HomeMy WebLinkAbout1994-03-01 Resolution
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RESOLUTION NO. 94-56
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER AND
WATER MAIN IMPROVEMENTS FOR COURT HILL CONDOMINIUMS.
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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 Court Hill Condominiums, as
constructed by Maxwell Construction Inc. of Iowa City, Iowa.
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WHEREAS, maintenance bonds have been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
said improvements be hereby accepted by the City of Iowa City, Iowa,
Passed and approved this 1 Qr day of Mar'.:h
,1994,
ATTEST:
CIT CLERK
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It was moved by Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
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\ X Baker
X Horowitz
X Kubby ,
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, 11 Novick
11 Pigott
X Throgmorton
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CITY OF IOWA CITY
ENGINEER'S REPORT
March I, 1994
Honorable Mayor and City Council.
Iowa City, Iowa
RE: Court Hill Condominiums
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer and water main
improvements for Court Hill Condominiums, has 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 Maxwell Construction, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City of
Iowa City.
Sincerely,
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Richard A. Fosse, P.E.
City Engineer
B,\OOUNCIL\ENGBLNK5.RPT
410 EAST WASIIINOTON STREET' IOWA CITY. IOWA 5lHO.II16' (ll9) l56.5000' FAX 1l19) 356.5009
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RESOLUTION NO. Qu-'i7
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 524
RONALDS STREET, IOWA CITY,IOWA.
WHEREAS, on June 2, 1987, Youth Home, Inc" the property owner of 524 Ronalds Street,
Iowa City, Iowa, executed a Promissory Note and a Mortgage to the City of Iowa City in the
amount of $12,500 in exchange for a no-interest; and
WHEREAS, said Promissory Note and Mortgage create a lien against the subject property; and
WHEREAS, Youth Homes, Inc, has paid $6,771.75 of the amount owed the City; and
WHEREAS, Youth Homes, Inc. has purchased property located on Waterfront Drive for a new
facility and wishes to sell its property located at 524 Ronalds Street; and
WHEREAS, Youth Homes, Inc. has executed a new mortgage and promissory note creating
a lien against the Waterfront Drive property for the balance due on the loan and the City can
now release its lien on 524 Ronalds Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the affected property from an obligation
of the Youth Homes, Inc., the property owner of 524 Ronalds Street, Iowa City, Iowa, to pay
to the City the principal amount of $12,500, which obligation was recorded in Book 981,
Page 183 and Book 1004, Pages 309.310 of the Johnson County Recorder's Office,
Passed and approved this 1st day of Harch
/1994.
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ATTEST:~,' ~
CITY LERK
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Resolution No. 94-57
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Kubby .
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Novick
Pigott
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adopted, and upon roll call there were:
AYES:
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RELEASE OF LIEN
The City of Iowa City does hereby release the following property:
The East 40 feet of Lot 7 in Block 33, Iowa City, Iowa
from an obligation of Youth Homes, Inc., the property owner of 524 Ronalds Street, to the
City of Iowa City in the principal amount of $12,500 represented by a Promissory Note
recorded in Book 981, Page 183 of the Johnson County Recorders Office and a Mortgage
recorded on May 27, 1988 in Book 1004, Pages 309-310 in the Johnson County Recorder's
Office.
This obligation has been transferred to another property and the above-described property is
hereby released, in full, from any liens or clouds upon title to the above property by reason
of said prior recorded documents.
CITY OF IOWA CITY
By: I~./.J tLt\ )11 >.-lf~I&---
I Mayor - (J-- .
Attest: ?!r!~).f ~~
City Clerk
Approved by:
STATE OF IOWA )
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JOHNSON COUNTY)
On this I $I- day of ~,..r~_ ' 19 'if ,before me, ~I"ll-L
h ("K- , a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (9miRancs) (Resolution) No. 'tJ/~.s7
passed (the Resolution adopted) by the City Council, under Roll Call No, ---..... of the
City Council on the ,Sf- day of "Marc~ ' 19..1::/:-, and that Susan M.
Horowitz 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.
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RESOLUTION NO. 94-58
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 402 SOUTH
LINN STREET, IOWA CITY, IOWA.
WHEREAS, on April 15, 1988, Youth Home, Inc" the property owner of 402 South Linn
Street, Iowa City, Iowa, executed a Mortgage to the City of Iowa City in the amount of
$37,500 in exchange for a no-interest; and
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WHEREAS, Youth Homes, Inc. has paid $20,625.00 of the amount owed the City; and
WHEREAS, said Mortgage creates a lien against the subject property; and
WHEREAS, Youth Homes, Inc, has purchased property located on Waterfront Drive for a new
facility and wishes to sell its property located at 402 South Linn Street; and
WHEREAS, Youth Homes, Inc. has executed a new mortgage and promissory note creating
a lien against the Waterfront Drive property for the balance due on the loan and the City can
now release its lien on 402 South Linn Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the affected property from an obligation
of the Youth Homes, Inc., the property owner of 402 South Linn Street, Iowa City, Iowa, to
pay to the City the principal amount of $37,500, which obligation was recorded in Book 998,
Pages 30-31 of the Johnson County Recorder's Office,
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Passed and approved this 1st
day of March
,1994.
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ATTEST:~A~A~) :r =f~
CIT Cl:.ERK
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MAYOR '- U
Approved by
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Resolution No. 94-58
Page 2
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It was moved by Novick' . and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
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AYES:
NAYS:
ABSENT:
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RELEASE OF LIEN
The City of Iowa City does hereby release the following property:
The West 91.7 feet of Lot 1, Block 19, in that part of Iowa City, Iowa, known as the
County Seat of Johnson County, Iowa, according to the plat thereof recorded in Book
1 and Book 2, Page 253, Deed Records of Johnson County, Iowa; subject to the
easements and restrictions of record,
from an obligation of Youth Homes, Inc., the property owner of 402 South Linn Street, Iowa
City, Iowa, in the principal amount of $37,500 represented by a Mortgage recorded on April
18, 1988, in Book 998, Pages 30-31 in the Johnson County Recorder's Office.
This obligation has been transferred to another property and the above-described property is
hereby released, in full, from any liens or clouds upon title to the property by reason of said
prior recorded documents.
CITY OF IOWA CITY
By: ,!LutZ-i\)h "::/-~)~r-
I -Mayor U ~
Attest: YJ1", ~ cJ!. c/d~
City~lerl; ,
Approved by:
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STATE OF IOWA )
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JOHNSON COUNTY I
On this I s-l- day of '1vla.r-c.~ , 19..:tL., before me, S"nrlv"c..t.
h...-\- , a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian 1<' Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in Resolution No. 94-- 5 g adopted by the
City Council on the IS!:. day of "Mard" , 19 7+ ' and that Susan M.
Horowitz 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.
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Notary Public in and for the State of Iowa
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RESOLUTION NO, CJ4-'iCJ
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE
RIVERSIDE DRIVE RIVER TRAIL PROJECT, ESTABLISHING AMOUNT OF
BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
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WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the above-named project was published as required by law, and the hearing thereon
held,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
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1, The plans, specifications, form of contract, and estimate of cost for the above-named
project are hereby approved,
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2. The amount of bid security to accompany each bid for the construction of the above-
named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa
City, Iowa,
3, The City Clerk is hereby authorized and directed to publish notice for the receipt of bids
for the construction of the above-named project in a newspaper published at least once
weekly and having a general circulation in the city,
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4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at
the Office of the City Clerk, at the Civic Center, until 1 0:30 a.m. on the 22nd day of
March, 1994, Thereafter the bids will be opened by the City Engineer or designee, and
thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said
bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, I
Iowa, at 7:30 p,m, on the 29th day of March, 1994, or at such later time and place as
may then be fixed, Ii
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Passed and approved this 1st day of
March
, 1994,
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Appro ed b "-/
ATTEST:7Jt?~_J() cf ~ . t.A-/~
CITFCLERK Attorney's Office~:::r;1-/
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Resolution No. 94-59
Page ....L
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It was moved by , Kl1hhy and seconded by Pigott
adopted, and upon roll call there were:
the Resolution be
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AYES: NAYS: ABSENT:
X Baker
X Horowitz
X Kubby
X Lehman
X Novick
X Pigott . '
X Throgmorton
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RESOLUTION NO. 94-60
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RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND THE IOWA DEPARTMENT OF TRANSPORTATION
FOR TRAFFIC SAFETY IMPROVEMENT PROJECTS ALONG BURLINGTON
STREET.
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WHEREAS, the Iowa Department of Transportation (lDOTl provides funding to municipalities
to improve local traffic patterns through the Traffic Safety Improvement Program under
Section 312.2, Code of Iowa (1993); and
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WHEREAS, the City has applied for traffic safety improvement funding in the amount of
$71,800 for certain traffic improvements along Burlington Street from Madison Street to
Gilbert Street; and
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WHEREAS, the City has negotiated an Agreement withlDOT, setting forth the terms and
conditions for the use of said funding.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1. It is in the public interest of the City of Iowa City to enter into an agreement with the
Iowa Department of Transportation for traffic safety improvement funding, in order to
install new traffic controllers and an interconnect system at certain intersections in
Iowa City, namely where Burlington Street intersects with Madison Street, Capitol
Street, Clinton Street, Dubuque Street, Linn Street, and Gilbert Street.
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2, The agreement between the City of Iowa City and the Iowa Department of Transporta-
tion, attached hereto and incorporated by reference herein, is approved as to form and
content.
3. The Mayor and City Clerk are hereby authorized to execute the agreement, and the
City Clerk is directed to forward two executed agreements to the IDOT for their
execution, with one copy to be returned to the City Clerk.
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Passed and approved this 1st day of
Narch
,1994.
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ATTEST:IhCM~?J 1! f~
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Resolution No. 94-60
Page --L
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AYES: NAYS: ABSENT:
X Baker
X Horowitz
x Kubby
X Lehman
X Novick
X Pigott
X Throgmorton
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It was moved by Novick and seconded by Kubby
adopted, and upon roll call there were:
the Resolution be
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IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING
RECIPIENT:
City of Iowa City, Iowa
PROJECT NO.:
CS-TSF-3715(1)--85-52
AGREEMENT NO.: 94-TS-014
This is an agreement between the City of Iowa City, Iowa (hereinafter
referred to as Recipient) and the Iowa Department of Transportation
(hereinafter referred to as the DOT). The Recipient submitted an application
, to the DOT for funding through the Traffic Safety Improvement Program under
Iowa Code Section 312.2(16) (1993), and the application was approved by
Transportation Commission Order No. PR-94-55 on November 2, 1993.
Pursuant to the terms of this agreement, and applicable statutes and
,[ administrative rules, the DOT agrees to provide funding to the Recipient to
aid in the development of a certain Traffic Safety Improvement project.
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In consideration of the foregoing and the mutual promises contained in
this agreement, the parties agree as follows:
1. The Recipient shall be the lead local, agency fOl' carrying out the
provisions of this agreement.
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2. All notices required under this agreement shall be made in writing to
the DOT and the Recipient's contact person. The DOT's contact person
shall be the District 6 Engineer in Cedar Rapids, Iowa. The Recipient's
contact person shall be the Iowa City Traffic Engineer.
3. The Recipient shall be responsible for the development and completion of
the following described Traffic Safety Improvement project:
The purchase of materials only, for the improvement of the
traffic signal system at the intersections of Burlington
Street and Madison, Capitol, Clinton, Dubuque, Linn, and
Gilbert Streets. The improvement will include a MARC Master
and 6 EPAC controllers with cabinets, 11 6-section left-turn
signal heads, conduit, conductor wire, etc., all as listed in
Recipient's application. See Exhibit A.
4. Eligible project costs for the project described. in paragraph 3 of this
agreement which are incurred after the effective date of this agreement
... !ilh.~U h~ plltd from, Traffic Safety Improvement funds as liste4 below:
Traffic Safety Improvement Funds: $ 71,800
5. The portion of the total project costs paid by Traffic Safety
Improvement funds shall not exceed the amount stated above ($ 71,800) or
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the total cost of the Traffic Safety Improvement eligible items,
whichever is the smaller amount.
6. The project plans, specifications and engineer's cost estimate for site
specific improvements and/or traffic control' devices shall be prepared
and certified by a professional engineer licensed to practice in the
State of Iowa. The Recipient shall submit the plans, specifications and
other contract documents to the DOT for review. This submittal may be
in divisions and in the order of preference as determined by the
Recipient. However, the plans, specifications and other contract
documents for each division must be submitted at least thirty (30) days
prior to the project letting of each division. The DOT shall review
said submittal(s) recognizing the Recipient's development schedule and
shall, after satisfactory review, authorize in writing the'Recipient to
proceed wi th implementation of the project. The work on this project ,
shall be in accordance with the survey, plans, and specifications on
file. Any substantial modification of these plans and specifications
must be approved by the DOT prior to .the modification being put into
effect.
7. In the event that right-of-way is required for the project listed in
paragraph 3 of this agreement, said right-of-way shall be acquired in
accordance with 761 Iowa Administrative Code Chapter 111, Real Property
Acquisition and Relocation Assistance. Additionally, if said right-of-
way is for an improvement to the Primary Road System, it shall be
acquired in the name of the State of Iowa.
8. The Recipient shall be responsible for obtaining any permits, such as
the Right to Occupy and/or Perform Work Within the Right-of-Way,
Entrance/Access, Utility Accommodation, Right to Install and Maintain
Traffic Control Devices, and/or other construction permits required for
the project. Neither the approval of the Traffic Safety Improvement
application for funding nor the signing of this agreement shall be
construed as approval of any required permit from the DOT.
9. The Recipient shall develop all site specific improvements using good
engineering judgment. The Recipient shall use "A Policy on Geometric
Design of Highways and Streets", (latest edition), by the American
Association of State Highway and Transportation Officials and/or "The
Manual on Uniform Traffic Control Devices for Streets and Highways" I by
the Federal Highway Administration, as a guide.
10. If this project requires the installation of or modification to a
traffic control signal system, the Recipient shall be responsible for
all future ownership, maintenance, and energy costs of said installation
or modification.
11. The Recipient shall conduct the project development and implementation
in compliance with applicable laws, ordinances and administrative rules.
For portions of the project let to bid, the Recipient shall advertise
for bidders, make a good faith effort to get at least three (3) bidders,
hold a public letting and award contracts for the project work. DOT
concurrence in the award must be obtained prior to the award. The
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Recipient shall provide the DOT file copies of project letting documents
within five (5) days after letting.
Additionally, for projects where Federal highway funds, Farm-to-Market
funds, or other Federal funds are used 'to match Traffic Safety
Improvement funds, the Recipient shall also follow all administrative
and contracting procedures which would normally be used when such funds
are used on a non-Traffic Safety Improvement project. The Recipient
shall comply with all requirements for the use of said funds.
12. The Recipient shall certify to the DOT's contact person that all known
environmental permits have been received and that all environmental
regulations have been complied with before Traffic Safety Improvement
funds are reimbursed or credited.
13. Project activities or costs eligible for Traffic Safety Improvement
funding include only those items set out in Exhibit B which is attached
hereto and by this reference incorporated into this agreement.
14. Activities or costs ineli.gible for Traffic Safety Improvement funding
include but are not limited to those items set out in Exhibit C which is
attached hereto and by this reference incorporated into this agreement.
15. This agreement shall be considered to be in default if the DOT
determines that the Recipient's application for funding contained
inaccuracies, omissions, errors or misrepresentations.
16. The Recipient shall initiate project activities in a timely manner. The
proposed project completion date is August 1, 1994. If construction of
the project has not been completed by this date, this agreement shall be
considered to be in default. The Recipient may request the approval of
the DOT to revise the completion date. The request must be in writing
and be submitted thirty (30) days prior to the completion date as shown
above.
17. The Recipient may submit to the DOT periodic itemized claims for
reimbursement for eligible project activities. Reimbursement claims
shall include certification by a professional engineer licensed to
practice in the State of Iowa that all eligible project activities for
which reimbursement is requested have been completed in substantial
compliance with the terms of this agreement.
18. The DOT shall reimburse the Recipient for properly documented and
certified claims for eligible project activity costs, either by state
warrant, or by crediting other accounts from which payment may have been
initially made.
19. Upon completion of the project described in this agreement, a
professional engineer licensed to practice in the State of iowa' snau'
certify in writing to the DOT that the project activities were completed
in substantial compliance with the plans and specifications set out in
this agreement. Final reimbursement of Traffic Safety Improvement funds
shall be made only after the DOT accepts the project as complete.
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20. The Recipient shall be responsible for the daily inspection of the
project, and the compilation of a daily log of materials, equipment and
labor on the project. The DOT reserves the right to inspect project
activities and to audit claims for Traffic Safety Improvement funding
reimbursement. The purpose of the inspection or audit is to determine
substantial compliance with the terms of this agreement.
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21. If the Recipient fails to perform any obligation under this agreement,
the DOT shall have the right, after first giving thirty (30) days
written notice to Recipient' by certified mail return receipt requested,
to declare this agreement in default. The Recipient shall have thirty
(30) days from date of mailing of notice to cure the default. If the
Recipient cures the default, the Recipient shall notify DOT no later
than five (5) days after cure or before the end of said thirty (30) day
period to cure default. Within ten (10) working days of receipt of
Recipient's notice of cure, the DOT shall issue either a notice of
acceptance of cure or notice of continued default.
22. In the event a default is not cured the DOT may revoke funding
commitments and/or seek repayment of Traffic Safety Improvement funds
granted by this agreement.
23. The Recipient agrees to indemnify, defend and hold the DOT harmless from
any action or liability arising out of the design, construction,
maintenance, placement of traffic control devices, or inspection of this
project. This agreement to indemnify, defend and hold harmless applies
to all aspects of the DOT's application review and approval process,
plan and construction reviews, and funding participation.
24.
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The Recipient shall comply with all provisions of the equal employment
opportuni ty requirements prohibiting discrimination and reqUlrwg
affirmative action to assure equal employment opportunity as required by
the Iowa Code Chapter 601A (1993). No person shall, on the grounds of
age, race, creed, sex,color, national origin, religion, or disability,
be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for
which the Recipient receives state funds from the DOT.
The Recipient shall use positive efforts to solicit bids from and to
utilize minority, women and/or disadvantaged business enterprises as
contractors and ensure that the contractors make positive efforts to
utilize these enterprises as subcontractors, suppliers or participants
in the work covered by this agreement. Efforts shall be made and
documented in accordance with Exhibit D which is attached hereto and by
this reference incorporated into this agreement.
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26. If any part of this agreement is found to be void and unenforceable then
the remaining provisions of this agreement shall remain in effect.
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27. This agreement is not assignable without the prior written consent of
the DOT.
28. It is the intent of both parties that no third party beneficiaries be
created by this agreement.
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29. In case of dispute concerning the terms of this agreement, the parties
shall submit the matter to arbitration pursuant to Iowa Code Chapter
679A (1993). 'Either party has the right to submit the matter to
arbi tration after ten (10 ) days notice. to the other party of their
intent to seek arbitration. The written notice must include a precise
statement of the disputed question. DOT and the Recipient agree to be
bound by the decision of the appointed arbitrator. Neither party may
seek any remedy with the state or federal courts absent exhaustion of
the provisions of this paragraph for arbitration.
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30. This agreement shall be executed and delivered in two or more copies I
each of which so executed and delivered shall be deemed to be an
original and shall constitute but one and the same instrument.
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31. This agreement as set forth in paragraphs 1 through 31 herein, including
referenced exhibits, constitutes the entire agreement between the DOT
and the Recipient concerning this project. Representations made before
the signing of .this agreement are not binding, and neither party has
relied upon conflicting representations in entering'into this agreement.
Any change or alteration to the terms of this agreement must be made in
the form of an addendum to this agreement. Said addendum shall become
effective only upon written approval of the DOT and Recipient.
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement
No. 94-TS-OI4 as of the date shown opposite its signature below.
City of Iowa City:
By: I~ c.vA }h. J-~J~-:
Titl~: '}lla: tYz.- . U
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Date: March 1
, 19....2L
I, M"ri"n K. Karr
I certify .that I am the Clerk of the
City, and that Susan M. Horowitz
,who signed said Agreement for
and on behalf of the City was duly authorized to execute the same by virtue of
a formal Resolution duly passed and adopted by the City, on the 1st
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Date: March 1
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EXHIBIT B
(Traffic Control Devices)
Project activities or costs eligible for Traffic Safety
Improvement funds include only the following:
a. The cost of materials purchased for initial
installation of traffic control devices or
replacement of obsolete traffic control devices to
comply with the applicable warrants in the Manual on
Uniform Traffic Control Devices (MUTCD) adopted in
761 Iowa Administrative Code 130.1(321), shall
be eligible for funding.
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EXHIBIT C
(Traffic Control Devices)
Activities and costs ineligible for Traffic Safety
Improvement funds include but are not limited to:
a. Any and all costs incurred prior to Transportation
Commission approval of funding.
b. Maintenance or energy costs for traffic control
devices or lighting.
c. Installation costs.
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EXHIBIT D
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UTILIZATION
OF .
MINORITY, WOMEN, AND/OR DISADVANTAGED BUSINESS ENTERPRISES
ON
THIRD-PARTY STATE ASSISTED PROJECTS
In accordance with Iowa Code Section 19B.7 (1993) and 541 Iowa
Administrative Code chapter 4, it is the policy of the DOT that Minority,
Women and Disadvantaged Business Enterprises (MBE/WBE/DBEs) shall have the
maxlmum practicable opportunity to participate in the performance of contracts
financed in whole or in part with state funds.
Under this policy it is the responsibility of Recipients receiving state
funds to help finance projects to make a positive effort to solicit bids from
and to utilize MBE/WBE/DBEs as contractors and ensure that the contractors
.ake positive efforts to utilize these enterprises as subcontractors,
suppliers or participants in the work covered by this agreement.
The Recipient's "positive efforts" should include, but not be limited to:
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1. Obtaining the names of qualified MBE/WBE/DBE contractors from the
DOT's Office of Contracts and/or seek these contractors through
advertising in general-circulation, trade association or
minority-focused media. The Office of Contracts and the Iowa
Department of Management shall determine whether contractors who
respond to such advertisements qualify for MBE/WBE/DBE designation.
2. Notifying qualified MBE/WBE/DBEs of proposed projects involving State
assisted funding. Notification should be made in sufficient time to
allow the MBE/WBE/DBEs to participate effectively in the bidding
process.
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3. Soliciting bids from qualified MBE/WBE/DBEs on each project, and
identifying for MBE/WBE/DBEs the availability of subcontract work.
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4. Including in the bid proposals for State assisted projects, the
"Contract Provisions for Specific Affirmative Action Responsibilities
on Non-Federal Aid Projects (for Third-Party State Assisted
projects)", or a similar specification developed by the recipient.
5. Ensuring that the awarded contractor has and shall follow the contract
provisions. The Recipient is encouraged to establish gQa).~\...... ....... ._..__ . ....
set-asides or percentages to achieve MBE/WBE/DBE participation in
these projects. Contract goals may vary depending on the type of
project, the project's sub-contractable items, the type of service or
supplies needed for the project, and the availability of qualified
MBE/WBE/DBEs in the area.
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The Recipient shall agree to provide the DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal
and/or telephone contacts with any MBE/WBE/DBEs. Such documentation
can be used to demonstrate the Recipient's positive efforts and it
should be placed in the general project file.
2. Bidding proposals noting established MBE/WBE/DBE goals, if any.
3. The dollar amount contracted to, subcontracted to, or supplied by
qualified MBE/WBE/DBEs for the project or projects covered by this
agreement.
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4. The attached "Checklist and Certification" form shall be filled out
upon completion of each project and forwarded to the DOT's Contact
person.
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CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
MINORITY, WOMEN, AND DISADVANTAGED BUSINESS ENTERPRISES
ON THIRD-PARTY STATE ASSISTED PROJECTS
COUNTY:
PROJECT NUMBER:
RECIPIENT:
AGREEMENT NUMBER:
1. Were qualified MBE/WBE/DBE names obtained from
Iowa DOT's Office of Contracts?
YES
NO
If no, why not?
2. Were qualified MBE/WBE/DBEs notified of project? YES
NO
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If yes, by letter ____, telephone ____, personal contact ____.
If no, why not?
". 3. Were bids solicited from qualified MBE/WBE/DBE's? YES NO
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If no, why not? ' ,:.
4. Was a goal, set-aside or percentage established I:)
for MBE/WBE/DBE participation? YES NO
If yes, what was the goal or percentage?
If no, why not?
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I certify that the Recipient used positive efforts to utilize MBE/WBE/DBE's as
participants in this project.
Project Engineer
Date
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RESOLUTION NO, 94-61
RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION,
. WHEREAS, in December, 1992, Craig Demmon, through his attorney, filed an action in the
Iowa District Court in and for Johnson County, seeking judgment from the City of Iowa City,
and Iowa City employee Anthony Worrell, for damages he claims are the result of a
vehicular accident; and
WHEREAS, the City Council, in executive session, authorized the City Attorney to enter into
negotiations with plaintiff to explore settlement possibilities, and the City Attorney has now
recommended and settled the pending litigation as in the best interest of the City and the
parties involved; and
WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to
plaintiff Demmon in the amount of $45,000 in full satisfaction of any and all claims against
the City or Anthony Worrell in the above case, in consideration for plaintiff's full release and
dismissal of lawsuit, Docket No, 54570,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the above-named action should be and is settled for the sum of $45,000,
payable to Craig Demmon and his attorney of record, in full satisfaction of any and all
claims arising out of the above lawsuit, Docket No, 54570; and
BE IT FURTHER RESOLVED, that the City Council for the City of Iowa City, Iowa hereby
specifically approves said settlement as being in the best interest of the City of Iowa City
and ratify said settlement as provided by law; and
BE IT FURTHER RESOLVED, that said settlement is hereby ratified, contingent, however,
upon plaintiff Craig Demmon's execution of an appropriate Release and Dismissal with
Prejudice, which shall be filed with the Clerk of Court for Johnson County District Court in
the above action,
Passed and approved this ~tcIay of March
,1994,
ATTEST: "'h1tl~ of i!~
~LERK
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MAYOR ----
Approved by:
ann,bUitlg'InId,nvn,n.ra.
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Resolution No. 94-61
Page 2
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It was moved by Kubby and seconded by
adopted, and upon roll call there were:
Throgmorton the Resolution be
AYES:
NAYS:
ABSENT:
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RESOLUTION NO, 94-62
RESOLUTION APPROVING THE PURCHASE OF LABORATORY EQUIP.
MENT AND AMENDING THE BUDGETED POSITIONS IN THE WASTEWATER
TREATMENT DIVISION OF THE PUBLIC WORKS DEPARTMENT.
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WHEREAS, the Public Works Department has been spending about $48,000,00 annually for
"outside" laboratory testing for the Wastewater and Solid Waste Divisions; and
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WHEREAS, the Department's dependence on "outside" laboratory testing has caused long
delays in receiving results which are critical to the operation of the Department; and
WHEREAS, price quotes in the amount of $103,153 have been received for laboratory
equipment necessary to complete laboratory testing work "in house"; and
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WHEREAS, along with the laboratory equipment one additional treatment plant operator will
be needed to most effectively complete the laboratory work; and
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WHEREAS, Resolution No, 93-54 adopted by the City Council on March 2, 1993 authorized
permanent positions in the Public Works Department for FY94; and
WHEREAS, the payback period for the laboratory equipment and additional personnel will be
5,2 years,
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
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It is in the public interest to streamline the testing procedures of the wastewater and
solid waste operations of the Public Works Department, and one method is to purchase
additional equipment and to hire one (1) additional employee to conduct said testing
procedures,
II
2, The Public Works Department is hereby authorized to purchase the necessary lab
equipment to minimize "outside" laboratory testing, obtain test results more quickly and
operate City utilities more efficiently and safely,
3, ' The budgeted positions in the Wastewater Treatment Division of the Public Works
Department are hereby amended by the addition of one Treatment Plant Operator
position, AFSCME pay grade 10,
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Passed and approved this 1 ~t
day of MRrch
, 1994,
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Resolution No.
Page --2-
94-62
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It was moved by Novick and seconded by
adopted, an~ upon rol~ call there were:
Kubbv
the Resolution be
. AYES: NAYS: ABSENT: '.
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X Horowitz
X Kubby
X Lehman
'l Novick
X Pigott
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IOWA CITY WASTEWATER TREATMENT DIVISION
MEMORANDUM
TO:
Chuck Schmadeke
Dave Elias ~
February 23, 1994
FROM:
DATE:
RE: High-Tech Laboratory Equipment and Labor
The Wastewater Division has been spending about $30,000 per year in outside laboratory testing. It is noted
that the Landfill operation will also require about $18,000 per year in analytical testing, as a minimum, Landfill
and wastewater analysis costs are also expected to rise,
Our dependance on outside laboratory services has caused long delays in receiving results and consequentiy
in submitting reports to DNR. Due to the costs and time lags, we have often foregone "non-required" testing
that could be useful in evaluating the operation of the treatment facilities,
The following infonnation has been gathered in order to assess the benefits of equipping the wastewater labs
to handle the analyses which are now being sent out.
TECHNICAL EQUIPMENT REQUIRED
A,
Atomic Absorption Spectrophotometer (AA) - used in analyzing samples for dissolved metals such as
copper, lead, chromium, cadmium, and many others, 80th wastewater plants are required to test for
a series of seven metals each week, The landfill is required to test for a series 10 metals, on a quarterly
or semi-annual basis, in about 50 monitoring wells, (Initially, capability to analyze for mercury to the
"parts per trillion" level will be foregone, due to an expensive single parameter attachment.)
8, Gas Chromatograph (GC) - used in analyzing for organic chemicals such as solvents, petroleum
products, pesticides, and other natural and synthetic organic compounds, The treatment plants analyze
4 samples weekly, while the landfill has an extensive list analyzed quarterly or semi-annualy.
C,
Laboratory facilities - the installation of the above equipment would require a certain amount of bench
space, electrical service, plumbing, and ventilation, The lab area at the South Plant does have
adequate space to allow for the installation of the equipment and associated furnishings,
TECHNICAL PERSONNEL REQUIRED
A. The addition of "AA and GC" work would constitute a significant shift in lab responsibilities, Proper
training, operation and maintenance must be available to insure valid and consistent resuits, The
Wastewater Division has a qualified staff with experience in these areas now, However, the analytical
and preparation time for the additional testing is estimated to be about 1400 hours per year,
The present range of lab activities for the Chemist and Lab Technician includes some of the plant
process control testing, and basic routine monitoring tests, Treatmant Plant Operators hava been in
training and are increasingly involved in completing process control and monitoring tests, We feel this
is an appropriate area for operator involvement, since the data generated is used by them In operating
the system,
However, lab and operating personnel schedules have already been maximized for the duties presentiy
assigned, Additional responsibilities could only be covered by overtime,
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'The additional time required for the new analyses would be equivalent to 213 of a full time position, It.
is fell that the most effective way to fill the necessary hours would be through the appointment of
another Treatment Plant Operator (TPQ), This would allow the Chemist and Lab Tech to shift their
prtmary focus to the more complex analyses, It would also permit enough of a scheduling shift In the
TPQ rotation to allow !!.1Q!S! direct training and supervision of the TPOs by the Chemist, for their process
control testing, The TPOs would be able to consistently take over most all process and compliance
monilortng,
The appointment of another TPO would make more efficient use of time remaining (1/3 of full lime) after
the completion of lab duties, by having the position fully qualified as an operator, The greater depth in
this area would allow for more effective coverage of sick leave and vacetion gaps, with less sacrificing
of maintenance time, (A TPOs, our primary maintenance people, are used as relief Operators when
TPO are absent.)
, B,
A significant amount of time must also be committed to sample collection and well monitoring at the
Landfill, Monthly measurements, quarterly, and semi-annual monitoring are required by the DNR, It
has been suggested that Wastewater Division personnel would be most qualified to handle these
responsibilities, (A proposal from Shive-Hattery, to assume all landfill moniloring requirements totaled
$59,200 for field services and $64,000 estimated for lab services, for a two year period,)
The Wastewater Division does have experience in these types of activities, With the procurement of
the necessary equipment, Division personnel would be capable of carrying out the landfill monitortng
requirements, It is estimated it will take approximately 40 workdays (320 hours) per year for the
monthly, quarterly, and semi-annual monitoring, These activities could be absorbed by the TPOs as
well, if the additional position is created, The collection system crew could also assist in this capacity,
COSTS AND PAYBACK CALCULATIONS
EQUIPMENT:
(~ Atomic Absorption Spectrophotometer $47,901
Gas Chromatograph 42,852
Mise, Accessories
Water De-ionizer 3,700
~ lab benches 4,200
, 'I HVAC 2,500
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plumb/electric 2,000
" TOTAL EQUIPMENT COST $103,153
LABOR TIME:
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AA/GC prep, malnt, and reports
'NWTP sample analyses
Landfill analyses
175 hrs/yr
420
620
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(Lab Analysis time -
Landfill sampling (2 people, 20 days)
1215 hrs/yr)
320 hrsivr
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TOTAL NEW HOURS
(74% of 1 fulltime position)
1535 hrslyr
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LABOR COSTS:
1 TPO position, full time wages & benefits
TOTAL: $34,868/yr,
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TOTAL NEW LABOR COSTS (74% offull) $25,802/yr.
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PAYBACK PERIOD: (5.2 years)
Assuming a cost of $48,000 per year for outside lab services, and deducting the cost of labor
(approx, $26,000), in-house testing would result in about a $22,000 per year reduction in
costs,
,
Around $2000 would still be spent on outside fees for mercury testing, leaving a savings of
$20,000 per year,
Applying the savings to the capital costs of the equipment, ($103,153 + $20,000) payback
would be complete in 5.2 years.
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The figure of 5,2 years is based on the current level of outside lab spending, or the minimum
requirements of the Wastewater and Solid Waste Divisions, It is anticipated that more testing
than this will be required in the future,
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SUMMARY
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It appears that entering into high-tech laboratory operations would be a sound economic decision, By adding
one full time employee and $100,000 in hardware, annual lab expenses would roughly be cut in half,
Furthermore, the capital investment would be paid back in about 5 years,
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Although our present lab staff has some experience In this area, the shiflln responsibilities will entail a strong
commitment to more advanced training for them, It will also require a major commitment to the re-treining of
Treatment Plant Operators, in order for them to competently assume the routine monitoring and compliance
testing of the treatment processes,
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The Wastewater Treatment Division staff remains committed to keeping pace with environmental technology
and skills, We are prepared to accept the responsibility, provided we have the appropriete budget support In
equipment and labor.
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RESOLUTION NO. 94-63
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE POLICE
RECORDS DIVISION OF THE POLICE DEPARTMENT.
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WHEREAS, Resolution No. 93-54, adopted by the City Council on March 2, 1993, authorized
permanent positions in the Department of Police for FY94; and
WHEREAS, Resolution No. 93-108, adopted by the City Council on June 22, 1993, estab-
lished a classification/compensation plan for Confidential/Administrative and Executive
employees.
1. The deletion of one part-time (.50) Clerk Typist, AFSCME grade 4; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the budgeted positions in the Police Records Division be amended by:
2. The addition of one part-time (,50) Administrative Clerk Typist, Administrative/
Confidential grade 23.
Passed and approved this 1st
day of
March
,1994.
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It was moved by Throgmorton and seconded by Baker
adopted, and upon roll call there were:
the Resolution be
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AYES:
NAYS:
ABSENT:
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Baker
Horowitz
Kubby
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Pigott
Throgmorton
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