HomeMy WebLinkAbout1994-06-14 Resolution
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RESOLUTION NO. 94-196
RESOLUTION TO ISSUE DANCING PERMIT
'BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
Holiday Inn, Iowa City - 210 South Dubuque Street
It was moved by Nmri ~lt and seconded by
as read be adopted, and upon roll call there were:
that the Resolution
rrhrngJ11n,..tnn
AYES:
NAYS:
ABSENT:
x
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
11'
x
Passed and approved this 14th day of
, 199J....
June
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;MAYOR '
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RESOLUTION NO.
94-197
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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, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be
granted and the City Clerk be and he/she is hereby directed to issue a permit to the following-
named persons and firms to sell cigarettes:
See Attached List
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It was moved by Nmri 01< and seconded by Throqrnorton the Resolution be
adopted, and upon roll call there were:
--~-
.' AYES: NAYS: ABSENT:
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X Baker
11 Horowitz
11 Kubby
X Lehman
X Novick
X Pigott
X Throgmorton I'
Passed and approved this 14th
day of
June
, 192L-.
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PRINTED : 20-APR-94
PAGE: 1
DOING BUSINESS AS
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LJAMES
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~COASTAL BRANDED MARKETING INC
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~ITY NEWS AND BOOKS
R PAUL PENNINGROTH
'I COLONl:AL LANES
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PRINTED : 20-APR-94
PAGE: 2
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PAUL'S DISCOUNT OF IOWA CITY
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85 00062
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PRINTED : 20-APR-94
PAGE: 6
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SINCLAIR SERVICE STATION & CONV'STORE #4387
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WILLIAM D & DAVID V NORDSTROM
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~AS STEAK CO
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PRINTED : 20-APR-94
PAGE: 7
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DOING BUSINESS AS LICENSE # STICKER #
APPLICANTS NAME
PURPOSE
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RESOLUTION NO. 94-198
RESOLUTION APPROVING APPLICATION FOR PUBLIC HOUSING AND PUBLIC
HOUSING AGENCY REOUEST FOR FRONT-END ANNUAL CONTRIBUTIONS
CONTRACT (ACC).
WHEREAS, it is the policy of the City of Iowa City, Iowa, acting as the Iowa City Housing
Authority, to eliminate substandard and other inadequate housing, to prevent the spread of
slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable
living environment for all of its citizens; and
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WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the
United States of America, acting through the Secretary of Housing and Urban Development
(herein called the "Government"), is authorized to provide financial assistance to local public
housing agencies for undertaking and carrying out preliminary planning of low-rent housing
projects that will assist in meeting this goal; and
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WHEREAS, the Act provides that there shall be local determination of need for low-rent
housing to meet needs not being adequately met by private enterprise and that the
Government shall not make any contract with a public housing agency for preliminary loans
(through the use of a front-end ACC) for surveys and planning in respect to any low-rent
housing project unless the governing body of the locality involved has by resolution approved
the application of the public housing agency for such preliminary loan lthrough the use of a
front-end ACC}; and
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WHEREAS, the Iowa City Housing Authority (herein called the "PHA") is a public housing
agency and is applying to the Government for a front-end ACC to cover the costs of surveys
and planning in connection with the development of low-rent housing;
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IOWA, as follows:
1. That there exists in the City of Iowa City a need for such low-rent housing which is
not being met by private enterprise;
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2. That the application of the PHA to the Government for a front-end ACC in an amount
not to exceed 1 % of the total development cost for surveys and planning in connection
with the low-rent housing projects of not to exceed approximately ten (1 0) dwelling
units is hereby approved.
3.
This Resolution also gives majority approval by the City Council of the City of Iowa
City, Iowa, of the project within its jurisdiction based upon the study or report and
recommendations as required by Section 403A.5 of the Iowa Code.
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Resolution No. 94-1 QR
Page 2
Passed and approved this 14th day of
,1994.
June
ATTEST:~ .f. ~
CITY CEERK .,
It was moved by Novick and seconded by Throgmorton
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
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IOWA CITY HOUSING AUTHORITY
MEMORANDUM
DATE:
June 7, 1994 ~'1~
steve Atkins ~
TO:
FROM:
Ron Henderson
RE:
Public Housing Application
HUD has published a Notice of Funding Availability (NOFA) for Public
Housing. This year Fair Share, new developments, will be funded after
Court ordered developments, homeownership replacements and replacements
for demolition of existing public housing. It is recommended that we
apply for 10 units of three bedroom single family dwellings through
acquisition.
We are in a construction project of thirty-three units that is
requiring considerable staff time due to the lack of current experience
in the process. An, acquisition project would utilize only a few of the
same staff to complete and would provide a better match of our
resources. Mary Lee Dixon would provide most of the effort in this
project.
Our waiting list and present distribution indicates a need for three
bedroom units. Extra points are awarded for projects having large
scattered site units. Smaller units are abundant in the private sector
and the four bedroom unit need can readily be met by remodeling
presently owned threes.
Completion of this project can easily occur within a year. This would
fit in nicely with the completion of the new construction project which
is about 18 months away.
Staff recommends this application.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PUBLIC HOUSING PROGRAM
PHA RESOLUTION IN SUPPORT OF PUBLIC HOUSING PROJECT
RESOLUTION NO. 94-199
WHEREAS, the United States Housing Act of 1937 provides that there shall be local
determination of the need for public housing to meet needs not being adequately met by
private enterprise; and
WHEREAS, under the provisions of the United States Housing Act of 1937, the Department
of Housing and Urban Development (HUD) is authorized to provide financial assistance to
public housing agencies for such housing; and
WHEREAS, the City of Iowa City, in its capacity as the Iowa City Housing Authority (herein
called the "PHA"), is a public housing agencYj
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA (IOWA CITY HOUSING AUTHORITYl AS FOLLOWS:
1.
Determination of Need, The PHA hereby determines that within its area of operation
there is a need for low-income housing to meet needs not being adequately met by
private enterprise.
2. Application and/or Proposal for Housina Assistance. The Mayor of the City of Iowa
City is hereby authorized to have prepared one or more applications and/or proposals
for public housing assistance for development of up to ten (101 dwelling units [and for
a Preliminary Loan of up to $ ]; to sign said applications and/or
proposals on behalf of the PHA and to submit them to HUD, said dwelling units to be
provided by acquisition and not by new construction or rehabilitation.
3.
Annual Contributions Contract (~. When an ACC is forwarded by HUD to the PHA
for execution by the PHA, the Mayor is hereby authorized to execute such ACC on
behalf of the PHA; and the City Clerk is hereby authorized to impress and attest the
official PHA seal on each ACC counterpart and submit to HUD executed counterparts
and related documents as required by HUD.
4.
General Depositarv Aareement. The Mayor is hereby authorized to execute on behalf
of the PHA a General Depositary Agreement(s) and/or Savings Depositary
Agreement(s) each in the form approved by HUD; and the City Clerk is hereby
authorized to impress and attest the official PHA seal on each counterpart and submit
to HUD executed counterparts and related documents as required by HUD.
5.
Fundina for Proiect Development Cost.
(a) In order to fund the Development Cost of Housing projects pursuant to this
Resolution or any other Resolutions as may be required by HUD, the PHA
hereby authorizes the issuance of obligations in its name at such times, in such
amounts, and on such terms and conditions as HUD may direct or approve in
accordance with the ACC.
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(b) The Mayor is hereby authorized to prepare and execute such PHA obligations;
and the City Clerk is hereby authorized to impress and attest the official PHA
seal, deliver the obligations to HUD or such other lenders as HUD may direct,
and accept payment therefor or cause payment to be made as directed or
approved by HUD in accordance with the ACC.
(c) Each such PHA obligation shall be secured in such manner as may be provided
and/or required by HUD in accordance with the ACC. All proceeds from such
PHA obligations shall be deposited and used only as approved by HUD in
accordance with the ACC.
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6.
HUD Requlations. In connection with the development and operation of any program
or activity receiving Federal financial assistance under the United States Housing Act
of 1937, the PHA will comply with all requirements under the applicable regulations
of the Department of Housing and Urban Development, 24 CFR 841 or 24 CFR 805,
as appropriate, and all HUD regulations relating to the operation of public housing
projects.
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7. Meanino of Terms. All terms used in this Resolution which are defined in the ACe
shall have the meanings given to them in the ACe.
8.
Effective Date. This Resolution shall take effect immediately.
Passed and approved this 1 M h
day of
,1994.
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ATTEST: ,1-J,~'~iJ ~ ~
CimLERK . ,
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It was moved by "1Q"isk and seconded by
adopted, and upon roll call there were:
Throgmorton the Resolution be
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RESOLUTION NO. 94-200
RESOLUTION OF COOPERATION
WHEREAS, the City of Iowa City, Iowa (hereinafter called the "Municipality"), acting by and
through the Low Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the
"Public Housing Authority"), has requested from the United States of America, Housing and
Urban Development (hereinafter called "HUD"), a Program Reservation for ten (10) units of
low rent housing to be developed and located within the corporate limits of the Municipality
and may hereafter apply for additional Program Reservations; and
WHEREAS, the Municipality, acting by and through the Public Housing Authority, shall
endeavor to secure one or more contracts with HUD for loans and annual contributions in
connection with the development and administration of such low rent housing projects, all
pursuant to the United States Housing Act of 1937, as amended (hereinafter called the
"Act"); and
WHEREAS, all such low rent housing projects are for a public purpose and exempt from all real
and personal property taxes under the statutes of the State of Iowa; and
WHEREAS, the Municipality desires to assist and cooperate in such undertakings and to
comply with the provisions of Sections 10(a), 10(h), and 15(7)(b) of the Act, as well as all
other applicable provisions thereof.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
Section 1. Whenever used in this resolution, the following terms shall have the following
meanings:
(a)
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The term "Complex" shall mean any low rent housing hereafter developed as one
operation by the Public Housing Authority with financial assistance of HUD and
included within any Program Reservations issued to the Municipality, acting by and
through the Public Housing Authority, by HUD which in the aggregate may not exceed
ten (10) units of low rent housing. A Complex will generally be located on a single site
but may be on scattered sites.
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The term "Taxing Body" shall mean the State or any political subdivision or taxing unit
thereof (including the Municipality) in which a Complex is situated and which would
have authority to assess or levy real or personal property taxes or to certify such taxes
to a taxing body or public officer to be levied for its use and benefit with respect to a
Complex if it were not exempt from taxation.
(c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Complex
for dwelling rents and non-dwelling rents (excluding all other income of such Complex),
less the cost of all dwelling and non-dwelling utilities.
(d) The term "Slum" means any area where dwellings predominate which, by reason of
dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or
sanitation facilities, or any combination of these factors, are detrimental to safety,
health or morals.
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Page 2
Section 2. The Municipality agrees that with respect to any Complex, so long as either (a)
such Complex is used for low rent housing purposes, or (b) any contracts between the
Municipality, acting by and through the Public Housing Authority, and HUD for loans or annual
contributions, or both, in connection with such Complex shall remain in full force and effect,
or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever
period is the longest, the Municipality will not levy or impose any real or personal property
taxes upon such Complex or upon the Public Housing Authority with respect thereto.
During such period, the Public Housing Authority shall make annual payments to the
Municipality (hereinafter called "Payments in Lieu of Taxes") in lieu of such taxes and in
payment for public services and facilities furnished for or with respect to such Complex. Each
Annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for
such Complex and shall be in an amount equal to either (a) ten percent (10%) of the
aggregate Shelter Rent charged by the Public Housing Authority in respect to such Complex
during such fiscal year, or (b) the amount permitted to be paid by applicable state law in effect
on the effective date of this resolution, whichever amount is the lower; provided, however,
that upon failure of the Public Housing Authority to make any such Payment in Lieu of Taxes,
no lien against any Complex or assets of the Public Housing Authority shall attach.
The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in
accordance with applicable state law; provided, however, that no payment for any year shall
be made to any Taxing Body (including the Municipality) in excess of the amount of the real
property taxes which would have been paid to such Taxing Body for such year if the Complex
were not exempt from taxation.
Section 3. During the period commencing with the date of the acquisition of any part of the
site or sites of any Complex and continuing so long as either (a) such Complex is used for low
rent housing purposes, or (b) any contract between the Municipality, acting by and through
the Public Housing Authority, and HUD for loans or annual contributions, or both, with respect
to such Complex shall remain in force and effect, or (c) any bonds issued in connection with
such Complex shall remain outstanding, whichever period is the longest, the Municipality,
without cost or charge to the Public Housing Authority or the tenants of such Complex (other
than the Payments in Lieu of Taxes) shall:
(a) Furnish or cause to be furnished to the Public Housing Authority and the tenants of
such Complex public services and facilities of the same character and to the same
extent as are furnished from time to time without cost or charge to other dwellings and
inhabitants in the Municipality;
(b) Vacate such streets, roads, and alleys within the area of such Complex as may be
necessary in the development thereof, and without charge, transfer to the Public
Housing Authority jurisdiction of any interest the Municipality may have in such
vacated area; and insofar as it is lawfully able to do so without cost or expense to the
Public Housing Authority and/or to the Municipality, cause to be removed from such
vacated areas, insofar as it may be necessary, all public or private utility lines and
equipment;
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Page 3
(c) Insofar as the Municipality may lawfully do so, grant such waivers of the building code
of the Municipality as its Council deems appropriate under the circumstances and are
reasonable and necessary to promote economy and efficiency in the development and
administration of such Complex; and make such changes in any zoning of the site and
surrounding territory of such Complex as its Council deems appropriate under the
circumstances and are reasonable and necessary for the development and protection
thereof;
(dl Accept grants of easements necessary for the development of such Complex; and
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(el Cooperate with the Public Housing Authority by such other lawful action or ways as
the Municipality and Public Housing Authority may find necessary in connection with
the development and administration of such Complex.
Section 4. In respect to any Complex, the Municipality further agrees that within a reasonable
time after receipt of a written request therefor from the Public Housing Authority:
(al It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks
within the area of such Complex after the Public Housing Authority, out of Complex
development funds, has completed the grading, improvement, and paving thereof in
accordance with specifications acceptable to the Municipality; and
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(b) It will accept necessary dedications of land for, and will grade, improve, pave, and
provide sidewalks for, all streets bounding such Complex or necessary to provide
adequate access thereto (in consideration whereof the Public Housing Authority shall
pay to the Municipality as Complex development costs such amount as would be
assessed against the Complex site for work if it were privately owned); and
(cl It will provide, or cause to be provided, water mains, and storm and sanitary sewer
mains, leading to such Complex and serving the bounding streets thereof {in consider-
ation whereof the Public Housing Authority shall pay to the Municipality as Complex
development costs such amount as would be assessed against the Complex site if it
were privately ownedl.
Section 5. If the Municipality shall, within a reasonable time after written notice from the
Public Housing Authority, fail or refuse to furnish or cause to be furnished any of the services
or facilities which it is obligated hereunder to furnish or cause to be furnished to the Public
Housing Authority or to any Complex, then the Public Housing Authority upon obtaining such
services or facilities elsewhere shall deduct the cost therefor from any Payments in Lieu of
Taxes due or to become due to the Municipality in respect to any Complex or any other low
rent housing Projects assisted or owned by HUD.
Section 6. The Municipality agrees that so long as any contract between the Municipality,
acting by and through the Public Housing Authority, and HUD for loans (including preliminary
loans I or annual contributions, or both, with respect to any Complex shall remain in force and
effect, or so long as any bonds issued in connection with such Complex shall remain
outstanding, this resolution shall be regarded as a contract and shall not be abrogated,
changed, or modified without the consent of HUD. The privileges and obligations of the
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Resolution No. 94-200
Page 4
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Municipality hereunder shall remain in full force and effect with respect to each Complex so
long as the beneficial title to such Complex is held by the Municip<1!ity or some other public
body or governmental agency, including HUD, authorized by law to engage in the development
or administration of low rent housing Projects. If at any time the beneficial title to, or
possession of, any Complex is held by such other public body or governmental agency,
including HUD, the provisions hereof shall inure to the benefit of and may be enforced by,
such other public body or governmental agency, including HUD.
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Section 7. No Cooperation Resolution heretofore entered into between the Municipality and
the Public Housing Authority shall be construed to apply to any Complex covered by this
resolution.
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Section 8. In the event any provision hereof is held invalid, the remainder shall not be
affected thereby, it being the intent of this resolution to cooperate in the development and
administration of the Complex or Complexes to the fullest extent permitted by law.
Passed and approved this 14th day of
,1994.
June
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adopted, and upon roll call there were:
'1'h,..ngmn,..tn~he Resolution be
AYES:
NAYS:
ABSENT:
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Horowitz
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RESOLUTION NO.
RESOLUTION OF COOPERATION
WHEREAS, the City of Iowa City, Iowa (hereinafter called the "Municipality"), acting by and
through the Low Rent Housing Agency of the City of Iowa City, Iowa (hereinafter called the
"Commission"), has requested from the United States of America, Housing and Urban
Development (hereinafter called "HUD"). a Program Reservation for ten (10) units of low rent
housing to be developed and located within the corporate limits of the unicipality and may
hereafter apply for additional Program Reservations; and
WHEREAS, the Municl ality, acting by and through the Commission, hall endeavor to secure
one or more contracts 'th HUD for loans and annual contributi s in connection with the
development and adminis ation of such low rent housing projec ,all pursuant to the United
States Housing Act of 193 ,as amended (hereinafter called e "Act"); and
WHEREAS, all such low rent h using projects are for a pub!' purpose and exempt from all real
and personal property taxes u er the statutes of the S te of Iowa; and
WHEREAS, the Municipality des es to assist and operate in such undertakings and to
comply with the provisions of Sec 'ons 10(a), 10( , and 15(7)(b) of the Act, as well as all
other applicable provisions thereof.
NOW, THEREFORE, BE IT RESOLVED Y THE ITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that:
Section 1. Whenever used in this resol n, the following terms shall have the following
meanings:
(a) The term "Complex" shall
operation by the Commissi with financl I assistance of HUD and included within any
Program Reservations iss ed to the Munic ality, acting by and through the Commis-
sion, by HUD which in the aggregate ma not exceed ten (10) units of low rent
housing. A Complex II generally be locate n a single site but may be on scattered
sites.
(b) The term "Taxing ody" shall mean the State or a political subdivision or taxing unit
thereof (includin the Municipality) in which a Com lex is situated and which would
have authority 0 assess or levy real or personal prope y taxes or to certify such taxes
to a taxing b y or public officer to be levied for its us and benefit with respect to a
Complex if i were not exempt from taxation.
(c)
The term Shelter Rent" shall mean the total of all charges to II tenants of a Complex
for dwel ng rents and non-dwelling rents (excluding all other inc SOf such Complex).
less th cost of all dwelling and non-dwelling utilities.
The erm "Slum" means any area where dwellings predominate whi Q, by reason of
dilppidation, overcrowding, faulty arrangement or design, lack of ventilation, light or
sanitation facilities, or any combination of these factors, are detrimental to safety,
health or morals.
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Section 2. The Municipality agrees that with respect to any Complex, so long as either (a)
such Complex is used for low rent housing purposes, or (b) any contracts between the
Municipality, acting by and through the Commission, and HUD for loans or annual
contributions, or both, in connection with such Complex shall remain in full force and effect,
or (c) any bonds issued in connection with such Complex shall remain outstanding, whichever
period is the longest, the Municipality will not levy or impose any real or personal property
taxes upon such Complex or upon the Commis' with respect thereto.
During such period, the Commission sh I make annual paymen s to the Municipality
(hereinafter called "Payments in Lieu of Tax s") in lieu of such taxes nd in payment for public
services and facilities furnished for or with respect to such Com pi x. Each Annual Payment
in Lieu of Taxes shall be made after the en of the fiscal year es ablished for such Complex
and shall be in an amount equal to either (a ten percent (10%) f the aggregate Shelter Rent
charged by the Commission in respect to uch Complex duro g such fiscal year, or (b) the
amount permitted to be paid by applicable tate law in eff t on the effective date of this
resolution, whichever amount is the lowe . provided, h ever, that upon failure of the
Commission to make any such Payment in ieu of Tax ,no lien against any Complex or
assets of the Commission shall attach.
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The Municipality shall distribute the Payments in Lie of Taxes among the Taxing Bodies in
accordance with applicable state law; provided, ho ever, that no payment for any year shall
be made to any Taxing Body (including the Mun'c' ality) in excess of the amount of the real
property taxes which would have been paid to s h Taxing Body for such year if the Complex
were not exempt from taxation.
Section 3. During the period commencing ith th date of the acquisition of any part of the
site or sites of any Complex and continuin so long either (a) such Complex is used for low
rent housing purposes, or (b) any contra t between he Municipality, acting by and through
the Commission, and HUD for loans or. annual contri utions, or both, with respect to such
Complex shall remain in force and ef ct, or (c) any nds issued in connection with such
Complex shall remain outstanding, ichever period is e longest, the Municipality, without
cost or charge to the Commission the tenants of sucH Complex (other than the Payments
in Lieu of Taxes) shall:
(a) Furnish or cause to be f nished to the Commission d the tenants of such Complex
public services and fa i1ities of the same character nd to the same extent as are
furnished from time t time without cost or charge to 0 er dwellings and inhabitants
in the Municipality;
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(bl Vacate such stre s, roads, and alleys within the area of uch Complex as may be
necessary in the evelopment thereof, and without charge, tra sfer to the Commission
jurisdiction of a interest the Municipality may have in such va ated area; and insofar
as it is lawfull able to do so without cost or expense to the Com ,ission and/or to the
Municipality. cause to be removed from such vacated areas, insofar as it may be
necessary, all public or private utility lines and equipment;
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Resolution No.
Page 3
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Insofar as the Municipality may lawfully do so, grant such waivers of the building code
of the Municipality as its Council deems appropriate under the circumstances and are
reasonable and necessary to promote economy and efficiency in the development and
administration of such Complex; and make such changes in any zoning of the site and
surrounding territory of such Complex as its Council d~ems appropriate under the
circumstances and are reasonable and necessary forzthe ~evelopment and protection
thereof;
Accept grants of easements ne essary for the dev~ pment of such Complex; and
Cooperate with the Commissi n by such otryh lawful action or ways as the
Municipality and Commission m /I find necessar,y in connection with the development
and administration of such Com lex,
(d)
(e)
Section 4. In respect to any Complex, the Municip ity further agrees that within a reasonable
time after receipt of a written request th refor f om the Commission:
la) It will accept the dedication of all int ri r streets, roads, alleys, and adjacent sidewalks
within the area of such Complex aft the Commission, out of Complex development
funds, has completed the grading, i rovement, and paving thereof in accordance with
specifications acceptable to the un cipality; and
(b) It will accept necessary dedic ions 0 land for, and will grade, improve, pave, and
provide sidewalks for, all str ets bou ding such Complex or necessary to provide
adequate access thereto (in consideratl n whereof the Commission shall pay to the
Municipality as Complex evelopment osts such amount as would be assessed
against the Complex site or work if it w re privately owned); and
lc) It will provide, or caus to be provided, w !er mains, and storm and sanitary sewer
mains, leading to suc Complex and serving e bounding streets thereof (in consider-
ation whereof the Co mission shall pay to th Municipality as Complex development
costs such amount s would be assessed agai t the Complex site if it were privately
owned).
Section 5. If the Muni pality shall, within a reasonable 'me after written notice from the
Commission, fail or ref se to furnish or cause to be furnish Q any of the services or facilities
which it is obligated h reunder to furnish or cause to be furn~'shed to the Commission or to
any Complex, then th Commission upon obtaining such servic s or facilities elsewhere shall
deduct the cost ther for from any Payments in Lieu of Taxes d ~ or to become due to the
Municipality in resp ct to any Complex or any other low rent hoUsing Projects assisted or
owned by HUD.
Section 6. The M nicipality agrees that so long as any contract between the Municipality,
acting by and thr ugh the Commission, and HUD for loans (including preliminary loans) or
annual contributions, or both, with respect to any Complex shall remain in force and effect,
or so long as any bonds issued in connection with such Complex shall remain outstanding,
this resolution shall be regarded as a contract and shall not be abrogated, changed, or
modified without the consent of HUD. The privileges and obligations of the Municipality
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Page 4
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hereunder shall remain in full force and effect with respect to each Complex so long as the
beneficial title to such Complex is held by the Municipality or some other public body or
governmental agency, including HUD, authorized by law to engage in the development or
administration of low rent housing Projects. If at any time the beneficial title to, or possession
of, any Complex is held by such other publi c!Y. or governmental agency, including HUD,
the provisions hereof shall inure to the ben fit of and may be enforced by, such other public
body or governmental agency, including H D. ,
Section 7. No Cooperation Resolution heret fore entered into betwee )the Municipality and
the Commission shall be construed to apply to any Complex covere y this resolution.
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Section 8. In the event any provision her of is held invalid, he remainder shall not be
affected thereby, it being the intent of this r solution to coo erate in the development and
administration of the Complex or Complexes to the fulles xtent permitted by law.
Passed and approved this
ATTEST:
CITY CLERK
day of
,1994.
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RESOLUTION NO. 94-201
RESOLUTION ACCEPTING THE WORK FOR THE RIVERSIDE DRIVE RIVER
TRAIL PROJECT.
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WHEREAS, the Engineering Division has recommended that the improvements covering the
Riverside Drive River Trail Project as included in a contract between the City of Iowa City and
All American Concrete, Inc. of North Liberty, Iowa, dated April 11, 1994, be accepted; and
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WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
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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
14th day of
.Tl1na.
, 1994.
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CIT LERK
Ap r~ve~
City Attorney's Office 6 !? / f
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adopted, and upon roll call there were:
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CITY OF IDJfA CITY
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ENGINEER'S REPORT
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Honorable Mayor and City Council
Iowa City, Iowa
June 6, 1994
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RE: Riverside Drive River Trail Project
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Riverside Drive River Trail Project
has been completed in substantial accordance with the plans and specifications
of the Engineering Division of the City of Iowa City. The required performance
and payment bond is on file in the City Clerk's office.
The final construction cost amounted to $32,845.04.
I recommend that the above-referenced improvements be accepted by the City of
Iowa City.
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Sincerely,
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Richard A. Fosse, P.E.
City Engineer
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no EAST WASIIINOTON STREET' IOWA CITY, IOWA 52240.1826. (319) 356.1000' FAX (319) 356.1009
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RESOLUTION NO. 94-202
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, WATER MAIN, REINFORCED CONCRETE BOX CULVERT AND PA VING
PUBLIC IMPROVEMENTS FOR WALNUT RIDGE, PART 3, 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, storm sewer, and water main improvements for Walnut Ridge, Part 3,
as constructed by Maxwell Construction Inc. of Iowa City, Iowa.
Reinforced concrete box culvert improvements for Walnut Ridge, Part 3, as construct-
ed by Iowa Bridge & Culvert, Inc. of Washington, Iowa.
Paving improvements for Walnut Ridge, Part 3, as constructed by Metro Pavers, Inc.
of Iowa City, Iowa.
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
Passed and approved this 14th day of ,Tl1np
,1994.
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Approved by
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C Y Attorney's Office
It was moved by Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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CITY OF IOWA CITY
ENGINEER'S REPORT
June 8, 1994
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Honorable Mayor and City Council
Iowa City, Iowa
RE: Walnut Ridge, Part 3
Dear Honorable Mayor and Councilpersons:
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I hereby certify that the construction of the sanitary sewer, storm sewer, water
main, reinforced concrete box culvert, and paving improvements for Walnut
Ridge, Part 3, 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,
storm sewer and water main improvements constructed by Maxwell Construction
Inc. of Iowa City, Iowa, the reinforced concrete box culvert improvements
constructed by Iowa Bridge & Culvert, Inc. of Washington, Iowa, and the paving
improvements constructed by Metro Pavers, Inc. of Iowa City, Iowa.
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I recommend that the above-referenced improvements be accepted by the City of
Iowa City.
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Sincerely,
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City Engineer
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RESOLUTION NO. 94-203
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RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM
SEWER, TILE LINES, WATER MAIN AND PAVING PUBLlGIMPROVEMENTS
FOR SOUTH POINTE ADDITION, PART 1, AND DECLARING PUBLIC IMPROVE-
MENTS OPEN FOR PUBLIC ACCESS AND USE.
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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, storm sewer, tile lines and water main improvements for South Pointe
Addition, Part 1, as constructed by Maxwell Construction Inc. of Iowa City, Iowa.
Paving improvements for South Pointe Addition, Part 1, as constructed by Metro
Pavers, Inc, of Iowa City, Iowa.
, '
WHEREAS, maintenance bonds have been filed in the City Clerk's office; and
WHEREAS, traffic control signs have been installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT:
Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that all
dedications and public improvements previously set aside as not being open for public access
are hereby formally accepted and declared open for public access and use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
Passed and approved this 14th day of June
,1994.
ATTEST: ~'f(. ..J!~
CIT CLERK
.L1Ma...A),. I
f!iAYOR
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~A~ney'S Office :;'1;/
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It was moved by Novick and seconded by 'l'h,.ngJ11n,.rnn the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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CITY OF IOWA CITY
ENGINEER'S REPORT
June 8, 1994
Honorable Mayor and City Council
Iowa City, Iowa
RE: South Pointe Addition, Part 1
Dear Honorable Mayor and Councilpersons:
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I hereby certify that the construction of the sanitary sewer, storm sewer, tile
lines, water main, and paving improvements for South Pointe Addition, Part 1
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, storm sewer,
tile lines, and water main improvements constructed by Maxwell Construction,
Inc. of Iowa City, Iowa, and for the paving improvements constructed by Metro
Pavers, Inc. of Iowa City, Iowa.
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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
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RESOLUTION NO. 94-204
RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE
DEPARTMENT OF ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY
SHELTER GRANTS PROGRAM FUNDING.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U .S, Department of Housing and Urban Development funding to provide shelter services
for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for the
homeless in Iowa City; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding in the amount of $56,310 available to the City of
Iowa City for the support of the Domestic Violence Intervention Program, the Emergency
Housing Project, and Youth Homes, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1.
The Agreement for Iowa Emergency Shelter Grants Program funding, a copy of which
is on file in the City Clerk's office, is hereby approved as to form and content.
2. The Mayor is hereby authorized to execute and the City Clerk to attest the Agreement
for Iowa Emergency Grants Program funding,
Passed and approved this J 4th
day of June
, 1994.
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,MAYOR -
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Approved by
ATTEST: 7It~ 'If.' i!~
CITY~CLERK
It was moved by N",d 01< and seconded by Throl1J1lorton
be adopted, and upon roll call there were:
the Resolution
AYES: NAYS: ABSENT:
x Baker
x Horowitz
x Kubby
x Lehman
x Novick
x Pigott
x Throgmorton
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EMERGENCY SHELTER GRANTS PROGRAM CONTRACf
TABLE OF CONTENTS
ARTICLE I
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
DEFINITIONS ,... . , . , . . . , . . , . . . . . . . . . . . , , . . . . . . . . . , . , . . .. 1
ACf ...,.....,...,.".."".."......,.......,.,...",.".,....",.....,.'""., 1
ALLOWABLE COSTS.. , , . , , , , , ." , .... ,. ,., .. ..,. , ,....',....'. , . . . ..., ... .. . . , . . .. 1
AWARD DATE..... , , . . . . , . .. ... . ......... . . .. . , , .. , .......... . . , ,....... . , ,.. .... 2
CONTRACf EXPIRATION DATE. .., . , ,.. ,...' ,. ... . . .., ,......... . . , ,.. ,... , . , .., ,.., 2
EFFECfIVE DATE. ..""....,..,..,."",..,..,....",.....,.....,...,..,.,.....,. 2
EMERGENCYSHELTER GRANTS PROGRAM (ESGP). .. . . , .. . .. . .. .. .. . , . .. . .. .. , . . .. .. . " 2
GRAi'I'T ..".......,...".....,.,.....,.....".,....,........",......."......., 2
GRAi'I'T COi'lTRACf OR CONTRACf .,....,......,.".."..........,.."",..,.....,.. 2
HUD . ... . , , .. .... . . , , , . . .., .., . . . . , , , , ..... , , . , ,.. . .. , ... ,', . . , .. , . . . , , , , . . .. . . ,. 2
HOMELESS ,.,...",....,......,.,............",."".,..,....""",.,',.,..... 2
PROJECf . , . , . . . , . . . , , . . . . . , . . . . , , , , , , , , . . . . , . . . . . . , , , . . . , , . , . , . . , , , , , , . . , . , . . , " 2
ARTICLE 2
FUNDING, . , , . . . . . . . . , , , , . , . , . . . , , . . . . . , . , . , . . , . . , . , . .. 3
2.1 FUNDING SOURCE ..",...........,.....",...."."".".",.....,.,....,.,",... 3
2.2 RECEIPT OF FUNDS ..".,...,.......,..,.....".....,..""",.,...,..,......,.,.. 3
2.3 PRIOR COSTS "...".. , . , , . . . . , . . . . . . , , . . . . . , , , , . , . . . , . . . . . . . . , . , . . . , , . . . . , . . . . .. 3
2,4 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT .,.",....',...,...,.",.,., 3
3.1
3.2
3.3
3.4
4.1
4.2
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5.2
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5.3
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6,1
6.2
6.3
6.4
6.5
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7,2
7.3
7.4
7.5
7,6
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ARTICLE 3
TERMS OF GRANT, .. . , , .. . .. . .. , , , , .. , . , . , . .. .. ',' , . . . .. .. " 3
TIME OF PERFORMANCE ,........"."",..........,..,........."..,.....,.....,. 3
MAXIMUM PAyMENTS..,......,..,."....",.........,..".,..,...,....,....,..". 3
LOCAL EFFORT REOUlREMENTS ,..:"""..,.....""...........".,."... , . , . . , , ,. 3
ADMINISTRATION ,....,.........,....,..""...".......,.....,....."".......... 4
ARTICLE 4
PERFORMANCE TARGET ACHIEVEMEi'I'T ,...,..,.,...."..,....",...... 4
PERFORMANCE TARGETS. . , . . . , , , . . . . . , . . . , . , , . . . . , . . . . . . , . . . . . . , . . . , . , , , , . . . . . . ., 4
CALCULATION OF PROJECf COMPLETION, , , . . . , . . . . . , . . . . , . . . . . . . . . , . . , . . , . . . . , . , , .. 4
ARTICLE 5
USE OF FUNDS .."",.".,.,.....".,...",......"...... 4
GENERAL "....,.,.,..,.",."."....""........,...."",......,.",....".", 4
SPECIAL ..,."".,.,..........,...,.....",..."."...,.,...".,......",..,.... 4
(a) EXPENDITURE OF 1I0USING PREVEi'I'TION FUNDS ".."".....""....,. 4
BUDGET REVISIONS , . . . . , . , , , . . , . , , . , , , . , , . . . . . , . . . , , , , , , , , , . . , . , , , , . , , . , . . . , . . . .. 4
ARTICLE 6
CONDITIONS TO DISBURSEMENT OF FUNDS ",.."",.,.,.,.....,.......,. 5
PROGRAM SCHEDULE .. . . . . . . , . , , . , . . . . , . . , . , . , . . . , . . , . . . , . . . . . . , . . . . . . . . , . , , . , , .. 5
GRANT CONTRACf EXECUTED, . , , . , , , , , , , , , . , .. . . . . .. , , , , , , , , , , , . . , .. , .. , . , . . .. , , " 5
COMPLIANCE WITII ENVIRONMENTAL REOUIREMEi'I'TS , , , , . , . . . . , . . . . , . , , , . . . . , . , , , , , ., 5
PERMITS AND LICENSES .,.",."."...""........".,."",.,.,.."""...,....., 5
SUBRECIPIENT AGREEMENT. . . . . . . , , , , . . . . . . . . . . . , . , . . . . . . . , . . , . . . , , , , , , , . . . . , , , , " 5
ARTICLE 7
REPRESENTATIONS AND WARRANTIES OF GRANTEE.", ",..."..".".....,.,' 5
AUTHORITI' ".....,.,...",..,.."""".........".."...."."."",.""",., 5
FINANCIAL INFORMATION ."."".."",."".",.""""".",..."..,.,..""., 5
APPLICATION, . , . , . , . . , , . , , , . , , . , , . . . . . . , . . . . . . . . . . . . . . . . . , . , . , , . , , , , . . . , . " ,,', 5
CLAIMS AND PIlOCEEDlNGS ".....""."".........."""....."".",...,...,.., 6
PRIOR AGREEMENTS" , , , , , , , , . . , . , , , , , . . . . . . . . . . . , . , . . . . . . , , . , . . . . , , , , . . . . , , , , . . " 6
EFFECfIVE DATE OF REPRF,SENTATIONS AND WARRANTIES., , , . " . , , . . , , . . , , , , ., , . . ., .. 6
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MISCELLANEOUS ,,,,,,,,,,,,,,,,,,,,.,,,.,,,,,.,,,,,,,," 11
1 1.1 LIMIT ON GRANT PROCEEDS ON llANO, , , " , , " " . , " , , " " " . " , " .. , .. , .. .. .. .. ,.. 11.
11.2 BINDING EFFECT."."..,..",...""..",.,...,......,.,..".""",.....,.,.., 11
11.3 SURVIVAL OF CONTRACT .. .. , , , .. .. , , , .. .. .. .. . .. . .. . .. , . , , .. , . .. , .. .. .. .. .. " ... 12
11.4 GOVERNING LAW",.,.....""..""...."."......",.."""".,."..,...,..., 12
11.5 NOTICES ",..,...;.,."".,...",.,.,....,."......"."",.".,..,."",."." 12
11.6 WAIVERS, , , . .. .. , , .. ... .., , ...., , ......... , , , ..... , , ,.. .. , , , , ...... .. , , .. .... ,. 12
11.7 LIMITATION, , , , , , . . , , . , . , , , . , , . , . , . , , , , . , , . , . , . . . , . , , , , . . . . , , , , , . , . . , , . , . . . , , " 12
11.8 HEADINGS,."""...""".,.."...""",..""",..,.,...,.,.."."..,.",.., 12
11.9 INTEGRATION.. , .. , . , , , , , , .. .. , , . .. , , , , " , .. . , , , .. . .. .. , .. . , . .. , , , .. .. .. .. , .. ., '12
11.10 COUNTERPARTS".... "".....",..""""..............".., """,.."....,...., 12
ATfACIIMENT A: APPLICATION
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ATfACHMENT C:
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ARTICLE 8
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COVENANTS OF TIlE GRANTEE ,...."....,............."",,,..,. 6
AFFIRMAffi'E COVENANTS. . , . , . . , , , . . . . . , , , . , . . . . , , , , . , . . . , , , , . , , . . , . . , , , . , . . , . . " 6
(6) PROJECT WORK AND SERVICES .. .. .. , , , .. .. . .. , , .. .. , .. . , , . .. .. , .. ,. 6
(b) REPORTS.., ..... ., ......, ,.,..... , , ...,. .., , , . , , " ,.. ., .., .., " .. 6
(c) RECORDS .,.."",.......,.,.....",..,...,...,."".....,.,",.. 7
(d) ACCESS TO RECORDSIINSPECTIONS .."....,..,...""........."".. 7
(e) , USE OF GRANT FUNDS. . , . , . , . . , . , , , . , . . . , , . . . . . , . . , . . ; , . . ... . . , . , , .' 7
(I) DOCUMENTATION....."..,."...,.,.,.,......,...,."......,.,.., 7
(g) NOTICE OF PROCEEDINGS ..,..".,.............,............,,,..., 7
(h) INDEMNIFICATION. , , . . , , , . , . , , . , , , . . . . , , . , . . . . . . .. . . , , . . . , . , , . . . " 7
(I) NOTICE TO DEPARTMENT. , , , , , , . . . . . . . , , , . , , , . . . . . . . . . , . , , , , , . , , . ,. 8
Gl CERTIFICATIONS "....,,,..,..,.......,...,,..,.......,,,,,.....,. 8
(k) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE ....'""..".,. 9
NEGATIVE COVENANTS.,. ,.. , ., ..", ,. , , ",. ., , ...... , ,.. ".. , . , " , ,.. , , " , ..,., .. 9
(6) ASSIGNMENT ....,."""",.......,.".."",..,..,.",..,..,",. 9
(b) ADMINISTRATION ".".",.,..,.....",.."".."""."..,.,,',.. 9
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ARTICLE 9
9.1
DEFAULT AND REMEDIES. , , , , , , . , . . . . . . . . . . , , . . . . , . , . , , . , , . . ., 10
EVENTS OF DEFAULT .,......,.".....,."".,..,...,..,.".,......,..,.,',..,.., 10
(8) MATERIAL MISREPRESENTATION, ...... .... , ..,.. , ".... .. ... ..,... 10
(b) NONCOMPLIANCE ..",..".,........",.".,.""",...,.....",. 10
(c) CONTRACT EXPIRATION DATE...... , , , , ... , .... . , , , , , '.. ...... ,.... 10
(d) MISSPENDING, , , . . . . , . , . . . , . , . . . , , . . . . . , , . . , . . . . . . . . , , , . . , . , , . . ., 10
(e) INSURANCE. , . , . . , , . . , , . , , , . , . . , , . . , . . . , . . , . . . , . , . . . . . , , , , , , , . . ., 10
NOTICE OF DEFAULT. . . , , , , , , . , . . , , . , . . . . . , . , , . . . . , . . , . , , , . . . , . . . . , , . . , , , , , , . , , ,. 10
REMEDIES UPON DEFAULT, , , . . . . ,I. . . . , , . . . , , . , , , . . . . , , . , . , , . , , . , , , , , , . , , , . , , , , , ,. 10
FAILURE TO MEET PERFORMANCE TARGETS."."......"""."".,.,........",.. 10
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ARTICLE 10
INCORPORATED DOCUMENTS. . . . , , , , , , . , , , , . . . , . , . . , , . . , , , , , , , " 11
10.1 DOCUMEJ\'TS INCORPORATED BV REFERENCE, .. . .. .. , .. , .. , , .. , , . , . .. .. , , .. .. , . .. ..' 11
10.2 ORDER OF PRIORITY .. .. .. .. , " , , .. .. , , , " , , .. .. .. .. , , . .. .. . .. , .. .. .. . .. , .. .. .. ,. 11
ARTICLE II
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BUDGET SUMMARV
PROGRAM SCHEDULE
ATfACHMENT D: GENERAL PROVISIONS
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IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
EMERGENCY SHELTER GRANTS PROGRAM
GRANT CONTRACT
ESGP CONTRACT NUMBER:
AWARD DATE:
EFFECTIVE DATE:
AWARD AMOUNT:
94-ES-013
March 24. 1994
Julv 1, 1994
$56,310.00
TIllS EMERGENCY SHELTER GRANTS PROGRAM ("ESGP") CONTRACT is made by and between
the IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, 200 East Grand Avenue, Des Moines, Iowa 50309
("Department" or "!DED") and City of Iowa City ("Grantee").
WHEREAS, the Department is designated to receive, administer, and disburse ESGP funds; and
WHEREAS, the Department desires to disburse grant funds to the Grantee for eligible pUfposes to
improve the quality of existing emergency shelters for the homeless; and
, ,
WHEREAS, the Grantee submitted an application for funding to the Department and the Department has
approved the application; and
WHEREAS, in approving the application the Department has relied upon the representations of proposed
Project activities; management and financial condition of the Grantee; investment of other Project funds; and other
material information contained therein; and
WHEREAS, the Grantee has certified to the Department that the primary purpose for obtaining ESGP
funds is to improve the quality of existing emergency shelters for the homeless;
I,!. ,
NOW, THEREFORE, the Grantee accepts this grant upon the terms and conditions set forth in this
! Contract. In consideration of the mutual promises contained in this Contract and other good and valuable
~" 'i ; consideration, it is agreed as follows:
,
I ARTICLE 1
III
! I DEFINITIONS
III
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, As used in this Contract, the following terms shall apply:
\ ,'% :' 1.1 ACT. "Act" means the Stewart B, McKinney Homeless Assistance Act of 1988 as amended.
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applicable to the ESGP program.
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CONTRACT NUMBER 94-ES-OI3
PAGE 2
\.3 AWARD DATE. "Award Date" means the date on which the Department approved the ESGP
participation.
1.4 CONTRACT EXPIRATION DATE. "Contract Expiration Date" means the date the Contract
ceases to be in force and effect. The Contract expires upon the occurrence of one of the following: a) the Grantee
fulfills the conditions and project activities agreed to herein as of the last date specified in Article 3.1; or b) the
Contract is tenninated by the Department due to any default under Article 9; or c) tenninated in accordance with
provisions set forth in Sections 8 and 9 of the General Provisions, Attachment D of this Contract.
1.5 EFFECTIVE DATE. "Effective Date" means the date upon which the services of the Grantee are
to begin and upon which eligible costs may be incurred against the Contract.
\.6 EMERGENCY SHELTER GRANTS PROGRAM (ESGP). "Emergency Shelter Grants
Program" means the grant program authorized by the Stewart B. McKinney Homeless Assistance Act of 1988, as
amended.
\.7 GRANT. "Grant" means the award of ESGP funds to the Grantee for Project activities.
1.8 GRANT CONTRACT OR CONTRACT. "Grant Contract" or "Contract" means this Contract
and all of the notes, leases, assignments, mortgages, and similar documents referred to in the Contract and all other
instruments or documents executed by the Grantee or otherwise required in connection with the Contract, including
the ESGP grant and a related shelter's grant application together with any related submittal documents.
\.9 HUD. "HUD" means the U.S. Department of Housing and Urban Development.
1.1 0 HOMELESS. "Homeless" means an individual or family who lacks a fixed, regular, and adequate
nighttime residence; or an individual or family who has a primary nighttime residence that is:
. a supervised publicly or privately operated shelter designed to provide temporary living accommodations;
. an institution that provides a temporary residence for individuals intended to be institutionalized; or
. a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for
human beings.
The tenn does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a
State Law.
1.11 PROJECT. "Project" means the detailed description of the work, services, and other activities to
be perfonned or accomplished by the Grantee as described in this Contract and the ESGP application approved by
the Department.
ESGP Grant t!.~ I.j
Revised March 2, 1994
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rAGE 3
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ARTICLE 2
FUNDING
2.1 FUNDING SOURCE. The source of funding for the Grant is a federal appropriation for the
Emergency Shelter Grants Program (ESGP).
2,2 RECEIPT OF FUNDS. All payments under this Contract are subject to receipt by the Department
of sufficient federal funds for the ESGP program. Any tennination, reduction or delay of ESGP funds to the
Department shall, at the option of the Department, result in the tennination, reduction or delay of ESGP funds to
the Grantee.
2.3 PRIOR COSTS. No costs incurred prior to the Effective Date may be included as Project costs
for the pUrposes of this Contract.
2.4 DISBURSEMENT OF LESS THAN THE TOTAL A WARD AMOUNT. If the total award
amount has not been requested by the Grantee within ninety (90) days of the Contract Expiration Date, then the
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ARTICLE 3
TERMS OF GRANT
3.1 TIME OF PERFORMANCE. The services of the Grantee are to commence as of the first day of
July, 1994 and shall be undertaken in such sequence as to assure their expeditious completion. All of the services
required hereunder shall be completed on or before June 30, 1995.
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3.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts to
be paid to the Grantee by the Department for any item of work or service shall confonn to the budget as presented
in Attachment B, "Budget Summary". It is further understood and agreed that the total of all payments to the
Grantee by the Department for all work and services required under this Contract shall not exceed fifty-six
thousand three hundred and ten dollars ($56,310.00) unless modified by written amendment of this Contract as
provided in Section 1.0 of the General Provisions.
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3.3 LOCAL EFFORT REQUffiEMENTS.
(a) Cash. If the Grantee agrees to provide cash contribution to the Project, then such
contribution shall be provided in accordance with the approved Budget Summary, Attachment B. Expenditures
above budgeted levels necessary to complete the statement of work and services shall be paid by local funds.
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contribution shall be as shown in the approved Budget Summary, Attachment B.
(c) It is expressly understood by the Grantee that should local effort not at least equal grant
funds expended, the Grantee will be required to refund the difference between the documented local effort and
grant funds expended. As part of the Payment Request/Status of Funds (specified in Article 8. ] (b)), the grantee
shall identity the cash and in-kind local efforts contributed du'ring the report period.
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CONTRACT NUMBER 94-ES-0 13
PAGE 4
3.4 ADMINISTRATION. This Contract shall be administered in accordance with 261 Iowa
Administrative Code, Chapter 24 and all applicable State and Federal laws and regulations, including the Iowa
Emergencv Shelter Grants Imolementation Manual, which has been distributed by IDEO to the Grantee.
ARTICLE 4
PERFORMANCE TARGET ACHIEVEMENT
4.1 PERFORMANCE TARGETS. On the Contract Expiration Date, the Grantee shall have
accomplished the activities and perfonnance targets as described in Attachment B, "Budget Summary", and as
further elaborated in Attachment A, ESGP Grant Application,
4.2 CALCULATION OF PROJECT COMPLETION. The Department has the final authority to
assess whether the Grantee has met their perfonnance targets at the Contract Expiration Date, The Department shall
detennine completion according to the perfonnance targets set forth in Attachment B, "Budget Summary". The
Department reserves the right to monitor and measure at any time during the Contract tenn the achievement of the
perfonnance targets.
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ARTICLE 5
USE OF FUNDS
5.1 GENERAL. The Grantee shall perfonn in a satisfactory and proper manner, as detennined by
the Department, the work activities and services as written and described in the approved grant proposal
(Attachment A) as summarized in the Grantee's approved 1993 Emergency Shelter Grants Budget Summary
(Attachment B) and Program Schedule (Attachment C).
5.2 SPECIAL.
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(a) EXPENDITURE OF HOUSING PREVENTION FUNDS. The Grantee shall ensure the
use and expenditure of Contract funds for the purpose of homelessness prevention within 180 days of the start of
this Contract. Any funds remaining in the budget for this purpose after the expiration of the 180 days may be
utilized for other purposes only after a fomlal budget amendment to this Contract. If the Grantee cannot utilize
any funds remaining for other purposes, the Department may require the amendment of this Contract to reduce the
award amount by a similar amount.
5.3 BUDGET REVISIONS. Budget revisions which would result in increases of budgeted line item
amounts in excess of ten percent (10%) or ten thousand dollars ($10,000), whichever is less, shall be subject to
approval of the Department through the contract amendment process. Budget line item decreases which would
lower the Grantee's perfonnance level required under this Contract must be approved by the Department through
the amendment process, In no instance shall a budget revision result in total costs exceeding the total Contract
amount. Budget revisions shall be compatible with the tenns of this Contract and of such a nature as to qualify as
an allowable cost. Budget revisions requested during the final ninety (90) days of the Contract period will be
approved by the Department only if it detennines that the revisions are necessary to complete Project activities.
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CONTRACT NUMBER 94-ES-0I3
PAGE 5
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ARTICLE 6
CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Department shall be under no obligation
to disburse to the Grantee any amounts under this Grant Contract:
6.1 PROGRAM SCHEDULE. The Grantee shall have submitted a completed Program Schedule on
the fonn provided by the Department and received the Department's approval of the Program Schedule,
Attachment C, The Program Schedule, labeled Attachment C, shall be incorporated by reference into this Contract
upon the Department's approval.
6.2 GRANT CONTRACT EXECUTED. The Grant Contract shall have been properly executed and,
where required, acknowledged.
6.3 COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS. Funds shall not be released
under this Contract until the Grantee has satisfied the environmental review and release of funds requirements set
forth in 24 CFR 576.52, as summarized in the Iowa Emergencv Shelter Grants Implementation Manual. 0
6.4 PERMITS AND LICENSES. The Department reserves the right to withhold funds until the
Department has reviewed and approved all material, such as penn its or licenses from other state or federal
agencies, which may be required prior to project commencement.
6.5 SUBRECIPIENT AGREEMENT. The Department, prior to the release of funds for the
Activity(ies), shall receive and review the subrecipient agreement between the grantee and approved subrecipient(s).
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ARTICLE 7
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REPRESENTATIONS AND WARRANTIES OF GRANTEE
To induce the Department to make the Grant referred to in this Contract, the Grantee represents, covenants
and warrants that:
7.1 AUTHORITY. The Grantee is duly authorized and empowered to execute and deliver the Grant
Contract. All action on the Grantee's part, such as appropriate resolution of its governing board for the execution
and delivery of the Grant Contract, has been effectively taken.
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7.2 FINANCIAL INFORMATION. All financial statements and related materials concerning the
Project provided to the Department are true and correct in all material respects and completely and accurately
represent the subject matter thereof as of the effective date of the statements and related materials, and no material
adverse change has occurred since that date.
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Grantee which were submitted to the Department for ESGP funding is a complete and accurate representation of
ESGP Grant ForJa~~~
Revised March 2, 1994
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CONTRACT NUMBER 94-ES-013
PAGE 6
,I
the Project as of the date of submission and there has been no material adverse change in the organization,
operation, or key personnel of the Grantee since the date the Grantee submitted its ESGP application to the
Department.
7.4 CLAIMS AND PROCEEDINGS. There are no actions, lawsuits or proceedings pending or, to
the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever their rights to
execute the Grant or the ability of the Grantee to make the payments required under the Grant, or to otherwise
comply with the obligations of the Grant contained under the Grant. There are no actions, lawsuits or proceedings
at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the
Grantee, threatened against or affecting the Grantee or any property involved in the Project.
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7.5 PRIOR AGREEMENTS. The Grantee has not entered into any verbal or written contracts,
agreements or arrangements of any kind which are inconsistent with the Grant Contract.
7,6 EFFECTIVE DATE OF REPRESENTATIONS AND WARRANTIES. The covenants,
warranties and representations of this Article are made as of the award date of this Contract and shall be deemed to
be renewed and restated by the Grantee at the time of each advance or request for disbursement of funds.
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ARTICLE 8
, '
COVENANTS OF THE GRANTEE
8.1 AFFIRMATIVE COVENANTS. Until the project has been closed ou~ audited, and approved by
IDED, the Grantee covenants with IDEO that:
(a) PROJECT WORK AND SERVICES. The Grantee shall perfonn work and services
detailed in the ESGP application by the Contract Expiration Date. Shelters are .required, to the maximum extent
practicable, to involve homeless individuals and families in the construction, renovation, maintenance, and
operation of facilities assisted under the Emergency Shelter Grant Program.
(b) REPORTS. The Grantee shall prepare, review and sign the requests and reports as
specified below in the fonn and content specified by the Department. The requests and reports shall be submitted
to the Department by the 10th of the month when due, and for final reports, within thirty (30) days after the
Contract Expiration Date. The G,antee shall review all reimbursement requests, to be submitted not more often
than once a month, and verify that claimed expenditures are allowable costs. The Grantee shall maintain
documentation adequate to support the claimed costs,
REPORT
DUE DATE
Activity Status Report (Fonn 3)
10th of every month accompanying any funds request
(original and one copy)
ESOP Grant t~~L}
Revised March 2, 1994
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CONTRACT NUMBER 94-ES,O 13
PAGE 7
Pavment ReauestlStatusofFunds (Fonn I) 10th of every month after submitting initial request (original and
three copies)
Summarv Perfonnance Report (F onn 3-D) Within 15 days of Contract completion and within 15 days of the
end of a calendar year.
Updates to the ApplicantlReipient
Disclosure Report
As needed due to changes
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In accordance with Single Audit Act of 1984.
The Department reserves the right to require more frequent submission of the reports than as shown above if, in the
opinion of the Department, more frequent submissions would help improve the Grantee's Emergency Shelter
Grants Program.
(c) RECORDS. The Grantee shall maintain books, records, documents and other evidence
pertaining to all costs and expenses incurred and revenues received under this Grant Contract in sufficient detail to
reflect all costs, direct and indirect, of labor, materials, 'equipment, supplies, services and other costs and expenses
of whatever nature, for which payment is claimed under this Grant Contract. The Grantee shall maintain books, @
records and documents in sufficient detail to demonstrate compliance with the Grant Contract and shall maintain
these materials for a period of three (3) years beyond the date upon which the final audit of the project is accepted
by IDED. Records for non-expendable property acquired under this Contract shall b,e retained for a three (3) year
period after the final disposition of property, Records shall be retained beyond the prescribed period if any
litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In
these instances, the records shall be retained until the litigation, audit or claim has been finally resolved.
(d) ACCESS TO RECORDS/INSPECTIONS. The Grantee shall, without prior notice and at
any time, penn it HUD or its representatives, the General Accounting Office or its representatives, and the
Department, its representatives or the State Auditor to examine, audit and/or copy (i) any plans and work details
pertaining to the Project, (ii) all of the Grantee's books, records and accounts, and (Hi) all other documentation or
materials related to this Grant; the Grantee shall provide proper facilities for making such examination and/or
inspection.
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(e) USE OF GRANT FUNDS. The Grantee shall expend funds received under the Grant only
for the purposes and activities described in this Contract and as approved by the Department.
(I) DOCUMENTATION. The Grantee shall deliver to IDEO, upon request, (i) copies of all
contracts or agreements relating to the Project, (ii) invoices, receipts, statements or vouchers relating to the Project,
(Hi) a list of all unpaid bills for labor and materials in connection with the Project, and (iv) budgets and revisions
showing estimated Project costs and funds required at any given time to complete and pay for the Project.
(g) NOTICE OF PROCEEDINGS. The Grantee shall promptly notify IDED of the initiation
of any claims, lawsuits or proceedings brought against the Grantee.
(h) INDEMNIFICATION. The Grantee shall indemnify and hold hannless the Department,
its officers and employees from and against any and all losses in connection with the perfonnance of this Contract.
ESGP Grant ForlY94
Revised March 2, 1994
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CONTRACT NUMBER 94-ES-0 13
PAGE 8
(i) NOTICE TO DEPARTMENT. In the event the Grantee becomes aware of any material'
alteration in the Project, initiation of any investigation or proceeding involving the Project, or any other similar
occurrence, the Grantee shall promptly notify the Department.
U) CERTIFICATIONS. The Grantee certifies and assures that the Project will be conducted
and administered in compliance with all applicable federal and state laws, regulations and orders. Certain statutes
are expressly made applicable to activities assisted under the Act by the Act itself, while other laws not referred to
in the Act may be applicable to such activities by their own tenns. The Grantee certifies and assures compliance
with the applicable orders, laws and implementing regulations, including but not limited to, the following:
(i) Financial Management guidelines issued by the U.S. Office of Management and
Budget, OMB Circular A-II 0 ("Unifonn Administrative Requirements for Grants and Other Agreements with
Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations"), OMB Circular A-122 ("Cost
Principles of Nonprofit Organiiations"), OMB Circular A.87 ("Principles for Detennining Costs Applicable to
Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments"), OMB Circular
'A-128 ("Audits of State and Local Governments") as implemented by HUD at 24 CFR Part 44, and the
implementing regulations issued by HUD concerning administrative requirements found at 24 CFR Part 85.
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(ii) Title IV of the Stewart B. McKinney Homeless Assistance Act as amended (Public
Law 100.77) and Jegulations which implement this law. (l) ,
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(iii) Department of Housing and Urban Development regulations governing the ESGP
program, 24 Code of Federal Regulations, Part 576.
(iv) Section 102 of the Department of Housing and Urban Development Refonn Act of
1989 (P.L. 101-235), and implementing regulations,
(v) Title VI of the Civil Rights Act of 1964 as amended (Public Law 88.352;
42 U.S.C. 2000d et seq,); Title VIII of the Civil Rights Act of 1968 as amended (Public Law 90.284;
42 U.S.C. 3601 et seq.)j the Iowa Civil Rights Act of 1965; Iowa Executive Order #15, dated April 2, 1973, and
Executive Order #34, dated July 22, 1988; Presidential Executive Order 11063, as amended by Executive Order
12259; Presidential Executive Order 11246, as amended; Section 504 of the Vocational Rehabilitation Act of 1973
as amended (29 U.S.C. 794); the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq.); the
Americans with Disabilities Act, as appficable, (P.L. 101-336,42 U.S,C. 12101.12213; and related Civil Rights and
Equal Opportunity statutes; and regulations which implement these laws.
(vi) Fair Housing Act, Public Law 90.284. The Public Fair Housing Act is part of Title
VIII of the Civil Rights Act of 1968 as amended (42 U.S.C. 3601 et seq.); Section 3 of the Housing and Urban
Development Act of 1968 as amended (12 V.S.C. 170Iu); and regulations which implement these laws.
(vii) Executive Orders 11625, 12432, and 12138 as amended, to encourage the use of
minority and women's business enterprises in connection with activities funded under the program.
(viii) Davis.Bacon Act, as amended (40 U.S,C. 276a - 276a.5), where applicable under
Section 110 of the Housing and Community Development Act of 1974, as amended; Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti.Kickback Act (18 V.S.C. 874); the Department of
Defense Reauthorization Act of 1986; and regulations which implement these laws,
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Revised March 2, 1994
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CONTRACT NUMBER 94-ES-013
PAGE 9
(ix) Fair Labor Standards Act and implementing regulations.
(x) Lead Based Paint Poisoning Prevention Act (42 V.S,C. 4821 - 4846), as amended,
and implementing regulations.
(xi) National Environmental Policy Act of 1969 (NEP A), as amended, and
implementing regulations.
(xii) The Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.) and the Coastal
Barriers Resources Act (16 V.S,C. 3501)
(xiii) Vnifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970,
as amended, (URA)(42 V.S.C. 4601) and implementing regulations;
(xiv) Hatch Act (regarding political partisan activity and federally funded activities) and
implementing regulations.
(xv) Government-wide Restriction on Lobbying Certification [Section 319 of Public Law
101-121] and implementing regulations.
(xvi) Drug Free Workplace Act of 1988 and the regulations found at 24 CFR part 24,
subpart F.
(xvii) Administrative rules adopted by the Iowa Department of Economic Development,
261 Iowa Administrative Code, chapter 24.
(xviii) Financial and Program Management guidelines issued by the Iowa Department of
Economic Development: the Iowa Emergency Shelter Grants Manual, the !DED Audit Guide.
(k) MAINTENANCE OF PROJECT PROPERTY AND INSURANCE. The Grantee and
any subrecipient shall maintain the Project property in good repair and condition, ordinary wear and tear excepted,
and shall not suffer or commit waste or damage upon the Project property. At the Department's request, the
Grantee or subrecipient shall pay for and maintain insurance as is customary in their industry. This insurance shall
be in an amount not less than the full insurable value of the Project property. The subrecipient shall name the
Grantee and Department as a mortgagee and/or an additional loss payee, as appropriate, and the Grantee shall name
the Department as a mortgagee and/or an additional loss payee, as appropriate,and submit copies of the policies to
the Department.
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8.2 NEGATIVE COVENANTS. During the Grant Contract tenn the Grantee covenants with !DED
that it shall not, without the prior written disclosure to and prior written consent of !DED, directly or indirectly:
(a) ASSIGNMENT. Assign its rights and responsibilities under this Grant Contract.
(b) ADMINISTRATION. Discontinue administration activities under the Contract.
ESGP Grant Folf9 ~
Revised March 2, 1994
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CONTRACT NUMBER 94.ES.0 13
PAGE 10
ARTICLE 9
DEFAULT AND REMEDIES
9.1
Contract:
EVENTS OF DEFAULT. The following shall constitute Events of Default under this Grant
(a) MATERIAL MISREPRESENTATION. If at any time any representation, warranty or
statement made or furnished to the Department by, or on behalf of the Grantee in connection with this Contract or
to induce the Department to make a grant to the Grantee shall be detennined by the Department to be incorrect,
false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to
the Department's satisfaction within thirty (30) days after written notice by the Department is given to the Grantee,
(b) NONCOMPLIANCE. If there is a failure by the Grantee to comply with any of the
covenants, tenns or conditions contained in this Contract.
(c) CONTRACT EXPIRATION DATE. If the Project, in the sole judgment of the
Department, is not completed on or before the Contract Expiration Date.
(d) MISSPENDING. If the Grantee expends Grant proceeds for purposes not described in the
ESGP application, this Contract, or as authorized by the Department.
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( e) INSURANCE. If loss, theft, damage or destruction of any substantial portion of the
property of the Grantee occurs for which there is either no insurance coverage or for which, in the opinion of the
Department, there is insufficient insurance coverage. '
9.2 NOTICE OF DEFAULT. IDEO shall issue a written notice of default providing therein a fifteen
( (15) day period in which the Grantee shall have an opportunity to cure, provided that cure is possible and feasible.
9.3 REMEDIES UPON DEFAULT. If, after opportunity to cure, the default remains, IDED shall
have the right, in addition to any rights and remedies available to it to do one or more of the following:
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(a) exercise any remedy provided by law,
(b) require immediate repayment of up to the full amount of funds disbursed to the Grantee under
this Contract plus interest.
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9.4 FAILURE TO MEET PERFORMANCE TARGETS. If the Grantee is detennined by the
Department to be in default of this Contract due to meeting less than one hundred percent (100%) of its
Perfonnance Targets, the Department may require full Grant repayment or, at its discretion, the Department may
penn it repayment of Grant proceeds which allows partial credit for the perfonnance, targets which have been met,
or the Department may pennit other remedies that the Department detennines to be appropriate.
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Revised March 2, 1994
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CONTRACT NUMBER 94-ES-O 13
PAGE 11
ARTICLE 10
INCORPORATED DOCUMENTS
10.1 DOCUMENTS INCORPORATED BY REFERENCE. The Grantee shall comply with the terms
and conditions of the following documents which are hereby incorporated by reference:
1. Attachment A, "Application," dated January 15, 1994.
2. Attachment B, "Budget Summary," dated March 31,1994.
3. Attachment D, "General Provisions," dated May 3, 1993.
The following document, when approved by the Department, shall be deemed incorporated by reference:
1. Attachment C, "Program Schedule," dated upon approval by the Department.
10.2 ORDER OF PRIORITY. In the event of a conflict between documents of this contract, the
following order of priority shall govern:
1. Articles 1 through II herein.
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Attachment D, "ESGP Program General Provisions", dated May 3, 1993.
Attachment B, "Budget Summary", dated March 31, 1994.
Attachment C, "Program Schedule", dated April 7, 1994.
Attachment A, "ESGP Application", dated January 15, 1994.
ARTICLE 11
MISCELLANEOUS
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11.1 LIMIT ON GRANT PROCEEDS ON HAND. The Grantee shall request Project funds only as
needed and shall not have Grant proceeds, including earned interest, on hand for a period of longer than ten (10)
working days, after which time any surplus amount shall be returned to the Department.
11.2 BINDING EFFECT. This Grant Contract shall be binding upon and shall inure to the benefit of
the Department and Grantee and their respective successors, legal representatives and assigns. The obligations,
covenants, warranties, acknowledgements, waivers, agreements, ternls, provisions and conditions of this Grant
Contract shall be jointly and severally enforceable against the parties to this Grant Contract.
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CONTRACT NUMBER 94-ES-O 13
PAGE 12
11.3 SURVIVAL OF CONTRACT. If any portion of this Grant Contract is held to be invalid or
unenforceable, the remainder shall be valid and enforceable. The provisions of this Grant Contract shall survive
the execution of all instruments herein mentioned and shall continue in full force until the project is completed as
determined by the department.
11.4 GOVERNING LAW. This Grant Contract shall be interpreted in accordance with the laws of the
State of Iowa, and any action relating to the
Grant Contract shall only be commenced in the Iowa District Court for Polk County or the United States District
Court for the Southern District of Iowa.
11.5 NOTICES. Whenever this Grant Contract requires or permits any notice or written request by one
party to another, it shall be in ",Titing, enclosed in an envelope, addressed to the party to be notified at the address
heretofore stated (or at such other address as may have been designated by written notice), properly stamped,
sealed and deposited in the United State Mail. Any such notice given hereunder shall be deemed delivered upon
the earlier of actual receipt or two (2) business days after posting. The Department may rely on the address of the
Grantee setforth heretofore, as modified from time to time, as being the address of the Grantee.
11.6 WAIVERS. No waiver by the DeparlJj1ent of any default hereunder shall operate as a waiver of
any other default or of the same default on any future occasion. No delay on the part of the Department in
exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any
right or remedy by the Department shall preclude future exercise thereof or the exercise of any other right or
remedy.
11.7 LIMITATION. It is agreed by the Grantee that the Department shall not, under any
circumstances, be obligated financially under this Grant Contract except to disburse funds according to the terms of
the Contract
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11.8 HEADINGS. The headings in this Grant Contract are intended solely for convenience of reference
and shall be given no effect in the construction and interpretation of this Grant Contract.
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11.9 INTEGRATION. This Grant Contract contains the entire understanding between the Grantee and
the Department and any representations that may have been made before or after the signing of this Grant Contract,
which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such
prior representation in entering into this Grant Contract.
1 LlO COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
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CONTRACT NUMBER 94-ES-013
PAGE 13
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IN WITNESS WHEREOF, the parties have executed this Grant Contract on the latest day and year
specified below.
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BY:
GRANTEE: CITY OF lOW A CITY .
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.f ~ Hr S an Ho owitz,
410 East Washington Street '
Iowa City, Iowa 52240
Mayor
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BY:
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Revised March 2, 1994
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IOWA EMERGENCY SHELTER GRANTS
ATTACHMENT B
PROGRAM
DATE: March 31,1994
To be filled In by OED
Original
Amendment #
Ad RepSgn
Contract Number: 94-ES-013
Grantee: CITY OF IOWA CITY
Address: 410 East Washington Street Iowa City, Iowa 52240
Homeless Agency(s): (a) Emergency Housing Project, (b) Domestic Violence
Intervention Program, (c) Youth Homes
BUDGET SUMMARV
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AMOUNT BUDGEIED
PROJECT DESCRIPTION PERFORMANCE TARGET ESGP OTHER TOTAL
Activity 1: RENOVATION AND REHABlurA1l0N
(a) Replace Aoor The cost of motorlals and labor to replace
vinyl floor with ceramic tiles In the men's
downstairs bathroom. $700 $700
SUBTOTAL: $700
,
LOCAL MATCH (a) 1,282 Voluntary hours ($5 @ hr) $6,410 $6,410
(b) 4,928 Voluntary hours ($5@ hr) $24.640 $24,640
(c) Bldg Depreciation ($13,000), Staff
Salaries ($10,000), 52 Voluntary haUlS
($5@hr), $25,260 $25,260
SUBTOTAL: $56,310
Activity 3: MAINT.. OPER., IN SUR., UTIL, FURN.
InsUlance- (a) $2.600 (b) $5,000 (c) $3,000 To assist with Insurance expenses when due, $10,600 $10,600
UtIllt1ss- (a) $2,600, (b) $14,400, (c) $7,000 To assist with utility expenses when due. $24,200 $24,200
Furnlshlngs- (c) Furniture for the shetler 2 couehs, 2 roll away couehs, 4 dining room
tables, 16 dining room chairs, 12 sets of
bunk beds, and 6 bedroom sets. $9,000 $9,000
SUBTOTAL: $43,600
Activity 4: HOMELESS PREVENTION
To pey one-time emorgency peyments to
Emorgency Payments- (b) $4,000 (e) 5.000 IndMduals In clangor of losing their current
housing, Payments can be made for rent,
security deposits, and/or utility expenSlls. $9,000 $9,000
~ $9,000
GRANTEE ADMINISTRATION: (Audit, Roportlng, l.ocal Coordination) $2,810 $2,810
TOTAL AMOUNT OF ALL FUNDS BUDGETED: $56,310 $56,310 $112,620
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OWA EMERGENCY SHELTER GRANTS PROGRAM Grantee: CITY OF IOWA CITY
ATTACHMENT C Address: 410 Washol!to 8t Ia City 52240
PROGRAM SCHEDULE Shelter(s): (a) EHP, (b) DVIP,
;Ii;TRSBiiiil! Date: -Aoril 7, 1994 (c) Youth Homcs ,
APPHOVAUk Initial:
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. Accornl')'ishm~ntiSphedtJ'e
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Contract Number: 94-ES-013 , 1 st QTR 2nd QTA 3rd QTR 4th QTA
AfiitY1RhbTt r I. .Mas;:- -: Jl AC:. SP OC NV DC JA FB MF AP MA IN
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Performance Target(s)
Replace Floor (a) X X X X X X X X X X X X
>AC:,tiVitv2iiEssential Services JL AGSP .00 NY DC JA FB MF AP MA IN
Performance Target(s) , , !
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Performance Target(s) I
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Insurance (a,b,c) X X X X X X X X X X X X
Utilities (a,b,c) X X X X X X X X X X X X
Furnishings (c) X X X X X X X X X X X X
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Emergency Payments (b,c) X X X X X X
(NOTE: All 'Activity 4' funds must be
disbursed within 180 days)
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A1TACIMEN1' D
EMERGENCY SHELTER GRANTS PROGRAM (ESGP) CONI'RACf
GENERAL PROVISIONS
TABLE OF CONTENTS
1.0 AMENDMENl'. .........................,....................................................
(8) WRJIlNG RBOUIRED .............................................................,..
(b) UNIlATERAL MODIFICATION .."..,..................,....,....,...,........,....,...
(e) IDIlD REVIEW,.,......,.,...........,..,......,. '......,..,..........,...............
2,0 AUDIT REOUIREMENTS .. .. .. ... , , ... .. ... .... .. ..... .... .. ." ...., ......... .... .. .... .. .....
3.0 COMPllANCE wrIlIlAWS AND REGUlATIONS ....,.............,.......,.......,..............
4,0 UNAUOWABIE COSTS .. .. .. . . .. .. . .. .. .. , , .. . .. . . .. .. .. . .. .. .. . .. .. . .. .. .. . , .. .. . .. . .. .. .. . .
5.0 PROGRAM INCOME...........,........,...............................,.....................
6.0 INI'BRFSfI!ARNED...............,................,.........................................
7,0 SUSPENSION. . .. . , . . , , .. . .. .. , . , .. . .. . .. . .. , .. . . .. . .. .. . .. . .. . .. . .. . .. , .. . . , .. .. .. .. .. .. .. ..
TIlRMINATION . , . . , . , , . . , . , . . . . . . , . . , . . . . . . . . . . . , , . . . . . . . . . . . , . . . . . . . . . . , . . . . . . . . . . . . , . . . . . .
(8) FOR CAUSE. , , . . . . . . , . . . . . . . , . . . . . , . . . . . . . . . . . , . . . . . . . . , . . . . . . . . . , , . . , . . , . , . . . . . , . . .
(b) FOR CONVENIENCE ..,...........,....................,.........................,...
(e) DUE TO REDUcnONORTERMINA11ONOFESGPFUNDING..,..,.....,..,......".,.....
9.0 PROCIDURES UPON TERMINATION ........:...................................".............
(8) NOTICE ....,.............,...,...........,............".".,....,.......,.........
(b) R1GIITS IN PRODUcrs .....,......................................................,..
(e) Rm1JRN OF FUNDS . . . , . . , . , . , . . . . , . . . . . . , . , . . . . . . . . . . . . . . , . , . . . , . . . . , . . . . . . . . . . . . , . .
8,0
10,0 ENFORClMI!Nl' EXPENSES ................,...............................................,..
11.0 INDI!rdNUlICATION "..".,...""""."........,.."",.,..."",.."..",..."....,...,.,.
12.0
roNFllcrOF'~. ".,..",."".."......"",....,.,.....,.,....."....."... .,.,.".
(a) GI!ftJBRAL ..",....,.",...",..".,.........,..".",....."..,.....,..".,
(b) PERSONS OOVBRl!J) ..""....".,..""."...,..""....",...".,."......,
(c) OONF'lJCTS OF JNmRl!S'f , . . , . , . . . , , , . . . . . , . . . . . . . . . . , . . . . . , . , , . . , . . . , . . , . , . . .
13.0
USE OF DIlIlARRIID, SUSPENDIlD. OR INEUGIDIE CONI'RACfORS OR SUBRBCPIENTS ,.........,..,
14.0 CML RlGI-rrs. "",.""",..".,...""".."...."..,.....,.,.,...,.,.,..,..,...",."..,.
(8)
(b)
(e)
(d)
(e)
(I)
(g)
(h)
(i)
DISCRIMINATION IN ~LOYMI!N'r "."..""..,..."",.,...,.,....,......"",...,'
CONSIDERATION FOR IlMPLOYMI!N'r .. .. . .. .. .. . . . .. . .. , , .. . .. . .. .. . .. .. .. . .. . . .. , . .. .
CIVD..RlGI-fI'SCOMPUANG!INIJPdPLOYMI!N'r...".".,...,..,..,..,.,...,......,.,.,. .
CER11FICATION REGARDING GOVERNMI!lITI'.WIDE RESJ'RlCI10N ON LOBBYING ......,.,..
PROGItAM NONDISCRIMINATION .".,.....".".....,.,.,.....,.,...,..,....".....,'
PAIR 1lOUSlNG . , . . . , . . , , . . , . , . , . . . , . . . . , . . , , . , . . , , . . , , . . , . . , . . . , . . . . . . . , , . . . . . . , , . , .
SP...cnON 3 OOMPUANrn .,.,.,....,..,."....,........"..,..,.,......,..,.,...,.....
NONOOMPIlANcr! WJ'I1I '11m avn.. RIGI-ffS lAWS. ... , ,... '.. , ., . ...' , " .. .' , ,... .. , ." ,
INc:LUS10N IN SUnOON1'RACIS ...."..."..."."."...,........."....",.,......,..
15.0 POlInOO..ACJ1VTI1'..."."...,.".",..,."..."...."."".....,....,.".,.,....,.,.....,
16.0 MINORrI'Y ANI) WOMJ1..N BUSINESS IW11!RPRISES ...,...,..".""....,.........,.,.....,.,.....
17,0 DRUG ADUSF.. "."....,.",.",...,...."."..,..............,.,.......,.......".........,
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A'ITACHMENT D
GENERAL PROVISIONS
EMERGENCY SHELTER GRANTS PROGRAM (ESGP)
Approved May 3, 1993
1.0 AMENDMENT.
3.0
4.0
(a) WRITING REOUIRED. The Contract may only be amended through written
, prior approval of IDED. Examples of situations where amendments are
required include extensions for completion of Project activities, changes to t)1e
Project including, but not limited to, alteration of existing approved activities
or inclusion of new activities.
(b) UNILATERAL MODIFICATION. Notwithstanding paragraph "a" above,
IDED may unilaterally modify the Contract at will in order to accommodate
any change in the Act or any change in the interpretation of the Act or any
applicable federal, state or local laws, regulations, rules or policies. A copy of
such unilateral modification will be given to the Grantee as an amendment
to this Contract.
(c) IDED REVIEW. IDED will consider whether an amendment request is so
substantial as to necessitate reevaluating IDED's original funding decision on
the Project. An amendment will be denied if it substantially alters the
circumstances under which the Project funding was originally approved or if
it does not meet requirements set forth in 261 Iowa Administrative Code,
Chapter 24.
,
1"'\ 2.0' AUDIT REQUIREMENTS.
(a) SINGLE AUDIT. The Grantee shall ensure that an audit is performed in
accordance with the Single Audit Act of 1984 (P.L. 98.502) as implemented
at 24 CFR part 44, IDED's administrative rules for the ESGP program (261
Iowa Administrative Code 24), the Iowa Emergency Shelter Grants Program
Manual and the IDED Audit Guide distributed by IDED.
(b) ADDITIONAL AUDIT. As a condition of the grant to the/Grantee, IDED
reserves the right to require the Grantee to submit to a post Project
completion audit and review in addition to the audit required above. Such an
audit and review will be at the expense of the Grantee.
COMPLIANCE WITH LAWS AND REGULATIONS, The Grantee shall comply
with all applicable State and federal laws, rules, ordinances, regulations and orders.
JJNALLOWABLE COSTS, If IDED determines at any time, whether through
monitoring, audit, closeout procedures or by other means or process that the Grantee
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ESGP General Provisions
Page 2
Approved May 3, 1993
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has expended funds which are unallowable, the Grantee will be notified of the
questioned costs and given an opportunity to justify questioned costs prior to IDED's
final determination of the disallowance of costs. Appeals of any determinations will
be handled in accordance with the provisions of Chapter 17A, Iowa Code. If it is
IDED's final determination that costs previously paid by the IDED are unallowable
under the terms of the Contract, the expenditures will be disallowed and the Grantee
shall repay to IDED any and all disallowed costs.
5.0 PROGRAM INCOME. All program income as defined in OMB Circular A-102 and
261 Iowa Administrative Code, Chapter 24, shall either be added to the Project
Budget and used to further eligible Project objectives as defined in the Contract and
the Scope of Work in the ESGP Application for funding. Program income not used
to further Project objectives will be deducted from the total Project Budget for the
purpose of determining the amount of reimbursable costs under the Contract. The
final disposition of program income shall be made by IDED.
6.0 INTEREST EARNED. To the extent it can be determined that interest was earned
on ESGP funds, this interest shall be returned to IDED.
7.0 SUSPENSION. When the Grantee has failed to comply with the Contract, award
conditions or standards, IDED may, on reasonable notice to the Grantee, suspend
the Contract and withhold future payments, or prohibit the Grantee from incurring
additional obligations of ESGP funds. Suspension may continue until the Grantee
completes the corrective action as required by IDED. IDED may allow such
necessary and proper costs which the Grantee could not reasonably avoid during the
period of suspension provided IDED concludes that such costs meet the provisions
of HUD regulations issued pursuant to OMB Circular A-87.
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8.0 TERMINATION.
) '!.
(a) FOR CAUSE. ' IDED may terminate the Contract in whole, or in part,
whenever IDED determines that the Grantee has failed to comply with the
terms and conditions of the Contract.
(b)
FOR CONVENIENCE. IDED, the Grantee may terminate the Contract in
whole, or in part, when all parties agree that the continuation of the Project
would not produce beneficial results commensurate with the future
disbursement of funds.
(c)
DUE TO REDUCfIO.N OR TERMINATION OF ESGP FUNDING. At the
discretion of IDED, the Contract may be terminated in whole,' or in part, if
there is a reduction or termination of ESGP federal grant funds to the State.
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ESGP General Provisions
Page 3
Approved May 3, 1993
9.0 I'ROCEDURES UPON TERMINA:TI.QN,
(a) NOTICE. IDED shall provide written notice to the Grantee of the decision
to terminate, the reason(s) for the termination, and the effective date of the
termination. If there is a partial termination due to a reduction in funding, the
notice will set forth the change in funding and the changes in the approved
budget. The Grantee shall not incur new obligations beyond the effective date
and shall cancel as many outstanding obligations as possible. IDED's share of
noncancellable obligations which IDED determines were properly incurred
prior to notice of cancellation will be allowable costs.
(b) RIGHTS IN PRODUCTS, All finished and unfinished documents, data,
reports or other material prepared by the Grantee under the Contract shall,
at IDED option, become the property of IDED.
(c) RETURN OF FUNDS. The Grantee shall return to IDED all unencumbered
funds within one week of receipt of the notice of termination. Any costs
previously paid by IDED' which are subsequently determined to be
unallowable through audit, monitoring, or closeout procedures shall be
returned to IDED within thirty (30) days of the disallowance.
10.0 ~NFORCEMENT EXPENSES. The Grantee shall pay upon demand any and all
reasonable fees and expenses of the Department, including the fees and expenses of
their attorneys, experts and agents, in connection with the exercise or enforcement
of any of the rights of the Department under this Contract.
11.0 JNDEMNIFICATION. The Grantee shall indemnify and hold harmless the
Departmeni, its officers and employees, from and against any and all losses, accruing
or resulting from any and all claims subcontractors, laborers and any other person,
firm or corporation furnishing or supplying work, services, materials or supplies in
connection with the performance of this Contract, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured
or damaged by the Grantee in the performance of this Contract.
12.0 CONFLICT OF INTEREST.
(a) GENERAL. Except for the use of ESGP funds to pay salaries and other
related administrative or personnel costs, no persons identified in paragraph
"b" below who exercise or have exercised any functions or responsibilities with
respect to ESGP assisted activities or who are in a position to participate in
a decisionmaking process or gain inside information with regard to such
activities, may obtain a personal or financial interest or benefit from a ESGP
assisted activity, or have an interest in any contract, subcontract or agreement
with respect thereto, or the proceeds thereunder, either for themselves or
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ESGP General Provisions
Page 4
Approved May 3, 1993
those with whom they have family or business ties, during their tenure or for
one year thereafter.
(b) PERSONS COVERED. The conflict of interest provisions described above
apply to any person who is an employee, agent, consultant, officer, or elected
or appointed official of the Grantee, or of any designated public agencies, or
subrecipients which are receiving ESGP funds.
(c) CONFLICTS OF INTEREST. Chapter 68B, Code of Iowa, the "Iowa Public
Officials Act", shall be adhered to by the Grantee, its officials and employees.
13.0 USE OF DEBARRED. SUSPENDED. OR INELIGIBLE CONTRACTORS OR
SUBRECIPIEl\'TS. ESGP funds shall not be used directly or indirectly to employ,
award contracts to, or otherwise engage the service of, or fund any contractor or
subrecipient during any period of debarment, suspension, or placement hi ineligible
status under the provisions of 24 CFR Part 24 or any applicable law or regulation of
the Department of Labor.
14.0 CML RIGHTS.
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(a) DISCRIMINATION IN EMPLOYMENT. The Grantee shall not discriminate
against any qualified employee or applicant for employment because of race,
color, religion, sex, national origin, age, or physical or mental.disability. The
Grantee may take affirmative action to ensure that applicants are employed
and that employees are treated without regard to their race, color, religion,
sex, national origin, age, or disability. Such action shall include but may not
be limited to the following: employmen~ upgrading, demotion or transfers;
recruitment or recruitment advertising; lay-off or termination; rates of payor
other forms of compeI1&ation; and selection for training, including an
apprenticeship. The Grantee agrees to post notices setting forth the provisions
of the nondiscrimination clause in conspicuous places so as to be available to
employees.
P-
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(b) CONSIDERATION FOR EMPLOYMENT. The Grantee shall, in all
solicitations or advertisements for employees placed by or on behalf of the
Grantee, state that all qualified applicants \vill receive consideration for
employment without regard to race, color, religion, sex, national origin, age,
or disability.
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Solicitation and Advertisement . The Grantee shall. list all suitable
employment openings in the State Employment Service local offices.
(c)
CIVIL RIGHTS COMPLIANCE IN EMPLOYMENt The Grantee shall
. comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as
amended, Iowa Executive Order 15, Federal Executive Order 11246, as
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ESGP General Provisions
Page 5
Approved May 3, 1993
amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 V.S.C.
Section 2000d et seq.), the Fair Labor Standards Act (29 U.S.C. Section 201
et seq.), the Americans with Disabilities Act, as applicable, (P.L. 101-336,
42 V.S.C. 12101-12213, Section 504 of the Vocational Rehabilitation Act of
1973 as amended (29 V.S.C. Section 794), and the Age Discrimination Act of
1975 as amended (42 V.S.C. Section 6101 et seq.). The Grantee will furnish
all information and reports requested by the State of Iowa or required by or
pursuant to the rules and regulations thereof and will permit access to payroll
and employment records by the State of Iowa to investigate compliance with
these rules and regulations.
(d) CERTIFICATION REGARDING GOVERNMENT.WIDE RESTRICTION ON
LOBBYING. The Grantee certifies, to the best of his or her knowledge and
belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or
on behalf of the Grantee, to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer
or employee, or an employee of a Member of congress in connection
with this Federal contract, grant, loan, or cooperative agreement, the
Grantee shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Federal Lobbying" in accordance with its instruction.
iii. The Grantee shall require that the language of this certification be
included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, V.S. Code. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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ESGP General Provisions
Page 6
Approved May 3, 1993
(e) PROGRAM NONDISCRIMINATIO.N\ The Grantee shall conform with
requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) and HUD regulations issued pursuant thereto contained in 24 CPR Part
1. No person in the United States shall on the basis of race, color, national
origin, sex or religion or religious affiliation be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available
through this contract. Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or
applicable provisions of the Americans with Disabilities Act (P.L. 101-336,
42 U.S.c. 12101-12213) with respect to an otherwise qualified individual with
a disability, and as also provided in Section 504 of the Vocational
Rehabilitation Act of 1973 (29 U.S.c. Section 794), shall also apply to any
such program or activity.
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(1) FAIR HOUSING. The Grantee shall comply with Title VIII of the Civil
Rights Act of 1968 (42 U.S.C. 3601 et seq.), generally known as the Fair
Housing Act, and with HUD, regulations found at 24 CPR Part 107, issued in
compliance with Federal Executive Order 11063, as amended by Federal
Executive Order 12259.
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(g) SECI'IQN 3 COMPLIANCE. The Grantee shall comply with provisions for
training, employment, and contracting in accordance with Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u).
(h) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the
Grantee's noncompliance with the nondiscrimination clauses of this contract
or with any of the aforesaid rules, regulations, or requests, this contract may
be canceled, terminated, or suspended either wholly or in part. In addition,
the State of Iowa may take further action, imposing other sanctions and
invoking additional remedies as provided by the Iowa Civil Rights Act of 1965
(Chapter 601A, ~ ill J.Qw.) or as otherwise provided by law.
(i) INCLUSION IN SUBCONTRACfS. The Grantee will include the provisions
of the preceding paragraphs of Section 14 in every subcontract unless exempt
by the State of Iowa, and said provisions will be binding on each
subcontractor. . The Grantee will take such action with respect to any
subcontract as the State of Iowa may direct as a means of enforcing such
provisions including sanctions for noncompliance. In the event the Grantee
becomes involved in or is threatened by litigation with a subcontractor or
vendor as a result of such direction by the State of Iowa, the Grantee may
request the State of Iowa to enter into such litigation to protect the interests
of the State of Iowa.
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Page 7
Approved May 3, 1993
15.0 POLITICAL ACI'IVITY. No portion of program funds shall be used for any partisan
, political activity or to further the election or defeat of any candidate for public office.
Neither the program nor the funds provided therefore, nor the personnel employed
, .: in the administration of this Contract, shall be in any way or to any extent, engaged
in the conduct of political activities in contravention of The Hatch Act (5 U.S.C. '15).
,
16.0 )\1INORITY AND WOMEN BUSINESS ENTERPRISES. The Grantee shaH comply
with the requirements of Executive Orders 11625, 12432, and 12138. Consistent with
responsibilities under these Orders, the grantee must make efforts to encourage the
use of minority and women's business enterprises in connection with activities funded
under this part.
17.0 DRUG ABUSE. The Grantee will comply with the requirements of the Anti-Drug'
Abuse Act of 1988 (P. L. 100-690) The Grantee will administer, in good faith,
policies designed to ensure that the assisted homeless facility is free from illegal use,
.~ possession, or distribution of drugs or alcohol by its beneficiaries.
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RESOLUTION NO. 94-205
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RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE EMERGENCY HOUSING PROJECT FOR IOWA EMERGENCY
SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing
shelter services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless
people in Iowa City; and
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WHEREAS, the Emergency Housing Project is an agency which provides emergency shelter and
related assistance to homeless individuals; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding available to the City of Iowa City for the support of
the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes,
Inc.; and
WHEREAS, the Emergency Housing Program's funding Agreement incorporates the Agreement r
between the City and the Iowa State Department of Economic Development (ES-94-013), p
approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Agreement for Iowa Emergency Shelter Grants Program funding of the Emergency
Housing Project, a copy of which is on file in the City Clerk's Office, is hereby approved
as to form and content.
2. The Mayor is hereby authorized to execute and the City Clerk to atlestthe Emergency
Shelter Grants Program Agreement for the Emergency Housing Project.
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Passed and approved this 14th
day of June
,1994.
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MAYOR ~
Approved by
ATTEST: ~~.f. ~
CilfCLERK ' .
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Resolution No. 94-205
Page 2
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It was moved by Nnvi~k and seconded by 'l'hrngmnrtnll the Resolution be
adopted, and upon rolf call there were:
. AYES:
NAYS:
ABSENT:
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All three Emergency Shelter Grants Program
contain identical provisions.
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EMERGENCY SHELTER GRANTS PROGRAM AGREEMENT
This Emergency Shelter Grants Program Agreement is made and entered into on the
day of , 1994, by and between the City of Iowa City,
Iowa, a municipal corporation (hereinafter "City"), and the Domestic Violence Intervention
Program (hereinafter "Provider") for the provision of services and assistance related to City's
Contract No. 94-ES-013 with the State of Iowa Department of Economic Development (IDEO).
1.
The City shall make the sum of$23,400.00 available to Provider in accordance with the
terms and conditions of this Agreement; the Emergency Shelter Grants Program Grant
Contract No. 94-ES-013 between the Iowa Department of Economic Development
(hereinafter "IDEO") and the City, attached hereto as Exhibit I and incorporated by the
reference, and in accordance with any subsequent provisions, requirements and
assurances promulgated by the State of Iowa that apply to said grant. Any such
subsequent requirements are hereby specifically incorporated herein. The City or IDEO
may, at their discretion, terminate this Agreement for failure to adhere to the above-
mentioned requirements, provisions, and assurances. The parties agree that, other than
the above-mentioned subsequent provisions, requirements and assurances, this written
Agreement, with attachments, is the full and complete agreement between the parties.
2.
The City shall be obligated to provide the above-referenced grant funds to Provider only
if said funds are available from the State of Iowa. If the City does not receive grant
funds from the State, this Agreement shall be terminated.
3. Provider, its officers, agents, employees and assigns agree to hold the City and the
State of Iowa harmless from any and all liability, claims, damages and litigation arising
from or incurred by reason of this Agreement.
4.
This Agreement shall be binding upon the City and Provider, and neither shall assign
or transfer its rights and responsibilities without prior written consent of the other.
However, in no event shall the City transfer any ultimate fiscal responsibilities, including
but not limited to, authority to request funds, authorization of activity status reports or
final audit.
5.
This Agreement shall be governed by the laws of the State of Iowa. In the event any
provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such invalid portion shall be severable and shall not invalidate
or render any other provision of this Agreement unenforceable.
6,
The terms and conditions of this Agreement may only be amended or supplemented by
written agreement of both parties and, when necessary, with IDEO concurrence.
Amendments requiring IDEO concurrence include any deviation from the Iowa-Grantee
Program Schedule and Budget.
7.
Provider shall be responsible for and adhere to the requirements listed below. Non-
compliance may be grounds for the City cancelling, terminating, or suspending this
Agreement.
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A. The requirements otTilie VIII of the Civil Rights Act of 1968, 42 U.S.C. 3601-19
and implementing regulations; Executive Order 11063 and implementing
regulations at 24 CFR Part 107; and Tille VI of the Civil Rights Act of 1964 (42
U.S.C. 2002d-1) and implementing regulations issued at 24 CFR Part 1,
S. The prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
C. The requirements of Executive Order 11246 and the regulations issued under
the Order at 41 CFR Chapter 60.
D. The requirements of Section 3 of the Housing and Urban Development Act of
1968, 12 U.S.C. 1701 u,
E. The requirements of Executive Orders 11625, 12432, and 12138. Consistent
with responsibilities under these Orders, the Provider must make efforts to
encourage the use of minority and women's business enterprises in connection
with activities funded under this part.
F.
The requirements of the Anti-Drug Abuse Act of 1988 (P.L. 100-690). Provider
will administer, in good faith, policies designed to ensure that the assisted
homeless facility is free from illegal use, possession, or distribution of drugs or
alcohol by its beneficiaries,
G. Compliance with OMS Circulars A-87 and A-128 regarding Cost Principles and
Uniform Audit requirements,
H, Prohibited use of debarred, suspended or ineligible contractors as required
under 24 CFR Part 24.
8.
During the term of this Agreement, and for three years thereafter, Provider shall provide
assistance to individuals who are homeless and/or victims of domestic violence. This
assistance includes, but is not limited to, temporary shelter and food, counseling and
emotional support, and advocacy in referral to community resources. Provider agrees
to provide said selVices at the current Domestic Violence IntelVention Program facility.
9. As its sole obligation under this Agreement, the City shall pay to Provider the sum of
$23,400.00 to be used by Provider to support its sheller selVices. $5,000.00 of the total
sum will be used to meet household insurance expenses, $4,000.00 of the total sum
will be used for emergency rent, security deposits, or utility payments. The remaining
balance must be used to meet the shelter's utility expenses for gas and electricity,
water, sewage, trash removal, and telephone,
10. The City shall provide technical assistance regarding bidding procedures and awarding
of contracts, but Provider shall be responsible for all bidding procedures and awarding
of contracts. All procedures must comply with HUD standards, The City shall monitor
all procedures and awarding of contracts.
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11. All grant activities must comply with all applicable state and local building codes. Upon
completion, Provider shall operate its facility in compliance with all applicable state and
local codes and ordinances.
12. Grant rehabilitation activities shall not be considered complete until after receipt of
satisfactory lien waivers covering all work and materials installed, City inspection and
approval of the completed work, and certification by Provider that all work has been
completed to its satisfaction.
13. The requirements of applicable sections of 24 CFR 85 "Uniform Administrative Require-
ments for Grants and Cooperative Agreements to State and Local Governments," OMB
Circular A-122 "Cost Principles for Non-Profit Organizations," and OMB Circulars A-11 0
and A-128 shall apply to the use of funds disbursed under this Agreement. By execution
of this Agreement, Provider acknowledges that it received copies of the above-
referenced circulars.
14. On or before the fifth day of each month during the term of this Agreement,
Provider will provide to the City a monthly status offunds report describing the uses of
funds received under this Agreement, together with a performance report describing
progress in reaching performance targets,
15. On or before January 5, 1995, Provider will submit to the City semi-annual performance
and final reports. On or before July 15, 1995, Provider will submit to the City a year-end
performance and fund report.
16. During a period of three years following the term of this Agreement, Provider will provide
to the City quarterly reports which include statistics pertaining to the use of the shelter
and a summary accounting of Provider's fiscal status.
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17, All payments to Provider shall be subject to the receipt by City of a requisition for
payment. The requisition shall be made no more frequently than once per month and
by the fifth day of the month, Such requisition will clearly identify funds on hand, total
expenditure and match to date, and any amount classified as an advance. Any cash
draws requested by Provider shall be expended within 30 calendar days of receipt, or
shall be immediately returned to the City.
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18. Provider acknowledges that the program under which it is to receive the funds provided
herein is the Emergency Shelter Grants Program of the State of Iowa, that the source
of funding for this program is federal monies, and that if the total of such payments
exceeds $25,000 in a given fiscal year, Provider shall be deemed a secondary recipient
of federal monies. For every fiscal year (July 1-June 30) in which it is a secondary
recipient of federal monies, Provider shall have an audit performed according to the
standards prescribed in the OMS Circular A-11 O. A copy of such audit report and
findings must be submitted to the City's Controller within 120 days after the close of that
fiscal year.
19. Provider shall provide any appropriate federal or state agents uncontested access to
contract related records, and retain said records for no less than three (3) years after
the Iowa Department of Economic Development's close-out acceptance. These records
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include any financial, procurement, and local match records required forthe City's close- ' ,J
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out and audit, as well as other supporting documents and statistical records.
20. Duly authorized representatives of the City shall at all reasonable times have access to I
and the right to inspect, copy, audit, and examine all financial books, records, and other
documents of Provider, and to make site visits and survey participants in order to
evaluate and monitor Provider's programs. No report or publication resulting from any
such inspection, audit, examination, site visit or survey shall disclose the name or other
identifying information concerning persons using Provider's services. The City shall visit
the site and survey participants only after consultation with Provider's director regarding
survey methods,
21. The City's sole responsibility hereunder shall be to provide the funds to Provider in ' '
accordance with the terms of this Agreement. Provider shall at all times be deemed an ,
independent contractor and not a City employee, Moreover, nothing contained in this
Agreement shall be construed to create any special duty, relationship, association or
third-party beneficiary by reason of the Provider's involvement with the City. Further,
neither the City, nor any officer, employee, or agent of the City shall have authority to ..,i'
direct the manner or means by which Provider conducts its activities.
22. Provider shall comply with the environmental requirements contained in 24 CFR 576, ...",
and related and necessary flood insurance provisions as may be required under 24 CFR
576.79(fj. @)
23. Project funds shall not be used directly or indirectly to employ, award contracts to,
engage the services of, or fund any contractor or subrecipient during any period of
debarment, suspension or placement in ineligibility status by the Department of Housing,
and Urban Development pursuant to the provisions of 24 CFR Part 24, or pursuant to
any applicable law or regulation of the Department of Labor.
,>, The construction or rehabilitation of residential structures with assistance provided under
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this contract is subject to the Lead-Based Paint Poisoning Prevention Act (42 U.S,C,
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, 4821-4846), as implemented through regulations contained in 24 CFR Part 35.
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~:.'}, completion whenever it is determined that Provider has failed to comply with the
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i default and the reasons for the termination, together with the effective date thereof.
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27. This Agreement shall commence upon execution by the parties and shall terminate on
June 30, 1995, except as provided herein.
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For Domestic Violence Intervention Program
For the City of Iowa City, Iowa
By:
Provider Chair
By:
Mayor
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RESOLUTION NO. 94-206
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE DOMESTIC VIOLENCE INTERVENTION PROGRAM FOR IOWA
EMERGENCY SHELTER GRANTS PROGRAM FUNDING, AND AUTHORIZING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing
shelter services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless
people in Iowa City; and
WHEREAS, the Domestic Violence Intervention Program is an agency which provides emergency
shelter and related assistance to those who are homeless because of domestic violence; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding available to the City of Iowa City for the support of
the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes,
Inc.; and
WHEREAS, the Domestic Violence Intervention Program's funding Agreement incorporates the
Agreement between the City and the Iowa State Department of Economic ,Development (ES-94-
013), approved by the City Council.
6
, i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Agreement for Iowa Emergency Shelter Grants Program funding of the Domestic
Violence Intervention Program, a copy of which is on file in the City Clerk's Office, is
hereby approved as to form and content.
2. The Mayor is hereby authorized to execute and the City Clerk to attest the Iowa
Emergency Shelter Grants Program Agreement for the Domestic Violence Intervention
Program.
Passed and approved this 14th
,1994.
day of
June
b~'n" ~<;)
MAYOR
Approved by
ATTEST: ~ II ~
CI . LERK
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Resolution No.
Page -L-
94-206
It was moved by Nmrirk and seconded by 'I'hrogllmtQll the Resolution be
adopted, and upon rolf call there were:
',' '
, AYES:
NAYS:
ABSENT:
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RESOLUTION NO. 94-207
RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND YOUTH HOMES, INC. FOR IOWA EMERGENCY SHELTER GRANTS
PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST SAME.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants Program which
utilizes U.S. Department of Housing and Urban Development funding for the purpose of providing
shelter services for homeless people in Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support services for homeless
people in Iowa City; and
WHEREAS, Youth Homes, Inc. is an agency which provides emergency shelter and related
assistance to homeless youth; and
'i
WHEREAS, the Iowa State Department of Economic Development has agreed to make Iowa
Emergency Shelter Grants Program funding available to the City of Iowa City for the support of
the Domestic Violence Intervention Program, the Emergency Housing Project, and Youth Homes,
Inc.; and
WHEREAS, the Youth Homes, Inc.'s funding Agreement incorporates the Agreement between the
City and the Iowa State Department of Economic Development (ES-94-013), approved by the City
Council.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Agreement for Iowa Emergency Shelter Grants Program funding of Youth Homes,
Inc., a copy of which is on file in the City Clerk's Office, is hereby approved as to form and
content.
2. The Mayor is hereby authorized to execute and the City Clerk to attest the Emergency
Shelter Grants Program Agreement for Youth Homes, Inc.
,I.l'
Passed and approved this 14th
day of June
,1994.
LL NLA'fi ,4_b-1A'~
;MAYOR
Approved by
ATTEST:~?..J(. 1(~
CI CLERK '
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Resolution No. ~~-?(\7
Page 2
It was moved by Novick and seconded by
adopted, and upon rol~ call there were:
Throgmorton the Resolution be
, AYES: NAYS: ABSENT:
X Baker
x Horowitz
x Kubby
v Lehman
J[ Novick
x Pigott
x Throgmorton
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RESOLUTION NO.
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RESOLUTION CHANGING THE NAME OF ABER AVENUE LOCATED IN TY'N
CAE, PARTS 1 & 2 TO ABER AVENUE WEST
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WHEREAS, on November 22,1977, the City Council approved the final plat of Ty'n Cae; and
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WHEREAS, said plat was recorded on November 29, 1977 in Plat Book 17, Page 24 in the
Johnson County Recorder's Office; and
WHEREAS, on February 4, 1993, the City Council for the City of Iowa City approved the final
plats for Park West Subdivision - Parts Two, Three and Four; and
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WHEREAS, at that time the City Council decided not to connect the two sections of Aber
Avenue but instead to extend Teg Drive to connect with the easterly section of Aber Avenue
located in Bryn Mawr Heights - Part Thirteen; and
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WHEREAS, due to the bifurcation of Aber Avenue, the Police Department, Fire Department,
and ambulance service have concerns about potential problems with response time for
emergency services.
NOW, THEREFORE, BElT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
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1, The name of Aber Avenue located in Ty'n Cae, Parts 1 and 2 is hereby changed to
Aber Avenue West.
"
2. As required by Iowa Code ~354.26 (1993), the City Clerk is directed to certify a copy
of this Resolution and to file this Resolution with the Johnson County Recorder, the
Johnson County Auditor, and the City Assessor.
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Passed and approved this
day of
,1994.
,j
MAYOR
, Approved by
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ATTEST:
CITY CLERK
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City Attorney's Offic @ ~ 3-?,/
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. RESOLUTION NO. 94-208
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RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI-
MATE 18.6 ACRE TRACT OF LAND LOCATED SOUTH OF THE IOWA CITY
CORPORA TE LIMITS, NORTH OF ROHRET ROAD AND EAST OF SLOTHOWER
ROAD.
WHEREAS, Dean Oakes Construction Co. and Hodge Development Co. own an approximate
18.6 acre tract of land located south of the Iowa City corporate limits, north of Rohret Road
and east of Slothower Road; and
WHEREAS, Dean Oakes Construction Co. and Hodge Development Co. have requested
annexation of their land into the City of Iowa City, Iowa; and
WHEREAS, this tract is contiguous to the corporate limits of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
The following-described land shall be voluntarily annexed to the City of Iowa City,
Iowa:
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Commencing at the Northeast Corner of Section 24, Township
79 North, Range 7 West of the 5th Principal Meridian; Thence
S89048'43"W, on the North line of said Section 24, a distance
of 952.34 feet to the Centerline of a County Road, also being
the Point of Beginning; Thence S66054'25"W, 51.72 feet on
said Centerline; Thence S66036'52"W, 52.57 feet on said
Centerline; Thence S60003'01 "W, 88.13 feet on said Centerline;
Thence S59032'48"W, 172.96 feet on said Centerline; Thence
S59020'00"W, 926.42 feet on said Centerline; Thence
S59020'47"W, 653.90 feet on said Centerline to the West line
of the Northeast Quarter of said Section 24; Thence
NOo042'23"W, 973.23 feet on the West line of the Northeast
Quarter of said Section 24 to the North Quarter Corner of said
Section 24; Thence N89048'43"E, 1692.69 feet on the North
line of said Section 24 to the Point of Beginning. Said tract of
land containing 18.60 acres.
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As required by Iowa Code ~ 368,7 (1993), the City Clerk is hereby directed to certify
a copy of the Resolution and to file the Resolution, map and legal description of the
above-described property with the Secretary of State, Johnson County Board of
Supervisors, each affected public utility, and the State Department of Transportation.
The City Clerk is further directed to record the Resolution, legal description and map
with the Johnson County Recorder. '
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Resolution No. 94-208
Page 2
Passed and approved this 14th day of
Tl1no
,1994.
j ~ .-
~..;,)". iL'5
/MAYOR - I -
Approved by
~' J)~
ATTEST: '~cJ "t'. aM)
CIT "LERK ,
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City Attorney's Offi e ~ -J -1'1
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It was moved by' Nonick and seconded by 'l'hrngrnnrtnn ' the Resolution be
adopted, and upon roll call there were:
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
NAYS:
ABSENT:
11
x
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RESOLUTION NO. 94-209
RESOLUTION ESTABLISHING A FEE FOR MINOR MODIFICATION APPLlCA.
TIONS
WHEREAS, the City Council amended Chapter 36 of the Code of Ordinances of the City of
Iowa City, Iowa, entitled "Zoning," by establishing a procedure for requesting minor
modifications from the requirements of the Zoning Ordinance; and
WHEREAS, a fee is necessary to offset the administrative costs associated with the minor
modification procedure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT the minor modification application fee shall be $30.00.
Passed and approved this 14th day of June
,1994.
, ;\':
[L"" \<IL~
.MAYOR .....
Approved by
'If/at44. LU~ $' ~
City Attorney's Offi & -f--7L/
, ',! ',,1;,[ ,\ r,.\:.'
ATTEST:~J 7f/ ~
CITY CLERK '
It was moved by Baker and seconded by
adopted, and upon roll call there were:
the Resolution be
Pigott
AYES:
NAYS:
ABSENT:
x
X
X
X
Baker
Horowitz
Kubby
Lehman
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RESOLUTION NO.
94-210
RESOLUTION TO SEVER AN APPROXIMATE 95 ACRE TRACT OF LAND
LOCATED IN THE NORTHWEST CORNER OF IOWA CITY, IMMEDIATELY
SOUTH OF THE IOWA INTERSTATE RAILWAY.
WHEREAS, Reese F. Greer ow~s property legally described as follows:
.
Point of beginning at the center of the Northeast Quarter of Section 1,
Township 79 North, Range 7 West of the 5th P.M., thence south along the east
line of the west half of the Northeast Quarter of Section 1, Township 79 North,
Range 7 West of the 5th P.M., thence west along the south line of the west
half of the Northeast Quarter of Section 1, Township 79 North, Range 7 West
of the 5th P.M. to a point where the southwest corner of the west half of the
Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M. and the
Southeast corner of the Northwest Quarter, Township 79 North, Range 7 West
of the 5th P.M. do meet, thence north along the west line of the west half of
the Northeast Quarter to a point where the northwest corner of the Southwest
Quarter of the Northeast Quarter, thence north 404.25 feet, thence west
308.22 feet, thence north 1677.39 feet to a point on the south right-of-way
line of Heartland Rail Corp., thence southeasterly along said south line of said
right-of.way to a point on the east line of the Northwest Quarter of the
Northeast Quarter, Township 79 North, Range 7 West of the 5th P.M., thence
south to the point of beginning
WHEREAS, Reese F. Greer has requested that this 95 acre tract of land be severed from the
City of Iowa City and annexed into the City of Coralville; and
WHEREAS, the City of Iowa City is unable to provide full municipal services for this property
at this time; and
WHEREAS, the portion of the subject property located south of Clear Creek is in an
environmentally sensitive area containing wetlands, floodplains, steep slopes and woodlands;
and
WHEREAS, development of that portion of the subject property may affect other properties
remaining in the corporate limits of the City of Iowa City; and
WHEREAS, the City of Coralville has agreed to allow the City of Iowa City to review and
approve all rezoning and subdivision proposals on the portion of the subject property lying
south of Clear Creek; and
WHEREAS, no public facilities are loc~ted on the subject property and, therefore, the City
does not need to distribute assets or liabilities.
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Resolution No. 94-210
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
The property legally described above is hereby severed from the City of Iowa City
subject to annexation of the entire tract by the City of Coralville and execution of a
28E agreement by the City of Coralville and the City of Iowa City granting the City of
Iowa City the authority to review and approve all zoning and subdivision proposals on
the portion of the subject property located south of Clear Creek.
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2.
As required by Iowa Code ~ 368.8 (1993), the City Clerk is hereby directed to certify
a copy of this Resolution and to file a copy of the Resolution, map and a legal
description of the territory involved with the Johnson County Board of Supervisors, the
Iowa Department of Transportation, and the Secretary of State. The City Clerk is
further directed to record a copy of the map and Resolution with the Johnson County
Recorder.
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Passed and approved this 14th day of June
, 1994.
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MAYOR "-
Approved by
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ATTEST: ~~ ,f -liw
CIT CLERK
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adopted, and upon roll call there were:
Baker _ the Resolution be
AYES:
NAYS:
ABSENT:
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SECRETARY OF STATE
STATEHOUSE
STATE OF IOWA
DES MOINES 50319
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ELAINE BAxTER
SECRETARY OF STATE
515.281-8993
FAX: 515-242'5952
September 6, 1994
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Iowa city city Clerk
civic Center
410 E. washington Street
Iowa city, IA 52240
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RE: Resolution approving voluntary severance from the city of Iowa
city
Dear city Clerk:
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You are hereby notified that the. resolution, plat map, and other
documents pertaining to the voluntary severance of nonurbanized
territory from the city of Iowa City have been reviewed by this
office and comply with requirements of section 368.8, 1993 Code of
Iowa.
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You may consider the severance filed as of September 6, 1994.
Sincerely,
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Elaine Baxter
Secretary of State
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RESOLUTION NO. 94-211 h /).Y ,
RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE CITY ~ '
OF CORALVILLE AND THE CITY OF IOWA CITY ALLOWING THE CITY OF
IOWA CITY TO REVIEW AND APPROVE ZONING AND SUBDIVISION PROPOS-
ALS ON PROPERTY FORMERLY IN THE CORPORATE LIMITS OF IOWA CITY.
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WHEREAS, Reese F. Greer owns approximately 95 acres of land located in northwest Iowa
City; and
WHEREAS, Mr. Greer has requested that the 95 acres of land be severed from the City of
Iowa City and annexed into the City of Coralville; and
WHEREAS, the portion of the property located south of Clear Creek is an environmentally
sensitive area potentially containing wetlands, floodplain and woodland; and
WHEREAS, development of that portion of the property may affect other properties remaining
within the corporate limits of the City of Iowa City; and
WHEREAS, pursuant to Chapter 28E, Code of Iowa (1993), any power or authority exercised
by a public agency may be exercised jointly with any other public agency; and
WHEREAS, the City of Coralville has agreed to allow Iowa City to review and approve all
rezoning and subdivision proposals on the portion of the subject property lying south of Clear
Creek.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Mayor and City Clerk are hereby authorized to execute the Chapter 28E agreement
with the City of Coralville, which is attached hereto and incorporated by this reference.
Said agreement is hereby approved as to form and content, and is found to be in the
best interest of the citizens of Iowa City, Iowa.
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2. The City Clerk is hereby authorized to record a certified copy of this resolution, with
the executed agreement attached, in the Johnson County Recorder's Office and to file
a copy of the Resolution and Agreement with the Secretary of State, as required by
Chapter 28E, Code of Iowa (1993). The Clerk is directed to request a copy of the
return recorded document for the permanent file maintained by the City Clerk.
Passed and approved this 14th
day of
,1994.
June
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1LuM? '>no ~AJI S
WtA YOR "-
Approved by
ATTEST:
CIT l.ERK
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Page 2
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adopted, and upon rolf call there were:
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ABSENT:
Baker
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Pigott
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DRAFT
28E AGREEMENT BETWEEN THE CITY OF CORALVILLE AND THE CITY OF IOWA
CITY ALLOWING THE CITY OF IOWA CITY TO REVIEW ZONING AND DEVELOp.
MENT OF PROPERTY FORMERLY LOCATED IN THE CORPORATE LIMITS OF THE
CITY OF IOWA CITY.
THIS AGREEMENT is entered into pursuant to Chapter 28E, Code of Iowa (1993) by the City
of Coralville, Iowa (hereafter "Coralville") and the City of Iowa City, Iowa (hereafter "Iowa City").
WHEREAS, Reese F, Greer owns property legally described as follows:
Point of beginning at the center of the Northeast Quarter of Section 1, Township
79 North, Range 7 West of the 5th P.M., thence south along the east line of the
west half of the Northeast Quarter of Section 1, Township 79 North, Range 7
West of the 5th P.M., thence west along the south line of the west half of the
Northeast Quarter of Section 1, Township 79 North, Range 7 West of the 5th
P.M. to a point where the southwest corner of the west half of the Northeast
Quarter, Township 79 North, Range 7 West of the 5th P.M. and the Southeast
corner of the Northwest Quarter, Township 79 North, Range 7 West of the 5th
P.M. do meet, thence north along the west line of the west half of the Northeast
Quarter to a point where the northwest corner of the Southwest Quarter of the
Northeast Quarter, thence north 404.25 feet, thence west 308.22 feet, thence
north 1677.39 feet to a point on the south right-of-way line of Heartland Rail
Corp., thence southeasterly along said south line of said right-of-way to a point
on the east line of the Northwest Quarter of the Northeast Quarter, Township 79
North, Range 7 West of the 5th P.M., thence south to the point of beginning
WHEREAS, Mr. Greer has requested that the approximate 95 acres of land located in
northwest Iowa City be severed from Iowa City and annexed into the City of Coralville; and
WHEREAS, the portion of the subject property located south of Clear Creek contains
environmentally sensitive features which may include wetlands, woodlands and floodplains; and
WHEREAS, development of this property may affect adjacent properties remaining in the
corporate limits of Iowa City; and
WHEREAS, Coralville and Iowa City desire to enter into an agreement allowing Iowa City to
review rezoning and subdivision proposals pertaining to the portion of the subject property
located south of Clear Creek, as specifically contemplated in Chapter 28E, Code.
NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS
SET FORTH HEREIN, THE CITY OF CORALVILLE AND THE CITY OF IOWA CITY AGREE
AS FOLLOWS:
1. Coralville will zone the portion of the above-described property located south of Clear
Creek, R-I, Residential, upon annexation of the property into the City of Coralville.
2. All proposals submitted to Coralville requesting Coralville to rezone the subject property
from Coralville's zoning classification of R.1, Residential, to any other zoning classifica.
tion will be submitted to the City of Iowa City for review and approval. No rezoning
requests from R-1 to any other zoning designation shall be approved without approval
of the City Council of Iowa City,
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All proposals submitted to Coralville to subdivide the subject property shall be submitted
to the City of Iowa City for review and approval. No subdivision of the subject property
shall be approved without the approval of the City Council of Iowa City.
The standards and conditions applied by Iowa City for review and approval of rezoning
and subdivision proposals shall be the same standards and conditions used for review
and approval of rezoning requests and subdivisions in the Iowa City corporate limits.
5. This agreement shall remain effective as long as the subject property remains in the
Coralville corporate limits or until the Agreement is cancelled or modified by joint
agreement of the Coralville City Council and the Iowa City City Council.
3,
4,
6. This agreement shall be recorded in the Johnson County Recorder's Office and
Secretary of State's Office as provided by Chapter 28E, Code of Iowa (1993), with each
party sharing one-half of the recording cost.
Executed with approval and on behalf of the City of Coralville and the City of Iowa City this _
_ day of , 1994,
CITY OF CORALVILLE
CITY OF IOWA CITY
Mayor, City of Coralville
Susan M. Horowitz, Mayor
ATTEST:
CITY CLERK
ATTEST:
City Clerk
Approved by
v!h-t<J ~~:?~
City Attorney's Office ,:, _ '1- 9,:/
STATE OF IOWA
JOHNSON COUNTY
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On this day of , 1994, before me,
, 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 Resolution No. passed by the City
Council on the day of , 1994, 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.
Notary Public in and for the State of Iowa
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STATE OF IOWA )
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JOHNSON COUNTY )
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On this day of , 1994, before me,
, a Notary Public in and for the State of Iowa, personally
appeared and , 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 Coralville, 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. passed by the
City Council on the day of , 1994, and that
and 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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06-14-1994 03:47PM FROM Barker,Cruise,Kcnnedy
TO
3565009 P.01
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CHARl.E$'" llARII~R
JOHN D. CRUISE
"'CHAE~ W. IIEHNEDY
J^MI!S D. HOUGHYON
STEVEN C, ^NIlERSON
YEAt:$Jl, R, W"GNfJI
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BARKER, CRUISE, KENNEOY Be Hou HT:ON
LAWYERS
920 So Ou9uOU~ STRtor. P. O. BOil 2000
IOWA CITY. IOWA
~22+4
^REA CODE 319
TCU.PHONE
35108101
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June 14, 1994
FAA 9111-39'oQ009
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FAX TRANSHISSION
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Ms. Marsha Bormann
Assistant City Attorney
city of Iowa city
civic Center
410 East Washington Street
Iowa city, IA 52240
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Re: Southwest Estates, Part six
SUB 94-0008
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Dear Marsha:
With much regret we are requesting a wa vdr of the 60 day
period for the City Council to act on the ab vgwreferenced subdi-
vision. It is my understanding that the Eng'ndering Department
still needs to review and approve the constr c~ion plans. AlSO,
I understand that you will send me the langu g~ you want in the
Subdivider's Agreement regarding the tap on, ee.
Please call me immediately if there are ariy questions or
concerns about this. !
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Michael E. Hodge
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WHEREAS, the owner, Hodge Construction and Dean Oakes Construction, filed with the City
Clerk the final plat of Southwest Estates, Iowa City, Johnson County, Iowa; and
RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF SOUTHWEST ESTATES, PART SIX,
IOWA CITY, IOWA.
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Comme~cing at the Northeast Corner of the Southeast Quarter of Section 13,
Township 79 North, Range 7 West, of the Fifth Principal Meridian, Said Point
being the Northeast Corner of Lot 58 of Southwest Estates Subdivision, Part
Four, in accordance with the Plat thereof Recorded in Plat Book 30 at Page 75,
of the Records of the Johnson County Recorder's Office; Thence
S89040'15"W, along the North Line of Said Southeast Quarter, and the North
Line of Said Southwest Estates Subdivision, Part Four, 401.14 feet, to the
Point of Beginning; Thence S10012'36''W, along the West Line of Said
Southwest Estates, Part Four, 366.87 feet; Thence Southeasterly 13.59 feet,
along said West Line, on a 244.48 foot radius curve, concave Southwesterly,
whose 13.59 foot chord bears S78011'49"E; Thence S13023'45"W, along
said West Line, 130.00 feet, to a point on the Northwesterly Line of Southwest
Estates Subdivision, Part Five, in accordance with the Plat thereof Recorded in
Plat Book 33, at Page 223, of the Records of the Johnson County Recorder's
Office; Thence S77035'08"W, along said Northwesterly Line, 107.37 feet;
Thence S56023'06"W, along said Northwesterly Line, 403.26 feet; Thence
S27022'43"W, along said Northwesterly Line, 145.47 feet; Thence
S06034'40"W, along said Northwesterly Line 108.90 feet, to a Point on the
Northerly Line of Southwest Estates Subdivision, Part Two, in accordance with
the Plat thereof Recorded, in Plat Book 28, at Page 42, of the Records of the
Johnson County Recorder's Office; Thence Northwesterly, 67.44 feet along
said Northerly Line, on a 680.00 foot radius curve concave Southwesterly,
whose 67.42 foot chord bears N86015'49"W; Thence N89006'18"W, along
said Northerly Line, 115.31 feet, to the Northwest Corner thereof; Thence
SOoo53'42"W, along the West Line of Said Southwest Estates Subdivision,
Part Two, 60.00 feet; Thence N89006'18"W, 115.01 feet; Thence
NOoo53'42"E, 256.40 feet; Thence N12035'21"E, 237.78 feet; Thence
N19044'30"W, 61.59 feet; Thence N70015'30''E; 138.21 feet; Thence
N67010'23"E, 50.06 feet; Thence N69053'10"E, 1 09.43 feet; Thence
N360 19'28"E, 464.30 feet, to a Point on the North Line of said Southeast
Quarter, of Section 13; Thence N89040'15"E, along said North Line, 311.36
feet, to the Point of Beginning. Said tract of land contains 10.21 Acres, more
or less, and is subject to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
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
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WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1993) and all other state and local requirements.
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Resolution No.
Page 2
1. The final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
2. The City accepts the dedication of the streets and 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, lowa, 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 owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
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Passed and approved this
day of
,1994.
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MAYOR
Approved by
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ATTEST:
CITY CLERK
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
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NAYS:
ABSENT:
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Kubby
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AnORNF.Y! AT LAw
SllJTESIO IOWA lltAn II.\NK IlunJllNO
101 Smrm IlJ/ltoll StRUt
IQw.OTYIOWUI240
TlII1I1ONr. (319) 338-,45J
FAX (319)1tI.9A!1
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TtI,fJ'1I0NF.(319) &.IA.U71
MArnON Il. NEEM'
.'AMJI.B U. MARTINEK
June 14, 1994
Via Telecopier 356-5009
Marsha Bonnann
Assislanl Cily Attorney
City of lowl! City
410 K Washington Street
iowa City, IA 52240
..
Dear Marsha:
Re: Dean Oakes Fourth Addition
On behalf of Oakes Construction Company r would hereby waive the time limitation nf the above
referenced subdivision and ask that consideration of same be extended to July 6, 1994.
MRNaea
,
AN AraOCIAlIOH orlllLl rucmlOlIIM
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RESOLUTION NO.
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RESOLUTION APPROVING FINAL PLAT OF DEAN OAKES FOURTH ADDITION,
IOWA CITY, IOWA.
WHEREAS, the owner, Dean Oakes Construction Company, filed with the City Clerk the final
plat of Dean Oakes Fourth Addition, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following,described real estate in Iowa City,
Johnson County, Iowa: '
[
Beginning at the Northeasterly Corner of Lot 8, Dean Oakes Second Addition
to Iowa City, Iowa, in accordance with the Plat thereof Recorded in Plat Book
30, at Page 18, of the Records of the Johnson County Recorder's Office;
Thence N77058'32"W, (A RECORDED BEARINGl, along the Northerly Line of
said Dean Oakes Second Addition, 150.00 feet; Thence Northeasterly, 9.72
feet along said Northerly Line on a 300 foot radius curve, concave Southeaster-
ly, whose 9.72 foot chord bears N12057'09"E; Thence N76007'09"W, along
said Northerly Line, 100.00 feet; Thence N88049'57"W, along said Northerly
Line, 70.28 feet; Thence N01 009'59"E, 153.50 feet; Thence Southeasterly,
233.37 feet, along a 696.50 foot radius curve, concave Southwesterly, whose
232.28 foot chord bears S78027'10"E; Thence N21 o08'47"E, 420.79 feet;
Thence S18044'15"E, 423.19 feet; Thence S38021'16"E, 305.90 feet;
Thence Southwesterly, 27.10 feet, along a 469.38 foot radius curve, concave
southeasterly, whose 27.10 foot chord bears S49059'29"W; Thence
S48020'15"W, 48.80 feet; Thence Southwesterly, 22.31 feet, along a 15.00
foot radius curve, concave Southeasterly, whose 20.31 foot chord bears
S05044'02"W; Thence Southeasterly, 22.08 feet, along a 463.73 foot radius
curve, concave Southwesterly, whose 22.08 foot chord bears S35030'20"E;
Thence S34008'29"E, 50.39 feet; Thence S55051 '31 "W, 192.25 feet, to a
Point on the Easterly Line of said Dean Oakes Second Addition; Thence
N20018'55"W, along said Easterly Line, 9.94 feet; Thence N29049'18"W,
along said Easterly Line, 62.00 feet; Thence N49057'1 O"W, along said Easterly
Line, 216.17 feet; Thence N20055'14"W, along said Easterly Line, 57.15 feet;
Thence N01002'34"E, along said Easterly line, 57.15 feet, to the Point of
Beginning. Said Tract of Land Contains 5.28 Acres, more or less, and is subject
to easements and restrictions of record.
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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
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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 (19931 and all other state and local requirements.
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Resolution No.
Page 2
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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 final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
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2.
The City accepts the dedication of the streets and 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.
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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 owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
Passed and approvecl this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
Approved by
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(..{,V..lN__ lA....,I .;..1) ~~
City Attorney's Offi b -;). - '1 'i
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
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AYES:
NAYS:
ABSENT:
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RESOLUTION NO. QL.-?l?
RESOLUTION APPROVING THE PRELIMINARY PLAT OF KENr~EDY'S WATER.
FRONT ADDITION, PART THREE, IOWA CITY, IOWA.
WHEREAS, the owner, Paul M. Kennedy, filed with the City Clerk of Iowa City, Iowa, an
application for approval of the preliminary plat of Kennedy's Waterfront Addition, Part Three;
and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the preliminary plat and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due
deliberation, recommended acceptance and approval of the plat, subject to the legal papers
for the final plat addressing the need to provide sanitary sewer service and extend Southgate
Avenue; and
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WHEREAS, the preliminary plat conforms with all of the requirements of the City Ordinances
of the City of Iowa City, Iowa.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA THAT:
1.
The preliminary plat of Kennedy's Waterfront Addition, Part Three, Iowa City, Iowa,
is hereby approved, subject to the legal papers for the final plat addressing the need
to provide sanitary sewer service and to extend Southgate Avenue.
I '
2.
The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and
directed to certify this resolution, which shall be affixed to the plat after passage and
approval by law.
Passed and approved this 14th
day of June
, 1994.
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~M~n~S
IMA YOR
Approved by
'.1'
ATTEST:
CIT CLERK
It was moved by Pigott and seconded by
adopted, and upon roll call there were:
Lehman
the Resolution be
AYES:
NAYS:
ABSENT:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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April 22, 1994
operations Division
SUBJECT: CENCR-OD-S-285730
Mr. Larry R. Schnittjer
MMS Consultants, Inc.
1917 South Gilbert street
Iowa City, Iowa 52240-4363
Dear Mr. Schnittjer:
Our office reviewed your letter dated March 2, 1994,
concerning your request for a jurisdictional wetland
determination for Kennedy's Waterfront Addition, Part Three
in Sections 15 and 22, Township 79 North, Range 6 west,
Iowa City, Johnson County, Iowa.
On April 30, 1994, a representative of our office
conduoted a jurisdiction wetland delineation at the above
sites. The location of jurisdictional wetlands is
highlighted in yello~ on the enclosed copy of the plat for
the addition.
The placement of dredged fill material into any of the
areas identified as jurisdictional wetland, will required
Department of the Army authorization.
This jurisdictional wetland delineation is valid for a
period of three years from the date of this letter, unless
new information warrants a review of our delineation.
Should you have any questions, please contact our
Regulatory Functions Branch by letter, or telephone
Mr. Mike Hayes, 309/794-5367.
Sincerely,
ORjGIf~/~L Sl'~;:\.
RAYiV/ONti . '"
James H. Blanchar, P.E.
Chief, Operations Division
Enclosure
CF: jDistrict File (00)
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GEOGRAPHIC AREA CODE: G
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AGENT: JAM ~ ~\I\s.l.L\ ta.\.\. ~
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,JECT: .~r'--! lSl~f "~'I,
4PPLICANT: <S.~
APPLICATION RECEIVED: 3 - 3- ~ 4
PRIOR PERMIT ACTIONS: ~
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AUTHORITY: (CIRCLE APPROPRIATE)
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PROJECT MANAGER: _tJr1..
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DATE ASSIGNED: :s - 3- 4 '\-
UTM COORDINATES: ZONE: \5 NORTHING: 4- ~ 1. a.5" 0 Q
EASTING: ~ 'Z.. 1.. Q.Q. 0
USGS QUAD SHEET NAME: Iowa.. Ci4 W...e~+
SECTION:/5/Z2 TOWNSHIP: 7CfN RANGE: ro "'-(
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PROJECT ADDRESS:
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CITY:
COUNTY: JO~\\50V\
STATE: IA
.IVER BASIN: :t (-
~ANK: - RIVER MILE: -
WETLAND: (~~SOLATED: (-iN)
DESCRIPTION OF WORK: ,^k f/CI ~J
WATERWAY: 'v\.&'v-L
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STATUS CODE (Circle Appropriate)
PPN - Pending NW NW____----
FNW - NW Issued
PPR - Pending NPR
FNP - No Permit Required
PJD -, Pending Desk Jurisdic
~ - Final Desk Jurisdic
~ - Pending Field Jurisdic
FJF - Final Field Jurisdic
PPD - PDN In Progress
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CORPS JURISDICTION:
(Y). (if DATE JD DEC LETTER ISSUED:
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City of Iowa City
MEMORANDUM
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Date:
May 27, 1994
To:
Planning &'Zoning Commission
RObrr;/ Miklo, Associate Planner
From:
Re: S-9007. Kennedy's Waterfront Addition, Part Three
Kennedy's Waterfront Addition, Part Three, was last discussed by the Commission over one year
ago. A copy of a staff report dated May 20,1992, is attached for the Commission's review. The
applicant has submitted a revised plat which addresses the deficiencies and discrepancies listed
on pages 4 and 5 of the previous staff report. There is one minor deficiency and discrepancy
listed below.
There has been some filling and grading of the existing pond located in the western portion of the
subdivision. This work has been approved by the Army Corps of Engineers. If there is to be any
additional filling of the pond, approval by the Corps and a City grading and erosion control permit
will be required.
,
A concern at the time of the previous review of this plat was the proposed access of a local street
onto Gilbert Street. This has been eliminated with the current proposal.
The plat includes a conservation/pedestrian access easement adjacent to the Iowa River. This
easement may be incorporated into an Iowa River trail system in the future.
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Approval of the preliminary plat should be subject to the final plat, legal papers addressing the
provision of sanitary sewer service to this area, and the extension of Southgate Avenue.
STAFF RECOMMENDATION:
Staff recommends that the preliminary plat of Kennedy's Waterfront, Part Three, be deferred.
Upon resolution of the deficiency and discrepancy listed below, staff recommends that the plat
be approved, subject to the legal papers forthe final plat addressing the provision of sanitary
sewer service to this area and the extension of Southgate Avenue.
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DEFICIENCY:
1. The note referring to preliminary plat approval should include Part Four, Lots 1 and 2.
They should be labeled as Lots 12 and 13 of Part Three or the tille of the plat should
include Parts Three and Four.
ATTACHMENTS:
1. May 20, 1992, Staff Report.
2. Preliminary Plat.
Approved by:
,Melo Rockw II, Acting Sr. Planner
Department of Planning
and Community Development
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City of Iowa City
MEMORANDUM
Date: May 29, 1992
To: Tom Scott, Chair, and Members of the Planning and Zoning Commission
From: Roger Bruner, Chair, Riverfront and Natural Areas Commission Cltxf ~ it
Re: Kennedy's Waterfront Addition, Part Three
At Its May 20, 1992, meeting, the Riverfront and Natural Areas Commission reviewed the
preliminary plat of Kennedy's Waterfront Addition, Part Three. The Commission has had a long-
standing interest in the Kennedy Property given its proximity to the Iowa River and the presence
of "Sand Lake" on the site. The Commission encourages any development on the site to be
sympathetic to the development opportunities these natural resources present. Any development
on the premises should be sympathetically designed to enhance these natural features. To this
end, the Commission recommended, by a 9-0 vote, that a public access and trail development
easement, a minimum of 30 feet in width as measured from the top of the riverbank, be secured
with this plat to enable public access to the Iowa River and Sand Lake. The Commission also
reiterated its position that no further fill occur within Sand Lake.
If you have any questions or wish additional information, please do not hesitate to contact me at
335-1575.
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STAFF REPORT
Prepared by: Robert Miklo
Item: S-9007. Kennedy's Waterfront Addition,
Part Three
Date: May 20, 1992
ijENERAL INFORMATION:
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zonin9:
Comprehensive Plan:
Applicable regulations:
File date:
45.day limitation period:
SPECIAL INFORMATION:
Public utilities:
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Paul M. Kennedy
1805 Waterfront Dr.
Iowa City, IA 52240
Phone: 338-2330
Preliminary subdivision plat approval.
To establish an eleven-lot commercial
subdivision.
South of Highway 6, between Gilbert
Street and the Iowa River.
30.29 acres.
Vacant; CI-1.
North - Commercial; CI-1..
South - Vacant; CI-1.
East. Commercial; CI-1.
West. Iowa River.
Intensive commercial.
Subdivision Regulations standards and
specifications, Grading and Erosion
Control Ordinance, and Storm water
Management Ordinance.
March 15, 1990.
Waived indefinitely.
Public water service will be provided by
a proposed six-inch water line that will
run south along the proposed extension
of Stevens Drive and west from Gilbert
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Street along proposed Southgate Ave-
nue. An existing sanitary sewer line
located on the western portion of Lots
1-4 of Kennedy's Waterfront Addition,
Part Two, is available to serve a portion
of this site. It is proposed that this line
will be extended south to the proposed
Southgate Avenue. A temporary lift
station is proposed on the northeast
corner of Lot 7.
Public services:
Police and fire protection are provided
by the city. Sanitation service will be
provided by a private hauler.
Transportation:
Access to lots within this subdivision
will be provided by the proposed exten-
sion of Stevens Drive to the south and
the proposed Southgate Avenue near
the southern boundary of this site.
These streets will intersect with Gilbert
Street. Transit service is provided to
this area by the Lakeside route. The
nearest bus stop is located at the inter-
section of Gilbert ~j:reet and Waterfront
Drive.
BACKGROUND:
This application was submitted on March 15, 1990, On April 27, 1990, the applicant
requested an indefinite deferral of the application because sanitary sewer service was not
available to serve the subdivision. The applicant has reached an understanding with staff that
the City will provide sanitary sewer service to this site, but due to sewage treatment capacity
limitations, conditions will be placed on approval of the plat. This understanding must be
formalized in an agreement and approved by the City Council prior to final plat approval. The
proposed conditions are discussed later in this report.
In 1985, the City approved the final plat of Kennedy's Waterfront Addition, Part Two,located
east of this proposed subdivision. Kennedy's Waterfront Addition, Part Two, consists of four
lots with frontage on Gilbert Street. With Kennedy's Waterfront Addition, Part Three, the
applicant proposes to (1) create an additional lot with frontage on Gilbert Street, (2) build
Southgate Avenue near the southern boundary of the subdivision, (3) create five lots with
frontage on the proposed Southgate Avenue, (4) extend Stevens Drive from its current
terminus to the proposed Southgate Avenue, and (5) create five lots with frontage on the
proposed extension of Stevens Drive.
The remainder of the subdivision would consist of Lot 12, an approximate 21 acre parcel
reserved for future development, and three outlots which are proposed to be acquired by
adjacent land owners.
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The preliminary plat of Kennedy's Waterfront Addition, Part Three, has been reviewed for
compliance with the Subdivision Regulations; plat deficiencies and discrepancies are listed at
the end of this report.
~NAL YSIS:
The eastern portion of this proposed subdivision is a continuation of the existing subdivision
pattern in this area, which consists of commercial lots approximately one-half acre in size.
The continuation of Stevens Drive - from its current terminus at the northern boundary of this
subdivision - will provide access to proposed Lots 1-5. Proposed Lot 6 will have access to
the proposed extension of Stevens Drive and the proposed Southgate Avenue. Access to
Gilbert Street from Lot 6 will be prohibited. Lots 7-11 will have access to the proposed
Southgate Avenue. Access from Lot 7 to Gilbert Street will not be permitted. This should
be noted on the plat.
Metro Pavers' private access road, which is located where the extension of Stevens Drive is
proposed, will be abandoned and Metro Pavers will have access from the proposed Southgate
Avenue. Southgate Avenue should be built to the western edge of Metro Pavers driveway
at the time of the final platting of Lots 1-11. The proposed Southgate Avenue will potentially
provide access to lots which may develop in the western portion of this subdivision which is
being reserved for future development. In the future, Southgate Avenue may be built east of
Gilbert Street to Waterfront Drive.
Existing Lots 1-4 in Kennedy's Waterfront Addition, Part Two, and proposed Lot 6 in
Kennedy':; Water Addition, PartThree, will have double frontage on Gilbert Strp"t and Stevens
Drive. This is a result of the continuation of Stevens Drive, the location of which was
established when the Sand Lake Addition was approved in 1970 before Gilbert Street was
built east of Stevens Drive.
As previously noted, the western portion of this subdivision (Lot 12) is being reserved for
future development. "Sand Lake," a pond which was created when this area was the site of
sand and gravel extraction, covers a majority of this area. The boundaries of the pond should
be clarified on the plat. The plat shows a schematic location for a street and lots in the
southern portion of this area. Approval of this plat should not be construed to indicate that
the City endorses the concept plan for the area shown for future development. It may not be
possible for the applicant to further fill the pond due to Federal regulations and, therefore,
future subdivision of Lot 12 may be limited.
Portions of Lot 12 and Outlot "A" are within the River Corridor Overlay (ORC) zone and will
be subject to requirements of that zone. The provisions of the ORC zone, which pertain to
setbacks and buffering from the river, are found in Sections 36-44 to 36-46 of the Zoning
Ordinance. This plat has been referred to the Riverfront Commission for review and comment.
The City may wish to obtain a pedestrian access/conservation easement adjacent to the
eastern bank of Sand Lake in order to implement the purpose and intent of the ORC zone.
As proposed, storm water will drain from this subdivision Into the Iowa River via "Sand Lake. II
The Public Works Department needs further information regarding the course of storm water
from the pond to the river. At the time of final plat approval for Lots 1.11, an easement will
be required for the portion of the storm sewer line shown on Lot 12.
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Due to the need to serve commercial development by gravity flow sanitary sewer service, only
limited development can occur in this area of the city. The applicant has agreed that if the
City provides sewer service for 11 lots via a temporary lift station financed by the applicant,
he will agree to place restrictions on the remainder of his property in this area to prevent its
development until such time that adequate municipal sewer service is available. This
agreement also includes the dedication of right-of-way for the extension of Southgate Avenue
to the east of Gilbert Street, as well as other conditions summarized in the attached letter
from the Public Works Director dated December 23,1991. This agreement must be approved
by the City Council prior to approval of a final plat for this property.
The concept plan for future development south of this subdivision depicts two cul-de.sacs
intersecting with Gilbert Street, which is an arterial street. It is the City's policy that access
to arterial streets should be limited to collector streets. The collector streets in turn provide
access to local streets and driveways so that side friction on arterial streets is minimized. For
this reason staff will not recommend approval of the plat if it depicts the street configuration
shown in the area for future' development.
As an alternative to the proposed design, staff recommends that a future street ri9ht-of-way
be reserved across Lot 9, to provide for the continuation of Stevens Drive to the south so that
the area south of Lots 7-11 can be developed without diminishing the arterial street function
of Gilbert Street. There may be additional alternative street designs which could be
considered to accomplish this same objective. The area east of Gilbert Street, shown as
future development in the bottom left corner of this plat, should also revised to eliminate the
local street intersection with Gilbert Street.
STAFF RECOMMENDATION:
Staff recommends that the preliminary plat of Kennedy's Waterfront Addition, Part Three, be,
deferred until the plat is revised to address the following deficiencies and discrepancies. After
reviewing a revised plat, staff will make a formal recommendation.
DEFICIENCIES AND DISCREPANCIES:
1. A storm sewer easement will be required for the portion of the storm sewer line shown
in the area of future development. This easement should extend to the river.
2. As shown on the cross section, the depth of pavement on Stevens Drive should be
labeled 14" rather than 13".
3. A note indicating that direct vehicular access will be prohibited from Lot 7 to Gilbert
Street should appear on the plat.
4. A grading and erosion control permit is required.
The legal description should be corrected to include Lots 7-11.
The boundary of the 100-year floodplain should be shown on the plat.
The location of the sanitary sewer in Stevens Drive should be shown on the plat.
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8. The boundaries of the pond should be clarified on the plat.
9. A note should appear on the plat indicating that flood protection shall be provided to a
point at least one foot above the floodplain.
10. The existing storm sewer located on the north side of Lot 1 must be certified to meet
the City's current standards. If it does not, it will be required to be rebuilt to the current
standards.
11. The concept plan for the areas of future development should be revised to eliminate
local street intersections with Gilbert Street. This will require the extension of Stevens
Drive to the south across Lot 9, or some alternative street design which will provide
access to the area south of this plat.
ATTACHMENT:
1. Location Map.
ACCOMPANIMENT:
1. Preliminary Plat.
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December 23, 1991
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Tom Kennedy
1805 Waterfront Dr.
Iowa City, Iowa 52240
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RE: Expansion of Kennedy's Waterfront Addition.
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Dear Mr. Kennedy:
Herein you will find in writing a summary of the December 12, 1991
meeting between you, Denny Gannon, and me regarding expansion of
Kennedy's Waterfront Addition to the west of Gilbert Street.
Specifically, you propose to extend Southgate Avenue +/- 520 feet west
of Gilbert St., extend Stevens Drive south to Southgate Ave., and
develop eleven lots abutting the street extensions. Sanitary sewer for
the lots abutting the south side of Southgate Ave. will be via a private
lift station discharging Into the existing sanitary sewer on Stevens
Drive, The lift station will be located at the Intersection of Gilbert
St. and Southgate Ave.
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In exchange for the City approving this development scheme, you, Tom
Kennedy, propose to grant the City a permanent 40-foot drainage and
utility easement adjacent to and immediately west of the existing
Crandic Railroad right-of-way, a 20-foot temporary construction easement
adjacent to and immediately west of the 40-foot permanent easement, and
a 60-foot wide right-of-way between the Crandic Railroad and Gilbert St.
for the future extension of Southgate Avenue. In addition, you will
agree to pay all improvement costs for Southgate Ave. from' the Crandic
Railroad to Gilbert St. The improvement cost shall be paid without
interest at' such time as development occurs on any part of the ,I,
undeveloped area east of Gilbert S1. and indicated as proposed future
development on the preliminary plat of Kennedy's Waterfront Addition,
Part I, approved by the City of Iowa City, March 31, 1982.
Keep in mind that this letter Is only a summary of Issues discussed at
the December 12, 1991 meeting and neither party is assuming any obligation
at this time.
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If this is also your understanding of the content of the meeting, please
sign and return this letter at your convenience.
Respectfully,
a1. ! /lL~,LI.-
Charles J. Schmadeke
Director of Public Works
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RESOLUTION NO. CJ4-m
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE
IOWA DEPARTMENT OF TRANSPORTATION FOR
STATE TRANSPORTATION ENHANCEMENT FUNDS
WHEREAS, the City of Iowa City adopted the River Corridor Trail Plan on November 23, 1993;
and
WHEREAS, the Iowa River Corridor Trail Plan calls for implementation of the Iowa River
Corridor Trail within Iowa City; and
WHEREAS, Iowa DOT has made funds available for trail projects through the Transportation
Enhancement Program of ISTEA; and
WHEREAS, state Transportation Enhancement funds would allow completion of the initial
phase of the Iowa River Corridor Trail.
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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 Iowa DOT for Transportation Enhance-
ment funds.
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2. Staff is authorized to file any additional documentation that is required by Iowa DOT.
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Passed and approved this 14th
day of June
,1994.
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ATTEST:~ .j; ~
CITY CLERK '
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It was moved by rhrogmnrtnn and seconded by PignH
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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Iowa City
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FROM:
Rick Fosse, City Engineer J26F"
June 6, 1994 i
TO: City Manager and City Council
DATE:
RE: Maiden Lane Paving and Sanitary Sewer Assessment Project
cc: Karin Franklin
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The series of resolutions to be considered will set the Public Hearing; fix Property
Valuation; adopt Preliminary Plat and Assessment Schedule, Estimate of Cost and
Proposed Plans and Specifications; and adopt a Resolution of Necessity (proposed).
All property owners will be notified of the public hearing by certified mail as is
required by State law for all assessment projects. Preliminary resolutions for
construction of street improvements and sanitary sewer improvements were passed
September 29, 1992 (no. 92-270) and May 21, 1993 (no. 93-117).
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June 14
, 1994'
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The City Council of Iowa City, Iowa, met in special
session, in the Council Chambers, Civic Center, Iowa City, Iowa,
at 7:30 o'clock L.M" on the above date. There were present
Mayor Jorowitz , in the chair, and the following
named Council Members:
Rilkflr, Horowitz, Kllbby, I flhmiln, Novick, Pigott
Throgmorton
* * * * * * *
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Absent: None
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"TTOIUII'II "TLAW' DII MOINII.IOWA
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(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting:
Time of Meeting:
Place of Meeting:
June 14 , 1994.
7:30 o'clock L.M. .
Council Chambers, Civic Center,
Iowa City, Iowa.
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This notice is given at the direction of the Mayor pursuant
to Chapter 21, Code of Iowa, and the local rules of said
governmental body.
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PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above set
out. The tentative agenda for said meeting is as follows:
Procedure to initiate the Maiden Lane Paving and Sanitary Sewer
Ms~s~~~~~t. .
- Preliminary resolution for construction.
- Resolution'fixing values of ;ots.
Resolution adopting preliminary plat and
schedule, estimate of cost and proposed plans
and specifications.
Resolution of necessity (Proposed).
Such additional matters as are set forth on the addi-
tional 15 pagels) attached hereto.
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City lerk, Iowa City, Iowa
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Kubby introduced the following Resolution
entitled npRELIMINARY RESOLUTION, FOR THE CONSTRUCTION OF PAVING
AND SANI'I'ARY SEWER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWAn,
and moved its adoption. Nmri~k seconded the
motion to adopt. The roll was called and the vote was,
AYES: RR1,,'r, Horowit7.. Kuhby. T,ehman. Novick.
Pigott, Throgmorton
NAYS: NOnf~
Whereupon, the Mayor declared the Resolution duly adopted as
follows:
Resolution No. 94-214
PRELIMINARY RESOLUTION FOR THE CONSTRUCTION
OF PAVING AND SANITARY SEWER IMPROVEMENTS
IN THE CITY OF IOWA CITY, IOWA
WHEREAS, this Council, after a study of the requirements, is
of the opinion that it is neces~ary and desirable that Portland
cement concrete paving and sanitary sewer be constructed within
Iowa City, Iowa, as hereinafter described; and
WHEREAS, it is proposed that said project be constrUcted as a
single improvement under the authority granted by Division IV of
Chapter 384 of the City Code of Iowa:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
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Subdivision A, That Iowa City, Iowa, construct Portland
cement concrete paving and sanitary sewer, as hereinafter
described.
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Subdivision B. The beginning and terminal points of said
improvements shall be as follows:
Maiden Lane - Prentiss Street to Ralston Creek
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Improvements consist of 7-inch thick Portland Cement Concrete
pavement with 6-inch integral curb for a 25-foot wide access
drive and l8-foot wide parking areas and appurtenances;
together with grading, storm sewers, building downspout
interceptors, street lighting, sidewalks, tree islands,
ornamental sidewalk delineation, trees, 8-inch diameter
sanitary sewer extension with 4-inch diameter, sanitary
service lines, surface restoration and miscellaneous related
work.
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AnOIllN['l'I AT LAW DtI ~OINEI, IOWA
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Maiden Lane - Ralston Creek to Court Street
Improvements consist of 7-inch thick Portland Cement Concrete
pavement with 6-inch integral curb for a 24-foot wide access
drive and 18-foot wide parking areas and appurtenances;
together with grading, storm sewers, building downspout
interceptors, sidewalks, street lighting, tree islands,
ornamental sidewalk delineation, trees, surface restoration
a~d miscellaneous related work.
Subdivision C. That MMS Consultants Inc. of Iowa 'City, Iowa,
having been employed as Engineers to prepare plats, schedules,
estimates, plans and specifications and otherwise to act in said
capacity with respect to said project is hereby ordered to prepare
and file with the Clerk preliminary plans and specifications and
estimates of the total cost of the work and the plat and schedule
of special assessments against benefited properties.
Subdivision D, That this Council hereby determines that all
property within the area hereinafter described will be specially
benefited by said improvements, to-wit:
The area to be assessed for paving includes all privately
owned property abutting the Maiden Lane right-of-way between
the southerly right-of-way line of Court Street and the
northerly right-of-way line of Prentiss Street.
,The area to be assessed for sanitary sewer includes all
privately owned property abutting the easterly Maiden Lane
right-of-way between the south top-of-bank of Ralston Creek
and the northerly right-of-way of Prentiss Street.
Subdivision E. The said improvement shall be designated as
the "Maiden Lane Paving and Sanitary Sewer Assessment Project",
and such name shall be a sufficient designation~to refer to said
improvement in all subsequent proceedings.
p.1- ~ day of JIMe..
PASSED AND APPROVED this
1994.
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ATTEST:
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ATTOJlNl:vaAT LAW Dn MOIHES IOWA
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entitled IIRESOLUTION FIXING VALUES OF LOTSII and moved its
adoption. Nmri ~lr seconded the motion to adopt.
': The roll was called and the vote was,
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Whereupon, the Mayor declared the Resolution duly adopted as
follows:
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Resolution No. 94-215
RESOLUTION FIXING VALUES OF LOTS
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WHEREAS, this Council after full investigation, has arrived
at a determination of the value of each lot located within the
Maiden Lane Paving and Sanitary Sewer Assessment Project, said
valuation being set forth in a preliminary schedule entitled
IIPreliminary Assessment Schedulfi!lI, under the column therein headed
IIValuation As Fixed By Council 11 :
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
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That said schedule of values, hereinabove referred to, be and
the same is adopted as the valuations of the lots, with the '
proposed public improvements completed, within the boundaries of
said improvements'and the'Clerk is hereby directed to forthwith
deliver the same to MMS Consultants Inc., the Engineers, for said'
project, said Engineer to insert said valuesin,the schedule of
assessments which is to be prepared and filed with this Council.
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PASSED AND APPROVED, this 14th
1994.
day of
June
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Kubby introduced the following
Resolution entitled "RESOLUTION ADOPTING PRELIMINARY PLAT AND
SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND SPECIFICATIONS
FOR THE CONSTRUCTION OF THE MAIDEN LANE PAVING AND SANITARY SEWER
ASSESSMENT PROJECT" and moved its adoption. Throgmorton
seconded the motion to adopt. The roll was called and the vote
was,
AYES: Kubbv, Lehman, Novick, Pigott, Throgmorton,
Baker. Horowitz
NAYS:
None
Whereupon, the Mayor declared the Resolution duly adopted as '
follows: Resolution No. 94-216
RESOLUTION ADOPTING PRELIMINARY PLAT AND
SCHEDULE, ESTIMATE OF COST AND PROPOSED
PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION
OF THE MAIDEN LANE PAYING AND SANITARY SEWER
ASSESSMENT PROJECT
WHEREAS, this Council has caused to be prepared preliminary
plat, schedule and estimate of cost, together with plans and
specifications, for the construction of the Maiden Lane Paving and
Sanitary Sewer Assessment Project, and this Council has fixed the
valuations of the property proposed to be assessed as shown
therein; and
WHEREAS, the Council finds that each lot separately assessed
in the schedule of assessments meets the definition of a lot as
described in Iowa Code Section 384,37(10) or in~the case of lots
consisting of multiple parcels that the parcels have been
assembled into a single unit for the purpose of use or
development; and
WHEREAS, said plat and schedule, estimate of cost and plans
and specifications appear to be proper for the purpose intended:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
That said plat and schedule, estimate of cost and plans and
specifications be and the same are hereby adopted as the proposed
plat, schedule, estimate of cost and plans and specifications for
said improvements and are hereby ordered placed on file with the
Clerk for public inspection.
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A1lltR~ COONEl'.lJORWElltR,IIAl'NIE, SMlTII & ALLDEE,I~,
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ATTOIINUI AT LAW on 1oI0lNn IOWA
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BE IT FURTHER RESOLVED, that the boundaries of the District
for the making of said improvements, as shown in the Engineer
plat, be and the same are hereby fixed 'as the boundaries for said
M~iden Lane Paving and Sanitary Sewer Assessment Project.
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PASSED AND APPROVED, this ~ day of ~~
1994.
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MILERS, COONEY, OORWEILER.IIAYNIE. Sllml A AllBEE. P.C.
AnOIlNUI AT LAW DEI WOINEI.IOWA
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Kubbv introduced the following Resolution
entitled "RESOLUTION OF NECESSITY (PROPOSED) II, and moved its
adoption. Lehman seconded the motion to adopt.
The roll was called and the vote was,
AYES: Lehman. Novick. Pigott, Throgmorton,
Baker, Horowitz, Kubby
NAYS: None
Whereupon, the Mayor declared the Resolution duly adopted as
follows:
Resolution No, 94-217
RESOLUTION OF NECESSITY (PROPOSED)
WHEREAS, preliminary plans and specifications and plat and
schedule and estimate of cost are now on file in the office of the
Clerk showing the boundaries of the District, containing the
properties and lots to be assessed, locations of the improvements,
each lot proposed to be assesse~, together with a valuation of
each lot as fixed by the Council, an estimate of the cost of the
entire proposed improvements, stating the cost of each type of
construction and kind of materials to be used; and an estimate of
the amount proposed to be assessed against each lot, for the
construction of the Maiden Lane Paving and Sanitary Sewer,
,Assessment Project, as hereinafter described, in Iowa City, Iowa:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
That it is deemed desirable, advisable an~ necessary to
construct as a single improvement the Maiden Lane Paving and
Sanitary Sewer Assessment Project, in Iowa City, Iowa.
Said District containing the properties to be assessed is set
out and described in the following "Notice to Property Owners",
set out in this Resolution. '
Said improvements within said District are located and
described in the following "Notice to Property Owners", set out in
this Resolution.
The method of construction shall be by contract.
Costs of said improvements will be assessed to the properties
within the boundaries of the District. No property shall be
assessed more than it is benefited by the improvements nor more
than 25% of its value on the date of its assessment. Said
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AHLERS. COONEY, OOR~'EILER, HAYNIE, SMITH & mnEE,I~
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assessment may include a ten percent Defa~lt and Deficiency Fund,
as authorized by Section 384.44, City Code of Iowa.
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A plat and schedule and estimate of costs are now on file in
the office of the Clerk as required by law.
Any difference between the amount which is derived from cash
payments made by property owners during the thirty day collection
period and the sale of Improvement Bonds issued against
assessments on benefited properties and the total cost of the
improvements, shall be paid for from the proceeds derived from the
issuance and sale of bonds as authorized by Section 384.25/ City
Code of Iowa, and/or from such other funds of 'said Municipality as
may be legally used for such purpose.
BE IT FURTHER RESOLVED, that this Council meet at 7:30
o'clock .!..M., on the 5th day of July , 1994, in
the Council Chambers, Civic Center, for the purpose of hearing
property owners subject to assessment and interested parties for
or against the improvement, its cost, the assessment, or the
boundaries of the district. Unless a property owner files
objections with the Clerk at the time of the hearing on this
Resolution, he shall be deemed ~o have waived all objections
pertaining to the regularity of the proceedings and the legality
of using special assessment procedure,
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BE IT FURTHER RESOLVED, that the Clerk is hereby instructed
to cause notice to be published and mailed as required by law of
the pendency of this Resolution and of the time and place of
hearing objections thereto, and to the said preliminary plans and
specifications, estimate of costs and to the making of said
improvements; said Notice to be in substantially the following
form:
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AnOlU4EYI AT LAW DU WOINEI IOWA
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NOTICE TO PROPERTY OWNERS
Notice is hereby given that there is now on file
for public inspectlon in the office of the Clerk of
the City of Iowa City, Iowa, a proposed Resolu-
tion of Necessity, an estimate of costs and plat
and schedule showing the amounts proposed to '
be assessed against each lot and the valuation
thereof within the District as approved by the
Council of Iowa City, Iowa, for a paving and
sanitary sewer improvement, designated as the
Maiden Lane Paving and Sanitary Sewer Assess-
ment Project, of the types and in the location as
follows:
Maiden Lane - Prentiss Street to Ralston Creek
Improvements consist of 7-inch thick
Portland Cement Concrete pavement
with S-inch integral curb for a 25-foot
wide access drive and 18-foot wide park-
ing areas and appurtenances; together
with grading, storm sewers, building
downspout interceptors, street lighting,
sidewalks, tree islands, ornamental side-
walk delineation, trees, 8-inch diameter
sanitary sewer extension with 4-inch
diameter sanitary service lines, surface
restoration and miscellaneous related
work.
Malden Lane - Ralston Creek to Court Street
Improvements consist of 7-inch thick
Portland Cement, Concrete pavement
with S-inch integral curb for a 24-loot
wide access drive and 18-foot wide park-
ing areas and appurtenances; together
with grading, storm sewers, building
downspout interceptors, sidewalks, street
lighting, tree islands, ornamental side-
walk delineation, trees, surface resto-
ration and miscellaneous related work.
That the proposed District to be benefited and
SUbject to assessment for the cost of such im-
provements Is described as follows:
The area to be assessed for paving
includes all privately owned properly
abutting the Malden Lane right-aI-way
between the southerly right-of-way line of
Court Street and the northerly right-of.
way line of Prentiss Street.
The area to be assessed for sanitary
sewer Includes all privately owned prop.
erly abutting the easterly Malden Lane
rlght-of.way, between the south top-of-
bank 01 Ralston Creek and the northerly
right-of-way of Prentiss Street.
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The Council will meet at 7:30 o'clock P.M, on
the 5th day of July, 1994, at the Council Cham-
bers, Civic Center, Iowa City, Iowa, at which time
the owners of the property subject to assessment
for the proposed improvements, or any other
person having an interest in the mailer may
appear and be heard for or against the making of
the improvement, the boundaries of the District,
the cost, the assessment against any lot, tract or
parcel of land, or the final adoption of a Resolu-
tion of Necessity. A property owner will be
deemed to have waived all objections unless at
the time of Hearing he has filed objections with
the Clerk.
This Notice is given by authority of the Council
of the City of Iowa City, Iowa,
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INTRODUCED AND PROPOSED at a meeting held on the ~ day of
'J7m,ll_ ; 1994.
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ATTEST:
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AnOItNIY' AT L.AW DE. WOIHII.IOWA
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CERTIFICATE
WITNESS my h~d and the sea
affixed this / day of
said Municipality hereto
, 1994.
STATE OF IOWA )
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COUNTY OF JOHNSON )
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I, the undersigned City Clerk of Iowa City, Iowa, do hereby
certify that attached is a true and complete copy of the portion
of the corporate records of said Municipality showing proceedings
of the Council, and, the same is a true.and complete copy of the
action taken by said Council with respect to said matter at the
meeting held on the date indicated in the attachment, which
proceedings remain in full force and effect, and have not been
amended or rescinded in any way; that meeting and all action
thereat was duly and publicly held in accordance with a notice of
meeting and tentative agenda, a copy of which was timely served on
each member of the Council and posted on a bulletin board or other
prominent place easily accessible to the public and clearly
designated for that purpose at the principal office of the Council
(a copy of the face sheet of said agenda being attached hereto)
pursuant to the local rules of the Council ~nd the provisions of
Chapter 21, Code of Iowa, upon reasonable advance notice to the
public and media at least twenty-four hours prior to the com-
mencement of the meeting as required by said law and with members
of the public present in attendance; I further certify that the
individuals named therein were on the date thereof duly and
lawfully possessed of their respective city offices as indicated
therein, that no Council vacancy existed except as may be stated
in said proceedings, and that no controversy or litigation is
pending, prayed or threatened involving the incorporation,
organization, existence or boundaries of the City or the right of
the individuals named therein as officers to their respective
positions.
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City Clerk, Iowa City, Iowa
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AnOltNIYI AT LAW DIIl,40INUIOWA
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(Two publications required)
NOTICE TO PROPERTY OWNERS
Notice is hereby given that there is now on file for public
inspection in the office of the Clerk of the City of owa City,
Iowa, a 'p oposed Resolution of Necessity, an estimate of costs and
plat and s edule showing the amounts proposed to be ssessed
against each ot and the valuation thereof within t District as
approved by tn Council of Iowa City, Iowa, for a ving and
sanitary sewer 1 provement, designated as the Mai en Lane Paving
and Sanitary Sewe Assessment Project, of the t es and in the
location as follow
Maiden Lane -
Improvements cons'st of 7-inch thic Concrete
pavement with 6-in h integral curb or a 25-foot wide access
drive and l8-foot 'de parking ar as and appurtenances;
together with gradi , storm se rs, building downspout
interceptors, street lighting, sidewalks, tree islands,
ornamental sidewalk d line~ti n, trees, 8-inch diameter
sanitary sewer extensi n wi 4-inch diameter sanitary
service lines, surface res oration and miscellaneous related
work.
Maiden Lane - Ralston
Street
Improvements consis of 7- nch thick Portland Cement Concrete
pavement with 6-in integr 1 curb for a 24-foot wide access
drive and l8-foot ide parki g areas and appurtenances;
together with gr ding, storm ewers, building downspout
interceptors, s'dewalks, stre t lighting, tree islands,
ornamental si walk delineatio , trees, surface restoration
and miscella ous related work,
That the p oposed District to be enefited and subject to
assessment for the cost of such improve ents is described as
follo~IS :
The ar a to be assessed for paving in ludes all privately
owned property abutting the Maiden Lan right-of-way between
the outherly right-of-way line of Cour Street and the
nor erly right-of-way line of Prentiss treet.
T e area to be assessed for sanitary sewer includes all
ivately owned property abutting the easterly Maiden Lane
right-of-way between the sou~h top-of-bank of Ralston Creek
and the northerly right-of-way of Prentiss Street.
-9-
AIILERS. COONEI'. DORWEILER, IIArNIE, SlUTII 4 AI.LDEE, r.c.
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ATTOIIINCVI AT LAW Dn MOINU IOWA
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The Council will meet at o'clock ,M., on the
day of , 1994, at the Council Chambers,
Civic Center, Iowa City, Iowa, at which time the owners of
property subject to assessment for the proposed improvements, or
any other person having an interest in the matter may appear and
be heard for or against the making of the improvement, the
boundaries of the District, the cost, the assessment against ,y
lot, tract or arcel of land, or the final adoption of a
Resolution of cessity. A property owner will be deemed t have
waived all obje ions unless at the time of Hearing he has filed
objections with e Clerk,
This Notice is
of Iowa City, Iowa.
the City
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Clerk,
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RESOLUTION NO, 94-218
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE
IOWA AVENUE SENIOR CENTER PARKING LOT RETAINING WALL AND RAIL
IMPROVEMENT PROJECT.
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WHEREAS, All American Concrete, Inc. of North Liberty, Iowa, has submitted the lowest
responsible bid of $34,462.00 for the 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 All
American Concrete, Inc. of North Liberty, Iowa, subject to the condition that awardee
secure adequate performance 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 the
construction of the above-named project, subject to the condition that awardee secure
adequate performance bond, insurance certificates, and contract compliance program
statements.
Passed and approved this 14th day of June
,1994.
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MAYOR -
APpr, ved ~
ity Attorney's Office
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ATTEST: ~;: ~~
CIT CLERK
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It was moved by No"ick and seconded by '1'1".ngmnrtnn the Resolution be
adopted, and upon roll call there were:
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Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
AYES:
NAYS:
ABSENT:
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ADVERTISEMENT FOR BIDS
IOWA AVENUE SENIOR CENTER PARKING
LOT RETAINING WALL AND, RAIL
IMPROVEMENT PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until
10:30 a,m. on the 7th day of June, 1994, and
opened immediately thereafter by the City
Engineer. Proposals will be acted upon by the
City Council at a meeting to be held in the
Council Chambers at 7:30 p.m. on June 14,
1994, or at such later time and place as may
then be fixed.
The work will involve the following:
Removal of the existing deteriorated
chain link fence and replacement with
a new aluminum railing, repairs to the
concrete retaining wall, and removal
and replacement of existing sidewalk.
All work is to be done in strict compliance
with the plans and specifications prepared by
NNW, INC. of Iowa City, Iowa, which have
heretofore been approved by the City Council,
and are on file for public examination in the
Office of the City Clerk,
Whenever reference is made to the "Stan-
dard Specifications," it shall be the "Standard
Specifications for Highway and Bridge Con-
struction, n Series of 1992, Iowa Department of
Transportation, Ames, Iowa, plus current
special provisions and supplemental specifica-
tions.
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 a bid bond executed by
a corporation authorized to contract as a surety
in the State of Iowa, in a penal 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 as liquidated damages in the event
the successful bidder fails to enter into a
contract within ten (101 calendar days and post
bond satisfactory to the City insuring the
faithful performance of the contract and main-
tenance of said project, if required, pursuant to
the provisions of this notice and the other
contract documents. Bid bonds of the lowest
two or more bidders may be retained for a
period of not to exceed fifteen (151 days until
a contract is awarded or rejection is made.
Other bid bonds will be returned after the
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canvass and tabulation of bids is completed
and reported to the City Council.
Payment to the Contractor will be made as
specified in the "Standard Specifications/"
Article 1109.05,
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 Council and shall guaran-
tee the prompt payment of all materials and
labor and protect and save harmless the City
from claims and damages of any kind caused
by the operation of the contract, and shall also
guarantee the maintenance of the improvement
for a period of five (5) year(s) from and after its
completion and acceptance by the City.
The following limitations shall apply to this
project:
Working Days: 30
Completion Date: June 27/ 1994
Liquidated Damages: $100 per day
The plans, specifications and proposed
contract documents may be examined at the
office of the City Clerk. Copies of said plans
and specifications and form of proposal blanks
may be secured at NNW, Inc. 1316 E. College
St., Iowa City, Iowa; phone number
(319)351-2166).
A $20.00 non-refundable fee is required for
each set of plans and specifications. The fee
shall be in the form of a check made payable to
NNW, Inc.
Prospective bidders are advised that the City
of Iowa City desires to employ minority con-
tractors and subcontractors on City projects.
Bidders shall list on the Form of Proposal the
names of persons, firms, companles, or other
parties to whom it is intended to enter into a
subcontract. The list shall include the type of
work and approximate subcontract amount.
The Contractor awarded the contract shall
submit a list on the Form of Contract of the
proposed subcontractors along with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of
all efforts to recruit MBE/s.
A listing of minority contractors is available
and can be obtained from the Civil Rights
Coordinator at the Iowa City Civic Center by
calling 319/356-5022.
By virtue of statutory authority, preference
will be given to products and provisions grown
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and coal produced within the State of Iowa,
and to Iowa domestic labor, to the extent
lawfully required under Iowa Statutes. The
Iowa Reciprocal Preference Act (SF 2160)
applies to the contract with respect to bidders
who are not Iowa residents.
The City reserves the right to reject any or all
proposals and to waive technicalities and
irregularities,
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
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JUN 2 2 1994
RESOLUTION NO. 94-21 q
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE
AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE RELATIVE TO THE EMERGENCY WATERSHED
PROTECTION PROGRAM FOR CERTAIN REPAIRS ADJACENT TO RALSTON
CREEK CAUSED BY THE FLOOD OF 1993.
WHEREAS, portions of Ralston Creek were damaged during the flood of 1993, including that
portion adjacent to the Chi Omega House at 12 N. Lucas Street; and
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with the United States
Department of Agriculture Soil Conservation Service, a copy of said agreement being attached
to this Resolution and by this reference made a part hereof; and
WHEREAS, the City Council deems it in the public interest to enter into said agreement with
the United States Department of Agriculture Soil Conservation Service relative to the
Emergency Watershed Protection Program for certain repairs adjacent to Ralston Creek caused
by the flood of 1993, more specifically adjacent to the Chi Omega House on N. Lucas Street.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA,
THAT:
1.
The Agreement attached hereto is in the public interest, and is approved as to form
and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached
Agreement on behalf of the City.
Passed and approved this ,..J4th day of JURe
,1994.
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.MAYOR -
APR 0"'" by ~
'ity Attorne~ffice 6/ rfY
ATTEST:~~ ~
CITY CLERK
It was moved by Novi~k and seconded by
adopted, and upon roll call there were:
the Resolution be
KHlllly
AYES:
NAYS:
ABSENT:
x
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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EXHIBIT C
State
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Iowa
REIMBURSABLE AND
COOPERATIVE AND OPERATION AND MAINTENANCE AGREEMENT
For Exigency Measures
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
COOPERATIVE AGREEMENT
THIS AGREEMENT, made this .:2 7 day of \:J(Mo!' 1994, by
and between, the City of Iowa City, Johnson County, Iowa,
called the Sponsors or Cooperators; and the Soil
Conservation Service, United States Department of
Agriculture, called SCS.
WITNESSETH THAT:
WHEREAS, under the provisions of the Title IV of the
Agricultural Credit Act of 1978, Public Law 95-334, the
Sponsors and SCS agree to a plan which provides for
restoration of certain works listed in Section A.:
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NOW THEREFORE, in consideration of the premises and of the
several promises to be faithfully performed by the parties
hereto as set forth, the Sponsors and SCS do hereby agree as
follows:
.
A. It is agreed that the following described work is to be
constructed at an estimated cost of $43,500.
Streambank stabilization, DSR 364-06.
B. The Sponsors will:
1. Provide 20 percent of the cost of constructing the
works of improvement described in Section A. This
cost to the Sponsor is estimated to be $8.700.
2. Reimburse the SCS 20 percent of the cost of the
construction contract payments made to the
contractor. Payment is due and payable upon
receipt of a bill from SCS with evidence contract
payment has been made. Payments must be received
within 30 calendar days from the date of billing.
Payment received after the due date will be
considered late payment. For such late payments,
interest will accrue on the unpaid amount at a
percentage rate based on the current value of
funds to the U.S. Treasury for each 30-day period
or portion thereof that payment is delayed.
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page 2 of 4
3. Accept all financial and other responsibility for
excess costs resulting from their failure to
obtain or their delay in obtaining adequate land
and water rights, permits, and licenses needed for
the'works of improvement described in Section A,
4, Review and approve the plan for the work described
in Section A.
5.
Provide certification (sign-ADS-7B) that real
property rights have been obtained for
installation of planned measures.
6.
Upon acceptance of the work by SCS from the
contractor, assume responsibility for operation
and maintenance.
7.
If applicable, complete the attached "Clean Air
and Water Certification II and comply with the
attached "Clean Air and Water Clause".
B.
Upon completion of emergency protection measures
and the elimination of the threat, the sponsors
will take action, if needed, to bring the measures
up to reasonable standards by other means and/or
authority. Unless the measures are brought up to
reasonable standards, the sponsors will not be
eligible for future funding under the emergency
watershed protection program.
c.
SCS will:
1. Provide BO percent of the cost of constructing the
works of improvement described in section A. This
cost to SCS is estimated to be $34,BOO,
2,
Contract for the construction of the works of
improvement described in Section A in accordance
with Federal Acquisition Regulations.
Provide authorized technical services, including
but not limited to obtaining basic information;
preparation of contracts, drawings, and designs;
contract administration; and quality assurance
during installation.
3.
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page 3 of 4
4. Arrange for and conduct final inspection of the
completed works of improvement with the Sponsors
to determine whether all work has been performed
in accordance with the contractual requirements.
Accept work from the contractor; notify the
Sponsors of acceptance; and turn over the accepted
works to the sponsors.
D. It is mutually agreed that:
1. No member of or, delegate to Congress or Resident
Commissioner shall be admitted to any share or
part of this agreement or to any benefit that may
arise therefrom; but this provision shall not be
construed to extend to this agreement ,if made with
a corporation for its general benefit.
2. The furnishing of financial and other assistance
by SCS is contingent on the availability of funds
appropriated by Congress from which payment may be
made and shall not obligate SCS upon failure of
the Congress to appropriate funds.
3. SCS may terminate this agreement in whole or in
part when it is determined by SCS that the
Sponsors have failed to comply with any of the
conditions of this agreement. SCS shall promptly
notify the Sponsors in writing of the
determination and reasons for the termination,
together with the effective date. Payments or
recoveries made by SCS under this termination
shall be in accord with the legal rights and
liabilities of SCS and the Sponsors.
4. This agreement may be temporarily suspended by SCS
if it determines that corrective action by the
Sponsors is needed to meet the provisions of this ,
agreement. Further, SCS may suspend this
agreement when it is evident that a termination is
pending.
5. The program or activities conducted under this
agreement will be in compliance with the
nondiscrimination provisions contained in the
Titles VI and VII of the Civil Rights Restoration
Act of 1987 (Public Law 100-259); and other
nondiscrimination statutes, namely: Section 504 of
the Rehabilitation Act of 1973, Title IX of the '
Education Amendments of 1972, and the Age
Discrimination Act of 1975. They will also be in
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accordance with the regulations of the Secretary
of Agriculture (7CGR-15, Subparts A & B), which
provide that no person in the United States shall
on the grounds of race, color, national origin,
age, sex, religion, marital status, or handicap be
excluded from participation in, be denied the
benefits of, or be otherwise subjected to
discrimination under any program or activity
receiving federal financial assistance from the
Department of Agriculture or any agency thereof,
page 4 of 4
CITY OF IOWA CITY
By' (JvUM<- II, ~, tJ
Title: ~bk--
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Title: State Conservationist
Approved By
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City Attorney's Office
, 6/~1
This action is authorized
at an official meeting of
the TmM City COl1nril
on the 14th day of
Date:
.Tl1n~ 14, 1 qq4
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at Towa City. Towa
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERV~~, SERVICE
By: ~: ~~ .at)6:
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Date: C-:J7-1'i
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US, Dcptltmcnl or AlllcuhulC
Soil ConlClvarlon Servicc
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ASSURANCES RELATING TO JUN 22 199.,
REAL PROPERTY ACQUISITION
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A. PURPOSE _ This form Is to be used by sponsor(s) 10 provide lhe usurancesto the Soil Consmation Smice
of the U.S. Department of Agriculture which Is required in connection with the Installation of project measures
which Involve Federal financial aJslstance furnished by the Soil Conservation Service.
, ,
B. PROJECT MEASURES COVERI;D -
Name of proJect Emergency Watershed Protection Pr;gram; Site No, 364-06
Identity of Improvement or development
Ralston Creek - Iowa City. I01~
Location north of IOI~a Avenue an~ east of Lucas Street
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REAL PROPERTY ACQUISITION ASSURANCE -
This aJsurancc Is applicable If real properlY InteltSll were acqulred for the Installation of proJecl meaJures,
andlor If persollS, bwlnes.ses, or farm operallons were dlsplaccd u a result of such Installation: and this
assurance WlS not prevIously provided for In Ihe walershed, project meaJure, or otber type of plan.
If this assurance WIU not previously provided, the underslgncd sponsor(s) hereby assures tbey have complied,
to the extcnt pracllcable undcr Stale law, with the requirements of the UnHonn Relocation Assistance and Real
Property Acqulslllon Policies Act (42 U.S.C. 4601-4655), u Implemented In 1 C.F.R, Part 21. Any cxcepllons
taken from the real property acquisition requirements under Ihe authority or 42 U.S,C. 4655 betause of Stale
law have be(n or II hereby furnished 10 lhe Soil Conltrlation ServIce alona with the opinion of lhe Chid Legal
Officer of Ihe Slate containing a fuJ\ discussion of the lacts and law rurnished,
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D. ASSURANCB OF ADEQUACY OF REAL PROPERTY RIGIITS -
The undersigned sponsor(s) hercby UlUICl that adequate real property rights and Interests, woter rights II
applicable, permllsand licenses required by Fedml. Slale, and local law, ordinance or relulallon, and relmd
actions have been taken to obtain the leaal rlahlto Inslall. opmle, malntaln, and Inspect Ihe above.described
project meaJwes, except for structures or Improvcments Ihat are 10 be removed, relocated, modified, or
salvaged berore andlor during lhe Installation procC5S.
11lis assurance Is given with the knowledge thatsponsor(s) arc responsible for any excesS costs or olhcr conse.
quences III the event the real property rights m found to be Inadequate dwlng the Installation process.
Furthemlorc,thls assurance is supported by an allorney's opinion auached hcrelo that cerlllies an cx:uninallon
of lhe real propertY Instruments and filtj was made and they were round to provide adequate litle, right. per.
mission and authority lor the purposc(s) for which thc property Wl$ acquired.
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If any of Ihe r!:1J property rights or InlereslS were oblalned by condemn~t1on (eminent domain) proceedings.'
spon$Or(s)fLlrtller 3.!SW~ and avee to pro~ecule lhe procetdingslo a final conclusion lII1d pay such damages as awarded
by the court. .
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Ci ty of Iowa City
This action aUlhorlted
at an ofllciaJ meetIng of the Iowa City
(Ntmt 01 Sponrorl
Dy:h?h.~~
Title: Mayor
June 14, 1994
Tn1'o1!:1 ri+-J'
Conncil
on 14th
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PERlIIT FOR EIIERGE!lCY WATERSIIED PROTECTION (EWP)
JUN 2 2 /g9'I
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The undersigned lando\lners hereby grant permission to the City of
purpose of repairing the flood damage of
embankment erosion
(I tem Impai red)
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and/o~, their agents to enter upon our land for the
on/of
Ralston Creek
(Name of Channel or Watershed)
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This permit includes the right to spresd soil, remove and dispoae of
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debris, install needed measures, seed and mulch, and perform similar
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emer~necJ watershed protection \lork necessitated by the flood 0;
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,This perroH also includes the right of ingress IInd egress on the land for
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the purpose of maintaining the emergency \lorks for the period of 1 year
frem the date of completion. Work arells covered by this permit are sketched
on the reverse of this form.
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PEltHll' FOR EHERGEllCY WATERSIIED PROTECTION (EWP)
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The undersigned iandowners hereby grant permission to the City of
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Iowa City
and/ot:. their agents to enter upon our land for the
purpose of repairing the flood damage of embankment erosion
(I tem lmpai red)
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on/of
Ralston Creek
(Name of Channel or Watershed)
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This permit included the right to spread soil, remove' and dispose 0 f
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debris, install needed measur~s, seed and mulch, and perform similar
emer~,n~~J watershed protection work necessitated by the flood o~
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This permit also includes the right of ingress Ilnd egreslJ on the land for
the purpose of b1aintainlng the emergency works for the period of 1 year
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from the date of completion. Work aread covered by this permit are sketched
on the reverse of this form.
SiRned
Date
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I 1996
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1996
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RALSTON CREEK - IOWA CITY
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SITE NO. 364-06
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JOHNSON COUNTY, IOWA
'LANDRIGHTS MAP .
U,S,': DEPARTHEHT OF AGRICULTURE
SOIL! COHSfRVATlOH SERVICE
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LEGEND
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OVERHEAO UTILITY LItlE
UTILITY POLE
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CONSTRUCTION LIHITS
UNDERGROUHD UTILITY LItlE
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RESOLUTION NO. 94-m
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
WITH GOVERNOR PROPERTIES AND PSI BETA HOUSE CORPORATION OF CHI OMEGA
RELATIVE TO FUNDING AND MAINTENANCE RESPONSIBILITIES IN REGARDS TO THE
EMERGENCY WATERSHED PROTECTION PROGRAM FOR CERTAIN REPAIRS TO RALSTON
CREEK CAUSED BY THE FLOOD OF 1993.
WHEREAS, portions of Ralston Creek were damaged during the flood of 1993, including that portion
adjacent to the Chi Omega House at 12 N. Lucas Street; and
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WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Governor Properties and Psi Beta
House Corporation of Chi Omega, whereby the City transfers its obligations to Governor Properties and Chi
Omega Sorority; and
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WHEREAS, the City Council deems it in the public interest to enter into said agreement with Governor
Properties and Psi Beta House Corporation of Chi Omega relative to the Emergency Watershed Protection
Program for repairs adjacent to Ralston Creek caused by the flood of 1993.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
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1. The Agreement attached hereto is in the public interest, and is approved as to form and content.
2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Agreement.
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Passed and approved this 14th
day of J une
,1994,
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Yty~t~orney/s Office 6f'~y
and seconded by Pigott the Resolution be adopted, and
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ATTEST: ~f(. ~~
CIT LERK "
It was moved by T.ph~~n
upon roll call there were:
AYES:
NAYS:
ABSENT:
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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AGREEMENT
THIS AGREEMENT is entered into by and between the City of
Iowa City, Iowa, a municipal corporation, hereinafter referred to
as CITY, and Governor Properties, an Iowa general partnership,
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hereinafter referred to as PROPERTIES, and Psi Beta House
Corporation of Chi Omega, hereinafter referred to as SORORITY.
WHEREAS, PROPERTIES and SORORITY are the owners of properties
which are located in the South Half of Block 4, Original Town,
Johnson County, Iowa, (attached as Exhibit "A" is the description
of the real property owned by PROPERTIES and attached as Exhibit
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"B" is the description of the real property owned by SORORITY),
each of which properties include a portion of Ralston Creek as it
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traverses through said property.
AND WHEREAS, CITY has entered into a Cooperative and
Operation and Maintenance Agreement with the united States
Department of Agriculture Soil Conservation service for the
installation of certain soil erosion structures within the
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portions of Ralston Creek owned by PROPERTIES and SORORITY. (Said
cooperative and Operation and Maintenance Agreement being attached
hereto as Exhibit "C".)
AND WHEREAS, CITY requires PROPERTIES and SORORITY to assume
certain responsibilities which the CITY has assumed by executing
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the Agreement attached hereto as Exhibit "C", and in acquiring the
Permit for Emergency Water Shed Protection, a copy of which is
attached hereto as Exhibit "0";
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NOW, THEREFORE, IN CONSIDERATION OF THE CITY'S EXECUTION OF
SAID AGREEMENTS AND INSTALLATION OF THE STRUCTURES REFERRED TO
ABOVE, PROPERTIES AND SORORITY HEREBY AGREE AS FOLLOWS:
1. The Cooperative Agreement (Exhibit "C") requires the
Sponsor (CITY) to pay 20% of the costs of construction
of the improvements referred to in that Agreement. The
total cost of the Sponsor's share is estimated to be
Eight Thousand Seven Hundred Dollars ($8,700.00). CITY,
PROPERTIES, and SORORITY each agree to pay one-third
(1/3) of the Sponsor's costs under said Agreement.
2. PROPERTIES and SORORITY each have deposited with the
CITY an escrow amount of Two Thousand Nine Hundred
Dollars ($2,900.00). This amount represents the one-
third (113) share of the estimated total cost of the
Sponsor's share for which each party has agreed to be
responsible. In the event the actual total cost of the
Sponsor's share is less than 'Eight Thousand Seven
Hundred Dollars ($8,700.00) the CITY shall reimburse
PROPERTY and SORORITY that difference. In the event the
actual total cost of the Sponsor's share exceeds Eight
Thousand S even Hundred Dollars ($ 8, 700. 00) all three
parties agree to contribute an equal amount of that
dif ference.
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3. PROPERTIES and SORORITY will each assume the
responsibility of CITY for the maintenance and
inspection of those improvements installed pursuant to
the above referred to Agreements on that portion of
Ralston Creek which are included in said parties
separate property.
4. PROPERTIES and SORORITY shall assume any responsibility
or liability for violations of the Operation and
Maintenance plan, a copy of which is attached hereto as
Exhibit "E".
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5. PROPERTIES and SORORITY each, warrant that they are the
owners of the properties described in Exhibits "A" and
"B" and that as owners thereof they each have the
rights, title and interest therein to grant the easement
right-of-ways required by the Permit for Emergency Water
Shed Protection. (Exhibit "D" hereto)
6. Where the costs of maintenance and repair are readily
attributable to the portion of Ralston Creek which is
included in said parties separate real property,
PROPERTIES and SORORITY shall pay the full amount of the
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maintenance costs attributed to their own property.
However, ~/here the costs of inspection, reporting
procedures or other repairs are difficult to calculate
between the respective portions of Ralston Creek owned
separately by PROPERTIES and SORORITY, PROPERTIES shall
pay 50% of the total cost thereof and SORORITY shall pay
the remaining 50%.
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PROPERTIES and SORORITY shall hold CITY harmless from
any obligations or responsibilities incurred by CITY
under the "Assurances Relating to Real Property
Acquisition" (Exhibit "F" hereto) and "cooperative and
Operation and Maintenance Agreements". All parties
hereto understand that CITY is executing the documents
which are attached hereto as exhibits solely for the
purpose of acquiring the necessary funds from the united
States Department of Agriculture Soil Conservation
Service, and in doing' so does not intend to incur any
'direct expenses, other than those services which have
been and will be performed by the CITY'S Engineer in
connection with this project.
DATED this It/- tit day of """Sl.\l\e.
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7.
, 1994.
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CITY OF IOWA CITY, IO~A
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PSI BETA HOUSE CORPORATION
OF CHI OMEGA SOR IT.
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BY:
Ly tte Lanclal, Preslden
BY: \~ ~
Nan Fos t\f, reasurer
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STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
+~ JlU\e..
On this ~ day of~, 1994, before me, a Notary Public in
and for the State of Iowa, personally appeared Susan Horowitz and
Marian K. Karr, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and the City Clerk,
respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the Municipal 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. qJj.- Z2D adopted by the City Council
on the 11 +~ day of --run.. , 1994, and that Susan Horowitz and
Marian K. Karr acknowledged the execution of the instrument to be
the voluntary act and deed of the corporation, by them voluntarily
executed.
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Notary Public in and for
State of Iowa
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STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
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On this ~ day of May, 1994, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
Victor G. Edwards and Larry Rigler, to me personally known, who
being by me duly sworn, did say that the persons the partners of
GOVERNOR PROPERTIES, an Iowa General Partnership, and that the
instrument was signed on behalf of the partnership by authority of
the partners, and the partners acknowledged the execution of the
instrument to be the voluntary act and deed of the partnership, by
it and by the partners voluntarily executed.
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LISA STULL
IIY COMMISSION EXPIR
UAY 12. 1M
ry Public in and for
State of Iowa
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STATE OF
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COUNTY OF _ JOHNSON )
J --f.l. June
On this '~ day of M~~ 1994, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
LYll"H" T'~Il('ioJ and Nancy Foster , to me personally
known, who, being by me duly sworn, did say that they are the
President and Treasurer , respectively, of PSI BETA
HOUSE CORPORATION OF CHI OMEGA SOROITY; that no seal has been
procured by the said corporation; that said instrument was signed
on behalf of said corporation by authority of its Board of
Directors and that the said _Wm~tte_k~~i~_________ and
Nancy Foster as such officers, acknowledged the execution
of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
~Q.~
Notary pubiic in and for the
State of Iowa
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY OWNED BY GOVERNOR PROPERTIES:
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Lot 1; the east 25 feet of Lot 2; Lot 8 except the west 2 feet
of the south 70 feet of said Lot 8 and also except the east 78
feet of the south 75 feet of said Lot 8; Lot 7, except the east
40 feet of the south 70 feet of said Lot 7; the east half of Lot
6, subject to an easement over the west 10 feet of the north 70
feet of said Lot 6; all in Block 4 in Iowa City, Iowa, according
to the recorded plat thereof.
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EXHIBIT "B"
The South 80 feet of Lot 5 and south 80 feet of the west 40 feet of
Lot 6, Block 4, in Iowa City, Iowa, according to the recorded plat
thereof.
Commencing at a point 80 feet North of the Southwest corner of Lot
5, in Block 4, in Iowa City, Iowa, according to the recorded plat
thereof, running thence East 120 feet, thence North 35 feet, thence
West 120 feet, thence South 35 feet to the place of beginning.
Also a right-of-way over the following: Commencing at a point 80
feet North and 120 feet East of the Southwest corner of Lot 5,
Block 4, in Iowa City, Iowa, running thence East 10 feet, thence
North to the South side of the East and West alley in said Block 4,
then West along the South side of said alley 10 feet, thence South
to the point of beginning.
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Exhiibit C (Cooperative Agreement) and Exhibit F (Assurance Relating,
to Real Property Acquisition) can be fOW1d with th~ previous resolution
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which authorized the mayor to execute a Cooperative Agreement with the
United 'States Department of Agriculture Soil Conservation Service rela-
tive to the Emergency Watershed Protection Program,
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EXHIBIT D
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PERMIT FOR EMERGENCY WATERSHED PROTECTION (EWP)
The undersigned iando~ners hereby grant permission to the City of
Iowa City
and/o~.their egents to enter upon our land for the
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purpose of repairing the flood damage of embankment erosion
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Ralston Creek
(Nsme of Channel or Watershed)
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This permit includes, the right to spread soil, remove and dispose of
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debris, install needed measur~s, seed end mUlch, and perform similar
emergnecJ ~ater8hed protection ~ork necessitated by the flood of
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This permit also includes the right of ingress and egress on the land for
the purpose of maintaining the emergency works for the period of 1 year
from the date of completion. Work areed covered by this permit ere sketched
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on the reverse of this form.
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Date
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EXHIBIT E
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OPERATION AND MAINTENANCE PLAN
IOWA CITY - RALSTON CREEK,
.
This operation and maintenance plan will be carried out for the life ~f the measure.
Operation Responsibilit~
PROPERTIES and SORO,RITY will be responsible for operating the project.,
Maintenance Responsibilities
PROPERTIES and SORORITY will be responsible for the maintenance of the project.
Operatina Plan
Operation is the performing of non-maintenance actions needed to keep completed works of
improvement functioning as planned and serving the purpose for which Installed.
Maintenance Plan
Maintenance is work performed to keep works of improvement In, or restore them to, their
original physical and functional condition, Maintenance Includes performance of work and
application of measures to prevent deterioration, as well as restoring, rebuilding, replacing,
and putting together parts that have be~n torn, broken, or deteriorated.
Maintenance to be Performed
Fertilize vegetation once very three years to maintain a good grass cover.
Reseed or sprig areas devoid of vegetation.
Control all unplanned woody growth with chemicals when needed.
Control weeds with chemical spray~ and/or by clipping when needed to maintain vegetated
areas.
Repair damaged gabion baskets and/or mattresses.
Replace displaced rock riprap,
Remove sediment deposits.
Repair damage to diversions.
Inspections
Structural measures should be inspected annually by PROPERTIES and SORORITY,
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Attachment "A" lists items that should be examined during each Inspection.
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Beferences
Soil Conservation Service National Operation and Maintenance Maliual,
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ATTACHMENT "A"
to
OPERATION AND MAINTENANCE PLAN
EMERGENCY WATERSHED PROTECTION PROGRAM
IOWA CITY - RALSTON CREEK
DSR 364-06
JOHNSON COUNTY, IOWA
, ,
MAINTENANCE CHECK LIST
NOTE: - Use the following notations for each item:
A-Immediate corrective action is needed
Y-Condition exists
N-Condition does not exist
(Unless otherwise noted, notations "A" and "Y" require an
explanation, or listing the maintenance needs on the Report of
Maintenance Inspection.)
1. EARTHFILL AREAS: fl11r
(1) Any visual settlement?
(2) Misalignment?
(3) Cracking?
(4) Trail bike or vehicle trails?
(5) Inadequate vegetative cover?
(6) Any erosion?
(7) Any drift debris present?
(8) Animal burrows or trails?
2. EXCAVATED AREAS:
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(1) Are slopes eroding?
(2) Are slopes sloughing?
(3) Cracking?
(4) Trail bike or vehicle trails?
(5) Inadequate vegetative cover?
(6) Any drift debris present?
(7) Animal burrows or trails?
3. GABIONS/MATTRESSES. fJ
a. Gabions/Mattresses:
(1) Signs of movement?
(2) Signs of deterioration?
(3) Any visual settlement?
(4) Misalignment?
b. Rock Riprap:
(1) Signs of movement?
(2) Signs of deterioration?
(3) Any visual settlement?
SCS-EWP-IA
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c, Drainage system:
(1) Is discharge excessive?
(2) Is piping material present?
(3) Is geotextile exposed?
(4) Is geotextile deteriorated?
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4. OPEN CHANNEL.
a. Are slopes eroding?
b. Are slopes sloughing? ' .
c. Obstructions in channel?
d. Any overfalls in bottom grade?
e. Sedimentation occurring?
f, Any woody vegetative growth?
g. Any armor protection movement?
h. Any armor protection deterioration?
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RESOLUTION NO. 94-221
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RESOLUTION AUTHORIZlrm CONVEYANCE OF A VACATED PORTION OFTHE
LINN STREET RIGHT-OF-WAY LOCATED WEST OF GILBERT STREET AND
NORTH OF BENTON STREET TO MERLIN HAMM.
WHEREAS, the City Council adopted an ordinance vacating a portion of the Linn Street right-
of-way located west of Gilbert Street and north of Benton Street; and
WHEREAS, Merlin Hamm owns the property adjacent to the right-of-way; and
WHEREAS, Mr. Hamm has offered to purchase the right-of-way for $2,500, the appraised
value of the property; and
WHEREAS, the City does not need the portion of the right-of-way to provide access to
property in the area; o'nd
WHEREAS, the City will retain enough right-of-way to accommodate an eight foot sidewalk
along Gilbert Street and will retain a utility easement over the right-of-way; and
WHEREAS, on May 24, 1994, the City Council adopted Resolution 94-180 declaring its intent
to convey its interest in the vacated right-of-way, authorizing public notice of the proposed
conveyance, and setting the date and time for public hearing; and
WHEREAS, following public hearing on the proposed conveyance, the City Council finds that
the conveyance is in the public interest.
NOW, THEREFORE, BE IT HEREBY RESOLVED BYTHE CITY COUNCIL OF IOWA CITY, IOWA,
THAT:
1.
The Mayor and the City Clerk are authorized to execute a Quit Claim Deed conveying
the City's interest in the property legally described below to Merlin Hamm, for and in
consideration of $2,500.00, subject to the City reserving and retaining a utility
easement over the parcel in a location to be determined by the Public Works
Department:
Commencing at the southeast corner of Lot 4, Block 28 of County Seat Addition as
recorded in Deed Book 1 & 2, Page 301, Johnson County Recorder's Office; thence
N 89053'17" E, 35.00 feet; thence N 00016'55" W, 12.70 feet parallel to the east
line of said Block 28 to the Point of Beginning; thence N 00016'55" W -147.36 feet
parallel to the east line of said Block 28; thence N 89051' 13" E, 41.43 feet along the
easterly extension of the north line of lot 3 of said Block 28 to a point that lies 45.00
feet westerly from the centerline of Gilbert Street; thence S 15025'50" W, 152.98
feet along said line lying 45.00 feet from the centerline of Gilbert Street to the Point
of Beginning. Said tract contains 3,052 square feet or 0.070 acres more or less.
2.
The City Attorney is authorized to deliver said Quit Claim Deed to Merlin Hamm. The
deed and other documentation required by Iowa Code ~ 364. 7 (1993) shall be recorded
in the Johnson County Recorder's Office at Mr. Hamm's expense.
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Resolution No. 94-221
Page 2
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Passed and approved this 14th day of June
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Approved by
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the Resolution be
AYES:
NAYS:
ABSENT:
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RESOLUTION NO.
RESOLUTION CERTIFYING UNPAID SANITARY SEWER SERVICE UTILITY
CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE SAME
MANNER AS A PROPERTY TAX.
WHEREAS, Section 384.84 of the Code of Iowa provides that the City Council may certify
unpaid charges for the services of sanitary sewer systems, sewage treatment, solid waste
collection, water, and solid waste disposal to Johnson County, for collection in the same
manner as a property tax; and
WHEREAS, there exist unpaid sanitary sewer service utility charges for the owner and
properties, and in the amounts specified In Exhibit A, attached to this Resolution and by this
reference made a part hereof; and
, WHEREAS, the Council finds that the property owner has received a written notice by certified
mail, return receipt requested, of the date and time for the City Council's consideration of this
resolution, at which time the property owner may appear before the Council and be heard
concerning the unpaid charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
, j That the City Clerk is hereby authorized to certify to Johnson County, Iowa, for collection in the
same manner as a property tax, unpaid sanitary sewer service utility charges, as stated in
Exhibit A, attached.
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Passed and approved this
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ATTEST:
CITY CLERK
APp~oved ~ ' '
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It was moved by and seconded by
be adopted, and upon roll call there were:
the Resolution
AYES:
NAYS:
ABSENT:
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LOCATED AT:
CIVIC CENTER
I III E,IST W,lSfII:-IGTO:-; ST.
IOWA CITY, IOWA ;11,111
1'1I0NI: (.119) .1;(,..;1)1>(,
REMIT TO:
CITY 01' IOWA CITY
I'A YMENT PROCESSING CENTER
P,O. UOX .\013
CEDAR RAPIDS. IA 5Z~06'9115
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114,219.78
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201 435 00 I 20-MA Y-93
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CITY OF IOH~1 CITY
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AMOUNT PAID
BACULIS MOBILE HOME PARK
2130 S RIVERSIDE DR
IOWA CITY IA 52246 5825
2 0201435005 0000 11421978 000000000 1
T DETACH HERE ,
PLEASE REITRN THIS PORTION WITH YOl'R PA Y~IE:-:T
BJI.LI:-<G DATE: 05-MA Y-93
CllY OF IOWA CllY
: Your,\ccoimINo... " , . ,Vam,' , , '.,' ,'Scrvicc,lddrc>s . ',.
201 435 00
BACULIS MOBILE HOME PARK
2126 S RIVERSIDE DR
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28-0CT-92 13,474,09~ 0 20-MAY-93
Usage Billed: 13,474,099 Cubic Feet
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01-JUN-81
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SUM~IARY OF CURRENT CHARGES
Sewer.. " I ~.......... ,',.. "" I............ 114,219.78
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Total. . . . . . . . . ... . I . I . . . . . . . I . . . . I I , I I . . .. 114,219.78
EXHIBIT A-I
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MAKE CHECKS PAYABLE TO "CITI OF IOWA CITI". PLEASE INCLUDE ACCOUNT NUMBER ON CHECKS ",':'
. . .KEEP THIS PO.RTION I;OR,YOl'R RECORDS., SEE REVERSE SlI)E FOR 1~II'()RTA:-IT I~FOII~I,.\TION.ISq1 ' "./
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Usage Billed:
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SU:\I:\IARY OF CURRENT CHARGES
Sewer " . I I . . . . . . . . I . I . . . '. . . . . " I . ... . . . . . . I 3,309.84
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Total. . . . I I . . , . . . . . . . . . , . . . . . . . . I I . . . I . . .. 3,309.84
EXHIBIT A-2
MAKE CHECKS PAYABLE TO "CITY OF IOWA CITY". PLEASE INCLUDE ACCOUNT NUMBER ON CHECKS. ""
KEEP TI'IIS PORTION FOrI H1L'R llECORDS, SEE llEVEllSr: SIDE FOR f~(I'()RTA.'1T INl'Olt\Ii\TIO:'ol, ISLl1: " ,:
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City of Iowa City
MEMORANDUM
Date: June 9, 1994
To: The Honorable Mayor Susan M. Horowitz and Members of the City Council
From: , Linda Newman Gentry, City Attorney
Re: Summary Report on Results of Additional Factual Investigation of Connection
and Billing Questions Regarding Baculis Mobile Home Park; Summary Legal
Analysis and Suggested Follow-Up (Preventive Lawyering)
I.
Because this matter may well result in litigation, I have prepared a lengthy, detailed memo on
my methods of investigation, my factual finding and my legal analysis, However, I will present
that to you under separate cover.
I have reviewed City records, Shive-Hattery Engineering records for expansion of the Baculis
Mobile Home Park in 1972-74, Johnson County Health Department records, and spoken with
numerous engineers, contractors, plumbers and other persons supposedly having knowledge
of the above matter. I make the following findings.
Factual Back!lround and Knowled!le of Facts bv Both Parties
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1.
The discovery of the Baculis Mobile Home Park (hereafter "Baculis Park") receiving
sanitary sewer services was discovered, by accident, by a city housing inspector in July
1992, during the ordinary course of business.
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The City built the South Riverside Drive Sanitary Sewer and Lift Station Expansion
Project ("Project") in 1972. The project was done, in part, to accommodate expansion
of the Baculis Park, as well as to accommodate the Thatcher Mobile Home Park.
3. Expansion of the Baculis Park in 1972-74 was designed by Richard D. Kratoska, an
engineer for Shive-Hattery, now deceased.
4. The City obtained a sanitary sewer easement from Baculis Park, but the easement does
not grant Baculis Park any rights or privileges to connect a private sanitary sewer
service line to the City system.
5.
Connection of the Baculis Park to the City sanitary sewer system occurred some time
between October 1972 and November 1973. The connection was not done by the City
or its contractors (Dave Schmitt Construction).
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There is no evidence a connection permit was obtained for the Baculis Park private
service line connection to the City system. Baculis claims the City or a contractor
named Cole did the connection. I talked to Mr. Cole, and he said he did not do the
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connection, but perhaps Marv Swanka did it. Mr, Swanka has moved to Missouri,
address unknown,
7. I have no corroborating, undisputed evidence that Baculis himself surreptitiously made
the connection. The persons who supposedly had first hand knowledge that Baculis
himself made the connection do not have actual knowledge, but only speculation and
hearsay.
Baculis denies having made the connection himself, and the only two people who might
shed light on the subject are either dead (Kratoska) or unavailable (Swanka),
8. The City provided sanitary sewer services to Baculis Park from at least November 1973
to the present, and certainly until fall 1 992 when the error was discovered.
9, Baculis Park received sanitary sewer services from the City from at least November
1973 until the present, and clearly until Fall 1992 when the error was discovered.
Baculis Park did not pay for said sanitary sewer services, Because Baculis disputes
them, the past-due bills remain unpaid,
10, The "mystery check" which appeared April 28, 1992, and which was one reason I
requested additional time to investigate, was dated August 1972 and was in the amount CD
of approximately $2,000. There are no city records to indicate what this check was for
- and there is no indication in the Baculis check register, or on the check itself as to
purpose of the payment. The amount is too high to be a sanitary sewer service
connection fee, and may have been an assessment fee. The check remains unex-
plained.
11. Johnson County Health Department records show the City Clerk signed off on an
Application to the State Health Department for expansion of the Baculis Park, dated
, - 8/31172, and indicates "municipal sewer," see attached. Iowa law at that time required
I cities to be a participant in the licensing of mobile home parks.
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12, While the Johnson County Health Department was very much aware Baculis was on
''':1 City sanitary sewer since 1973, personnel in the Health Department had no reason to
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, I believe Baculis was not being billed for such services.
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13. Baculis made no secret of his connection with City sanitary sewer with respect to the
County Health officials, and claims that he assumed he was paying for City sanitary
sewer services.
14. Since Fall 1992, the City has been billing Baculis Park for, and Baculis Park has been
paying for current sanitary sewer services commencing Fall 1992 to present. These bills
are current, and not delinquent.
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15. Even though no sanitary sewer service permit was found in City records, records from
Shive-Hattery show the City Engineer and the Planning personnel reviewed and
approved the Baculis Park expansion plans, but did so mostly with respect to the
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manhole flow lines, There was no specific mention of private sanitary sewer service
connection in these records,
16. Records in the City Clerk's Office show Baculis Park was on "municipal sewer" in
documents dated 1972, which were eventually filed and approved with the State of Iowa
Department of Health in 1974. Also, City public works employees were not unaware
that Baculis Park was receiving sanitary sewer services, but had no reason to believe
that Baculis was not being billed for those services,
17, Finance Department reviewed erroneous billings with Dave Baculis of Baculis Park for
water services on several occasions, wherein the bill clearly showed Baculis Park was
only being billed for water and refuse (solid waste). That is, the billings Baculis Park
received clearly said ONLY WATER AND REFUSE, and did not include sanitary sewer
as most billings do.
18. In looking back at these prior Baculis billing errors, it is reasonable to assume that City
Finance Department employees were looking only at the cubic feet of water used, as
compared to the rate structure, and that the employees did not have any reason to look
at the overall billing because the Finance Department had no reason to believe Baculis
Park was on City sanitary sewer.
19, Under Iowa law, knowledge of one department or office of the City is imputed to the City
as an entity. This means that the knowledge of one department is deemed to be known
by the other, whether the employees have actual knowledge or not. This law on
"imputed knowledge" within a corporation may seem unfair, but it is fairly clear under
Iowa law.
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20. As a result of the above knowledge and documentation, I must conclude that the City
was not unaware of the fact that Baculis Park was receiving sanitary sewer services.
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21. Applying the law of "inquiry notice" to these facts, both Baculis and the City were put
on "inquiry notice" several times in the recent past, to seek additional information -
which would have lead to the discovery that Baculis Park was receiving sanitary sewer
services, but was not being billed for them and was not paying for those services,
Additional inquiry would have led to the City Clerk's Office; and if city employees
believed the Baculis Park was still on septic tanks, further inquiry on the part of the city
might have lead to the Johnson County Health Department, where records on septic
tanks are kept. Such county records clearly revealed Baculis Park was on "municipal
sewer" since an inspection dated November 1973.
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22. Based on all these facts and circumstances, it Is not reasonable to conclude that Baculis
was trying to conceal the fact that the Baculis Park was receiving sanitary sewer
services. Rather, records in the City Clerk's Office show that City knew, or had reason
to know as a single governmental entity, that Baculis Park was indeed receiving City
sanitary sewer services since 1972 or 1973.
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23. It is unclear if an Iowa Court would impose a higher duty of inquiry on the property
owner (Baculis Park) or on the City. There are no Iowa cases that deal with the facts
presented here.
24, Dave Baculis acknowledges the Baculis Park received sanitary sewer services during
all these 22 years, but states he did not know he was not paying for those services, and
further requests the City treat him like any other customer where a long-time error is
discovered - namely he requests to pay half of the amount, or approximately $42,000,
Leaal Summary
25. A 1975 City ordinance establishing sanitary sewer rates required every person who was
connected "or may be connected to the Sanitary Sewer System of the City of Iowa City
shall pay to the city...at the same time payment for city water service is made an
additional sum equivalent to 50% of each such water bill." Ordinance No, 75-2774.
Similarly, current city code requires every user of wastewater services to pay for those
services, ~33-40,12, Code of Ordinances.
26. Baculis Park is obligated to pay for sanitary sewer services received from Fall 1973 to
the present. Sanitary sewer bills are based on water use; and since city records only
go back to 1981, the City can calculate back to 1981 only, for collection purposes.
27. There is no evidence of criminal fraud or theft of utilities in the facts presented to us.
Indeed, ~714.1(7) Code of Iowa (1993) deals only with theft of water as a public utility,
and does not deal with sanitary sewer services.
28. I find no evidence of common law fraud, based on this record. Common law fraud
requires the proof of the following elements:
material misrepresentation,
made knowingly,
with intent to induce the City to act or refrain from acting,
upon which the City justifiably relied,
and City suffered damages.
Air Host Cedar Rapids. Inc. vs. Cedar Rapids Airport Commission, 464 N.W,2d
450 (Iowa 1990).
Since Baculis Park made no attempt to keep the connection secret, as revealed in the
City Clerk's Office and the Johnson County Health Department records, there is no
evidence of common law fraud based on the above facts.
29. Iowa law provides cities with a special method for collection of unpaid city utilities, which
is to certify the amount of the charge to the County as a statutory lien, which will then
be collected as a property tax, ~384.84, Code of Iowa (1993).
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30, Once the City Council certifies an unpaid utility charge to the County, the unpaid
charges become a charge or obligation on the land itself, regardless of ownership,
31. Iowa law provides that such a statutory utility lien arises and attaches the "instant"
services are received. Attorney General opinion 9/13/79, No. 79-9-10, The fact that the
lien arises simply by virtue of a city ordinance does not affect the validity of the lien, .!.Q,
32. The statutory lien for unpaid city utility services has no durational limitation, which
means it exists from the instant services are received, until paid in cash, or a tax
payment, .!.Q,
33. Iowa law also provides that the debt or obligation underlying a statutory utility lien is
independent of the lien, and continues as a debt of the owner (as opposed to the
land). AG opinion, 4/9/93, No. 93-4-4(L). This means the City can still proceed to collect
the debt against the owners of Baculis Park, as opposed to collecting against the land.
34. If we treat the $114,000 unpaid billings as an unwritten or implied contract (as Baculis'
attorney argues), then the City is limited to going back only five years (to Fall 1987),
based on a five year statute of limitations, 9614.1(4), Code,
35. An implied contract would have to based on some "meeting of the minds" to agree to
provide services without payment - which is certainly not the case here. Even if we
assume the City agreed to provide services, and Baculis agreed to pay for the services,
we are still left with a "mutual mistake" - which negates any unwritten or implied
contract.
I must conclude the five year statute of limitations does not apply.
36. Rather, the sanitary sewer service is more like an "open and continuous account,"
based on water usage, There is no statute of limitations for an open and continuous
account, so long as the account is continuous, 9614,5, Code,
There is no evidence Baculis Park ever discontinued their water account, or ever
discontinued receiving sanitary sewer services - so I conclude no statute of limitations
bars recovery of the full $114,000 as an "open account."
37. The Iowa case which Baculis' attorney relies on is entirely inapposite and not controlling,
The case of Citizens Bank v, City of Spencer, 126 Iowa 101 (Iowa 1904) deals with a
contractor who was unfortunate enough to contract to build a sanitary sewer system for
a city who had exceeded their constitutional debt limitations. When the city gave the
assessment certificates to the contractor, as payment for the sanitary sewer system, the
property owners refused to pay. In this case the Iowa Supreme Court said 'too bad' -
the contractor is presumed under Iowa law to know the City could not enter into a
contract, because the City exceeded its constitutional debt limit. This means that the
contract was null and void from the beginning, which means it did not exist under law.
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This Spencer case has nothing to tell us about the facts before us, and I conclude the
case is not controlling. I c1eariy disagree with Jim Martinek, Baculis' attorney.
38. There is no Iowa case law on the facts presented to us. However, one Iowa case
dealing with a private utility is somewhat analogous, and may be helpful.
In Interstate Power v. Waukon Manor. Inc., 447 N.W.2d 574 (Iowa App. 1989), a state
statute imposed a 6-month limit on the power company's ability to collect for past billing
errors. When the power company discovered an 8-year error in a miscalculated billing,
the company attempted to collect the entire amount - citing another state statute which
said the power company could not discriminate against its customers. The power
company read this last statute to mean it was obligated to collect the full back-billing
error, Interstate Power, at 575.
The Iowa Supreme Court concluded that the power company was not strictly liable or
obligated to collect the rates and recover the unpaid billing. In so concluding, the Court
applied a balancing test of reasonableness, balancing the following factors:
1. The reason for the delay in billing;
2. The time of the billing/delay (in this case it was eight years);
3. The possible harm to the power company system, as well as harm to the
customer.
Even though the Iowa Court's conclusion was based on statute, the Court's reasoning
may be instructive to us here, as to how an Iowa Court might view our factual and legal
dilemma:
"In this case the underbilling occurred over a period of eight years
and could possibly subject the appellant [customer] to charges of
over $32,000. This type of delay and possible harm could
very well be unreasonable within the meaning of the statute."
Interstate Power. at 575 (emphasis added).
39. As a final note, Dave Baculis claims unfair treatment, based on the fact that the City
paid for individual water meters to be installed at one Iowa City mobile home park, but
refused to do so for Baculis Park in the early 1970s. I confirmed this to be true - no
doubt due to different fiscal and political climates.
Conclusion
40. The City has the right to collect the full amount of the unpaid sanitary sewer service
fees going back to 1981 (which is when city records begin for this property). The City
Council may therefore certify the full amount of the unpaid charges to the County, which
then becomes a statutory lien and encumbrance on the land,
41. The City Council may pursue the full amount of the debt owed against the Baculis Park
owners (as opposed to a lien against the land), by filing an action In District Court.
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42. The City Council may apply the balancing test used in the Interstate Power case cited
above, balancing the equities between the city and the customer by considering length
of delays (22 years) reason for the delay (mutual mistake or unverifiable claims against
Baculis), harm to the user ($114,000), and harm to the overall city sanitary sewer
system and its rate structure (negligible).
43. Iowa law on "inquiry notice" may fall equally on both Baculis Park and the City's
shoulders. In such case, the "reasonable" standard might lead the Council to apply the
standard Finance Department policy, which would be collecting only one-half of the
mistaken, erroneous billing.
44. Finally, since it is clear Dave Baculis did not attempt to hide the fact his Park was ' :.1
receiving sanitary sewer service, and since knowledge of one city office or department
Is imputed to the city as a whole, it will be difficult to claim in a court of law that the City I ' ,
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"had no knowledge" that the Baculis Park was receiving sanitary sewer services. i " , I
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Rather, it may be reasonable for the Council to conclude that a mutual mistake of fact
.. was made, on both sides, and that the mistake was clerical in nature, and that the
. ~ ~ standard city policy should apply.
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,,' 45. The decision is clearly yours, but you might balance the time expended on pursuing the
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" amount of this unpaid claim, as against other demands and needs of the city. 0
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j Preventive Lawverina: Recommendations ,
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! In reviewing these facts, and in helping me sort through the numerous engineering records,
I Chucl< Schmadeke, Public Works Director, and I make the following recommendations which
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should eliminate, or at least minimize, this type of problem in the future:
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r~ 1. Public Works should annually get a notice of all locations or accounts billing for water
only from the Finance Department.
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'\ 2. The computer/billing system should be set up with an automatic signal, to flag where
~ there is a potential error in billing, for example for certain cubic feet of water used, over ,
I' time or on average,
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I ~ 3. The City should take an overall policy review of mobile home parks, and consider
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treating all mobile home parks fairly regarding water mains and Individually-metered
water meters. This may result in some financial burden to the City, but the City should ' , '
consider non-discriminatory treatment of all parks. ' '
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I trust this will be of some assistance to you, and you will be getting my more detailed memo,
under separate cover. Please do not hesitate to contact me if you have any questions.
Attachment
cc: Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Marian Karr, City Clerk
Don Yucuis, Finance Director
Diana Donahue, Customer Service Supervisor
Anne Burnside, First Assistant City Attomey
Chuck Schmadeke, Public Works Director
Doug Boothroy, H&IS Director
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IOWA STATE DEPARTMENT OF HEALTH :
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Environmental Engineering Service
MOBILE HOME PARK INSPECTION REPORT
NAME AND ADDRESS OF PARK:] Oh AI .5011/ <;
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NA!IE AND ADDRESS OF OWNER (JAII, d f} .
NAME OF PERSON IN CHARGE ');!JV\'1e..
NUMBER OF INDEPENDENT MDBILE HOME SPACES g fa
NUMBER OF DEPENDENT MOBILE HOME SPACES )It')/1/e~
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NUMBER OF INDEPENDENT MOBILE HOliES PARKED l? b
NUMBER OF DEPENDENT MOBILE HOMES PARKED )JaAlf
Note:1 vllNOICATES SATISFACTORY COMPLIANCE IXIINOICATES NON.COMPLIANCE 1.1 INOICATES ITEMOOESNOT APPLY
SUPERVISION
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Permanent register main tained. . . . . . . . . .. . .. . . . . . . . . . . .. (~
Number of guests registered...,......,..,....,.......,'~
TOilET AND WASNING FACiliTIES
Co..unit] Building: AI
Adequ.te ventilation.... ..,,,....................... .Q~ )
Lighting for gener.l seeing t.sks equiv.lent to 5 foot-
c.ndles, .. .. .. .. .. .. .. .. .. .. .. , .. , .. . .. . . .. , .. . .. '" ( )
Windows and doors screened.................. ....... .... ( )
W.shable w.lls.........,....... .................... .... ( )
Floors of impervious materi.l..............,........... ( )
Proper floor drains....... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ( )
Separ.te toilet facilities for men and women..,........ ( r
Slop sink.............................................. ( )
Laundry facilities, if provided, located in. room sep-
.r.te from the toilet rooms.................,....,.. ( )
No, of w.ter closets: MEN_........,............, ( )
WOMEN _
.............................. ( )
...................... ( )
................ ( )
( )
( )
( )
( )
( )
No, of urin.ls: MEN
No. of l.vatories:
~EN_
WOMEN _
No. of b.thtubs or showers: MEN______
WOMEN______
W.ter closets located in sep.rate compartments.,....,.,
Bathtubs or showers located in sep.rate compart-
men ts. . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Hot water supplied for bathing purposes."..,.,...."..
Floors, walls, and fixtures clean......................
No common drinking cups or roller towels...............
WATER SUPPLY
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SOURCE: Munici pal. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. {',/
Private................................... .... ( I)
WELLS: Drilled....................................... (.)
Driven............ ............................ (,)
Dug........ ................................... (.)
Bored...... ........... ....... ............ ..... (,)
Well properly located in accordance with Section 7.2 of
regulations. . .... ... .. ....... .... . ....... . .......... (,)
If not, give distances and sources of pollution
Well properly constructed.............................. (,)
Storage tanks protected against cont.mination.......... ( ,)
Reco..endotion, and Re.ark,:
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CP,43TIO 2/66
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INSERT NU~.ER
WATER SUPPLY ICont'd)
Drinking fountain properly constructed................ (0)
:;s~~rf~~~~:~:~!;::~ ~!:i:~~:;:;;:: :::: ::::::: ::::::::: \ t !,
Water samples collected..............................._
SEWAGE DISPOSJl,
Municipal sewer. .g,OJII/1" 0.1.'.. ,(,.T.'y... SClt:J.t;...... '
Private system................................. .... ...
Kind of.l',ri.!ate sys.Jiem ')~p71'- -r~AI k
{;11,~Q ~ed
System operating satisfactorily. II....................
No, of privies: MEN_
WOMEN_............ ..............
Privies properly constructed and maintained..",.,.,..
Leaching pits or subsurface absorption field at least
25 feet from any stream or open ditch..............
Le.kproof flexible sewer connector provided for each
independent mobile home properly connected.,..,.,..
Sewer outlets capped on unoccupied spaces.............
REFUSE DISPOSAL
All refuse stored in approved containers,. ...,.,...,..
Sulficien t storage provided.. . . . II . . . . . . . . .. . . . . .. . . ..
COntainers clean and in good repair...................
Refuse collected at least once a week.................
Combustible ref~se hurned in properly located and con-
structed incinerator...............................
Non-combustible refuse buried or transported to a
municipal, county, pri yate or other similar dis-
posal plant................. ..,....................
All refuse buried or transported to a municipal,
county, private or other similar disposal plant....
OTNER REQUIREMENTS
Light~ng iQ the par~--at least one ~5 watt b~lb !oca-
ted at 100 foot lntervals or equlvalent llghtlng...
All fires made in stoves or other equipment provided
for that purpose.....,... ... ................... ...,
E.ch mobile home space at least eight feet wide" than
the mobile home...... ........,........... t. t.... ...
Proper area and spacing of mobile homes provided......
Park provided with .atisfactory surface drain.ge......
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I 'ATE DEPARTMENT OF HE/'''TH
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ROBERT LUCAS BUILDING
DES MOINES, IOWA 50319
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APPLICATION FOR RENEWAL OF LICENSE TO OPERATE A MOBILE HOME PARK
It is agreed that the Mohile Home Park will be operated and maintained in accordance with the provisions of Cbapter 1350,
Code of Iowa, and the Rules and Regulations promulgated by the State Department of Health,
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Name of Applicant NiJV PI _ 0 R _ LLl ~ c.:ro~ Mlailing Address J 1..:1 b 5.1\ i V IE R SiD f P{f.
(NUMBER AND NAME OF STREET. OR R.F.O. NO
1,1 C. . d Zip Present or J
City vWPt 'I~ State D'NA code5ll.~,01astoccupationOWNG'R~(')t'ER,q-r{)~
J'{)IH(SONSI,^OBiL~ 1~I1MtrrAR.1< ell..'l{,.b.~iI/ER.siDUW QVVA ,'j'
(NIME OF PIRK) (NO, & NIME OF STREET. OR R,F.O. NO,) (TOWN OR CIIl
Park Location: I] Municipal
Months park will operatel:l-
o Rurnl County of IT 0 }.l t>,1 S 6 ^I
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The license fee of $ .;J..b , dollars is Bttached hereto.
LEGAL DESCRIPTION OF
IIOBILE HOME PARK:
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DAT~~ I o. 19 7 t
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INFORMATION REGARDING FACILITIES
Number of Independent Mobile ~e Spaces.... ...., .. , ... ....
Width and Length of smallest Independent Mobile Home Space.
Number of Dependent Mobile Home Spaces....".,. ..........,.
Width and Length of smallest Dependent Mobile Home Space...
Number and"Size.'of Lights in Park............. . ,...........
Number and~ze"~f Li~~n Men's and Women's Rooms.......
,; I "j '1 >,
Number of Lavatories..!,,:,....... .,;. ..~~,..................
, , '\:./ " .~ "....
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Number of'Water Closet&'...:...... :'; ,..' " :l' .,................
'0"',' ('''':I>i./ ,;I '/ .;;-~..
Number of Urinals.,. '.:Y.. ,,;';...., .,0/,,' ,i,.... . ../.. '," ,.... .... .
',~:--,? 'I. /.' .\,/'1'
Number of Privies ....,.<. .. ""', \.. 1" ...,... :'.4:/ 'Y . .. . ... ,
Number of Showers or Bathtubs-/~,./...... ,,:.,'i~:'.. ,:.... .....
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Number of Slop Sinks.... .. .. .. . . .. .. . . :, .. : .;,,,. . . .. . , . . , .. .
mSCELLANEOUS ,:,.",,~)
Source of water supply (MuniCipal or Private)..............
Method of sewage disposal (Municipal or Private).....,.....
Method of garbage disposal (Municipal or Private)..... .....
SIGNED
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Certification:
I hereby certify that the maintenance and operation of this mobile home parA has been brought to our allention,
and the maintenance and operation thereof is in accordance with local ordinances. codes, and other regulatory
measures. and that this action haS been ente~ed in the records. ~ / /;'~, /--I:-77;J... ,
Date /(~ 0//7./ Signature of Town or City Clerk ~ ~
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DO NOT WRITE IN TillS SPACE
S R II D 5 OCT 1 9 1972
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CP,36733
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fATE DEPARTMENT OF HEt'.TH
(
STATE OFFICE BUI!.DING
DES MOINES, lOW A 50319
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APPLICATION FOR RENEWAL OF LICENSE TO OPERATE A MOBILE HOME PARK
It is agreed that the Mobile Home Park will be operated and maintained in accordance with the provisions of Chapter 1350,
Code of Iowa, and the Rules and Regulations promulgated by the state Department of Health.
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Name of Applicant ,{{" . "< 4 1'1 ' rl'1...... ,1/ /1;...(" ailing Address" "~" ,i-l/ b<
..." .. I' '1" N ee:R NO AM OF STREET I OR R.
I . ,:::... J Zip Present or
, " , , state i.c.....~.,rti..- Code last occupation
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(NUMBER AND NAME OF 5'TREET, OR R.F.Dr
1&,/.,y: o~ f'd/
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dollars is attached hereto.
City
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Located at
Na~., f1tl'.!!~_
tar or
In the city of
County of
Months park will operate
The license fee of $
{NAME MONTHS OF YEARI
LEGAL DESCRIPTION OF
MOBILE !I01lE PARK:
INFORMATION REGARDING FACILITIES
Number of Independent Mobile Home Spaces...............,..
Width and Length of smallest Independent Mobile Home Space
Number of Dependent Mobile Home ~,c cee~s..........,.........
Width and Length of smallest DePln~ Mobile !Iome Space,.
Number and Size of Light i~rl~....................,
Number and Size of Li t ~ Mr' s and Women's Rnoms ,. . . . .
Number of Water Closet ..................,................
Numher of 'Urinals.. ... .. , , .. ......." ... ,... . . .. . .. .......
Numher of Privies..... .. .. .. .. . .. .. .. .. . .. , .. .. . . .. , . .. .. .
Number of Showers or Bathtubs.,.....",....,...,..........
Number of Slop Sinks........................,.............
mSCELLANEOUS
Source of wator supply (Municipal or Private).... .. .. .. .. .
Method of sewage disposal (Municipal or Private),.........
Method of garbage disposal (Municipal or Private).........
DATE
SIGNED
.0. NO
EXISTING FACILITIES
":l/,
MEN r WOMEN
.
.
.
(SIGNATURE OF APPLICANT)
Certification of Local Board of !Iealth:
I hereby certify that the maintenance and operation of this mobile home park has been brought to our attention, and
the maintenance and operotion thereof is in accordance .ith local ordinances, code, an ther regulatory measures,
and that this action has been enterea in the records.
Nama of Local Board of Health
Date
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Sigaatur
DO NOT WRITE IN TillS SPACE
S R M D 5 L- /). i
DfJEC 3 1 1973
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IOWA STATE DEPARTMENT OF HEALTH ': -"
Environmental Engineering Service
MOBILE HOME PARK INSPECTION REPORT
NAME AND ADDRESS OF PARK .:sJNSc"/ rn. H. P :X:;;w14 (!, -it . ]A
NAME AND ADDRESS OF OWNER Dt7V)'d It. DR. Klq~e.N k, AI9c.u\,~
519me..
NAME OF PERSON IN CHARGE
NUMBER OF INDEPENDENT MOBILE HOME SPACES
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NUMBER OF DEPENDENT MOBILE HOME SPACES
COUNTY .:Jb~ '" Sol{
olll)'j S. t?vC'fIS,de OR,
NUMBER OF INDEPENDENT MOBILE HOMES PARKED
,~ 1b
G1
NUMBER OF DEPENDENT MOBILE HOMES PARKED
Nol<:lo/IINDICATES SATISFACTORY COMPLIANCE IXIINDICATES NDN,COMPLIANCE 1,1 INDICATES ITEM DOES NOT APPLY
SUPERVISION
Permanent register maintained.......................... f/~
Number of guests registered.........................,.~
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,
"
TOilET AND WASHING FACiliTIES
Co..unity Building:
Adequate ventilation. ......... ............ to 0.........0. ( )
Lighting for gener.l seeing t.sks equivalent to 5 foot-
candles.. to... to.... II to. .,t ,............... I" '.. It ( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
( )
"
Windows and doors screened.............................
Washable walls......... of' '0' to. to.. It........ It. II....
Floors of impervious material...... ... . .,. .. ... .. ..... .
Proper floor drains.................... . . . . . . . . . . . . . . . .
Sep.r.te toilet f.cilities for men and women"...,.....
Slop sink... t. .t.. It t... It.. to. of.. ..... .... 10..... ....
Laundry facilities, if provided, loc.ted in. room .ep-
arate from the toilet rooms.........................
No. of w.ter closets: MEN______
WOMEN _..... ...... ...... .....
No. of urin.ls: MEN
No, of l.v.tories:
..............................
MEN_
......................
WOMEN_
No. of b.thtubs or showers: ME"-----.
................
WOMEN______
W.ter closets loc.ted in sep.r.te comp.rtments,.".....
Bathtubs or showers loc.ted in sep.r.te comp.rt-
men ts. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . "
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Hot w.ter supplied for b.thing purposes,.,..."...,..,.
Floors, wn 11s I and fixtures clean......................
No common drinking cups or roller towels...............
WATER SUPPLY
SOURCE: Municipal..................................... (~
Pri va te. . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . ... ( )
WELLS: Drilled....................................... ( )
Driven........................................ ( )
Dug........................................... ( )
Bored......................................... ( )
Well properly loc.ted in .ceordance with Section 7.2 of
. regulations......................... ..'..:.... ...... ( )
If not, give distances .nd sources of pollution
I
),
Well properly constructed................... to. .,. to...
Storage tanks protected against contamination..........
R,co..,ndations and R,.arks:
PERSON INTERVIEWED.~r+VI ~
BAGV liS
DATE. 11,).72
INSPECTED
CP.43710 2/66
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INSERT NUM.ER
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WATER SUPPLY (Cont'd)
Drinking fount.in properly constructed.,...,..,..,.... ( )
No ~~p~ii~~~~~~:~?~~.~~:~~~~,~~:~.~~~.~~~~:~.~~::~.,.. (~
Distribution system s.tisfactory," " " ""","" "" ( )
Water samples collected....... ... '" ......... .........-
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SEWAGE DISPOSAL
Municipal sewer....... I............. ............... ...
Private system................. .......................
Kind of priv.te system
SystClll oper.ting s.tisfactorily."""""""""",. (
No, of privies: MEN_ (
WOMEN _' ....... .. .......... ......
Privies properly constructed and maintained........... (
Le.ching pits or subsurf.ce .bsorption field .t least
25 feet from any stre.m or open ditch""""""" ( )
Le.kproof flexible sewer connector provided for e.ch
independent mobile home prorerly connected...."...~)
Sewer outlets c.pped on unoccupied sp.ces,,,,,,,,,,,.. (0
REFUSE DISPOSAL
All refuse stored in approved containers..............
Sufficient storage provided.... ...... I................
Containers cleon and in good repair...................
Refuse collected at least once a week.................
Combustible ~ef~se burned in properly loc.ted and con-
structed IncInerator..... ... ..... .... ..............
Non-combustible refuse buried or transported to a
municip.l, county, priv.te or other simil.r dis-
posal plant.... ........ ..... .......... ... ...... ....
All refuse buried or tr.nsported to . municip.l,
county, priv.te or other simil.r dispos.l pl.nt..:,
OTHER REQUIREMENTS
Light~ng iUotohe p.r~...t h.st one ~5 w.tt b~lb loc.- ('~)
ted .t! foot lnterv.ls or equlV.lent hghtlng... V'I
All fires m.de in stoves or other equipment proYided
for that purpose................................... ( )
E.ch mobile ho~e space at le.st eight feet wide. than ,~
the mobile home...... ....... .... ................... VV-))
Proper are. and sp.cing of mobile homes proYided......
P.rk proYided with s.tisf.ctory surf.ce dr.in.ge,.,... V)
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Dote Auqus t 31, 1,972 ;0
. ," it lti n;rrc~d th.\t the work to be done will be in nccordnnce with the requirements of Chapter 1350, Code of :io'lia, 10G6, and tilt) i\u~cS and
, P.o.uiations promui.ated by the State Department of Health. " ;
David A, Bacul is 'I il'Add 2128 South Riverside Drive
. a 109 ross
Mobile Home ?ark ~anaqer
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101m Statu Uu,lartmunt or Health
Roburt I.ucas Blli Iding
Uos ~loines. Iowa
A?PLICATION FOR A PERMIT TO CO~STRUCT, RECONSTRUCT, OR R~Y.0GEL
A MOBILE HOME ?ARX
~u~e of Ap~licant
"
City 1 O~/a City State Iowa 52240 Present ~X~'Xoccupation
JOHNSON MOBILE HOME PARK 2128 South Riverside Drive Iowa City, Iowa 52240
(hAMo OF MOilLE HOME PARR) (HO. & IIlME 01 STREET. OR R.f.O. 110) (H',III OR OilY)
?,;rk Location: ' ' [j Municipal or , , ,0 Rural County of Johnson
Lob.l description of mobile home park: Part of Lot 2, Paden s resubdivis ion of Lot 1 and Lot 4 Ch~rle~"
Subdivision of the Southwest quarter of Section 22-79-6 of the Fifth pj"incipal'~:e:-idian,
',:
Iowa City. Johnson County, Iowa,
I PnOPOSEC FACILITIES
,
I 51
.
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i 8 - 175 Hatt
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MElI WOMEN
I Not ap~licable
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I Hot applicable
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I Not applicable
Not aDolicable
, .
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, Not applicable
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Not applicable
.
Not C:PD] icable ,
I Nunicipal ,
I" l';lIni cipa 1
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INFOR~AiIOil REGAROlilG FACILlilES
r:XISiING ,AC:LliIES 'I
,"". .Number of Independent Mobile Home S?aces.................t..
.... ..Width nnd Length of <allest Independent Mobile Ilome S?"co..
85
35 X 90
NQrt:
t "'"1 .Number 0% Dependent Mobile Honle Spaces.. I.... "," .... "' .. . ....
,.... .Width and Length of Smallest Dupendent ~:oDile Ilome Space....
Non~
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Not arml iCDole
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Not "prl' ..~l,
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Not a!')?l icable
Not Dppii c.:::) !e_ '.
,t.. ..Number and Size of Lights in Park..."." H. lit.." II'" "..
"'IO.Number ond Size of Lights in Men's anu Women's Rooms........
.,... .Number of Lnvntories.., i.... .... I""" ...... ..,. .,.. I..... J
II" I' Number of Water Closets....... .. .,'. .. I .... ...,....... .. I 1.1 .
1'1" . Number of Urinals.. .. "1""" . .... I .. . I"" .. . .. I.. .. , ... ..
Not c:,),,1 iCDble
N t - ..".. -' 1..
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Not a9')1 icable
I" ".Number of Privies"'I"I' "1""" ,1.11......t. .11..........
11.1 'INumber of Showers or Bathtubs. .. II" I."...,.t.... It.'" . II.
Private
.. ,.. .Number of Slop Sinks 1.1. ... . I . . .1. I ". I . I I' 'I... 1'1" I 1'11'1
I'll SCELLlilEOUS I
'1"IISOurce of water supply (~~nicipal or Private)I'."'I'.."".
r .. .. ..~Iethod of sewage disposa 1 (Mun icipa I or Private)".."",,,.1
I.......~.'"thed of garbage disposal (Municipal or~l'riva,i~).''''''''''! PI"i'lCl'" -.-
./I.~, J;.I.i[ ,!j' " II.
Sib1led. \: ,1('..'V.....t) {'j. ,,':\'\.10..(.\0'
31, 1972 (SIGhATUR, of APPLICAN1'1
David A. Baculis
\1 " 1
I unlCipa.
Hunicipc:l
D"~P. Auqlls t
Curti i'ical,iulI:
ll"'rcby certify lhal th. con,truction, reconstruction. or remodeling propo,wl in this oN,licotion ha,~ /""',1 IJron::hl :" "
ntt,mtion and the proposed work is in accordance with local ordinances, codes. and olher r"nlllalory Ilda"nr,:". lWei :il"~ ,:
"ction has been entered on ti,e records. ;J' "/,' ;:. l.;.=,..'
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Slgnnture of-To.n-o~'City Clork ' ,I. ':1. , .,-,: ' '.
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NRme of Looul an~rd of Health r _ / ",:,i,. A .... f:~.",<~
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RESOLU\nON NO, 94-222
I
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RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOY.
EES, LOCAL #183, AFL.CIO, TO BE EFFECTIVE JULY 1, 1994, THROUGH
JUNE 30,1996.
WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board
of Trustees and the American Federation of State, County and Municipal Employees, Local
#183, AFL-CIO, (hereinafter the Union), through their designated bargaining representatives,
have negotiated a collective bargaining agreement to be effective July 1, 1994, through June
30, 1996, a copy of which Agreement is attached to this resolution and by this reference made
a part hereof, and
WHEREAS, the City desires to approve the Agreement, finding that it will promote efficient
municipal operations, thereby providing residents of the community with municipal services.
" .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The above-referenced Agreement between the City and the Union is hereby approved
by the City.
2.
The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the
Agreement.
,
"
Passed and approved this 14th
day of
, 1994.
June
\ .'
~t41~. .JJ~lS
IV1AYOR "-
Ap oved b
" ~
ATTEST: ~ 1! ~~
CI CLERK '
! .!.
It was moved by Nnvi ~k and seconded by Kuhhy
be adopted, and upon roll call there were:
the Resolution
AYES:
NAYS:
ABSENT:
11
11
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
afscme,res
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B
AGREEMENT BETWEEN
CITY OF IOWA CITY
,
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C~;oFIOWA CITY ~
{ Mtb, Iowa City
'W Public Library
IOWA CITY LIBRARY BOARD OF TRUSTEES I
I
AND
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i(f':\ THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES
~ I LOCAL #183, AFL-CIO
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I ~:; , JULY I, 1994
~ JUNE ~~. 1996
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TABLE OF CONTENTS
PAGE
PREAMBLE .,.,.............,..,..........,.....,.,."......,.......... 1
ARTICLE I __ RECOGNITION .....,...,..,....,.....,.,.............,....... 2
ARTICLE II -_ MANAGEMENT RIGHTS .,...,......,..........."............ 2
ARTICLE III .. NO STRIKE - NO LOCKOUT .................. '. . .. . . , . . . . . . . . .. 3
ARTICLE IV -- BULLETIN BOARD ...............,.,.....,.......,.......... 3
ARTICLE V -- BUSINESS AGENTS ,...,..,...,..,......,.......,......,..... 3
ARTICLE VI .. DUES CHECK OFF ...,.,...........,........................ 4
ARTICLE VII -- HOURS OF WORK ,...,......,..,......,....,.........".... 4
ARTICLE VIII -- OVERTIME "....,...,................".......,.......... 7
ARTICLE IX __ HOLIDAYS ...................................,.........., 10
ARTICLE X __ VACATIONS ......,....,...,...........,.........,......... 11
ARTICLE XI -- SICK LEAVE ,...",..,..,...............,.."............, 12
ARTICLE XII -- SPECIAL LEAVES ,...,.......................".........., 14
ARTICLE XIII -- SENIORITY ........".........,.....................,.... 17
ARTICLE XIV -- DISCIPLINE ',..,...............,.............,...,....... 20
ARTICLE XV --INSURANCE... . . . . .. . . . . . , . . . . . . . , . ., , . . . . . . . . . , , . , . . . . .. 21
ARTICLE XVI -- SAFETY .........,......,........................"..... 22
ARTICLE XVII -. PERSONNEL TRANSACTIONS .....,.....,............".... 23
ARTICLE XVIII -- CLOTHING AND EQUIPMENT ....,........................, 23
ARTICLE XIX -- RECOVERY AND REHABILITATION PROGRAM...........:..... 24
ARTICLE XX -- GRIEVANCE PROCEDURE ...........,...................... 24
ARTICLE XXI -- PAY PLAN .....,.........,................".....,......, 27
ARTICLE XXII -- AUTHORIZED REPRESENTATION, ENTIRE
AGREEMENT, AND WAIVER ............,............... 28
ARTICLE XXIII -- GENERAL CONDITIONS ................................,' 29
ARTICLE XXIV.- DURATION OF AGREEMENT ..........,...,..........,.... 29
ARTICLE XXV .. SAVINGS CLAUSE, ..,................,.................., 29
APPENDICES
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AGREEMENT WITH THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF
TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183
PREAMBLE
This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library
Board ofTrustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless
otherwise stated, the word "City" will refer to the City and to the Library Board and the employee
organization will be called "Union". Throughout this Agreement members of the bargaining unit are
referred to as "employees".
It is the purpose of this Agreement to promote and ensure hannonious cooperation and
understanding between the City arid the Union to ensure collective bargaining under the laws of the
State ofIowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City
and the Union to establish salaries and tenns of employment consistent with the availability of public
funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their
cooperation to work together in the public interest to provide improvement in the effectiveness and
efficiency of the services offered to the citizens of Iowa City.
The parties agree to the following specific provisions:
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ARTICLE I
RECOGNITION
Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public
Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City ofIowa City
employees except those specifically excluded in Section 3 of this Article. This certification is based
on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February
2,1976.
Section 2. The Iowa City Library Board ofTrustees recognizes the Johnson County Area Public
Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public
Library Employees except those specifically excluded in Section 3 of this Article, This certification
is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on
February 9, 1976.
Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and
temporary employees and others who are excluded from the laws relating to collective bargaining in
Chapter 20 of the current Code of Iowa are excluded from the terms, conditions, or application of this
Agreement.
Section 4, The City agrees that it will not sponsor or promote, financially or otherwise, any
other group or labor organization, for the purpose of undermining the Union; nor will it interfere with,
restrain, coerce or discriminate against any of its employees in connection with their membership in the
Union.
ARTICLE II
MANAGEMENT RIGHTS
Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall
be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of
the State of Iowa and the City's ordinances, These rights, powers, and authority include, but are not
limited to the following:
a. To direct the work of its employees.
b. To develop, implement and enforce work rules, safety standards, performance and
productivity standards.
c. To hire, promote, transfer, assign, classify, schedule and retain employees within the
operation of the City government and to develop and maintain qualifications, standards
and procedures for employment, promotions, and transfers.
d. To discipline, suspend or discharge employees for just cause.
e. To maintain the efficiency of the governmental operation and to determine and maintain
the nature, scope and definition of City organization.
f. To relieve employees from duties because of lack of work, lack of adequate public
financing, or for other legitimate reasons.
g. To determine the amounts, methods, and procedures for compensating employees and
the definition of, necessity for, allocation of, and nature of overtime and ihe method of
compensating overtime.
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h. To determine and implement the methods, means, tools, locations, equipment, and
assignment of personnel by which its operations are to be conducted including but not
limited to the right to contract and subcontract work.
i. To take such actions as may be necessary to carry out its mission.
J. To initiate, prepare, certify and administer its budget.
k, To exercise all powers and duties granted to it by law.
ARTICLE III
NO STRlKE--NO LOCKOUT
Section 1. No Strike, No employee covered by this Agreement shall engage in any strike at
any City facility or at any location in the City where City services are performed during the life and
duration ofthis Agreement. If any strike shall take place, the Union will immediately notify employees
engaging in such activities to cease and desist, and it shall publicly declare that such activity is in
violation of this Agreement and is unauthorized, Employees in the bargaining unit, while acting in the
course of their employment, shall not refuse to cross any picket line established by any labor
organization when called upon to cross such picket line in the line of duty. The City will make
reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any
activity in violation of the Article shall be subject to immediate disciplinary action including discharge
by the City.
Section 2. No Lockout. The City agrees not to lock out employees during the tern! of this
Agreement.
, ARTICLE IV
BULLETIN BOARDS
Section 1. The City shall assign space as currently provided on bulletin boards for the Union
to post notices, a copy of which shall be provided to the Personnel Administrator. Notices shall not
contain political material, libelous material, or material which is injurious to the City or to employees.
Union notices will be limited to designated spaces.
ARTICLE V
BUSINESS AGENTS
Section I. The Union shall have the right to designate agents, not to exceed two (2) persons
at anyone time, who shall have access to City facilities only during regular working hours, for the
purpose of investigating matters relating to the administration of this Agreement.
Section 2. The Union shall notify the Personnel Administrator after making such designation,
Any such investigation will be conducted so as to not interfere with City business and any such agent
will comply with City safety, security and other regulations. Notice will be given to the Department
Director or designee when a business agent enters City property or facilities.
City employees may not spend working time to meet with business agents unless specifically
permitted by another provision of this Agreement.
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ARTICLE VI
DUES CHECK OFF
Section I. The City agrees to deduct Union membership fees and dues once each month from
the pay of those employees who individually authorize in writing that such deductions be made. The
Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter
signed by the President and notarized. Authorization for check off must be received by the 15th of the
month in order to be withheld from the first check of the next month.
Section 2. Dues will be deducted from the first pay check of each calendar month and will be
remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the
deductions have been made.
Section 3. The City will not deduct dues beginning the first of the calendar month after which
an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke
authorization for check off by delivery of written notice to the City. The City will provide a copy of
the notice to the Union. Cancellations received by the 15th of the month will become effective on the
first of the next month.
Section 4. The City will not be liable and will be held blameless for damage arising by virtue
of mistakes in connection with funds collected under the provisions of this Article. The City will not
be responsible for payment of dues, special assessments or any other deduction upon an individual's
default.
ARTICLE VII
HOURS OF WORK
Section I. Definitions.
Temporarv Emplovees - Those who regularly work less than twenty (20) hours per week, regardless
of length of employment; or those who work in a position which is authorized for less than nine (9)
months. When a temporary employee serves greater than nine (9) months averaging twenty (20) or
more hours per week, the parties shall meet and confer as to the status of such employee; provided,
however, such employee shall accrue sick leave, holiday and vacation time (prorated if part time) and
shall accrue seniority for purposes of bidding pursuant to Section 48 of this Article. The parties may
agree to waive the nine month provision in cases involving specially funded employees. Waiver of such
requirement will not be unreasonably withheld.
Casual Emplovees - Persons employed for brief, irregular periods or those who perform work on a
periodic basis.
Seasonal Emplovees - Those who work in positions which relate to regular periodic weather or climate
conditions, or who work in positions which relate to phases of the school year.
Permanent Emplovees - Persons who are appointed to authorized budgeted positions and who have
completed a probationary period upon initial employment with the City.
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Full-Time:
Part-Time:
Those who regularly work forty (40) hours per week.
Those who are assigned to work less than a forty (40) hour week; generally the
assignment will be based on ten (10) hours-per-week increments.
Section 2, Regular Work Week.
A. Definitions - A day will be defined as the time between 12:01 AM, and midnight, twenty-four
(24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight
Saturday. Holidays and paid leaves shall count as hours worked.
B. Pennanent Full-Time - Five Dav Ooerations - The regular work week for pennanent full-time
employees shall begin on Monday and extend through Friday and shall consist of five (5)
consecutive, eight (8) hour days.
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C. Pennanent Full-Time - Continuous Shift Ooerations - (Work is regularly scheduled 24 hours
per day, seven days per week.) The regular work week shall consist of five (5) days of eight
(8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day
off in any week is defined as th~ sixth day and the second day off is defined as the seventh day.
Employees assigned to continuous shift operations may meet and confer with their division
concerning shift scheduling.
D.
Six and Seven Dav Ooerations - The regular work week for pennanent full-time employees
shall consist of five (5) eight (8) hour days for a total of forty (40) hours, For purposes of this
contract the first day off in any week is defined as the sixth day and the second day off is
defined as the seventh day. Employees whose schedules regularly vary from this pattern will
be covered by letter at the time the variation is made, (Example - landfill employees.)
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Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards
within each division. Any penn anent change in the regular work schedules for a division will be posted
at least ten (10) days in advance of the change. '
To the greatest extent possible, temporary adjustments in the work schedule of individuals will
be posted at the beginning of the week. As much notice as possible will be given in the case of
emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance
of pennanent changes in the regular work week and will discuss such changes if requested.
Section 4. Temoorarv and Part-Time Emolovees.
A,
Penn anent part-time employees shall be assigned a regular number of hours per week for the
purpose of detennining the City's benefit contribution. Benefits to pennanent part-time
employees will be prorated on the number of hours to which the employee has been assigned
pursuant to Section 1 of this Article, Occasionally the hours actually worked will vary from
the assigned number. No minimum amount of work is guaranteed to part-time employees. Any
employee whose hours actually worked regularly exceed his/her assigned hours shall be
reassigned hours for the purpose of proration of benefits. An employee may request a
redetennination of his/her assigned hours or proration of benefits through the grievance
procedure. Nothing in this section shall require a pennanent part-time employee to regularly
work more than his/her assigned hours.
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B. Temporarv Emplovees. Temporary, seasonal, and casual employees are not entitled to sick
leave, vacation, insurance benefits, seniority, holidays, use of the grievance procedure, or any
other benefits provided under this agreement, except as provided in Section 1 of this Article.
T~mporary employees may compete for permanent openings with the employer, Their
seniority shall be computed from their last date of hire. However, permanent employees,
regardless of length of service, will be given seniority preference over temporary employees.
C.
Special program employees include those funded by CETA, work study, and similar programs.
Such employees shall be considered as temporary employees. However, employees funded by
CET A will receive benefits for which the City is reimbursed and which are either agreed upon
in writing at the time of employment or at a later date. Special program employees become
eligible to bid upon permanent City positions only if and when their positions are partially or
fully funded by the City. However, permanent employees, regardless of length of service, shall
be given seniority preference over special program employees. The supervisor shall make a
reasonable effort to notify bargaining unit employees of any known special needs or
requirements of special program employees.
D. Current employees will have bidding preference for job vacancies over volunteer helpers and
volunteer time will not count toward seniority.
Section 5. Rest Periods, Except for the transit drivers the City will provided a fifteen (15)
minute rest period at two times during, the regular work day. The location and scheduling will be
determined by the immediate supervisor. The rest period will be scheduled at regular times within the
work day to accommodate staffing needs. Employee preferences will be considered.
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Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty
(30) minutes each day to employees in five day operations. Whenever possible, the lunch period will
be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the
staffing needs of the department with consideration of the preference of employees. In lieu of the two
fifteen (15) minute paid rest periods, full-time bus drivers will be provided a thirty minute lunch break
with pay from Monday through Saturday of each week. Meal breaks will be scheduled near the middle
of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15
minutes remaining on the shift.
Deviations due to special or changed circumstances shall be mutually agreed upon.
Section 7. Clean-up Time. If the nature of work performed requires it, employees will be
allowed a minimum of five (5) minutes for personal clean-up at the end of the work day.
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Section 8. Inclement Weather. Employees are expected to come to work regardless of weather
conditions if they can possibly do so, Employees who appear for work at the scheduled time will be
compensated. Generally, City operations will not be suspended, but may be rescheduled. If work is
to be rescheduled the immediate supervisor will have available information. The employer will take
into consideration the employee's comfort and protection in cases of extreme climatic conditions.
Employees who are unable to get to work or who leave work early because of weather
conditions may do one of the following:
a. Arrange to make up the work with the approval of the immediate supervisor.
b. Charge the time missed to holiday, vacation, compensatory time, or personal leave,
c. Take leave without pay for the time missed.
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Section 9. Travel Time - Transit. [n addition to hours specified on the run sheet, ten minutes
will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose '
relief point is the Transit Interchange, Employees who are not required to retum the bus to the Transit
Facility and who decline to travel to or from the Facility shall not receive this pay.
ARTICLE VIII
OVERT[ME
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Section 1. Overtime. Overtime is work perfonned by a penn anent full or part-time employee
in excess of eight (8) hours ,per day or forty (40) hours per week with the following exception:
Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the
time worked in excess of the regularly scheduled hours per day.
e,g., Landfill employees who work twelve (12) hours per day will receive overtime for time
spent in excess of twelve (12) hours per day or forty (40) hours per week.
Prior authorization from the employee's supervisor is required before overtime work will be
credited. Employees may be periodically required to work overtime but may request not to perfonn
work because of physical inability or serious personal need. Such requests to be excused from
perfonning overtime will not be unreasonably denied.
For pennanent full-time employees, work perfonned on the sixth (6th) or seventh (7th) day of
the work week shall be considered overtime.
There will be no pyramiding of overtime:
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either for the minimal call-in OR the sixth (6th) day premium, not for both sections.
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Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base
hourly rate of the employees or by compensatory time off at the rate of one and one-half (1-1/2) hours
for each hour of overtime worked. Employee prefernnce will detennine whether overtime is paid or
time off given unless departmental staffing needs or financial considerations require employees to be
paid or given time off. The employees may request reasons for the denial of the time off or pay.
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Section 2. Overtime Eaualization.
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To the greatest extent possible, overtime shall be offered to employees equally over a period
of three (3) months, considering the type of work, the qualifications and ability of the individual
employee, the employee's desire to perfonn the overtime service, and the employee's seniority,
The following procedure will generally be used:
The employee with the necessary qualifications and abilities and the least number of
overtime hours in that classification will be first offered such assignment. [n the event
that overtime hours among employees in that classification are equal, seniority shall
prevail. [n the event no qualified employee desires such work, the City shall select the
qualified employee with the least credited overtime honrs for such assignment and if
there are two or more employees with the same number of overtime hours, the
employee with the least seniority shall be thus assigned,
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Employees who refuse overtime work on a particular job will be charged the same
number of hours as employees who actually do the work. Any employee who may be
periodically excused from overtime work for physical disability or serious personal need shall
carry an amount of overtime equal to that of the employee with the highest number of hours.
When the need arises to work overtime to, finish a job, the employees who are
perfonning the work may be offered the overtime first if the work is to be completed. If an
affected employee elects not to work overtime, he/she will be expected to continue until a
replacement is secured.
During emergency situations such as, but not limited to, excessive snow, freezing rain,
wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12)
hours or more in any twenty-four (24) hour period, Work in excess of twelve (12) hours will
be assigned according to the equalization procedure.
The equalization procedure is inapplicable to regularly scheduled overtime in transit.
B.
Distribution of extra hours in the Transit Division. For hours available after the "Extra Board"
hours have been assigned, to the greatest extent possible, extra hours shall be offered to
employees equally over each run pick period. The employer may first offer the hours by
seniority to part-time employees who have worked less than 40 hours that week. After that it
will be offered to employees by seniority if scheduling time allows. For equalization purposes,
employees who refuse extra hours will be charged the same number of hours as were offered.
The City shall maintain and post a list of extra hours worked in the Transit Division.
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C. The City shall maintain and post (at least monthly) in a public place in the work area, a list of
classifications showing overtime hours worked by each employee, and shall keep such list
current with accumulated overtime being credited forward. Overtime accumulation shall
commence on January 1, April I, July I and October I of each year and shall be equalized
quarterly.
Employees who are new to a division shall be credited with the highest number of hours
in their classification. Any deviation from the above process shall be by letter between the City
and the Union.
Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours
immediately after the employee's nonnal work day the City will provide for one of the following:
a. A rest period of one-half hour immediately following the work day; or
b. One additional half.hour of paid compensation at the overtime rate.
This section does not apply if the employee is required to work less than two (2) hours following the
work day.
Section 4. Stand-Bv Time. Employees who are on stand-by time are required to be at a place
designated by them which has access to a phone and from which they may reach the work area
promptly. Employees on stand-by will be compensated as follows:
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Employees of the Street/Sanitation Department who are required to be on stand-by for the
purpose of emergency snow removal will be compensated at a rate often (10) hours at current base pay
rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than
one week increments. Such employees will be furnished a call device, but no vehicle.
Section 5. Reoorting Pav. If an employee reports for work at his/her regular time and place
but is sent home by the supervisor because of an emergency because work cannot be perfonned, such
employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will
make every effort to allow the employee to make up the work at straight time at a different time, where
the nature of work penn its.
Section 6, Minimum Call-ln. An employee who has completed an eight (8) hour work day and
who is called in to work in an emergency situation without prior notice will be paid for a minimum of
two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be
compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is
called in prior to the regular start of his/her working day will be compensated for a minimum of two
(2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight
time will be paid for the overlapping hours in addition to the minimum call-in.
There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called
to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last
call.
Section 7. Professional Emolovees, No overtime will be paid or credit given for overtime work
of professional employees. Generally, assignments will be based on an assumed forty (40) hour week
for full-time professionals and on the assigned number of hours of part-time professionals. Professional
employees will enter all assigned hours worked in excess of their nonnal schedules on their time sheets.
A professional employee may meet with his/her department head at a mutually convenient time and
place to review the hours worked in an attempt to facilitate the provisions of this section consistent with
department practices. However, this clause shall not be construed as a guarantee of compensatory time
or overtime pay.
Section 8. Librarv Overtime. Pennanent employees required to work on Sundays at the Library
will received six (6) hours credit for each four (4) hour shift worked.
Section 9. Calculation of Overtime. Overtime will be recorded on the basis of six (6) minute
segments, and an employee must work an entire segment to be credited with one-tenth (1/1 0) hour for
overtime.
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Section 10. Pavment of Overtime. Payment of authorized overtime will be on succeeding pay
checks.
Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal
year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours
accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this
article.
Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after
1:30 p.m., but before 10:00 p.m. shall receive an additional fifteen cents ($.15) per hour. Employees
who work a scheduled shift which begins at or after 10:00 p.m. but before 1:00 a.m. shall receive an
additional thirty ($.30) per hour.
ARTICLE IX
HOLIDAYS
Section 1. The following days shall be paid holidays for permanent employees: New Year's
Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third
Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day
(first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in
November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day.
Provided, however, that at the time employment begins or terminates, personal leave shall be pro-rated
on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof,
during which the employee is in pay status.
In order to receive holiday credit? an employee must be in pay status the day before and the day
after a holiday.
Section 2, In addition, there shall be granted to permanent employees who do not work a
continuous shift, the day ,before or after Christmas, ill the day before or after New Year's Day as an
additional holiday. The City Manager (or the Library Director for library employees) may I~irect that
employees observe a particular day for this holiday but if the Manager fails to make such designation
by December 15 of the calendar year in question, employees may select a particular day subject to the
approval of the supervisor. If the City Manager or Library Director does not designate a day,
employees may choose a day between December 17 and January 6,
Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of
holiday credit and eight (8) hours of personal leave credit on July I annually. Any continuol's shift
employee who begins work after July 1 of any calendar year will receive credit for the remaining
holiday dates in the year and for personal leave as provided in Section 1 of this Article. If an employee
separates after July 1 of any year, those holidays and personal leave hours which have been credited
but which have not as yet occurred or been earned will be deducted for the purpose of considering
separation pay.
e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The
employee terminates on November 1 and has not used anv holiday hours. He would be paid
sixteen (16) hours of holiday pay (Independence Day and Labor Day).
e.g" Employee B receives eighty-eight (88) hours of holiday credit on July 1, Employee B
terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays
10
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(Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four
(24) hours (40 used less 16 occurring) would be deducted from vacation payor from the last
week's wages.
For the purpose of this Article, a holiday for continuous shift employees (except Police
Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of
twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day
preceding the holiday and continues for twenty-four (24) hours thereafter.
When a holiday occurs on Sunday, the following Monday will be observed. When a holiday
falls on a Saturday, the preceding Friday will be observed.
Section 4. Part-time employees will receive holiday pay and personal leave on a pro-rata basis.
Section 5. Eligible employees who are called in to work on a holiday on which City operations
are not open to the public will be paid at a rate of one and one-half (11h) times for the hours actually
worked and shall also receive regular holiday pay.
Section 6. Permanent full-time employees who are assigned to work on holidays when City
operations to which they are assigned are operating or open to the public will receive twelve (12) hours
of holiday credit during the pay period in which the holiday occurs. Holiday credit will be prorated for
part-time employees. This credit may be used after the holiday occurs but must be taken before the
next succeeding July I. Generally, this section applies to library, transit, parks, recreation, and parking
enforcement employees. Refuse employees will use this system when two holidays occur in the same
week.
Employees may request pay in lieu of holiday credit. The employer's decision to grant or deny
the pay shall not be arbitrary or capricious.
Section 7, Holidays or personal leave days shall not be carried over from one fiscal year to the
next.
Section 8. Definition. "Continuous shift employees" as used in this article indicates those
employees who work in twenty-four (24) hour per day operations and who are subject to assignment
on shifts beginning between 3:00 P.M. and 7:59 A.M.
ARTICLE X
VACATIONS
Section I. Accumulation. Vacations shall be earned by permanent employees by month
according to the following schedule:
Length of Service
Davs Per Pay Month
0-5 years
5 years I day - 10 years
10 years I day. 15 years
15 years 1 day - 20 years
more than 20 years
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Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of
length of service.
The maximum number of hours eligible for carry over after July 1 of any year or for payment upon
tennination shall be one hundred ninety-two (192) hours (24 days).
Section 2. Use of Vacation, An employee becomes eligible to take vacation after he/she has
been on the payroll as a pennanent employee for a period of six (6) continuous months. Scheduling
will be arranged with the supervisor to accommodate staffing needs and employee preferences, Except
in the event of serious personal need by a less senior person, seniority will prevail.
Section 3. Pavment of Accumulation, Upon discharge, resignation or retirement after six (6)
months of continuous service, a pennanent employee is eligible for payment of not more than 192 hours
(24 days) of accumulated vacation leave at the current base rate of pay,
ARTICLE XI
SICK LEAVE
Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month
and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours ( 180 days).
Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any
employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall
commence on the date of first pennanent employment. Additional sick leave will accrue while an
employee is receiving worker's compensation and supplementing those payments with accumulated paid
leave(s).
Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave
at the time of resignation/retirement on the basis of the employee's then current hqurly base salary,
provided that the dollar amount of the payment may be up to but shall not exceed the amount that an
employee would have been due ifhe/she had tenninated on June 28, 1985. Employees hired on or after
June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must
have been employed by the City for at least one year in order to be eligible for payment of accumulated
sick leave upon tennination.
Incentive: Employees who utilize no sick leave in any thirteen consecutive pay periods and who
have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of
the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty-
six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick
leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave
for a total of up to but no more than twelve hours in any 26 consecutive pay periods. The maximum
number of hours eligible for carry over from one fiscal year to the next shall be eight (8) hours.
Section 2. Use of Sick Leave.
a. A day of accumulated sick leave shall be used for each day an employee is sick and off
work during a work week. A doctor's statement regarding nature of illness and
recovery therefrom may be required, if abuse is suspected. Sick leave may be used on
an hour-to-hour basis for doctor's appointments or other health maintenance needs.
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b. In addition to sickness of an employee, sick leave may be used for:
(1) On-the-job injury.
(2) Serious illness or hospital confinement of a spouse or child, or critical illness
of the employee's mother, father, mother-in-law, father-in-law, brother, sister,
or grandparents, as well as any other relatives or member of the immediate
household of the employee up to a maximum of forty (40) hours per occurrence
provided that the employee's presence and efforts are needed.
c. The City may discipline employees for abuse of sick leave.
Section 3. Notification. An' employee shall notify his/her supervisor as soon as reasonably
possible of any sickness or illness which will cause him/her to miss work. Certain emplqyees may be
required to provide such notification prior to the beginning of their work day. In those cases where the
Department or Division requires such prior notification, the City will be responsible for establishing a
method whereby those employees can provide such notification. Unless such notification is given, the
absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave
of absence without pay. Unusual circumstances will be evaluated and may result in charging the
absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before
leaving the area,
Section 4. Sick Leave Bank.
a. Pennanent employees in the bargaining unit may draw from a Sick Leave Bank if they
have exhausted their own sick leave accumulation and are seriously ill. Hours of sick
leave shall be contributed to the bank by bargaining unit members who have reached
the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one
day per month.
b.
Employees who use Sick Bank days will repay the bank at the regular sick leave
accrual schedule after returning to work. Employees who do not return to work or who
fail to accumulate a sufficient amount of sick leave will pay back the Bank from other
accrued leave or in cash.
c.
A joint City-Union committee will administer the use of Sick Bank days by employees.
The committee will be made up of one Union representative, one City representative
and one person chosen by the two representatives. The Bank Administration Committee
will detennine when sick leave may be used, application procedures, the length of time
which any employee may borrow, the length of the waiting period after exhaustion of
sick leave before employees may borrow time, amount of time before which days must
be paid back, and other criteria for using Bank days.
The Committee is charged with maintaining the integrity of the Bank for serious
or catastrophic illness of individuals in the entire units and will develop policies to
protect against abuse by individuals.
d.
The City will contribute thirty (30) days of sick Icave to the Bank October I, 1976, No
individual may use more than ten (10) days during the tenn of this Agreement.
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Section 5. Employees using sick leave who are medically able to perfonn some of the regular
duties of their position while at home (or alternative work site) may, at the request of the employee or
the supervisor, and with the permission of the supervisor, be assigned work to be perfonned at home.
For work perfonned at home, regular pay rather than use of sick leave accrual will be utilized,
and the ratio of sick leave to straight pay will be detennined on a case-by-case basis by the supervisor.
This policy is designed to penn it credit for work perfonned at home by employees using sick
leave, when perfonnance of work at home is advantageous to the City; however, no employee will be
required to perfonn work while on sick leave nor will any employee be guaranteed the right to do so.
Section 6, While an employee is receiving sick leave pay from the City, self-employment for
payor work for another employer for pay is expressly forbidden. A waiver of this provision may be
given if the employee presents evidence from hislher physician to the City that the employee's medical
disability would preclude fulfillment of the employee's duties with the City, but that the nature of the
disability would penn it work at alternative outside employment. Failure to comply with this policy will
result in progressive disciplinary action.
ARTICLE XII
SPECIAL LEAVES
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Section 1. On-the-Job Iniurv. Upon application the City may grant a leave of absence with pay
in the event of an injury or illness of an employee while at work provided the following conditions
exist:
a. The injury or illness arises out of the course of City employment, and
b. The City's medical advisor detennines that time off from work is required.
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If the above provisions are applicable, leave with pay will be granted during the remaining time
on the work day when the injury occurs and for a period of two (2) additional working days if
authorized by the medical advisor.
If the injured or disabled employee requires more than two (2) working days in which to
recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is
exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other
accumulated leaves to supplement worker's compensation benefits.
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Section 2. Funerals. An employee will be granted up to three (3) work days per incident with
no loss of compensation or accruals if required to attend the funeral of his/her spouse, child, grandchild,
stepchild, foster child, mother, father, stepparent, sister, brother, step-sister or step-brother.
An employee will be granted one (I) day per occurrence with no loss of compensation nor loss
of accrual from sick, annual, or compensation time to aStend the funeral of his/her mother-in-law, father-
in-law, grandparent, aunt or uncle, brother-in-law, sister-in-law, or pennanent member of the immediate
household, In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary.
If additional time is needed, an employee shall be pennitted to use up to three (3) work days
of accumulated sick leave with the approval of his/her supervisor.
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Section 3. Leave of Absence Without Pav. A leave of absence without pay is a predetennined
amount of time off work, which has been recommended by the Department Director and approved by
the City Manager or for library employees, by the Library Director, except in cases of medically
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necessary disability leaves which shall be automatic provided the employee has exhausted all other
accrued leave (paid and unpaid) and submits to a physical exam by a city-paid and appointed doctor
(if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon
tennination of any such leave of absence, the employee shall return to work in the same range and step
as when he/she left and will receive compensation on the same basis as if he/she had continued to work
at his/her regular position without leave, provided that during that period if the nature of operations has
changed so that similar work does not exist or that an opening for the employee no longer exists, the
employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is
otherwise qualified for a period of twelve (12) months following tennination of the leave. The
employee is responsible for applying for and keeping aware of any openings,
In the event an employee fails to return to work at the end of any such leave or extension,
he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day
of work prior to such leave, During a leave of absence without pay, the employee:
f.
Cannot pay retirement contributions if the leave exceeds one month in duration.
Shall not receive any other accruals or job benefits during the period of absence.
Shall not acquire additional seniority during said leave except in the case of temporary
me~ical disability or as otherwise specified by this Agreement.
Shall not earn sick, vacation, or other leave.
Must use all accumulated vacation to which he/she is entitled prior to the time that the
leave without pay commences,
Must pay prorated health, dental, life and disability insurance premiums falling due
during any month' the employee is not on the payroll, if coverage is desired and is
available subject to insurance carrier approval, as follows:
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b.
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d.
e.
1. For any calendar month during which the employee is on unpaid leave not
exceeding ten working days and insurance coverage is desired, the City will pay
the cost of the insurance premiums.
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For any calendar month during which the employee is on unpaid leave in excess
of ten working days and insurance coverage is desired, the employee must pay
1/12 of the insurance premium for each working day beyond ten working days
that the employee is on unpaid leave of absence, The remainder of the
premium will be paid for by the City.
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The employee may choose which insurance coverages, if any, are to be retained
during the unpaid leave of absence,
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Payment for insurance coverages desired by the employee may be deducted
from current or future pay due to the employee or at the employee's option may
be billed on a monthly basis. Failure to return from an unpaid leave where
insurance coverage was desired will result in the City billing the individual for
costs which would otherwise have been deducted from the employee's pay.
The Department Director may waive the above conditions (a. through e.) for leaves of absence
not exceeding ten (10) working days.
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Section 4. Jurv Dutv. Any employee summoned for jury duty during the employee's regular
work hours shall receive regular straight time pay during any period of jury service. The City shall
receive the pay earned from such jury service, Compensation for travel expenses may be retained by
the employee, An employee who is summoned for jury duty but is not selected to serve on the jury
and is discharged with an hour or more remaining in the work-day shall return to work.
Section 5, Witness Fees. An employee shall be granted leave with pay when required to be
absent from work for the purpose of testifying in court in response to legal summons when the
employee is neither plaintiff nor defendant in the action and the City shall receive the witness fees up
to the amount of compensation paid to the employee by the City for days testified.
Section 6. Militarv Leave. Employees called by any branch of the Anned Forces of the United
States shall, when ordered to active service, be entitled to a leave df absence for such period of time
that the member serves in such capacity and until discharged therefrom. The City shall comply with
applicable law in regard to military leave.
Employees subject to the foregoing shall, upon reinstatement to City employment, retain their
original employment date for the purpose of detennining seniority and eligibility for salary advancement
just as though such time spent in service of the United States has been spent in regular employment
with the City.
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Section 7. Voting Time. An employee shall be pennitted to vote during the work day in any
national, state, or local election if it is not reasonably possible for him/her to vote during off hours.
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Section 8, Pregnancv Leave. A pregnant penn anent employee shall be entitled to a leave of
absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of
other accumulated leaves, All employees requiring such leave shall notify the Department Director
prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's
statement. Employees may work during pregnancy if health penn its.
Those granted leaves under this section shall present doctor's statements as to pregnancy
disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the
employee shall advise the City of the date by which she will return to work. Unless the employee
returns to work by such date, or any other date by reason of extension granted by the City, the
employee will be considered to have voluntarily resigned or retired.
An employee who takes leave pursuant to this section shall return to work as soon as she is
medically able.
Section 9, Union Business Leave.
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a.
Any employee elected to office in the International American Federation of State,
County and Municipal Employees shall be granted a leave of absence without pay for
a period not to exceed two years. Such leaves shall be granted to not more than one
City employee in Local 183 at anyone time. An employee desiring such leave shall
give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such
employees shall not have a job guarantee on return.
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Leave of absence without pay to attend and serve as a delegate to conventions and
training conferences relating to the Union shall be granted to not more than five (5) City
employees in Local 183 in anyone calendar year. Not more than five (5) days may be
taken by anyone employee under this section. Employees seeking such leave shall
b.
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present certification in writing of their selection by the Union to act as a representative
to a specified conference at least ten (10) working days prior to the time they wish to
be absent.
c. No more than one employee who is elected or appointed to offices in the Union that is
not part-time staff will be granted sufficient unpaid time off to carry on the duties of
the office provided he/she gives reasonable advance notice and receives approval for
such leave from the department head, Approval may be denied by the department head
where the employee's absence could adversely affect or interfere with the operation of
the department.
d, Employees on Union leaves shall only be entitled to accrual of seniority for time spent
on such leaves, except for subsection c above, where employee will continue to accrue
benefits during a period not to exceed ten (10) work days per year,
e, Employees appointed to the position of Staff Representative for AFSCME/Iowa Council
61 shall be entitled to an unpaid leave of absence not to exceed one year. The City
may deny such leave if it would create a hardship, Return from leave is governed by
Section 3 of this Article. Not more than one employee shall be granted such leave at
anyone time, The employee must make application for such leave at least ten (10)
working days in advance of the commencement of this leave, The provisions of
Subsection d, above shall apply.
Section 10. Professional Leave. The City and the Union agree that professional development
is of benefit to employees designated as "professionals" and the employer, In recognition of this
Agreement, the following guidelines will be considered when granting or denying requests for
professional leaves:
a.
The potential benefit to the employee.
The potential benefit to the employer,
The work-relatedness of training program, conference, workshop, class, or convention
that is attended. .
Who in the affected class of employees went most recently.
Seniority,
b.
c.
d.
e,
It is understood by the parties that the above provisions in no way constitute a guarantee of
training to anyone.
ARTICLE XIII
SENIORITY
Section I. Seniority shall mean length of continuous service with the City. It shall begin on
the date of employment and become applicable immediately following completion of a probationary
period of not more than six (6) months in a permanent position, unless extended in writing due to
unusual circumstances. Continuous service in a temporary position shall be added to the employee's
seniority for use only in Section 3, Use of Seniority, below. ' ,
An employee will lose seniority rights upon resignation, discharge for just cause, retirement,
death, or layoff for more than two (2) years,
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Seniority shall accrue during all paid leaves and during periods which a member is assigned a
classification outside of the bargaining unit. If an employee is on leave of absence without pay as a
result of temporary disability as substantiated by a doctor's certificate or for on-the-job injury, seniority
will accrue indefinitely. An employee will accrue seniority while on leave without payor layoff for
one (1) year or for a period equal to the length of time worked if less than one year,
In the event that two (2) or more employees have an identical seniority date, the order of their
seniority shall be detennined by the alphabetical order of last names.
The City will maintain a seniority list showing the length of continuous service and will make
a copy of the list available to the Union each six (6) months.
Section 2. Probation. The initial probation period for penn anent appointments will be six (6)
continuous months.
The probationary period may be extended in writing because of unusual circumstances.
Probationary employees are entitled to all benefits of this contract with two exceptions:
1. They may not grieve any disciplinary actions taken against them.
2. They may not bid on other jobs (except for promotions).
If an employee has worked as a temporary City employee prior to appointment to a similar
penn anent position, the temporary time worked may be credited toward completion of probation if it
is applicable experience.
For such employees, the probationary period will be shortened to reflect credit for temporary
time worked. The length of probation will be specified in writing in the penn anent appointment papers.
Section 3. Use of Senioritv. An employee who has successfully completed an initial City
probation period of six months may exercise seniority as follows:
a.
Transfer Procedures. Except in the case of emergency circumstances, a notice which
describes the position for pennanent job openings will be posted on administrative and
departmental bulletin boards for not less than five (5) working days. During this period,
employees who wish to apply for the position may do so. The City will provide a
written fonn for application which must be received in the Personnel Office by 5:00
P.M. on the day stated on the notice as the closing date, If current or laid off
employees are qualified for the position he/she may compete with other employee
applicants for the position.
Step I. If qualifications including skills, abilities, and experience of the applicants are
relatively equal, the employee with the greatest seniority will be offered the job first,
except as provided in Section 3, subsection b.2.(a) of this Article.
Step II. If the qualifications of current employees are marginal but equal to outside
applicants they will be offered the position if it is to be filled, subject to the further
provisions of Section 3, subsection b.2.(b) of this Article.
If an employee feels that seniority has been ignored by the City, he/she may request the reason
for his/her rejection for the position in writing, and the written reasons will be given.
18
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b. Reduction in Force, Reductions in force will be by departmental division according to
seniority in the jobs affected with the person having the least seniority within classifica-
tion to be laid off first. The City will give fifteen (15) days notice to employees who
are to be laid off except in an emergency, Temporary, casual and seasonal employees
within classification (e.g. those job titles listed in Appendix A) will be laid off prior to
permanent employees. The City will consult with the Union as far in advance as
possible prior to a contemplated layoff in order to provide the most equitable treatment
to employees who are to be laid off.
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1.
2.
The City will attempt to accomplish reduction in force by attrition.
, An employee whose job is to be eliminated may be transfen'ed to vacancies
within the department.
Employees notified of lay-off or who are subject to recall from lay-oj'f
under Section 3, Subsection c. of this Article shall be given the opportunity to
bid for new or vacant non-promotional positions to be filled by the City as
follows:
(a) When competing with other bargaining unit employees, a laid-off
employee will be offered the job first where qualifications, including
skills, abilities and experience of the applicants are relatively equal
without regard to seniority.
(b) When competing with applicants who are not employees of the City,
laid.off employees shall be offered the job first where the City deter-
mines the laid-off employee has the abilities to adequately perform the
job under normal supervision,
If no vacancies exist a more senior employee being laid off shall bump the
employee with the least seniority in their classification within their department;
but, if no such person or position exists, the laid-off employee may bump the
least senior employee in a position within their classification in the bargaining
unit. If no such person or position exists within the bargaining unit, a laid-off
employee may bump the least senior employee in a job outside their classifica-
tion and, if no such person or job exists, then the bargaining unit.
Provided, however, an employee shall not bump into a job without
seniority, proper credentials (including prior recorded experience in the job with
the City; except where a laid-off employee was placed in the job out of
promotional sequence in the clerical, maintenance worker, plant operator,
mechanic, librarian, dispatcher, planner/program analyst and construction
inspector series), and the ability to perform the duties of the job under normal
supervision, A person shall first bump into the highest classification which also
meets the preceding conditions.
3.
Bumping shall not result in any promotion. In no event shall a full-time
employee be forced to bump the least senior employee whe~ it would result in
decreased hours of work or shall part-time employees bump into full-time
positions unless their total seniority is greater based on a comparison of
computation of time actually worked,
Recall from Lavoff, The names of permanent employees laid off shall be placed on a
re-employment list for the jobs affected in the layoff. Such persons shall be eligible for
re-employment in reverse order of layoff in the job from which they were removed for
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a period of two (2) years, provided that they are still qualified and able to perform the
job, Employees may apply for vacancies in the City in titles other than those affected
by the layoff during the period that they are on the recall list while maintaining their
option to return to the job from which they were laid off.
When an employee is notified by certified mail to last known address to return
to work, he/she must make arrangements to return to work with the immediate
supervisor within seven (7) days or be removed from the recall list. An employee on
the recall list will accrue seniority pursuant to Section 1 of this article and will be
entitled to exercise seniority accrued prior to layoff after their return to work.
d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run
provided a vacancy exists. Employees currently within the classification in which the
vacancy has occurred will first be given the option to bid prior to the vacant hours
being posted for other City employees. The use of seniority in library scheduling, if
any, will be the subject of a separate letter to be negotiated at a later date.
Section 4. Trial Period.
A. Emplovee Ootion. A transferred employee shall be granted up to ten (10) days to determine
if he/she wants to continue in the position to which he/she voluntarily transferred. If during the
option period the employee desires to do so, he/she may return to the previous position.
B. ' City Ootion. The length of the trial period for a person who is transferring to another position
within the City will be adapted to the type of job, length of City employment and similarity to
previous jobs, but will not be longer than forty (40) working days except by agreement between
the City and the Union, A transferred employee agrees not to initiate another transfer for six
(6) months. This limitation on voluntary transfers does not apply to promotions. If the
employee's performance is unsatisfactory at the end of the trial period, they may return to their
previous position or a similar vacancy.
Section 5. Comoensation after Transfer. When an employee transfers to another position within
the same or a lower range he/she shall move to a step and rate of pay within the range of the position
transferred to with pay to be determined on the basis of relative skills, abilities, experience and
seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in
no event will be less than one step higher.
Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority
dates, the order of seniority for selecting transit runs shall be detennined by lot.
ARTICLE XIV
DISCIPLINE
Section 1. Puroose. All parties to this Agreement recognize that a certain amount of discipline
is necessary for efficient operation of the City and the City has rights and responsibilities under law in
providing services in an efficient manner. These certain penaltie~ for infractions are agreed upon by
the parties as a mode of operating and are not intended to limit the management rights of tlie City as
explained in Chapter 20 of the current Code of Iowa, Disciplinary actions against employees will be
20
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taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be
through the grievance procedure set forth in this Agreement.
Section 2. The goals of progressive discipline are to correct behavior and produce efficient City
operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily
be invoked in the order listed: '
a. Oral reprimand or warning.
b. Written reprimand or warning.
c. Suspension with loss of pay.
d. Discharge.
Section 3, Serious violations may be dealt with by any of the above disciplinary measures on
the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step
2 of the grievance procedure.
Section 4. An employee may request the presence of a steward at the time of discipline. The
steward may request a copy of the oral or written warning at that time. A copy of suspension or
discharge will be forwarded to the chief steward.
ARTICLE XV
INSURANCE
Section 1. Medical Insurance." The City will provide the health insurance policy-known as the
Blue Cross/Blue Shield "Iowa 500," Alliance, two-day deductible plan for employees and eligible
dependents. Employees who elect to obtain family coverage will pay twenty dollars ($20.00) per month
(prorated for part-time employees) toward the cost of such coverage, A pro rata share of the cost of the
premium will be paid for part-time employees.
A description of the provisions of the negotiated "Iowa 500," Alliance, plan are set forth in
Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes
regarding specific claims shall be addressed to the insurance company and are not subject to the
grievance procedure of this agreement.
The parties agree to actively pursue incentives and/or other alternatives to the existing health
care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be
implemented except upon mutual agreement by the City and the Union.
The City may meet with representatives of the Union for the purpose of negotiating an
alternative to the "Iowa 500," Alliance. Five Union representatives shall attend such meetings without
loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XX. ,
The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or
not it is reasonably equivalent to the "Iowa 500," Alliance. If the arbitrator determines that the
alternative is not appropriate or reasonably equivalent, the "Iowa 500," Alliance plan shall remain in
effect.
Section 2. Life Insurance. The City will provide a tenn life insurance policy for employees
the face value of which is an amount equal to the next even thousand dollars greater than annual salary.
e.g" If an employee's annual salary is $8,834, the face value of the life insurance policy is
$9,000.
21
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In the' policy currently provided coverage does not become effective until ninety (90) days after
employment.
Section 3. Dental Insurance, The City will provide dental insurance for employees. Family
dental insurance will be made available to the employee at the employee's expense.
A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix
"B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding
specific claims shall be addressed to the insurance company and are not subject to the grievance
procedure of this agreement.
Section 4. Pavroll Deductions. When the employer develops the computer capability to
accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for
deduction of up to one such item.
Section 5. Carrier Change. The parties agree that the employer may change insurance carriers
provided the Union is given 60 days written notice of the change and the specifications and
administration of the insurance plan(s) are not diminished. Regarding life and long-term disability
insurance, the specifications provided in Sections 2 and 6 of this Article define those below which
benefits shall not be diminished under this Section.
Section 6. Long Term Disability Insurance. Effective July 2, 1983, the City will provide long-
term disability insurance for permanent full-time bargaining unit employees with sixty percent (60%)
coverage of salary to a maximum of one thousand five hundred dollars ($1,500) per month. This
benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social
security, sick leave, etc. Such disability insurance shall begin paying benefits after ninety (90) working
days of continuous covered total disability. Regardless of other situations which are covered or not
covered by the terms ofthe policy, long-term disability benefits shall not pay for situations arising from
employment by any employer other than the City of Iowa City.
The City will absorb the cost of long-term disability insurance during the term of this contract
provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums
do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the
parties. All other increases in premium costs shall be subject to normal contract negotiations. All
increases shall be included in computing the financial terms of any negotiated contract settlement.
The parties agree to meet and confer regarding any proposed job retraining for a disabled City
employee, in order to discuss the terms and conditions of such retraining and reassignment.
ARTICLE XVI
SAFETY
Section I. Policv. The City and the Union recognize the importance of the personal safety of
individual employees on the job and recognize that in the routine course of work employees are subject.
to risks.
Section 2. Standards. Employees shall not be required to work in areas or to operate equipment
which is a hazard to themselves or the public. Periodic training in safety matters will be provided to
employees who engage in hazardous work. Employees will have access to protective gear required by
law. Employees will handle property and equipment of the City with due care appropriate to the nature
of the work and equipment employed.
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Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately
following the work day, report any defect noticed .by him/her in said equipment to the immediate
supervisor.
Section 4. Special Grievance Procedure. If an employee is requested to work in a location or
with equipment which presents an imminent personal hazard to himlherself 01' others the employee will
report immediately to the Division Superintendent or designee who will determine the minimal standards
under which employees must work. If the employee is then directed to work in a location or with
equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance
with the Department Director. Other disputes over safety hazards will be processed through the regular
grievance procedure in Article XX Section 4. Use of this procedure to create unnecessary delays will
result in disciplinary action. .
Section 5. Safety Committee, The Union shall select two (2) city employees as representatives
to each department/division safety committee.
ARTICLE XVII
PERSONNEL TRANSACTIONS
Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and
other documents w~ich will be used for purposes of promotion, evaluation or discipline. The
employee's copy will be forwarded at the time it is placed in the file,
Section 2. Under the supervision of an employee of the Human Relations Office and during
normal business hours, employees shall have access to their personnel files including the right to copy
the contents of the file at their own expense. An employee shall have the right to attach a written
response to any document in his/her personnel file.
Section 3. Upon request, written warnings for minor infractions which are over twelve (12)
months old will be removed from an employee's file, provided the problem has been corrected or there
has been substantial improvement toward correction.
Section 4. Oral wamings shall not be part of an employee's personnel record except as a
notation of when such warning was given. Upon request, such notation shall be removed from the
personnel file following eight months of service without any discipline.
ARTICLE XVIII
CLOTHING AND EQUIPMENT
Section 1. Employees who are required to wear special uniforms will be provided with such
uniforms. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets
and coals, will not be provided, except for Parking Enforcement Attendants, Gloves for discomfort
from cold will not be provided. Rain hats and rain coats will be provided for employees required to
perform a majority of their work out-of-doors. (Police Department employees see Appendix G.)
23
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Section 2. The employer will provide required protective clothing or protective devices,
including up to $85.00 during the 94-95 fiscal year and up to $100.00 during the 95-96 fiscal year
annually for the purchase of safety shoes. The employer shall pay the reasonable full cost of medically
prescribed safety sho~s. All safety shoe purchases must receive prior approval from the employee's
immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing
at Step 2.
Section 3. Commercial Drivers License. The employer will reimburse non-probationary
employees for the difference between the cost of an operators license and Commercial Drivers License
and any endorsements or restriction removals when the employee's job requirement includes possession
of such license. When available, the City will provide equipment necessary to take the applicable tests.
ARTICLE XIX
RECOVERY AND REHABILITATION PROGRAM
Section I. Voluntarv Referral Service, The City will provide where possible a voluntary
referral service for employees with personal problems. Employees who suspect they may have a work
problem even in the early stages are encouraged to seek treatment or counseling. All such requests
and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be
made to assist employees in obtaining needed services if they voluntarily request such assistance.
Section 2. Problem Drinking. In the interest of providing efficient services to the public the
City recognizes that employee alcoholism can and should be treated. Educational materials on problem
drinking may be requested from the Human Relations office. All bargaining unit employees are eligible
for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service
and other available community resources. Alcoholism as an illness is not a cause for discipline per se;
however, interference with job performance may be subject to discipline. Every attempt will be made
by the City and the Union to assist employees with drinking problems to obtain needed assistance.
Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level,
disciplinary action will be taken.
Section 3. Procedure. Supervisors who identify work problems or stewards who identify
personal problems may refer employees to the Human Relations office for assistance in obtaining
educational and rehabilitation services for alcoholism or other personal problems which influence
performance. Nothing in this section relieves employees of responsibility for their conduct on the job.
ARTICLE XX
GRIEVANCE PROCEDURE
Section I. Definitions. The word "grievance" wherever used in this Agreement shall mean any
dispute between the City and the Union or any employee with regard to the meaning, application, or
violation of any of the terms and provisions of this Agreement. The word "working day" shall be
defined as any day except Saturday and Sunday and holidays lisled in Article IX, Section 1, excluding
the personal leave day, for purposes of this section.
Section 2. Reoresentation. An employee who is a member of the bargaining unit covered by
this Agreement shall have the right to be represented by a steward at any grievance hearing or at any
step of the grievance procedure, if he/she chooses. Employees are also entitled tO'representation by a
24
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steward at disciplinary conferences. Stewards will not attend other conferences between supervisors
and employees except with the supervisor's approval.
The Union will certify the names and addresses of the designated stewards to the City Personnel
Administrator.
The City will compensate not more than one employee steward for the investigation of a
grievance. If a second City employee has a special office in the Union handling grievances, that
employee may request released time from hislher supervisor, and permission to work on the grievance
will not be unreasonably withheld, but the City will not provide compensation for time spent. Any
stewards who are City employees shall be released from work for not more than two (2) hours in one
work week to work on grievance resolution. The employee will obtain permission from the immediate
supervisor before investigating the grievance, but such permission will not be unreasonably withheld.
Released time under this section is limited to grievance resolution.
Supervisors and stewards agree to handle discipline and grievances with discretion.
Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have
no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any
monetary award or compensation arising out of the resolution of a grievance is limited to the period of
time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving
rise to the grievance or the employee's lack of knowledge thereof.
The following provisions will apply to interpretation of the above language:
1. Pay corrections in matters involving inaccuracies in payment of base pay and merit
increases or inaccuracies created by data entry or other Accounting Division error will
be made retroactive to the date of the error, which may be greater than sixty (60) days.
2. Any other type of payment error will be subject to the 60 day limitation on retroactive
pay as outlined in Article XX.
Section 4. Procedures. A grievance that may arise shall be processed and settled in the
following manner:
A.
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the steward if the employee chooses to be represented by a steward, and the employee's
immediate supervisor within seven (7) working days after the knowledge of the event giving
rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved
employee or steward within seven (7) working days after the Step I conference. The date of
the oral presentation of the grievance and the date of the verbal response shall be certified in
writing. If no response is received from the supervisor within seven (7) working days the
grievance will be processed pursuant to Step 2.
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Steo 2. Ifthe grievance is not resolved by Step 1, the aggrieved employee or his/her steward
(if applicable) shall, within seven (7) working days following completion of Step 1, present
three (3) writtcn copies of such grievance signed by the aggrieved person, two (2) to be filed
with the Department Director or designated represenlative and one (1) to be filed with the
Union, For Library employees the grievance must be filed at this Step with the Library Director
or designee. Thc written grievance shall contain a statement from the employee of the facts and
section of this Agreement grieved and specifying what relief or remedy is desired. The grievant
and steward shall include on the written grievance their names and the addresses to which they
wish a response to be sent.
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The grievant, steward and department director shall meet within seven (7) working days
to discuss the grievance. The Department Director shall issue a decision in writing within seven
(7) working days following the meeting.
C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her
designee within fifteen (15) working days of the date of niceipt of the written decision referred
to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting
shall be held within fifteen (IS) working days. The City Manager will respond to the grievant
and steward within fifteen (IS) working days following receipt of the grievance or the third step
meeting (if requested).
D, Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted
to a third party for arbitration. A request for arbitration must be submitted by written notice
to the other party within ten (10) working days following,receipt ofthe City Manager's decision
, at Step 3. Copies of any such request will be fumished to the City and to the Union.
The cost of arbitration and recording the same shall be divided equally between the
parties to this Agreement. The cost of a certified court report, if requested by the arbitrator,
shall be divided equally between the parties. Each party will pay for the cost of its own case
preparation and for expenses of witnesses.
The arbitration proceeding shall be conducted by an arbitrator to be selected by the City
and the Union within five (5) working days after notice has been given. If the parties fail to
select an arbitrator, a request by either or both parties shall be made to the Federal Mediation
and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members
of the National Academy of Arbitrators. Both the City and the Union shall have the right to
strike two names from the panel. The party giving notice for arbitration shall strike the first
name; the other party shall then strike one (1) name. The process will be repeated and the
remaining person shall be the arbitrator.
The arbitrator shall have the power to interpret, apply, and enforce this written
Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The
'rules of evidence and the nature of conduct required during the arbitration hearing shall be in
accordance with all state and federal legislation, applicable rules and regulations.
The decision of the arbitrator shall be issued within thirty (30) days after conclusion of
the hearing and shall be final and binding upon the parties.
The parties of the grievance, their witnesses and representatives shall have the right to
be pre'sent at the grievance arbitration in addition to the arbitrator. Other persons may be
present at arbitration hearings as the parties may mutually agree. Either party shall have the
right to record the evidence presented al the arbitration hearing. Arbitration hearings shall be
closed to the public and evidence taken shall not be revealed to any third party until such time
as the decision of the arbitrator is made unless parties agree otherwise.
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Section 5. Labor-Management Committee. The Labor-Management Committee shall consist
of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees
may be excused to attend meetings held during working hours. Representatives or agents of the parties
may be present at grievance committee meetings.
.
a.
Bargaining unit employees (not more than four) excused from work to attend committee
meetings will be paid for all regular duty time spent at such meetings.
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b, "Representatives or agents of the parties" as referenced above means only those
representatives or agents retained by AFSCME and does not include, for the purpose
of pay, officers, stewards, or other members of the bargaining unit.
c. It is thus understood that the City shall in no circumstances be obliged to pay more than
four (4) bargaining unit employees for duty time spent in attendance at a Labor-
Management Committee meeting under the terms and provisions of this Section, except
in such cases where said provisions may be voluntarily waived by both parties to the
agreement.
Meetings shall be no longer than two (2) hours in length and shall be scheduled to altemate
between the working hours and non-working hours of the labor members unless mutually agreed
otherwise.
The function of the Labor-Management Committee shall be to meet and confer monthly with
the City during the life of the contract for the purpose of adjusting pending grievances and to discuss
procedures for avoiding future grievances (including safety matters) provided that:
a. No topics will come before the Labor-Management Committee which are proper
subjects for negotiations (e,g., new demands, changed circumstances, requests for new
language, etc.); except for the investigation and discussion of cost containment features
to health insurance. Any such features recommended by the committee must be ratified
by the City and the Union prior to implementation.
b. Every agenda item will be investigated before the meeting with the appropriate
Department Director or designee. (Public Works -- Division Heads).
Section 6. Employee Involvement Efforts. The parties agree to actively pursue employee
involvement efforts which will provide for joint problem-solving and more effective communication and
pledge their mutual cooperation to achieve this end. However, no such programs will be implemented
except upon mutual agreement by the City and the Union.
ARTICLE XXI
PAY PLAN
Section I. Classification Plan. The classification plan for bargaining unit employees is attached
to this Agreement (see Appendix A). The pay plan in effect on July I, 1994, shall be adjusted upward
by three percent (3%) effective July 2, 1994. The resulting plan shall be further adjusted upward by
three percent (3%) effeclive July I, 1995. The effective date of compensation adjustments and benefit
adjustments applicable to any fiscal year will be the first day of the pay period which begins between
the dates of June 24 and July 7, inclusive.
Effective dates over the next four years, for example, are as follows:
July I, 1995
June 29, 1996
June 28, 1997
June 27, 1998
Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City
will justify the denial of merit increases following the employee's eligibility date. An employee who
does not receive a merit increase on his/her eligibility date may file a Slep 2 grievance.
27
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Section 3. Pav Plan, Each range of the pay classification plan will contain six (6) steps (1-6).
Employees at Step 1 are eligible for review and an increase to Step 2 after six (6) months. Step 1 will
be determined by the City unilaterally based on market information and other factors relating to the
particular job title for which the wage is being set. Employees on Steps 2-6 are eligible for review and
an increase to the next step annually. Employees on Step 6 or those who are outside of the range are
not eligible for step increases. '
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Section 4. Eauipment Mechanics Stipend. Each of the Equipment Division employees who is
required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before
July 15 of each of the contract years of this Agreement.
Section 5. Longevitv Pav. Permanent employees who have completed the required number of
years of continuous service with the City by December 1 shall receive longevity pay on a separate
check on the last payday in November in accordance with this schedule:
YEARS COMPLETED
ON DECEMBER 1 AMOUNT ,
5 years $275.00
10 years 450.00
15 years 600.00
20 years 750.00
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Employees who terminate will receive a prorata share of the longevity payment reflected in their
final check. The proration will be based on the nearest whole month of the year.
Section 6. Pre-Tax Advantage Program. The Employer will offer employees a program,
consistent with IRS regulations, through which employees may elect to make pre-tax reductions in
taxable wages which will be paid to an account from which dependent care and health/dental premiums
and expenses not covered by insurance will be paid.
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ARTICLE XXII
AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER
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All negotiations or bargaining with respect to the terms and conditions of this Agreement shall
be conducted by authorized representatives of the Union and the City. Agreements reached as a result
of such negotiations shall become effective only when signed by the authorized representatives of the
parties.
This Agreement supersedes and cancels all previous agreements and practices between the
Employer and the Union and constitutes the entire Agreement between the parties and concludes
collective bargaining for its duration. All parties to this Agreement waive each and every right to
negotiate to which they would otherwise be entitled under the laws of the State of Iowa. '
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ARTICLE XXIII
GENERAL CONDITIONS
Section I. This agreement shall be constru~d under the laws of Iowa.
Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory
items to the fullest extent required by law and to provide to the Union a copy of the City Personnel
Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need
for revisions in rules and regulations may be discussed by the Labor-Management Committee but any
new negotiations on mandatory items or other items will be conducted only by authorized teams in
compliance with this complete Agreement.
Section 3. The City and the Union agree they will not act to discriminate because of race,
creed, color, sex, age, national origin, disability, religion, marital status, sexual orientation, or political
affiliation unless the reason for the discrimination is job-related or otherwise allowed by law.
Section 4. Earlv Retirement Incentive. The City will give the Union notice and opportunity
to discuss, at a labor management committee meeting, prior to implementing any early retirement
incentive program. Such program must be applied on a unit-wide basis and participation will be
voluntary.
ARTICLE XXIV
DURATION OF AGREEMENT
This agreement shall be in effect between July I, 1994, and June 30, 1996. Furthermore, this
contract shall continue from year to year subsequent to June 30, 1996, unless written notice to change
or modify it is maiied or hand-delivered by either party to the other party prior to September IS of the
year preceding the expiration date or any extension thereof, and received by the other party no later than
September 25 of that same year or the next working day thereafter.
ARTICLE XXV
SAVINGS CLAUSE
Should any Article, Section, or any portion thereof of this Agreement be held unlawful and
unenforeeable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply
only to the specific Article, Section or portion thereof declared null and void in the decision and the
remainder of this Agreement shall remain in full force and effect. Neither party shall be required as
a result of their agreement with each other to conduct themselves in a manner which would cause them
to neglect their duties under law or to engage in activities in violation of the law.
If replacement provisions are deemed necessary by the Union or Management they shall be
negotiated immediately. '
Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as
amended) shall not be subject to the grievance and arbitration provisions of this contract unless this
contract specifically regulates the issue(s) in question.
29
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CITY OF IOWA CITY, IOWA " '
By: ()j41LA~,/k~, '
(MAYOR . '!,.,,'
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ATTEST: l7(~A/JtJ "/.
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RETARY
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AFSCMElIowa Council 61
Y'S OFFICE
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PAY GRADE
AFSCME JOB TITLE LIST
FY95 (JULY 2, 1994)
JOB TITLE
------------------------------------
1
1
1
1
CUSTODIAN
M W I - RECREATION
M W I - SENIOR CENTER
M W I - TRANSIT FACILITY
2
2
2
2
2
2
2
2
2
2
2
2
CASHIER - PARKING
INFORMATION SERVICES CLERK
KENNEL ASSISTANT
LEAsED HOUSING RECEPTIONIST
M W I - CBD
M W I - GOVMT BLDGS
M W I - PARKING SYSTEMS
, M W I - PARKS
M W I - POOLS
M W I - TRANSIT
MAIL CLERK
WATER METER CLERK
3
3
3
3
3
3
3
3
3
3
3'
CASHIER - TREASURY
CLERK/TYPIST - LEASED HOUSING
M W I - TOWING
M W I - WASTEWATER TREATMENT
M W II - GOVERNMENT BUILDINGS
MINUTETAKER
PARKING ENFORCEMENT ATTENDANT
SCALEHOUSE OPERATOR
SR LIBRARY CLERK
TECH SERVICES CLERK
WATER SERVICES CLERK
4
4
4
4
4
4
4
4
4
4
4
4
4
ACCOUNT CLERK - ACCOUNTING
ACCOUNT CLERK - TRANSIT
ACCOUNT CLERK - TREASURY
CLERK/TYPIST - SOLID WASTE
M W I - LANDFILL
M W I - REFUSE
M W I - STREETS
M W I - WATER DIST.
M W II - CEMETERY
M W II - PARKING SYSTEMS
POLICE RECORDS CLERK
PUBLIC SERVICES CLERK
SR CLERK/TYPIST - RECREATION
5 BUYER I - PURCHASING
5M W II - PARKS
5 M W II - PUBLIC HOUSING
5 M W II - RAMP/METER REPAIR
5 M W II - RECREATION
5 M W II - TRAFFIC ENGINEERING
5 M W II - TRANSIT
5 SR LIBRARY CLERK
5 SR POLICE RECORDS CLERK
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PAY GRADE
AFSCME JOB TITLE LIST
FY95 (JULY 2, 1994)
JOB TITLE
APPENDIX A
Page 2
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6/09/94
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---------
------------------------------------
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6
6
6
6
6
6
6
6
6
6
6
6
ANIMAL CONTROL OFFICER
BUYER I - EQUIPMENT
COMMUNITY SERVICE OFFICER
HOUSING MANAGEMENT AIDE
LIBRARY ASSISTANT I
M W II - SENIOR CENTER
M W II - TRAFFIC ENG SIGNS
M W II - WASTEWATER TREATMENT PLANT
M W II - WATER SERVICE
MASS TRANSIT OPERATOR
SR ACCOUNT CLERK - ACCOUNTING
SR CLERK/TYPIST - SR CENTER
HOUSING ASSISTANT
. CUSTOMER SERVICE REP - PARKING
LIBRARY ASSISTANT II
M W II -, LANDFILL
M W II - POOLS'
M W II - REFUSE
OFFICE COORDINATOR - ASSISTED HSNG
PARTS/DATA ENTRY CLERK
PRODUCTION ASSISTANT
SR CLERK/TYPIST - STREETS
SR CLERK/TYPIST - WASTEWATER TREATME
CENTRAL SERVICES CLERK
INTERACTIVE SPECIALIST
LABORATORY TECHNICIAN
LIBRARY ASSISTANT III
M W II - FORESTRY
, MW II - STREETS
M WIll - CEMETERY
M WIll - LANDFILL
M W III - PARKS
M WIll - TRAFFIC ENGINEERING
M WIll - WASTEWATER COLLECTION
SR ACCOUNTS PAYABLE CLERK
SR PAYROLL CLERK
TECHNICAL ASSISTANT - PCD
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7
7
7
7
7
7
7
7
7
7
7
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8
8
8
8
8
8
8
8
8
8
8
8
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9 CONSTRUCTION INSPECTOR I
9 CUSTOMER SERVICE REP
9 ELECTRICIAN
9 EMERGENCY COMMUNICATIONS DISPATCHER
9 M W III - LIBWY
9 M W III - TRANSIT
9 MECHANIC I
9 OFFICE COORDINATOR - RECREATION
9 SR ENGINEERING TECH
9 SR LIBRARY ASSISTANT
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APPENDIX A
6/09/94 AFSCME JOB TITLE LIST Page 3
FY95 (JULY 2, 1994)
PAY GRADE JOB TITLE
--------- ------------------------------------
10 , BODY REPAIR MECHANIC
10 HOUSING INSPECTOR
10 M W III - WATER DIST
10 M W III - WATER PLANT
10 MAINTENANCE OPERATOR - WASTEWATER.
10 TPO - WASTEWATER TREATMENT
10 TPO - WATER
11 BUILDING INSPECTOR
11 CUSTOMER SERVICE COORDINATOR
11 EMERGENCY COMM SUPERVISOR
11 HOUSING REHAB ASSISTANT
11 HOUSING SPECIALIST
11 M W III - STREETS ; I
,
M W III - WASTEWATER ,
,11
11 MECHANIC II '
11 MICROCOMPUTER SPECIALIST
11 PAGE SUPERVISOR
11 PRODUCTION COORDINATOR - BTC I
11 SR M W - PARKS
','I
12 CONSTRUCTION INSPECTOR II .
12 ELECTRONICS TECH - TRAFFIC ENGINEER
12 ELECTRONICS TECH - WASTEWATER TREATM
12 LIBRARIAN I
12 SR M W - CBD
12 SR TPO - WASTEWATER TREATMENT
13 CHEMIST
13 LIBRARIAN II
13 MECHANIC III
13 SR ACCOUNTANT - ACCOUNTING
13 SR ACCOUNTANT - TREASURY
13 SR M W - WASTEWATER COLLECTION
13 SR MECHANIC
13 SR TPO - WATER
13 SURVEY PARTY CHIEF
14 PROGRAM SPECIALIST - SR CENTER
14 REC PROGRAM SUPERVISOR
14 REHAB OFFICER
14 SR CONSTRUCTION INSPECTOR
14 SR M W - LANDFILL
14 SR M W - RECREATION
14 SR'M W - STREETS "
14 SR M W - Wil.TER DISTRIBUTION
14 SR M W - WASTEWATER PLANT
14 VOLUNTEER SPECIALIST - SR CENTER
15 ASSOCIATE PLANNER
15 CIVIL ENGINEER
15 HUMAN SERVICES COORDINATOR
15 SR LIBRARIAN
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AFSCME JOB TITLE LIST
FY95 (JULY 2, 1994)
JOB TITLE
PAY GRADE
---------
------------------------------------
15
.15
SOLID WASTE PLANNER
SR M W - CEMETERY
()
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APPENDIX A
Page 4
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APPENDIX B
IOWA 500
IOWA 500 HEALTH CARE COVERAGE
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IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield
physician and Major Medical coverages into a single program using
deductibles and copayments. And after the deductible and copayment
have been satisfied, the dollar coverage and number of hospital days
are unlimited except for Nervous and Mental admissions.
In short, the Subscriber shares in the costs of the medically necessary
hospital, medical and surgical services provided. However, the
Subscriber's share never exceeds $500' per contract per year for covered
services, regardless of the number of family members.
IOWA 500 plan benefits encourage medical self-maintenance practices
by paying for 90% of the covered Usual, Customary and ReasoQable charges
for:
* One routine annual physical examination in a
doctor's office or clinic
* Home and office calls needed to diagnose or
treat a medical condition
* Immunizations required by a Subscriber or any
person in a Subscriber's family
The idea behind IOWA 500 covera e1 ' To encoura e continuin medical
se f-maintenance and he p reduce the lengt and number 0 unnecessary
hQ!pital stays. These efforts, of course, can help keep health care
costs--and rates--in line.
THE IOWA 500 Plan Covers These Extensive Services:
(1)
HOSPITAL CARE 90/10
Inpatient
. Semi-private room and board
. Necessary services and supplies
. ,Operating rooms, intensive care,
coronary and burn care 4nits
. Delivery room for normal delivery,
Caesarean section, miscarriage or
admission for false labor
. Necessary laboratory and x-ray
services
PHYSICIAN SERVICES 90/10
. Home and office vists
. One routine annual physical
exam ,
. Pre-natal and post-natal care
in physician's office
. Immunizations
. Hospital visits and nursing
facility visits
1,1
Outpatient
. Surgery
. Diagnositc x-ray and laboratory
services
. Accident care
NERVOUS AND MENTAL 90/10
Outpatient - 90/10 to $10,000
Lifetime Maximum.
HOME HEALTH CARE 90/10
SKILLED NURSING FACILITY 90/10
. Unftmited Room andiBoard
. Services and supplies
. Services provided by a
Registered Nurse
. Services prescribed by a physician
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THE IOWA 500 PLAN COVERS THESE OTHER SERVICES:
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These~other. services are ,subject to a $100 contract deductible per calendar year
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. Prescriptions Nursing Services,
. Anesthetics . Private-duty nursing services
. Blood plasma
. Casts
. Crutches
. Durable medical equipment
. .Other supplies when ordered
by a physician
Ambulance
. Air
. Ground
DEDUCTIBLES AND COPAYMENT
. Hospital ~ The Subscriber is responsible for the first two days of semi-
private room and board. ~,::;:::..:-'~-:.' .,. '~~:..;.:;"~-:J-'o!~"''f<" ,..........Q.o
Per Hospital Admission.
. Physician - The subscriber pays 10% of the physician's Usual. Customary
, and Reasonable charges including office calls. IOWA 500 coverage pays
the remaining 90%.
. Other Supplies/Services - The subscriber pays the first $100 per contract
per calendar year, for'medical supplies and services. These may include
prescription drugs. services of a Registered Nurse. ambulance services,
home health care and braces.
When the subscriber's expenditures for hospital, physician, and/or
other services reach $500 per year. IOWA 500 pays 100% of all remaining
charges. If the subscriber's'expenditures for hospital. physician,
and/or other services do not reach $500, the subscriber pays 10% of all
remaining charges up to a total maximum expenditure of $500. (Outpatient
treatment for nervous and mental conditions is paid 90/10 co-payment
until the $10,000 Lifetime Maximum is met. Co-payment for outpatient
Nervous and Mental does not apply to the out-of-pocket maximum.
CARRYOVER OF DEDUCTIBLE
Expenses for covered services incurred during the months of October, November
and December and which are used to satisfy that year's deductible can be used
toward satisfying the next calendar year's deductible.
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Hospital
SelVic:e
Other
CoYeIed
Services
$100 deductible
Phy!k:Ian
SeMce
lor2day
deductibI9
9O'hJl11%
9O"IJ10%
lIlllI$500per
contrad maxInun
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ALLIANCE Program Provisions
1) The ALLIANCE program consists
of seven program components.
They are:
Pre.Admission Certification
Blue Cross and Blue Shield must be notified prior to any
non.emergency or planned inpatient admission to a hospital,
skilled nursing facility, mental health institution, or use of
home health care or hospice program services.
Admission Review
Blue Cross and Blue Shield must be notified of all emergency
and maternity admissions within 24 hours,
Continued Stay Review
All hospital stays will be reviewed to ensure that continued
hospitalization, home care, hospice or other services are
medically necessary to meet the patient's ongoing health
care needs,
Individual Case Management
focus is placed on special needs of patients with severe
illnesses or injuries, Arrangement may be made to waive
standard coverage limitations or exclusions that might
otherwise hinder alternative care arrangements outside the
hospital.
Mandalory Outpatient Surgery
Certain surgeries and procedures can be safely performed on
an outpatient basis without sacrificing the quality of care,
This requirement will be waived if inpatient admission
is medically necessary.
Additional Home Health Care and Hospice Benefits
Coverage is provided for services not usually offered in
traditional coverage, Additional home health benefits
provide expanded coverage for:
. Skilled nursing services
. Physical therapy
· Speech therapy
. Occupational therapy
. Medical social services
. Home health aide services
. Enteral and parenteral nutrition
. Prescription drugs and medicines administered
intravenously or intramuscularly
. Medical supplies
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Hospice care has been added to include respite care, a
means by which services can be provided to relieve an
individual caring for a terminally ill patient at home, Also
included under hospice care are continuous home care and
general inpatient care services.
Hospital Bill Audits
Experienced Blue Cross and Blue Shield auditors will review
a random sample of bills over $10,000. This ensures that the
charges are appropriate and represent services actually
received.
2) What happens if you fail to
obtain prior approval for a non-
emergency or planned admission?
. Always obtain pre-admission certification prior to any non.
emergency or planned inpatient admissions. failure to do
so will result in a substantial penalty, perhaps as much as
50 percent, after which any applicable deductible and
coinsurance amounts will be applied to the remaining
balance, Remember, it is your responsibility to make sure
the call is placed.
Remember that it is not necessary to contact Blue Cross
and Blue Shield unless you are admitted as an inpatient to
a health care facility or to receive home health or hospice
services. for example, if you obtain care on an outpatient
basis (I.e., visit the doctor's office or go to a hospital
emergency room or clinic), and you are not admitted for
inpatient treatment, you need not contact us.
. Always notify Blue Cross and Blue Shield of all emergency
and maternity admissions within 24 hours. If you fail to do
so, you will be responsible for the room.and.board charges
for any days it is determined your condition did not require
inpatient hospitalization.
3) To appeal a possible reduction
of benefits:
. You or your physician may ask for a reconsideration of the
decision. All requests should be made in writing and
submitted by either you or your physician.
. You must appeal a benefit reduction within six months of
receipt of notice for failure to notify Blue Cross and Blue
Shield of an emergency or maternity admission within 24
hours,
ALLIANCE. . . working with you, for you!
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D&llI Dental Plan
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Summary of Benefits
DELTA DENTAL COVERAGE
Della Dental Plen of low. coveragll not only provldell variety of
benefllS 1M 1"0 ,ncourl;" timely Ind ~ectivll dentll! maintenance.
More than 80'~ of the dentiltl In 10wI participate In the Delta DenIal
program. Deha Dental payment II baaed on Ulual, Cuatomary and
Reasonllble allowances, lubject to deductible and copayment provl.
lions of the program,
Your Delta Dental program includes a -medical necessity- provision
which en.ures coverage for dentalaervices provided within generally
accepted dental practices,
Like Blue Cross and Blue Shield of Iowa, the Deha Dental Plan
receives claims directly from participating dentists. And we pay them
directly for you. That eliminates claims-handling chores for you and
your employees - and aevls valuable time and money.
To provide a program to meet your company's needs, Della Dental
Plan benefits are available with deductibles, copayments and maxi.
mum payment allowances for covered services.
These benefits are combined to meet your needs:
Preventlv. Malntlfllnce benefit includes:
· Routine checkups at six.month intervals including bitewing x.rays at
12.month intervals,
· Teeth cleaning once every, six months.
· Topical fluoride applications as prescribed but no more than once
every six months,
· Full.mouth x.rays once in any three-year interval unless special
need is demonstrated,
Routine Restorative benefit provides ongoing care including:
. Regular Cavity fillings.
· Oral surgery (including pre. and post-operative care),
· Emergency treatment for relief of pain.
Major Restorative benefit covers:
. High-cost fillings.
. Cast restorations,
. Root canal fillings,
· Non.surgical treatment for gum diseases,
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Delta Dental Plan of Iowa
RATE QUOTATION
PLAN II
Program Benefits
Q Preventive Maintenance
o Routine Restorative
Q Major Restorative
o Dental Prosthetics
o Periodontics
o Orthodontics
o Dependents to age
o Full-time students
o Adults
Program Maximums
Single $ 500 per year
Family $ 500
','
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Deductible
SlnglOlflmlly
(Annuli)
Copayment
s
S 25/75
.
50
50
s
S
$
S
"
per member, per year
Lifetime benefit maximum on Orthodontics $
Program Rates'
Single $ per month
Family $ _ _ per month
These rates guaranteed for 12
months beginning on 7-1-85
(dill)
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0/0
0/0
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%
CD
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if purchased by 7 -1-85
fdlll'
'Rales quoted here are based upon census informalion provided and acquiring and maintaining
I min~'mum enrollment of 90% of total eligible employees for the duration of the contracl.
I I ;" I .
WN-. . \, . . I,',' I I~ .~~ .i~,
Authorized RaplOs n tive Date
This is a general des iption of coverage. h is not a statement 01 contract. Actual
coverage is lubJedl,to the terms and conditions specified in the contract ilsell
and enrollment regulations in force when the contract becomes effective,
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01 Iowa
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AFSCMl: PAYPLAN; FY95(JUl Y 2, 1994)
APPENDIX C
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PAYGRADE:
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
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CustodiWl $8.85 $9.92 $10.22 $10.59 $10.92 $11.28
MW I - Recreation $708.00 $793.60 $817.60 $847.20 $873.60 $902.40
MW I - Sr Center $18,408.00 $20,633.60 $21,257.60 $22,027.20 $22,713.60 $23,462.40
MW I - Transit Facility "
,
2
Cashier - Parking $9.12 $10.22 $10.59 $10.92 $11.28 $11.68 '/
Infonnation Services Clerk $729.60 $817.60 $847.20 $873.60 $902.40 $934.40
Kennel Assistant $18,969.60 $21,257.60 $22,027.20 $22,713.60 $23,462.40 $24,294.40
Leased Hsng Receptionist I
MWI-CBD
MW I - Govt Bldgs ' !. 'I
MW I - Parking Systems < I
MW I - Parks
MW I - Pools
MW I - Transit
MW I - Water Customer Serv
Mail Clerk
Water Meter Clerk
3
Cashier - Treasury $9.42 $10.59 $10.92 $11.28 $11.68 $12.09
Clerkffypist - Leased Housing $753.60 $847.20 $873.60 $902.40 $934.40 $967.20
MWI-Towing $19,593.60 $22,027.20 $22,713.60 $23,462.40 $24,294.40 $25,147.20
MW I - Wastewater Treatment
.
MW II - Govenunent Bldgs
Minutelaker
Parking Enforcement Attendant
Scalehouse Operator
Library Clerk
Water Services Clerk
4
Account Clerk. Acclng $9.75 $10.92 $11.28 $11.68 $12.09 $12.54
AccoWlt Clerk. Transit $780.00 $873.60 $902.40 $934.40 $967.20 $1,003.20
AccoWlt Clerk. Treasury , $20,280.00 $22,713.60 $23,462.40 $24,294.40 $25,147.20 $26,083.20
Clerkffypist - Solid Waste
MW I . Landfill
MW I - Refuse
MW I - Streets
MW I - Water Dist
MW II - Cemetery
MW II - Parking Systems
Police Records Clerk
Public Services Clerk '
Sr Clerkffypist . Recreation
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AFSCME PAYPLAN. FY95(JULY 2,1994)
PAYGRADE:
STEP 1
..i
5
Buyer I - Purchasing
MW 11- Parks
MW II. Public Housing
MW II. RamplMeter Repair
MW II. Recreation
MW II. Traffic Eng
MW 11- Transit
Sr Librl1l)' Clerk
Sr Police Records Clerk
6
Animal Control Officer
Buyer I - Equipment
CommWlily Service Officer
Housing Mnnagement Aide
Librl1l)' Assislmlt I
MW 11- Senior Center
MW II. Traffic Eng Signs
MW II - Wastewater Treabnent Plnnt
MW II - Water Service
Mass Trnnsit Operator
Sr Account Clerk - AccoWlting
Sr Clerkffypist- Sr Center
7
Customer Serv Rep - Parking
Housing Assislmlt
Library Assislmlt II
MW II . Landfill
MW II . Pools
MW II . Refuse
Ol1ice Coord - Assisted Housng
PnrtslData Entry Clerk
Production Assislmlt
Sr Clerkffypist - Streets
Sr Clerkffypist - Wastewater TrtnUlt
8
Central Services Clerk
Interactive Specialist
Laboratory Technicinn
Librl1l)' Assislmlt m
MW II - Forestry
MWII-Streets
MW m . Cemetery
MW m . Landfill
MW m . Parks
MW m . Traffic Eng
MW m - Wastewater Collection
Sr Accounts Payable Clerk
Sr Payroll Clerk
Teclmical Assislmlt. PCD
$10.09
$807.20
$20,987.20
$1Q.42
$833.60
$21,673.60
$10.80
$864.00
$22,464.00
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$892.00
$23,192.00
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$11.26
$900.80
$23,420.80
, $11.68
$934.40
$24,294.40
$12.09
$967.20
$25,147.20
$12.54
$1,003.20
$26,083.20
"".~,,' '
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APPENDIX C
STEP 3
$11.62
, $929.60
$24,169.60
$12.09
$967.20
$25,147.20
$12.54
$1,003.20
$26,083.20
$12.96
$1,036.80
$26,956.80
',~:
STEP 4
$12.00
$960.00
$24,960.00
$12.54
$1,003.20
$26,083.20
$12.96
$1,036.80
$26,956.80
$13.43
$1,074.40
$27,934.40
STEP 5
$12.43
$994.40
$25,854.40
$12.96
$1,036.80
$26,956.80
$13.43
$1,074.40
$27,934.40
$13.91
$1,112.80
$28,932.80
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$12.84
$1,027.20
$26,707.20
$13.43
$1.074:40
$27,934.40
$13.91
$1,112.80
$28,932.80
$14.41
$1,152.80
$29,972.80
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AFSCME PAYPLAN - FY95(JUL Y 2,1994)
APPENDIX C
._:"':""'_""1
3
PAYGRADE:
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
9
Buyer 1I $11.49 $12.84 $13.29 $13.76 $14.22 $14.75
Construction Inspector I $919.20 $1,027.20 $1,063.20 $1.100.80 $1,137.60 $1,180.00
Customer Service Rep $23,899.20 $26,707.20 $27,643.20 $28,620.80 $29,577.60 $30,680.00
Electrician
" "
Emergency Conun Dispatcher
MWill-Libl1U}'
MW ill . Transit
Mechanic I
Office Coord. Recreation " '~
Sr Engineering Tech
Sr LibrllI}' Assistant
10
Body Repair Mechanic $11.81 $13.20 $13.64 $14.10 $14.61 $15.11
Housing Inspector $944.80 $1,056.00 $1,091.20 $1,128.00 $1,168.80 $1,208.80
MW ill - Water Dist $24,564.80 $27,456.00 $28,371.20 $29,328.00 $30,388.80 $31,428.80 ,
MW ill . Water Plant
Maintenance Operator - Wastewater
Public InfalEd Coord - Water
TPO - Wastewater Treatment
TPO. Water
11
Building Inspector $12.60 $13.91 $14.41 $15.01 $15.51 $16.13 Q
Customer Service Coordinator $1,008.00 $1,112.80 $1,152.80 $1,200.80 $1,240.80 $1,290.40
Emergency Conun Supervisor $26,208.00 $28,932.80 $29,972.80 $31,220.80 $32,260.80 $33,550.40
Housing Rehab Assistant
Housing Specialist
, MW ill. Streets
MW ill . Wastewater
Mechanic II
" Microcomputer Specialist
J Page Supervisor
r Production Coordinator - BTC
\ Sr MW - Parks I .
12 }..!
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~ Construction Inspector II $13.18 $14.40 $14.89 $15.44 $16.00 $16.53
,(T Electronics Tech - Traffic Eng $1,054.40 $1,152.00 $1,191.20 $1,235.20 $1,280.00 $1,322.40
Electronics Tech. Wastewater $27,414.40 $29,952.00 $30,971.20 $32,115.20 $33,280.00 $34,382.40
Librarian I
i ~ SrMW .CBD
1
i SR TPO - Wastewater
13
Chemist $13.60 $15.01 $15.51 $16.13 $16.73 $17.37
Librarian II $1,088.00 $1,200.80 $1,240.80 $1,290.40 $1,338.40 $1,389.60
Mechanic ill $28,288.00 $31,220.80 $32,260.80 $33,550.40 $34,798.40 $36,129.60
Sr Accountant. Acctng
r: Sr Accountant- Treaswy
Sr MW . Wastewater Collection .
Sr Mechanic
~ Sr TPO . Water
Survey Party Chief
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AFscME PAYPLAN. FY95(JULY 2,1994)
APPENDIX C
4
PAYGRADE:
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
", ,\
14
Program Spec - Sr Center $14.12 $15.51 $16.13 ' $16.73 $17.37 $17.91
Rec Program Supervisor, $1,129.60 $1,240.80 $1,290.40 $1,338.40 $1,369.60 $1,432.80 I
Rehab Officer $29,369.60 $32,260.80 $33.550.40 $34,798.40 $36,129.60 $37,252.80 I
Sr Construction Inspector ' I
Sr MW - Landfill I
Sr MW - Recreation
SR MW - Streets
Sr MW . Water Dist
Sr MW - Wastewater Plant
Volunteer Spec - Sr Center
15
Associate Planner $14.75 $16.15 $16.76 $17.40 $17.95 $18.56
Civil Engineer $1,160.00 $1.292.00 $1,340.80 $1,392.00 $1,436.00 $1,484.80
Human Services Coord $30,680.00 $33,592.00 $34,860.80 $36,192.00 $37,336.00 $38,604.80
Sr Librarian ' '\.
Solid Waste Planner
Sr MW - Cemetery
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AFSCME PAYPLAN. FY96(JULY 1,1995)
APPENDIX C
2
PAYGRADE:
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
5
Buyer I - Purchasing $10.39 $11.60 $11.97 $12.36 $12.80 $13.23
MW II . Parks $831,20 $928.00 $957.60 $988.80 $1,024.00 $1,058.40
MW II . Public Housing $21,611.20 $24,128.00 $24,897.60 $25,708.80 $26,624.00 $27,518.40
MW II - RamplMeter Repair "
MW II - Recreation
MW II - Traffic Eng
MW II - Transit
Sr Library Clerk
Sr Police Records Clerk
6
Animal Control Officer $10.73 $12.03 $12.45 $12.92 $13.35 , , '
$13.83
" Buyer I - Equipment $858.40 $962.40 $996.00 $1,033.60 $1,068.00 $1,106.40
Community Service Officer $22,318.40 $25,022.40 $25,896.00 $26,873.60 $27,768.00 $28,766.40
Housing Management Aide
Library Assistant I \
MW II - Senior Center
MW II - Traffic Eng Signs
MW II - Wastewater Treatment Plant
MW II. Water Service
Mass Transit Operator
Sr Account Clerk - Accounting
Sr Clerkffypist - Sr Center Q)
7
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Customer Serv Rep - Parking $11.12 $12.45 $12.92 $13.35 $13.83 $14.33 ,,',
,
Housing Assistant $889.60 $996.00 $1,033.60 $1,068.00 $1,106.40 $1,146.40
Library Assistant II $23,129.60 $25,896.00 $26,873.60 $27.768.00 $28,766.40 $29,806.40
MW II - Landfill
, MWII-Pools
MW 11- Refuse
.f Ollice Coord - Assisted Housng
PartslData Entry Clerk
(' Production Assistant
\ Sr Clerkffypist . Streets "
Sr Clerkffypist - Wastewater Trtmnt -,I,::,.
8
~;ji: Central Services Clerk $11.48 $12.92 $13.35 $13.83 $14.33 $14.84
I' Interactive Specialist $918.40 $1,033.60 $1,068.00 $1,106.40 $1,146.40 $1,187.20
Laboratory Technician $23,878.40 $26,873.60 $27,768.00 $28,766.40 $29,806.40 $30,867.20
Library Assistant ill
MW II - Forestry
MW II - Strects , '~
MW ill. Cemetery
MW ill - Landfill
MW ill - Parks
MW ill . Traffic Eng
MW ill . Wastewater Collection
Sr Accounts Payable Clerk
Sr Payroll Clerk t"
'~ TeclUlical Assistant. PCD
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AFSCME PAYPLAN. FY96(JULY 1, 1995)
PAYGRADE:
STEP 1
9
$11.83
$946.40
$24,606.40
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Construction Inspector I
Customer Service Rep
Electrician
Emergency Corom Dispatcher
MW ill - Library
MW ill - Transit
Mechanic I
Office Coord - Recreation
Sr Engineering Tech
Sr Library Assistant
10
Body Repair Mechanic
Housing Inspector
MW ill - \Vater Dist
MW ill . Water Plant
Maintenance Operator - Wastewater
Public InfolEd Coord - Water
TPO - Wastewater Trealmeat
TPO . Water
11
Building Inspector
Customer Service Coordinator
Emergency Corom Supervisor
Housing Rehab Assistant
Housing Specialist
MWill-Streels
MW ill . Wastewater
Mechanic IT
Microcomputer Specialist
Page Supervisor
Production Coordinator - BTC
Sr MW . Parks
12
Construction Inspector IT $13.58
Electronics Tech. Traffic Eng $1,086.40
Electronics Tech. Wastewater $28,246.40
Librarian I
SrMW .CBD
SR TPO - Wastewater
13
$12.16
$972.80
$25,292.80
$12.98
$1,038.40
$26,998.40
I
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Chemist
Librarian IT
Mechanic ill
Sr Accolllltant- Acctng
Sr Accolllltant . Treaswy
Sr MW . Wastewater Collection
Sr Mechanic
Sr TPO . Water
Survey Party Chief
$14.01
$1,120.80
$29,140.80
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$13.23
$1,058.40
$27,518.40
$13.60
$1,088.00
$28,288.00
$14.33
$1,146.40
$29,806.40
$14.83
$1,186.40
$30,846.40
$15.46
$1,236.80
$32,156.80
~.
APPENDIX C
STEP 3
$13.69
$1,095.20
$28,475.20
$14.05
$1,124.00
$29,224.00
$14.84
$1,187.20
$30,867.20
$15.34
$1,227.20
$31,907.20
$15.98
$1,278.40
$33,236.40
T
STEP 4
$14.17
$1,133.60
$29,473.60
$14.52
$1,161.60
$30,201.60
$15.46
$1.236.80
$32,156.60
$15.90
$1,272.00
$33,072.00
$16.61
$1,326.60
$34,546.60
<.
:1
STEP 5
$14.65
$1,172.00
$30,472.00
$15.05
$1,204.00
$31,304.00
$15.96
$1.276.40
$33,236.40
$16.46
$1,316.40
$34,276.40
$17.23
$1,376.40
$35,636.40
.
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STEP 6
$15.19
$1,215.20
$31,595.20
$15.56
$1,244.80
$32,364.60
$16.61
$1,326.60
$34,548.80
$17.03
$1,362.40
$35,422.40
$17 .69
$1,431,20
$37,211.20
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AFSCME PAYPLAN. FY96(JULY 1,1995)
APPENDIX C
"
,I
STEP 3
STEP 4
STEP 5
STEP 6
STEP 1
STEP 2
PAYGRADE:
14
Program Spec . Sr Center $14.54 $15.98 $16.61 $17.23 $17.89 $18.45
Rec Program Supervisor $1,163.20 $1,278.40 $1,328.80 $1,378.40 $1,431.20 $1,476.00
Rehab Officer $30,243.20 $33.238.40 $34,548.80 $35,838.40 $37,211.20 $38,376.00
Sr Construction Inspector
Sr MW - Landfill
Sr MW .. Recreation
SR MW . Streets
Sr MW - Water Dist
Sr MW - Wastewater Plnnt
Volunteer Spec - Sr Center
IS
Associate Planner $15.19 $16.63 $17.26 $17.92 $18.49 $19.12
Civil Engineer $1,215.20 $1,330.40 $1,380.80 $1,433.60 $1,479.20 $1,529.60
Human Services Coord $31,595.20 $34,590.40 $35,900.80 $37,273.60 $38,459.20 $39,769.60
Sr Librarian
Solid Waste Planner
Sr MW . Cemetery
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APPENDIX D
Reclassification Procedures
Section 1. Purpose
The Job Evaluation Cornmittee will be responsible for maintaining fair and equitable
classification of all AFSCME positions, for classifying new AFSCME positions, and resolving
disputes over position classification.
Section 2. Evaluation Instrurnent
The Cornmittee will use the Waters evaluation instrurnent used in the 1993 study and shall
have responsibility for modification or interpretation of the evaluation instrurnent.
"
Section 3. Cornmittee Membership and Structure
1.
The Job Evaluation Cornmittee shall be cornprised of eight mernbers, four to be
selected by the City, including the Personnel Administrator, and four to be selected
frorn the Union. Mernbers will be selected based on their knowledge of a wide range
of City jobs and operations. The Union will select its representatives to the
Committee, subject to the City's ability to excuse the individual employee from his/her
duties for the length of tirne necessary to accornplish the Cornrnittee's objectives.
Selection of Union representatives will not be unreasonably denied.
Section 4. Meetinqs
1. The Cornmittee will rneet as necessary to hear all position reclassification appeals by
employees, at the call of the Personnel Administrator, normally no later than 60 days
following submission of an appeal.
2.
Committee rnernbers will be compensated for all meeting time during the ernployee's
regularly scheduled working hours.
Section 5. Rules
1
,I
1.
All decisions of the Cornrnittee, except where otherwise noted, will be considered to
be passed upon a simple rnajority of its mernbers, which shall constitute a quorurn
(including the Personnel Adrninistrator).
~
2.
In the event that the Cornrnittee is unable to achieve simple majority approval of any
specific classification or cornpensation decision, classification or compe~sation of the
position in question will remain unchanged.
3.
The Personnel Adrninistrator may vote in place of any absent Managernent Comrnittee
mernbers. The Union officers may vote for any absent Union mernber.
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D-2
The Job Evaluation Committee may waive, modify or arnend any of the sections of this
article as specified, upon unanimous vote of the Cornmittee. The Cornrnittee shall
determine all other necessary operating rules and procedures.
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No new pay range or classification adjustments will be made without approval of the
Cornmittee.
Section 6. Classification Apoeals
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1. Ernployees will be inforrned of the procedures for appealing the classification of a
position.
2. An ernployee rnay only appeal the classification of his/her own position. Appeals may
also be rnade by a group of employees all holding the sarne job title.
An employee or group of employees appealing the classification of a position will
complete and submit inforrnation as requested by the Cornrnittee.
Employees will be allowed to rnake an oral presentation to the Job Evaluation
Comrnittee, within tirne limits irnposed by the Comrnittee. Oral presentations will be
rnade in closed session if the employee so desires.
The ernployee's supervisor or other Administrative ernployees may be called for
questioning by the Comrnittee at the request of the Personnel Adrninistrator.
6. The appealing employee will be compensated for tirne spent in the Committee rneeting,
except that if a group presentation is rnade, only two ernployees will be compensated,
7. Classification appeals rnay be initiated by the Personnel Administrator. Ernployees in
the position being appealed will be given ten working days notice of the appeal and will
be entitled to all rights as outlined in this section.
8. Comrnittee deliberations will be conducted in closed session.
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Section 7. New Positions
1. Newly created positions will be classified by the Personnel Adrninistrator initially, with
the classification of the position reviewed by the Comrnittee six rnonths following the
position being filled.
Section 8. Salarv Adjustments
1. No new salary ranges will be created except for labor rnarket impacted positions.
2. If the classification of a position is decreased, the salary of affected employees will not
be reduced.
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Employees in positions found to be under-classified will receive a salary adjustrnent
equal to:
a. the minim urn of the new salary ran~e, if below the rninirnum, or
b. a one-step increase (step to be defined as the percentage difference between
steps in the new salary range), if salary will fall on or below the rnaxirnum of
the new range.
Section 9. labor Market Adiustments
1. Salary inforrnation will not be considered in the classification of a position.
"
2.
Compensation of a position rnay be appealed by the affected ernployee, or group of
ernployees, to the Comrnittee utilizing the procedure in Section 6,
3, In the event that salary maxirnurn of a position is shown to be under-paid by at least
15 percent (15%) based on relative cornparable positions in other cities (provided a
minirnurn of four cities report comparable positions), the Job Evaluation Cornmittee
rnay vote to temporarily assign the position to a newly created salary range. If less
than four cities report comparable positions, the newly created salary range increases
shall not exceed 15 percent (15%). Special grade assignments will expire at the end
of every fiscal year. Salary survey evidence will be based only on a survey of
comparable positions in the top ten cities (by population) in Iowa and may be
presented by either Managernent or the Union. (Example: Electrician, Grade 8, Range
$1,000-$1,300, 15 percent off the rnarket rnoved to Range 8A, $1,150-$1,495,
Range width rernains the same, salary rnaximurn increases by survey average.)
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and presented to the Committee. The ernployee may also present salary information
conforming to the above survey criteria !information to be gathered on the tirne and
at the expense of the employee). ,
Section 10. FundinQ
1. Reclassification decisions of the Comrnittee will be effective the first day of the next
pay period following City Council approval,
Section 11. Impasse Procedures
1. The actions and decisions of the Job Evaluation Cornmittee shall not be subject to the
grievance/arbitration procedure of any collective bargaining agreement.
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1.
Preservation of the integrity of the evaluation systern necessitates that information
regarding the rating and point value of the specific evaluation questions be limited to
prevent manipulation of those points. No rnember of the Job Evaluation Cornmittee,
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Section 13. Citv Council Aooroval
1, All decisions of the Comrnittee are subject to the approval of the City Council and
availability of funding prior to implementation.
Section 14. Duration
1.
The parties understand that this procedure is a continuation of an experirnental
program and is itself experirnental. This procedure shall be used to determine
reclassifications during FY95-96 and then shall becorne null and void. This procedure
will be continued in effect thereafter only by mutual agreernent of the parties.
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APPENDIX E
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CONTRACf SIDE LEITER ON LffiRARY SCHEDULING
After staffing needs for public service areas have been detennined by each department, permanent
schedules for these areas will be bid on three times annually to be effective January 1 to May 30, June
1 to August 31, and September 1 to December 31.
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Seniority will be used for the purpose of allowing employees to choose those weekends, those nights and
those 9-6 shifts that they do not wish to work. Each schedule period the senior employee in each
participating department will indicate those nights, weekends, and 9-6 shifts they do not wish to WOlle,
The second senior person will choose next, etc, Each employee will work a similar number of weekends,
evenings and 9.6 shifts during the schedule period, If supervisors participate in evenings, weekend and
9-6 shift work on a regular basis, their seniority will be used to decide their place in the selection proces~.
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In the event that the Library staffing needs can be met without the necessity of scheduling all employees
for a regular night or 9.6 shift, the senior employee who has not rejected night or 9-6 shift work for a
previous schedule period shall have first choice in turning down night or 9-6 shift work for the next
schedule period. When all employees have been offered the first choice, then the first choice reverts back
to the senior most employee.
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In the event an employee desires weekend, evening or 9.6 shift work that employee will be given
preference for that work provided it meets the needs of the department.
There shall be no regular split shifts except by the agreement of the employee involved.
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AMENDMENTS TO CONTRAcr SIDE LE'ITER ON LffiRARY SCHEDULING
Library employees may request to work 6 partial days; for example. one-half day on Saturday and one-half
day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people
within one department electing the option to make it viable, For permanent full-time library employees
who elect this option. work performed on the 7th day of the work week shall be considered overtime.
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Library employees working scheduled overtime on Sunday will have the option at the beginning of each
permanent scheduling period to designate whether the time will be taken as compensatory time, or paid,
at the rate of one and one half hours for each hour worked. Compensatory time off can be changed
through mutual agreement at the same time and in the same manner as other scheduling or leave changes.
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Employees who wish to change their option of payor time compensation within a scheduling period may
submit a request to their supelVisor in the same manner as other scheduling and leave changes. The
Library will honor requests of this nature whenever staffing and fmandal resources permit, with the
understanding on both sides that no reasonable request will be unreasonably denied.
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APPENDIX F
LETTER OF UNDERSTANDING
It is understood between the parties that the purpose of this letter is to define what constitutes abuse of
sick leave and to describe the mechanism which is used to advise employees that they may be abusing
sick leave and may be subject to disciplinary action. Any disciplinary action is subject to the contractual
grievance procedure. This letter will be appended to the agreement between the parties and shall remain
in full force and effect during the contract period.
The Human Relations Department will maintain records of the number of occurrences of use of sick leave
for each employee. An occurrence can have a duration of one or more consecutive days, and may involve
use of sick leave for an employee or for a family member (as specified in the Agreement between the
parties).
An occurrence occurs for an absence resulting in use of sick leave, or upon the exhaustion of sick leave.
use of paid or unpaid leave in lieu of sick leave where a doctor's verification is absent.
The following are specific exclusions as occurrences:
,
1. Any occurrence which includes hospitalization or outpatient surgery.
2. Absence due to on-the-job injury.
3. Any medically verified medical or dental absence.
4. Absence resulting from the employee being sent home sick by the City or receiving pennission
to work a partial workday as part of their recuperative process.
5. Use of sick leave to supplement funeral leave.
Chronic illnesses which adversely affect the employee's ability to perform regular duties will be dealt with
on an individual basis and will be treated as an exception from determination of excessive use of sick
leave, provided medical verification of the chronic nature of the illness is submitted.
The employee may be asked to submit documentation to substantiate doctor/dentist appointments,
hospitalization, surgery or chronic illnesses. Doctor's or a dentist's verification is intended only as a
vehicle by which the City may scrutinize those cases where sick leave abuse may be suspected, To keep
employees apprised of the number of active occurrences they have accrued, a letter will be sent following
the fifth occurrence notifying the employee that he/she has five occurrences.
The following schedule will be used in detennining abuse of sick leave and the appropriate corrective
action.
Number of Occurrences
ReQuired Aclion
6
Oral reprimand.
7
Written reprimand.
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Occurrences over 11 in a base period may result in more severe disciplinary action.
The following cleansing features will apply to determine the number of active sick leave occurrences an
employee has on record.
1.
Occurrences older than 365 days are made inactive.
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Following each 60 day occurrence free period. the oldest active' recorded occurrence will be made
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Each 60 day occurrence free period may be used only once to inactivate a recorded occurrence.
60 day free periods may not be stored up and used to inactivate future occurrences.
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4. The date of the occurrence will always be the last day of the pay period in which the 9ccurrence
began. Pay period date is used due to computer data entry limitations. Actual dates of
occurrences can be obtained from time records.
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APPENDIX G-I
MEMORANDUM OF UNDERSTANDING
City of Iowa City
and
American Federation of State, County and Municipal Employees
AFL.CIO, Local 183
Re: Article XVIII Clothinl1: and Eauipment, Section I
Having met and conferred regarding bargaining unit personnel in the Police Department who are required
to wear uniforms; specifically, Animal Control Officers, Community Service Officers, and Police
DispatcherslPolice Desk Clerks, the parties have agreed to waive the provisions of Article XVTII, Section
I in lieu of the following:
A. The above referenced employees who are required to wear special uniforms will be provided with
such uniforms, Required uniforms currently include the following,
1. Community Service Officer
a. Six winter and six summer permanent press regulation shirts,
b. Four pairs of regulation trousers.
c, One winter and one summer regulation jacket.
d. One regulation raincoat.
e. One regulation pants belt,
f, Three regulation ties.
g, Regulation hat/cap,
h. Two pairs of regulation winter gloves.
2. Animal Control Officers
a.
b.
Six winter and six summer permanent press regulation shirts.
Six pairs of regulation trousers.
One regulation jacket.
One regulation raincoat.
One regulation pants belt.
Two pairs of regulation winter gloves.
c,
d.
e.
f.
3. Police Dispatchers, Police Desk Clerks
a. Six winter and six summer permanent press regulation shirts.
b. Four pairs of regulation trousers.
c. One regulation pants belt.
d. Three regulation ties,
B.
Upon submission of receipts by an employee, the City shall pay for the cleaning of uniforms or
for the purchase of regulation shoes related to employment up to a total annual allowance of one
hundred dollars ($100) per employee. Receipts shall be submitted to the Chief of Police or hislher
designee by the first day of the month and shall be paid by the City within 30 days. This
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APPENDIX 0-2
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provision shall be applied retroactively to July 26, 1990, provided that receipts dated prior to
March 15, 1991, shall be submitted no later than Apri115, 1991.
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C.
The expenses of standard tailoring for proper fit upon issue shall be paid for by the City.
D. Reolacement:
1. Clothing damaged in the line of duty shall be ordered within seven days of receipt of the
report of loss or damage.
2.
All unifonns shall be replaced by the City as needed upon the determination of the Chief
of Police. In order to receive replacements, the items to be replaced must be surrendered
to the designated supervisor. This clothing shall be ordered within seven days of receipt
by the designated supervisor,
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Parties understand and agree that the above unifonn items shall continue to be provided by the City as
long as they continue to be required unifonn wear as determined by the Chief of Police,
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APPENDIX H
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF IOWA CITY
AND AFSCME LOCAL #183
JULY 1, 1994
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For the City:
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The parties agree as follows:
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Treatment Plant Operators - Wastewater Treatment Plant, will continue
to receive shift differential based on the practice in effect on January 1, 1994,
provided the then current schedule rernains in effect.
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SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF IOWA CITY
AND AFSCME LOCAL #183
JULY 1, 1994
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The parties agree as follows:
At mutually agreed upon times during the 1994-1996 Contract, the
investigation and discussion of on-site childcare and/or .childcare vouchers will
be considered a proper topic for consideration by the' Labor-Managernent
Committee referred to in Article XX, Section 5.
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For the Union:
For the City:
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SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF IOWA CITY
AND AFSCME LOCAL #183
JULY 1,1994
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The parties agree as follows:
The job classifications recomrnended for an upgrade as a result of the classification
study will rnove to the new paygrade effective July 2, 1994. Employees in those
classifications will rnove to the new paygrade on that date.
Ernployees at step 6 longer than 12 months as of July 2, 1994, will receive an increase
equal to 3.5% in addition to the across-the-board increase of 3%, provided that no ernployee
will receive a wage rate that is lower than Step 1 or higher than Step 6 of the new paygrade.
Thereafter, employees previously at step 6 will have a new eligibility date which will be the
first day of each fiscal year.
If an ernployee was placed on Step 1 or between steps 1 and 2 of the new paygrade,
they will be eligible for a review and increase on the earlier of their current annual evaluation
date or a new annual evaluation date of January 1. These employees will be eligible for the
greater of 3.5% or step 2 at that time.
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Following irnplementation of the study, for ernployees above step 2 but between steps,
future step increases will be equal to the % difference between the next lower and the next
higher step. No employee will have a wage rate higher than step 6,
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Ernployees currently (as of July 1, 19941 in positions being downgraded will be treated
as if their classification has not been changed. They will continue to receive all negotiated
across-the.board increases, as well as step increases where applicable, as long as they rernain
as an employee of the City in their current position.
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Positions being downgraded are as follows:
Position Old Range New Range
Sr. Maintenance Worker - Water Distribution 15 14 if
prograrn Specialist - Senior Center 15 14
Sr. Maintenance Worker-Wastewater Treatment 14 13
Maintenance Worker III 9 8
- Wastewater Treatment Collection
Buyer I - Purchasing 6 5
Senior Library Clerk (3 positions) 4 3
Maintenance Worker II . Government Buildings 4 3
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