Iowa City, Iowa, to-wit:
AMOUNT
FISCAL YEAR (JUL Y 1 TO JUNE 30)
YEAR OF COLLECTION
$397,141
$426,383
$410,043
$398,883
$382,723
$371,590
$360,458
$344,325
$333,225
$317,125
$306,063
2006/2007
2007/2008
2008/2009
2009/2010
2010/2011
2011/2012
2012/2013
2013/2014
2014/2015
2015/2016
2016/2017
(NOTE: For example the levy to be made and certified against the taxable
valuations of January I, 2005, will be collected during the fiscal year commencing
July 1,2006).
(b) Resolution to be Filed With County Auditor. A certified copy of this
Resolution shall be filed with the County Auditor of Johnson County Iowa, and
the/each Auditor is hereby instructed in and for each of the years as provided, to
levy and assess the tax hereby authorized in Section 3 of this Resolution, in like
manner as other taxes are levied and assessed, and such taxes so levied in and for
each of the years aforesaid be collected in like manner as other taxes of the City
are collected, and when collected be used for the purpose of paying principal and
interest on said Notes issued in anticipation of the tax, and for no other purpose
whatsoever.
(c) Additional City Funds Available. Principal and interest coming due at
anytime when the proceeds of said tax on hand shall be insufficient to pay the
same shall be promptly paid when due from current funds of the City available for
-6-
that purpose and reimbursement shall be made from such special fund in the
amounts thus advanced.
Section 4. Note Fund. Said tax shall be assessed and collected each year at the
same time and in the same manner as, and in addition to, all other taxes in and for the
City, and when collected they shall be converted into a special fund within the Debt
Service Fund to be known as the "GENERAL OBLIGATION REFUNDING CAPITAL
LOAN NOTE FUND 2006C NO. I" (the "Note Fund"), which is hereby pledged for and
shall be used only for the payment of the principal of and interest on the Notes hereinafter
authorized to be issued; and also there shall be apportioned to said fund its proportion of
taxes received by the City from property that is centrally assessed by the State ofIowa.
Section 4. Application of Note Proceeds. Proceeds of the Notes other than
accrued interest except as may be provided below shall be credited to the Escrow Fund
and expended therefrom for the purposes of issuance. Proceeds invested shall mature
before the date on which the moneys are required for payment of principal and interest on
the Refunded Bonds. Accrued interest, if any, shall be deposited in the Note Fund.
Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund
and the Escrow Fund, shall be invested in investments permitted by Chapter 12B, Code of
Iowa, 2005 (formerly Chapter 452, Code ofIowa, as amended) or deposited in financial
institutions which are members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits exceeding the maximum
amount insured from time to time by FDIC or its equivalent successor in anyone
financial institution shall be continuously secured in compliance with the State Sinking
Fund provided under Chapter 12C ofthe Code ofIowa, 2005, as amended or otherwise
by a valid pledge of direct obligations of the United States Government having an
equivalent market value. All such interim investments shall mature before the date on
which the moneys are required for payment of principal of or interest on the Notes as
herein provided.
Section 7. Note Details. Execution and Redemption.
(a) Note Details. General Obligation Refunding Capital Loan Notes, Series
2006C, of the City in the total amount of$3,350,000, shall be issued to evidence
the obligations of the Issuer under the Loan Agreement pursuant to the provisions
of Sections 384.24, 384.24A and 384.25 ofthe City Code ofIowa, as amended, for
the aforesaid purpose. The Notes shall be issued in one or more series and shall be
on a parity and secured equally and ratably from the sources provided in Section 3
of this Resolution. The Notes shall be designated "GENERAL OBLIGATION
-7-
REFUNDING CAPITAL LOAN NOTE, SERIES 2006C", be dated September IS,
2006, and bear interest from the date thereof, until payment thereof, at the office of
the Paying Agent, said interest payable on June 1,2007, and semiannually
thereafter on the 1st day of December and June in each year until maturity at the
rates hereinafter provided.
The Notes shall be executed by the manual or facsimile signature of the
Mayor and attested by the manual or facsimile signature of the City Clerk, and
impressed or printed with the seal of the City and shall be fully registered as to
both principal and interest as provided in this Resolution; principal, interest and
premium, ifany, shall be payable at the office of the Paying Agent by mailing ofa
check to the registered owner of the Note. The Notes shall be in the denomination
of $5,000 or multiples thereof and shall mature and bear interest as follows:
Interest Principal Maturity
Rate Amount June 1st
3.60% $310,000 2007
3.60% $315,000 2008
3.60% $310,000 2009
3.60% $310,000 2010
3.65% $305,000 2011
3.65% $305,000 2012
3.65% $305,000 2013
3.70% $300,000 2014
3.70% $300,000 2015
3.75% $295,000 2016
3.75% $295,000 2017
(b) Redemption. Notes maturing after June 1,2014, may be called for
redemption by the Issuer and paid before maturity on said date or any date
thereafter, from any funds regardless of source, in whole or from time to time in
part, in any order of maturity and within an annual maturity by lot. The terms of
redemption shall be par, plus accrued interest to date of call.
Thirty days' notice of redemption shall be given by ordinary mail to the
registered owner ofthe Note. Failure to give such notice by mail to any registered
owner of the Notes or any defect therein shall not affect the validity of any
proceedings for the redemption of the Notes. All notes or portions thereof called
-8-
for redemption will cease to bear interest after the specified redemption date,
provided funds for their redemption are on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate
the notes to be redeemed by random selection of the names of the registered
owners of the entire annual maturity until the total amount of notes to be called has
been reached.
Section 8. Issuance of Notes in Book-Entry Form: Replacement Notes.
(a) Notwithstanding the other provisions of this Resolution regarding
registration, ownership, transfer, payment and exchange of the Notes, unless the Issuer
determines to permit the exchange of Depository Notes for Notes in the Authorized
Denominations, the Notes shall be issued as Depository Notes in denominations of the
entire principal amount of each maturity of Notes (or, if a portion of said principal
amount is prepaid, said principal amount less the prepaid amount); and such Depository
Notes shall be registered in the name of Cede & Co., as nominee ofDTC. Payment of
semi-annual interest for any Depository Note shall be made by wire transfer or New York
Clearing House or equivalent next day funds to the account of Cede & Co. on the interest
payment date for the Notes at the address indicated in or pursuant to the Representation
Letter.
(b) With respect to Depository Notes, neither the Issuer nor the Paying Agent
shall have any responsibility or obligation to any Participant or to any Beneficial Owner.
Without limiting the immediately preceding sentence, neither the Issuer nor the Paying
Agent shall have any responsibility or obligation with respect to (i) the accuracy of the
records of DTC or its nominee or of any Participant with respect to any ownership interest
in the Notes, (ii) the delivery to any Participant, any Beneficial Owner or any other
person, other than DTC or its nominee, of any notice with respect to the Notes, (iii) the
payment to any Participant, any Beneficial Owner or any other person, other than DTC or
its nominee, of any amount with respect to the principal of, premium, if any, or interest on
the Notes, or (iv) the failure ofDTC to provide any information or notification on behalf
of any Participant or Beneficial Owner.
The Issuer and the Paying Agent may treat DTC or its nominee as, and deem DTC
or its nominee to be, the absolute owner of each Note for the purpose of payment of the
principal of, premium, if any, and interest on such Note, for the purpose of all other
matters with respect to such Note, for the purpose of registering transfers with respect to
such Notes, and for all other purposes whatsoever (except for the giving of certain
Noteholder consents, in accordance with the practices and procedures ofDTC as may be
-9-
applicable thereto). The Paying Agent shall pay all principal of, premium, if any, and
interest on the Notes only to or upon the order of the Noteholders as shown on the
Registration Books, and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to the principal of, premium, if any, and
interest on the Notes to the extent so paid. Notwithstanding the provisions of this
Resolution to the contrary (including without limitation those provisions relating to the
surrender of Notes, registration thereof, and issuance in Authorized Denominations), as
long as the Notes are Depository Notes, full effect shall be given to the Representation
Letter and the procedures and practices ofDTC thereunder, and the Paying Agent shall
comply therewith.
(c) Upon (i) a determination by the Issuer that DTC is no longer able to carry
out its functions or is otherwise determined unsatisfactory, or (ii) a determination by DTC
that the Notes are no longer eligible for its depository services or (Hi) a determination by
the Paying Agent that DTC has resigned or discontinued its services for the Notes, if such
substitution is authorized by law, the Issuer shall (A) designate a satisfactory substitute
depository as set forth below or, if a satisfactory substitute is not found, (B) provide for
the exchange of Depository Notes for replacement Notes in Authorized Denominations.
(d) To the extent authorized by law, if the Issuer determines to provide for the
exchange of Depository Notes for Notes in Authorized Denominations, the Issuer shall so
notify the Paying Agent and shall provide the Registrar with a supply of executed
unauthenticated Notes to be so exchanged. The Registrar shall thereupon notify the
owners of the Notes and provide for such exchange, and to the extent that the Beneficial
Owners are designated as the transferee by the owners, the Notes will be delivered in
appropriate form, content and Authorized Denominations to the Beneficial Owners, as
their interests appear.
(e) Any substitute depository shall be designated in writing by the Issuer to the
Paying Agent. Any such substitute depository shall be a qualified and registered "clearing
agency" as provided in Section 17 A of the Securities Exchange Act of 1934, as amended.
The substitute depository shall provide for (i) immobilization of the Depository Notes,
(H) registration and transfer of interests in Depository Notes by book entries made on
records of the depository or its nominee and (Hi) payment of principal of, premium, if
any, and interest on the Notes in accordance with and as such interests may appear with
respect to such book entries.
(f) The execution and delivery ofthe Representation Letter to DTC by the
Issuer, in the form presented at this meeting with such changes, omissions, insertions and
revisions as the Mayor shall deem advisable is hereby authorized and execution of the
-10-
Representation Letter by the Mayor shall be conclusive evidence of such approval. The
Representation Letter shall set forth certain matters with respect to, among other things,
notices, consents and approvals by Noteholders and payments on the Notes.
Section 9. Rellistration of Notes: Aopointment of Rellistrar: Transfer: Ownership:
Delivery: and Cancellation.
(a) Relfistration. The ownership of Notes may be transferred only by the
making of an entry upon the books kept for the registration and transfer of
ownership ofthe Notes, and in no other way. The City Controller is hereby
appointed as Registrar under the terms of this Resolution. Registrar shall maintain
the books of the Issuer for the registration of ownership of the Notes for the
payment of principal of and interest on the Notes as provided in this Resolution.
All Notes shall be negotiable as provided in Article 8 of the Uniform Commercial
Code subject to the provisions for registration and transfer contained in the Notes
and in this Resolution.
(b) Transfer. The ownership of any Note may be transferred only upon the
Registration Books kept for the registration and transfer of Notes and only upon
surrender thereof at the office of the Registrar together with an assignment duly
executed by the holder or his duly authorized attorney in fact in such form as shall
be satisfactory to the Registrar, along with the address and social security number
or federal employer identification number of such transferee (or, if registration is
to be made in the name of multiple individuals, of all such transferees). In the
event that the address of the registered owner of a Note (other than a registered
owner which is the nominee of the broker or dealer in question) is that of a broker
or dealer, there must be disclosed on the Registration Books the information
pertaining to the registered owner required above. Upon the transfer of any such
Note, a new fully registered Note, of any denomination or denominations
permitted by this Resolution in aggregate principal amount equal to the unmatured
and unredeemed principal amount of such transferred fully registered Note, and
bearing interest at the same rate and maturing on the same date or dates shall be
delivered by the Registrar.
(c) Rellistration of Transferred Notes. In all cases of the transfer of the
Notes, the Registrar shall register, at the earliest practicable time, on the
Registration Books, the Notes, in accordance with the provisions of this
Resolution.
-11-
(d) Ownershio. As to any Note, the person in whose name the ownership
of the same shall be registered on the Registration Books of the Registrar shall be
deemed and regarded as the absolute owner thereof for all purposes, and payment
of or on account of the principal of any such Notes and the premium, if any, and
interest thereon shall be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments shall be valid and effectual
to satisfy and discharge the liability upon such Note, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Notes which have been redeemed shall not be
reissued but shall be cancelled by the Registrar. All Notes which are cancelled by
the Registrar shall be destroyed and a certificate of the destruction thereof shall be
furnished promptly to the Issuer; provided that ifthe Issuer shall so direct, the
Registrar shall forward the cancelled Notes to the Issuer.
(f) Non-Presentment of Notes. In the event any payment check
representing payment of principal of or interest on the Notes is returned to the
Paying Agent or if any note is not presented for payment of principal at the
maturity or redemption date, if funds sufficient to pay such principal of or interest
on Notes shall have been made available to the Paying Agent for the benefit of the
owner thereof, all liability of the Issuer to the owner thereof for such interest or
payment of such Notes shall forthwith cease, terminate and be completely
discharged, and thereupon it shall be the duty of the Paying Agent to hold such
funds, without liability for interest thereon, for the benefit of the owner of such
Notes who shall thereafter be restricted exclusively to such funds for any claim of
whatever nature on his part under this Resolution or on, or with respect to, such
interest or Notes. The Paying Agent's obligation to hold such funds shall continue
for a period equal to two years and six months following the date on which such
interest or principal became due, whether at maturity, or at the date fixed for
redemption thereof, or otherwise, at which time the Paying Agent, shall surrender
any remaining funds so held to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or Notes of whatever nature shall be
made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar may furnish to each
owner, at the Issuer's expense, one note for each annual maturity. The Registrar
shall furnish additional Notes in lesser denominations (but not less than the
minimum denomination) to an owner who so requests.
-12-
Section 10. Reissuance of Mutilated. Destroved. Stolen or Lost Notes. In case any
outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at
the request of Registrar authenticate and deliver a new Note of like tenor and amount as
the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such
mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and
substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence
satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost
and proof of ownership thereof, and upon furnishing the Registrar and Issuer with
satisfactory indemnity and complying with such other reasonable regulations as the Issuer
or its agent may prescribe and paying such expenses as the Issuer may incur in connection
therewith.
Section 11. Record Date. Payments of principal and interest, otherwise than upon
full redemption, made in respect of any Note, shall be made to the registered holder
thereof or to their designated Agent as the same appear on the books of the Registrar on
the 15th day preceding the payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Notes to the extent of the payments so made.
Payment of principal shall only be made upon surrender of the Note to the Paying Agent.
Section 12. Execution. Authentication and Delivery of the Notes. The Mayor and
Clerk shall execute and deliver the Notes to the Registrar, who shall authenticate the
Notes and deliver the same to or upon order of the Purchaser. No Note shall be valid or
obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the
Registrar shall duly endorse and execute on such Note a Certificate of Authentication
substantially in the form of the Certificate herein set forth. Such Certificate upon any
Note executed on behalf of the Issuer shall be conclusive evidence that the Note so
authenticated has been duly issued under this Resolution and that the holder thereof is
entitled to the benefits of this Resolution.
Section 13. Right to Name Substitute Paying Agent or Registrar. Issuer reserves
the right to name a substitute, successor Registrar or Paying Agent upon giving prompt
written notice to each registered noteholder.
-13-
Section 14. Form of Note. Notes shall be printed in substantial compliance with
standards proposed by the American Standards Institute substantially in the form as
follows:
I (6) I I (6) I
I (7) I I (8) I
I (1) I
I (L) I I (3 ) I I (4) I I ()) I
(9)
I (9a) I
(10)
(Continued on the back of this Note)
I (lIXUX13) I I (14) I I (I) ) I
FIGURE 1
(Front)
-14-
(10)
(Continued)
(16)
FIGURE 2
(Back)
-15-
The text of the Notes to be located thereon at the item numbers shown shall be as
follows:
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF JOHNSON"
"CITY OF IOWA CITY"
"GENERAL OBLIGATION REFUNDING
CAPITAL LOAN NOTE"
"SERIES 2006C"
"ESSENTIAL CORPORATE PURPOSE"
Item 2, figure 1 = Rate:
Item 3, figure 1 = Maturity:
Item 4, figure 1 = Note Date: September 15, 2006
Item 5, figure 1 = Cusip No.:
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 Principal Amount: $
Item 9, figure 1 = The City ofIowa City, Iowa, a municipal corporation
organized and existing under and by virtue of the Constitution and laws of the State of
Iowa (the "Issuer"), for value received, promises to pay from the source and as hereinafter
provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by Registrar or Printer
with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal sum of (principal amount
written out) THOUSAND DOLLARS in lawful money of the United States of America,
on the maturity date shown above, only upon presentation and surrender hereof at the
office ofthe City Controller, Paying Agent of this issue, or its successor, with interest on
said sum from the date hereof until paid at the rate per annum specified above, payable on
June 1,2007, and semiannually thereafter on the 1st day of December and June in each
year.
Interest and principal shall be paid to the registered holder of the Note as shown on
the records of ownership maintained by the Registrar as of the 15th day preceding such
interest payment date. Interest shall be computed on the basis of a 360-day year of twelve
30-day months.
-16-
This Note is issued pursuant to the provisions of Sections 384.24, 384.24A and
384.25 of the City Code ofIowa, as amended, for the purpose of paying costs of the
refunding of outstanding general obligation indebtedness of the City, and in order to
evidence the obligations of the Issuer under a certain Loan Agreement dated
2006, in conformity to a Resolution of the Council of the Issuer duly passed and
approved. For a complete statement of the revenues and funds from which and the
conditions under which this Note is payable, a statement of the conditions under which
additional Notes of equal standing may be issued, and the general covenants and
provisions pursuant to which this Note is issued, reference is made to the above described
Loan Agreement and Resolution.
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a limited purpose trust company ("DTC"), to the Issuer or its
agent for registration of transfer, exchange or payment, and any certificate issued is
registered in the name of Cede & Co. or such other name as requested by an authorized
representative ofDTC (and any payment is made to Cede & Co. or to such other entity as
is requested by an authorized representative ofDTC), ANY TRANSFER, PLEDGE OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS
WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest
herein.
Notes maturing after June 1,2014, may be called for redemption by the Issuer and
paid before maturity on said date or any date thereafter, from any funds regardless of
source, in whole or from time to time in part, in any order of maturity and within an
annual maturity by lot. The terms ofredemption shall be par, plus accrued interest to date
ofcal!.
Thirty days' notice of redemption shall be given by ordinary mail to the registered
owner of the Note. Failure to give such notice by mail to any registered owner of the
Notes or any defect therein shall not affect the validity of any proceedings for the
redemption of the Notes. All notes or portions thereof called for redemption will cease to
bear interest after the specified redemption date, provided funds for their redemption are
on deposit at the place of payment.
If selection by lot within a maturity is required, the Registrar shall designate the
notes to be redeemed by random selection ofthe names of the registered owners of the
entire annual maturity until the total amount of notes to be called has been reached.
Ownership ofthis Note may be transferred only by transfer upon the books kept
for such purpose by City Controller, the Registrar. Such transfer on the books shall occur
-17-
only upon presentation and surrender of this Note at the office of the Registrar as
designated below, together with an assignment duly executed by the owner hereof or his
duly authorized attorney in the form as shall be satisfactory to the Registrar. Issuer
reserves the right to substitute the Registrar and Paying Agent but shall, however,
promptly give notice to registered noteholders of such change. All Notes shall be
negotiable as provided in Article 8 of the Uniform Commercial Code and subject to the
provisions for registration and transfer contained in the Note Resolution.
And it is hereby represented and certified that all acts, conditions and things
requisite, according to the laws and Constitution of the State ofIowa, to exist, to be had,
to be done, or to be performed precedent to the lawful issue of this Note, have been
existent, had, done and performed as required by law; that provision has been made for
the levy of a sufficient continuing annual tax on all the taxable property within the
territory of the Issuer for the payment of the principal and interest of this Note as the same
will respectively become due; that the faith, credit, revenues and resources and all the real
and personal property ofthe Issuer are irrevocably pledged for the prompt payment
hereof, both principal and interest, and the total indebtedness of the Issuer including this
Note, does not exceed the constitutional or statutory limitations.
This Note is a "qualified tax-exempt obligation" designated by the Issuer for
purposes of Section 265(b)(3)(B) ofthe Internal Revenue Code of 1986, as amended on
the basis that the Bond is deemed designated and may be treated as designated pursuant to
Section 265(b)(3)(D)(ii) and (iii) of the Internal Revenue Code of 1986, as amended.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused this Note to be
signed by the facsimile signature of its Mayor and attested by the facsimile signature of
its City Clerk, with the seal of said City printed hereon, and to be authenticated by the
manual signature of an authorized representative of the Registrar, the City Controller,
Iowa City, Iowa.
Item II, figure I = Date of Authentication:
Item 12, figure 1 = This is one of the Notes described in the within mentioned
Resolution, as registered by the City Controller.
CITY CONTROLLER, Registrar
By:
Authorized Signature
-18-
Item 13, figure 1 = Registrar and Transfer Agent: City Controller
Paying Agent: City Controller
SEE REVERSE FOR CERTAIN DEFINITIONS
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
CITY OF IOWA CITY, IOWA
By: (facsimile signature)
Mayor
ATTEST:
By: (facsimile signature)
City Clerk
Item 16, figure 2 = [Assignment Block]
[Information Required for Registration]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
(Social Security or Tax Identification No. )
the within Note and does hereby irrevocably constitute and appoint
attorney in fact to transfer the said Note on the books kept for registration of
the within Note, with full power of substitution in the premises.
Dated
(Person(s) executing this Assignment sign(s) here)
SIGNATURE )
GUARANTEED)
-19-
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond with the name(s) as written upon
the face of the certificate(s) or Note(s) in every particular without alteration or
enlargement or any change whatever. Signature guarantee must be provided in
accordance with the prevailing standards and procedures of the Registrar and
Transfer Agent. Such standards and procedures may require signature to be
guaranteed by certain eligible guarantor institutions that participate in a recognized
signature guarantee program.
INFORMATION REQUIRED FOR REGISTRA nON OF TRANSFER
Name of Transferee(s)
Address ofTransferee(s)
Social Security or Tax
Identification Number of
Transferee( s)
Transferee is a(n):
Individual*
Partnership
Corporation
Trust
*Ifthe Note is to be registered in the names of multiple individual owners, the names of
all such owners and one address and social security number must be provided.
The following abbreviations, when used in the inscription on the face of this Note,
shall be construed as though written out in full according to applicable laws or
regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in
common
IA UNIF TRANS MIN ACT -
.......... Custodian..........
(Cust) (Minor)
under Iowa Uniform Transfers
to Minors Act................
(State)
ADDITIONAL ABBREVIA nONS MAY BE ALSO
USED THOUGH NOT IN THE ABOVE LIST
-20-
Section 15. Contract Between Issuer and Purchaser. This Resolution shall
constitute a contract between said City and the purchaser of the Notes.
Section 16. Non-Arbitrage Covenants. The Issuer reasonably expects and
covenants that no use will be made of the proceeds from the issuance and sale of the
Notes issued hereunder which will cause any of the Notes to be classified as arbitrage
bonds within the meaning of Section 148(a) and (b) of the Internal Revenue Code of the
United States, and that throughout the term of the Notes it will comply with the
requirements of said statute and regulations issued thereunder.
To the best knowledge and belief ofthe Issuer, there are no facts or circumstances
that would materially change the foregoing statements or the conclusion that it is not
expected that the proceeds of the Notes will be used in a manner that would cause the
Notes to be arbitrage bonds. Without limiting the generality of the foregoing, the Issuer
hereby agrees to comply with the provisions of the Tax Exemption Certificate and the
provisions of the Tax Exemption Certificate are hereby incorporated by reference as part
of this Resolution. The Finance Director is hereby directed to make and insert all
calculations and determinations necessary to complete the Tax Exemption Certificate in
all respects and to execute and deliver the Tax Exemption Certificate at issuance of the
Notes to certifY as to the reasonable expectations and covenants of the Issuer at that date.
Section 17. Severability Clause. If any section, paragraph, clause or provision of
this Resolution be held invalid, such invalidity shall not affect any ofthe remaining
provisions hereof, and this Resolution shall become effective immediately upon its
passage and approval.
Section 18. Continuing Disclosure. The Issuer hereby covenants and agrees that it
will comply with and carry out all of the provisions of the Continuing Disclosure
Certificate, and the provisions of the Continuing Disclosure Certificate are hereby
incorporated by reference as part ofthis Resolution and made a part hereof.
Notwithstanding any other provision of this Resolution, failure ofthe Issuer to comply
with the Continuing Disclosure Certificate shall not be considered an event of default
under this Resolution; however, any holder of the Notes or Beneficial Owner may take
such actions as may be necessary and appropriate, including seeking specific performance
by court order, to cause the Issuer to comply with its obligations under the Continuing
Disclosure Certificate. For purposes of this Section, "Beneficial Owner" means any
person which (a) has the power, directly or indirectly, to vote or consent with respect to,
or to dispose of ownership of, any Notes (including persons holding Notes through
nominees, depositories or other intermediaries), or (b) is treated as the owner of any
Notes for federal income tax purposes.
-21-
Section 19. Additional Covenants. Representations and Warranties of the Issuer.
The Issuer certifies and covenants with the purchasers and holders of the Notes from time
to time outstanding that the Issuer through its officers, (a) will make such further specific
covenants, representations and assurances as may be necessary or advisable; (b) comply
with all representations, covenants and assurances contained in the Tax Exemption
Certificate, which Tax Exemption Certificate shall constitute a part of the contract
between the Issuer and the owners of the Notes; (c) consult with bond counsel (as defined
in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums
of money representing required rebates of excess arbitrage profits relating to the Notes;
(e) file such forms, statements and supporting documents as may be required and in a
timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay
fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such
compliance.
Section 20. Amendment of Resolution to Maintain Tax Exemption. This
Resolution may be amended without the consent of any owner of the Notes if, in the
opinion of bond counsel, such amendment is necessary to maintain tax exemption with
respect to the Notes under applicable Federal law or regulations.
Section 21. Oualified Tax-Exempt Obligations. For the sole purpose of qualifYing
the Notes as "Qualified Tax-Exempt Obligations" pursuant to Section 265(b) of the
Internal Revenue Code of the United States, as amended, the Issuer designates the Notess
as qualified tax-exempt obligations on the basis that all ofthe Notes are deemed
designated and may be treated as designated pursuant to Internal Revenue Code Section
265(b )(3)(D)(ii) and (iii). The Issuer further represents that the Notes are issued to refund
(other than to advance refund within the meaning of Section 149 (d)(5) of the Internal
Revenue Code of 1986, as amended) the Refunded Bonds and the aggregate face amount
of the Notes does not exceed Ten (10) Million Dollars.
Section 22. Repeal of Conflicting Resolutions or Ordinances. All ordinances and
resolutions and parts of ordinances and resolutions in conflict herewith are hereby
repealed.
-22-
PASSED AND APPROVED this
2006.
ATTEST:
~-'~~~ ~AA)
Cityerk
5th day of. Sentember
~WJ.L
Mayor
-23-
CIG-3
9/91
CERTIFICATE
STATE OF IOWA
)
) SS
)
COUNTY OF JOHNSON
I, the undersigned City Clerk ofIowa 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 ofthe
action taken by said Council with respect to said matter at the meeting held on the date
indicated in the attachment, which proceedings remain in full force and effect, and have
not been amended or rescinded in any way; that meeting and all action thereat was duly
and publicly held in accordance with a notice of meeting and tentative agenda, a copy of
which was timely served on each member of the Council and posted on a bulletin board
or other prominent place easily accessible to the public and clearly designated for that
purpose at the principal office of the Council (a copy ofthe 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 commencement of the meeting as required by said law
and with members ofthe 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 ofthe 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 5th
day of September , 2006.
7h~~.~~
City ~erk, Iowa City, Iowa
SEAL
S0\391.I\WPI07140S4
-24-
fv\+o
09-05.a6
9
I
Prepared by: Dave Panos, Sr. Civil Engineer, 410 E. Washington St.,lowa City, IA 52240 319-356-5145
RESOLUTION NO. 06-292
RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE LOWER
WEST BRANCH ROAD - SCOTT BOULEVARD TO TAFT AVENUE
IMPROVEMENTS PROJECT,
WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement
project and to acquire properly rights for the above-named project was given as required by law,
and the hearing thereon held; and
WHEREAS, the City of Iowa City desires to construct the Lower West Branch Road - Scott
Boulevard to Taft Avenue Improvements Project ("Project") which includes reconstruction of
Lower West Branch Road from Scott Boulevard to Taft Avenue, and a portion of Hummingbird
Lane; and
WHEREAS, the City Council has determined that construction of the Project is a valid public
purpose under State and Federal law, and has further determined that acquisition of certain
properly rights is necessary for the proposed project; and
WHEREAS, the City's Consultant, Engineering Alliance, Inc. has determined the location of the
proposed Project; and
WHEREAS, City staff should be authorized to acquire necessary properly rights at the best
overall price to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. It is the City's intent to proceed with the Lower West Branch Road - Scott Boulevard to
Taft Avenue Improvements Project.
2. The City Council finds that it is in the public interest to acquire property rights necessary
for the construction of the Lower West Branch Road - Scott Boulevard to Taft Avenue
Improvements Project ("Project"), which Project constitutes a public improvement under
Iowa law. The City Council further finds that acquisition of said property rights is necessary
to carry out the functions of the Project, and that such Project constitutes a valid public
purpose under state and federal law.
3. The City Manager or designee, in consultation with the City Attorney's office, is authorized
and directed to establish, on behalf of the City, an amount the City believes to be just
compensation for the property to be acquired, and to make an offer to purchase the
properly for the established fair market value.
Resolution No. nh-?Q?
Page 2
4. The City Manager, or designee, is hereby authorized and directed to negotiate the
purchase of property rights for the construction, operation and maintenance of the Project.
The City Manager or designee is authorized to sign purchase agreements for the
purchase of property and/or easements, and offers to purchase property and/or
easements.
5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized,
upon direction of the City Attorney, to execute and attest all documents necessary to
effectuate the purchase of said property rights. The City Attorney is hereby directed to
take all necessary action to complete said transactions, as required by law.
6. In the event the necessary property rights for the Project cannot be acquired by
negotiation, the City Attorney is hereby authorized and directed to initiate condemnation
proceedings for acquisition of any and all property rights necessary to fulfill the functions of
the Project, as provided by law.
Passed and approved this 5th
day of Seotember , 20..!lb--.
~U.~
MAYOR
ATTEST: ~A--U) ~. ~..-vJ
CITY . ERK
Approved by
fi'
-
~;1o;6Ct,
City Attomey's Office
It was moved by R~i1 "y and seconded by V~nderhoef
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
X
Pweng/res/lwrwestbranch.doc
8/06
M....._r,,_
"
~
Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 06-293
RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME
LOCATED AT 938 LONGFELLOW PLACE.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority; and
WHEREAS, on September 14, 1993, the City Council considered and passed Resolution No.
93-255 approving the Section 5(h) Implementing Agreement for the conversion of public
housing to private ownership, also known as the Tenant-to-Ownership Program; and
WHEREAS, under this agreement the proceeds from such sales must be used to expand
affordable housing opportunities in Iowa City; and
WHEREAS, the proceeds from such sales are used to provide affordable housing under the
City's Affordable Dream Home Program ("ADHOP"); and
WHEREAS, the Iowa City Housing Authority owns a single family home located at 938
Longfellow Place, Iowa City; and
WHEREAS, the City has received an offer to purchase 938 Longfellow Place for the principal
sum of $147,000; and
WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership
of their own home; and
WHEREAS, on August 22, 2006, the City Council adopted a Resolution proposing to convey its
interest in 938 Longfellow Place, authorizing public notice of the proposed conveyance, and
setting the date and time for the public hearing; and
WHEREAS, following the public hearing on the proposed conveyance, the City Council finds
that the conveyance is in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to
execute a warranty deed conveying the City's interest in 938 Longfellow Place, legally
described as Lot 12, Longfellow Manor Condominiums, Iowa City, Iowa. The Mayor and
City Clerk are further authorized to execute a second mortgage agreement and resale
agreement with said family in an amount not to exceed $36,750.
Resolution No. 06-293
Page 2
2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any
actions necessary to consummate the conveyance required by law.
It was moved by Bailey and seconded by
adopted, and upon roll call there were:
Correia
the Resolution be
AYES: NAYS: ABSENT:
X Bailey
X Champion
x Correia
X Elliott
X O'Donnell
x Vanderhoef
Wilburn
Passed and approved this 5th day of September ,2006.
ABSTAIN:
x
ATTEST: C~) A:!. =J{c2A.J
Approved by
~~
<1 .... r .}. ,0 ~
City Attorney's Office
MJ~
~
Prepared by Susan Dulek, Ass'\. City Attorney, 410 E. Washington S\., Iowa City, IA (319)356-5030
RESOLUTION NO. 06-294
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN AMENDMENT TO LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE
CITY OF IOWA CITY, AND KDLP, INC. D/B/A ONE TWENTY SIX, FOR
A SIDEWALK CAFE AT 126 E. WASHINGTON STREET TO ALLOW
KLDP, INC. TO ASSIGN ITS INTEREST TO CHACKALACKAL, INC.
WHEREAS, following passage of Resolution No. 06-33, KLDP, Inc. d/b/a One Twenty Six
and the City of Iowa City entered into an agreement February 13, 2006 entitled "2006
License Agreement for Temporary Use of Public Right-of-Way between the City of Iowa
City and KLDP, Inc. d/b/a One Twenty Six for a Sidewalk Cafe on the Public Right-of-Way
at 126 E. Washington St., Iowa City, Iowa" ("License Agreement");
WHEREAS, the License Agreement provides that a party may assign its interest
with written consent of the other party;
WHEREAS, KLDP, Inc. d/b/a One Twenty Six has requested to assign the License
Agreement to Chackalackal, Inc.; and
WHEREAS, it is in the public interest to agree to the assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY,
IOWA THAT:
1. The Mayor and City Clerk are hereby authorized and directed to sign the
Amendment to the 2006 License Agreement, a copy of which is attached to this
resolution.
2. The Public Works Department is hereby directed to record this Resolution and
the Amendment to 2006 License Agreement with the Johnson County Recorder
at Chackalackal, Inc.'s expense.
Passed and approved this ~ day of
""GJ:.c. J ~
MAYOR
ATTEST: ~~~ -1(. eJd.u.J
CIT LERK
Approved by:
~~
y- \.~-o<...,
City Attorney's Office
Resolution No.
Page ?
Ofi-7Q4
It was moved by Bailev and seconded by
adopted, and upon roll call there were:
AYES:
x
x
x
x
x
x
x
Vanderhoef the Resolution be
NAYS:
ABSENT:
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
Prepared by and Return to: Kimberly Sandberg, City of Iowa City, 410 E. Washington St., Iowa City, IA 52240; 319-356-5139
AMENDMENT TO 2006 LICENSE AGREEMENT
This is an amendment to the 2006 License Agreement for Temporary Use of Public Right-
of-Way between the City of Iowa City and KLDP, Inc. d/b/a One Twenty Six for a Sidewalk Cafe
on the Public Right-of-Way at 126 E. Washington St., Iowa City, Iowa ("License Agreement")
entered into on February 13, 2006.
WHEREAS, the License Agreement is recorded in Book 3992 Pages 753-758 in the office of the
Johnson County Recorder;
WHEREAS, KDLP, Inc. d/b/a One Twenty Six has sold its restaurant business to Chackalacka,
Inc. and has requested that it assign its interest in the License Agreement to Chackalacka, Inc;
WHEREAS, Evelyn M. Oakes sold 126 E. Washington Street to KDLP, Inc. on July 25, 2006;
and
WHEREAS, the License Agreement provides that a party may assign its interest in the License
Agreement upon consent of the other parties.
IT IS THEREFORE AGREED that:
KDLP, Inc. d/b/a One Twenty Six assigns all rights and interest as the "Tenant" in the License
Agreement to Chackalacka, Inc.
Chackalacka, Inc. shall pay the expenses to record this amendment and the City Council
resolution approving it.
All other terms of the Licensing Agreement remain in full force and effect.
(ZA CITY. IOWA
By: LJ Jt
Mayor
KLDP, INC.
-
By:
By:
~~
ATTEST: h~ II. ~AA)
City erk
CHACKALACKAL, INC.
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this S~ day of ~Ef''''.EMB'e~ , 2006, before me,
<L.. DK.'" h,1l:T" , a Notary Public in and for said State, personally
appeared Ross Wilbum and Marian K. Karr, to me personally known, who being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation
executing the within and foregoing instrument; that the seal affixed hereto is the seal of said
municipal corporation, and that the said Ross Wilburn and Marian K. Karr acknowledged the
execution of said instrument to be the voluntary act and deed of said municipal corporation, by it
and by them voluntarily executed.
~ SONDRAE FORT ,
o To Commission Number 15879{;
. . My Commission ExpIre. I
_ - 0 .
~.~
Notary Public in and for the State of Iowa
My commission expires:
8/'10'1
(
KLDP. INC. ACKNOWLEDGMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrume~ was acknowledged
l,'s,-, Vt"..~'Z.
IJl'n
etc.) of KLDP, Inc.
before me on
)}1.A}l.b I-
J d- , 2006 by
(name(s) of person(s)) as
. ,e.g, officer, trustee,
o ary Public in and for the State of Iowa
My commission expires:
Oq-lG-i)po7
DONALD DAVID RAUSCH
NOTARIAL SEAL. STATE OF IOWA
COMMISSION NUMBER 730529
MY COMMISSION EXPIRES 0Pf-1t.-J.:>>'"
CHACKALACKAL. INC. ACKNOWLEDGMENT
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before
hew- C""",,,, ""d= \
'oX"
of Chackalackal, Inc.
me on A"1""t :n , 2006 by
(name(s) of person(s)) as
(type of authority, e.g, officer, trustee, etc.)
'Q~
Notary Public in and for the State of Iowa
My commission expires: 9Q-1b-;)7"07
DONALD DAVID RAUSCH
NOTARIAL SEAL. STATE OF IOWA
COMMISSION NUMBER 730529 r}
MY COMMISSION EXPIRES 0Ct./e. -~~
Approved By:
~~ <;?-30-O~
City Attorney's Office
3
I
ADVERTISEMENT FOR BIDS
BROOKLAND PARK DEVELOPMENT
PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 2:00
P.M. on the 24th day of Auqust ,2006, or at
a later date and/or time as determined by the
Director of Public Works or designee, with notice
of said later date and/or time to be published as
required by law. Sealed proposals will be opened
immediately thereafter by the City Engineer or
designee. Bids submitted by fax machine shall
not be deemed a "seaied bid" for purposes of this
Project. Proposals will be acted upon by the City
Council at a meeting to be held in the Emma J.
Harvat Hall at 7:00 P.M. on the ~ day of
September. 2006, or at such later time and place
as may be scheduled.
The Project will involve the following:
The development of a new park located at
Melrose Court and Greenwood Drive. This shall
include c1earinq and qrubbino. demolition (shelter.
plav areas. concrete walk and steps). earthwork
and aradina. construction shelter pad.
plavaround. PCC walk. trail. landscapinq.
rearadina of ditch. installation of culverts and
surface restoration.
All work is to be done in strict compliance with
the plans and specifications prepared by
Shoemaker & Haaland Professional Enqineers ,
of Coralville, Iowa, which have heretofore been
approved by the City Council, and are on file for
public examination in the Office of the City Clerk.
Each proposal shall be completed on a form
furnished by the City and must be accompanied
in a sealed envelope, separate from the one
containing the proposal, by a bid bond executed
by a corporation authorized to contract as a
surety in the State of Iowa, in the sum of 10% of
the bid. The bid security shall be made payable to
the TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to
enter into a contract within ten (10) calendar days
of the City Council's award of the contract and
post bond satisfactory to the City ensuring the
faithfui performance of the contract and mainte-
nance of said Project, if required, pursuant to the
provisions of this notice and the other contract
documents. Bid bonds of the iowest two or more
bidders may be retained for a period of not to
exceed fifteen (15) calendar days following award
of the contract, or until rejection is made. Other
bid bonds will be returned after the canvass and
tabulation of bids is completed and reported to
the City Council.
The successful bidder will be required to furnish
a bond in an amount equal to one hundred
percent (100%) of the contract price, said bond to
be issued by a responsible surety approved by
the City, and shall guarantee the prompt payment
of all materials and labor, and also protect and
save harmless the City from all claims and
damages of any kind caused directly or indirectly
by the operation of the contract, and shall also
guarantee the maintenance of the improvement
for a period of one to five year(s) from and after
its completion and formal acceptance by the City
Council.
The fOllowing limitations shall apply to this
Project:
Specified Start Date: September 18, 2006
Completion Date: November 13. 2006
Liquidated Damages: $200.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifi-
cations and form of proposal blanks may be
secured at the Office of Shoemaker & Haaland
Professional Enaineers. 160 Holidav Road.
Coralville, Iowa, by bona fide bidders.
A $40.00 non-refundable fee is required for each
set of plans and specifications provided to
bidders or other interested persons. The fee shall
be in the form of a check, made payable to
Shoemaker & Haaland Professional Enaineers.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects. A listing of
minority contractors can be obtained from the
Iowa Department of Economic Development at
(515) 242-4721 and the Iowa Department of
Transportation Contracts Office at (515) 239-
1422.
Bidders shall list on the Form of Proposal the
names of persons, firms, companies or other
parties with whom the bidder intends to subcon-
tract. This list shall include the type of work and
approximate subcontract amount(s).
The Contractor awarded the' contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quanti-
ties, unit prices and extended dollar amounts.
By virtue of statutory authority, preference must
be given to products and provisions grown and
coal produced within the State of Iowa, and to
Iowa domestic labor, to the extent lawfully re-
quired under Iowa Statutes. The Iowa reciprocal
resident bidder preference law applies to this
Project.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of Iowa
City, Iowa.
MARIAN K. KARR, CITY CLERK
IY\J~ ~
Prepared by: Terry Trueblood, Parks & Ree, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. Of>-?q,
RESOLUTION AWARDING CONTRACT FOR
THE REDEVELOPMENT OF BROOKLAND PARK.
WHEREAS, OEC, Inc. of Iowa City, Iowa, has submitted the lowest responsible bid of
$153,714.20 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to OEC,
Inc., subject to the condition that awardee secure adequate performance and payment
bond, insurance certificates, and contract compliance program statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 5th
day of
September
,20 06
e ( J A~tW'--
MAYOR
ATTEST: ~;.......J ~ . ~.-vJ
CITY ERK
Approved by
#I~Z;: ~~/()(p
City Attorn's Office
It was moved by V~nilpThopf and seconded by O'Donnell
adopted, and upon roll call there were:
the Resolution be
AYES:
x
x
NAYS:
ABSENT:
Bailey
Champion
Elliott
Lehman
O'Donnell
Vanderhoef
Wilburn
"
"
x
x
x
parksreclreslbrooklandpark const..doc