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Home My WebLink About1994-11-08 Resolution ;",' ;i:lllmll" , " , . '-':~ ,~:-".l.. ',i -, . ...',,~~ '.'-" , i, ~~) :~ ;' , , ..--....- (L\ \l,c ,,~l K__ I If d , (: ~, \;'; I" :.It',~" - ~ ' ,L '., , ',n", 'j " , , '",.... . ,'~ , J~' " ... , , . ", " '1')hJ RESOLUTION NO. 94-335 RESOLUTION ACCEPTING THE WORK FOR THE LIFT STATION AND FORCE MAIN IMPROVEMENTS FOR WINDSOR RIDGE - PARTS ONE, TWO, THREE AND FOUR, 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, Lift station and force main improvements for Windsor Ridge - Parts One, Two, Three and Four, as constructed by Maxwell Construction Inc. of Iowa City, Iowa; and WHEREAS, a maintenance bond has been filed in the City Clerk's office. 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. I Passed and approved this 8th day of November , 1994. ~~~0'~~ Approve b ATTEST:~~~~ ~ ftr r~f ,I' It was moved by Pi gntt and seconded by adopted, and upon roll call there were: BahT' the Resolution be I AYES: NAYS: ABSENT: x x x X X J{ X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pWDng\llft6ln,rDS ~(,S1 'J" -'f ."~'."o, :il."', ,~! t i , , " ' " "\\,'F:;;";:;:':;:'.-;'\~"::::i '--::~-..:,'7""""'--I'~":""'''' ,'. I :~:;;''; ',.. ",. ".' " ,?$'O, ';-1-,', - , ..', ..:' ",:', . :'--," "'-' ~ " ';"';';':" r., $11:,.",,;;' .-' ,_',..' ',;: ~':" ' I ., , ,1 , --\, ~ ,'"",-, " ,;'y;,;i-\,.. , ,::,~ '~o.:., f" .'f'; . ~~'0 ~:. ; ~&... CITY OF IOWA CITY ENGINEER'S REPORT October 31, 1994 \ Honorable Mayor and City Council Iowa City, Iowa Re: Windsor Ridge - Parts One, Two, Three and Four 10 " Dear Honorable Mayor and Council persons: I hereby certify that the construction of the lift station and force main improvements for Windsor Ridge - Parts One, Two, Three and Four, has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office for the lift station and force main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. " ( \ I recommend that the above-referenced improvements be accepted by the City of Iowa City. ,I .. I" ,,~ i i Sincerely, /7 ~.tJfjd6 I Richard A. Fosse, P.E. City Engineer ! Ilwona\lirlsln,or , I i , I I ~ \[ , , ~ 1:' ~ ~:, 1', 410 EAST WASIIINOTON STREET' IOWA CITY. IOWA 52240-1826. (1I9) 356.5000. FAX (319) 356.5009 , ~ " - ~(os 1 - l...."T"';;'T""~".._,--c._.....__..,--_..,-'-'I" ' ,: '" ,', ' .... ,:",', :"~"<',: "!"""'.":',,~,:,\~,~:,.', ",,:,::,:,:,~,,":\ ,0;: \/':""'; ":,~":" ,,' """"';;~.: ' oxy" '.,', ,', '" " " /'5 '[., -.,", i ',,0 , ~ ,I ~~,:. ,~' .- "I,' , ,,~; :\." , ,. , " , , ., " ., "':"'t.:' ': "', \\'l,~ ' ",."-,:-,,;, ;~. " ".~( I;, ~ " "'..; ..' " 'f . ~~\ ~\)J " t .~,' -'- \ \ ,~ r.~~ i, r' , i I ~ II i I i I i !~, l( l ,:(~~ ',..',):'" \.~: ~:::,:! ',',",':', ~,~'.;', , :1",.,.", ::~,""""'C,,_,." r I , RESOLUTION NO. Q4-W; RESOLUTION ACCEPTING THE WORK FOR THE ROHRET ROAD RECONSTRUCTION PROJECT, PHASE 1 WHEREAS, the Engineering Division has recommended that the work for construction of the Rohret Road Reconstruction Project, Phase 1 as included in a contract between the City of Iowa City and Metro Pavers, Inc., of Iowa City, Iowa, dated July 11, 1994, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 8 th day of Novemhpl" ,1994. ATTEST: 7?~~..."J f. .Jd~ CIT CLERK Al~~~. ~S- jAAYOR Approved by ~tI~ lQ Ci y Attorney's Office ~/. IpjfV ?~: , , i ,,' It was moved by Pigott and seconded by adopted, and upon roll call there were: the Resolution be Knhhy AYES: NAYS: ABSENT: .1, x X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton x pwcno\rohrclrd,r05 ~(,sr h' ~\ /5 10, 110I_ <, ~- __, ''':1>:- )" .;,: ',''', 0; ,:)'\: .. -,;., ':,;~, , ' . ' ~'~'i,. '_', 1, -!lil\lll!I, ' ">,,,"" ,,-:,.',';-: " .,., ': ~" . "'::_",:,;.:t , , , ' " ",~ :' I , , '. .:',-"'.,' ',I~ " : ',~, \ \" I j , ..',','1 ';,. . )~~ ') ~&... CITY OF IOWA CITY ENGINEER'S REPORT November 8, 1994 -;., Honorable Mayor and City Council Iowa City, Iowa Re: Rohret Road Reconstruction Project, Phase 1 f'.l ' ID I Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the Rohret Road Reconstruction Project, Phase 1 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The final contract price is $421,985.00. , 'i n li';;~~ ['-,I \ I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, .! ' ;~ f I I II 124fJ~ Richard A. Fosse, P.E. City Engineer pwcno'rohrclrd,cr I I i I, II If'. ',\ .' ~ , , 410 EAST WASHINOTON STREET' IOWA CITY. IOWA lI140.1I16. 1l19) 3l6.l000' FAX 11I9) 3l6.l009 '.,,(,',' 'E~- ~"'-'P' r ~~S I~,ij -,-,,:':c''''''''''~''-''-''''''7r''''"'"~'''''--''-''r'''' '" .. f ", .q"2~J;!:.;(;""\:'>:,;':'i.'"" "')510, :((~~_? ','. . ,,",:" ',','"""".'i ";"~,,,:,.'" .dJI ,'";, ....._.,',,'-' 'J~~S ',~ -, j, ~' ,. J~~l rL \ .~ r,''f'l I ' ~, I ~, I , ~0. l ~ 'l~ C---,' ~';U~4 ,! 0 \. '---- . ',"-'1':-,' ,'\, , ,'::'.'~:<,.:. , , ",.,t\"", " ,'" ", .. , , '~, , , ",~. " , I'; , ..' . , fY\d-'J'. RESOLUTION NO. 94-337 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR WILD PRAIRIE ESTATES SUBDIVISION, PARTS 1 AND 2, 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 Wild Prairie Estates Subdivision, Parts 1 and 2, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Wild Prairie Estates Subdivision, Parts 1 and 2, 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 8th day of November , 1994. ~~ ~.cth.-AJZS- rV1A YOR - by ATTEST: ~",/U').f: ~ CIT ,CLERK It was moved by Pigott and seconded by R~k"r adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: 11 Baker x Horowitz X Kubby X Lehman " X Novick X Pigott X Throgmorton pwong\wlldpror,ros ~7~~ T .. ~~S', ,1:, J, ,,',...-'--.'...'."'..'--......'..."...-..'...........".....1-..' 'I' ,'" '," ",,,'{",,..,...,," " " ," " ,'",' 0 ' :.' ,'O"':;,;,",.}',, \',;(<',',".",'" ::~:i,\ ,.:""."",,,,,, ')~: .(' "..r, ..,~:?;'",':,;:'.' , ",:,' ,1.- .....:, '", ./ , ,-' , ;,.1 , ~ ~:,,:::': .-: ' . ;, ~~;~/<'J;?:" . ,~.- , '::'_ ,~,,, ....'_".. ,c: ,~..,.._....:"" _...~: __'~~:~::.__:_,_,_~~~~,~~"_.~:~_..~;,:"<.",,._~_=,.,."~:~,... c,.~...~ _ ,... ,_,,,' '~. ,,,Ie ",,',," , '"...~": ..,,,,,,.,,, ENGINEER'S REPORT ," I] ~~rS) ] '"'\:,&.. CITY OF IOWA CITY '., ' , , I I November 3, 1994 ,-; " Honorable Mayor and City Council Iowa City, Iowa RE: Wild Prairie Estates, Parts 1 and 2 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer, storm sewer, water main, and paving improvements for Wild Prairie Estates, Parts 1 and 2, have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer, storm sewer and water main improvements constructed by Maxwell Construction Inc, of Iowa City, Iowa. G> [I " " c \ I recommend that the above-referenced improvements be accepted by the City of Iowa City, '""" y,~~: "c I', I I i ~ i Sincerely, /7""j1M Richard A Fosse, P.E. City Engineer , ,I'. I, I j ~ Ilfil: , 1 \ \ I ~j; ., ,- ~ t~:'''~ ~t 1 , , ' 410 EAST WASIIINOTON STREET' IOWA CITY. IOWA 52240.1126' (319) 356.5000. FAX (319) 356.5009 / ~CtS , = ~J"'-""""-'''-'''''''''''''''''''''''~'--~'-''-''''''''''''''''''I~' '"I, 0 ' '~' '_' ': ":,T.",,,',', ",.,-'".,..",' ,,'< 0,' > ",';;,,/':':,""':\'" 'i,";':'" ','" ,..,;iit:: , . , :" ""':"'.':\,:':,'", : ,'" .. " " " ','" , '.-,] , ___="""-"'."'\':'~.""(','_~iY:,:,,:i::,,::,;'i,:'r':; ,,': ,,".. '.' ;",\~" o:\lI1ldprane,rep I '. 10,' .., :~,;.., ';',," ..', ,~. ,m;il~ ,,--.j' '0;C~r ( \ '. (,1 I , , I , ~ ~'!i' 1\ lit t" ~~~O """',.:"'1>5 10', " ',r"j . ' I,':,>.:'.' ',I.t,,; ,..\1.\ ,~. , " " " "'-,;' ~ . '~... . '.:: , . , ,;," ~,c, "'"'.''' ,,_..,-,,";'''; '.-..__ ...',~ ...,:... "_"___~:4.~'",''''':~_~~'~~'''~':''''_~'_'''~~_:'''~~''''''~;''~.....'..... ......~'-__.~',~~__ .._,. I"'~+d RESOLUTION NO, 94-338 RESOLUTION AUTHORIZING EXECUTION OF A PRIVATE SANITARY SEWER SERVICE LINE EASEMENT AGREEMENT FOR CONNECTION TO CITY PUBLIC SANITARY SEWER BETWEEN ORRIS V. COOPER, JR., AND TIMOTHY R. SHIPE AND THE CITY OF IOWA CITY, IOWA. WHEREAS, Orris V, Cooper, Jr" a single person, is the owner of certain property located in Iowa City, Iowa, with a street address of 429 Ronalds; and WHEREAS, Timothy R. Shipe, a single person, owns adjacent property, with a street address of 423 Ronalds, in Iowa City, Iowa; and WHEREAS, this area contains several private sanitary sewer service lines which criss-cross various properties in the area, some of which are located under other properties including residential structures; and WHEREAS, these private sanitary sewer service lines have experienced considerable backups of late, with resulting concerns for health, safety and property values; and WHEREAS, after review of this area, the Iowa City Public Works Department has determined that the City should participate in resolving some of the private sanitary sewer problems by way of a public improvement project, with the owners paying their fair share of the costs; and WHEREAS, since 429 and 423 Ronalds Street now share a private sanitary sewer service line, without any formal easement agreement, the Iowa City Public Works Department and the City Attorney now find it in the public interest to have Cooper and Shipe, as owners of 429 and 423 Ronalds Street, respectively, reconfigure their private sanitary sewer service lines in order to avoid further problems with maintenance and backup, and also that these two property owners shall enter into a permanent easement agreement, with the City as a party, as a condition precedent to the City's permitting connection to the new public sanitary sewer line and manhole to be constructed along Van Buren between Church and Ronalds Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1, The private sanitary sewer service line easement agreement for connection to City public sanitary sewer between Orris V. Cooper, Jr" Timothy R. Shipe and the City of Iowa City, Iowa, attached hereto, is in the public interest, and is approved as to form and content. 2. The Mayor is hereby authorized to execute, and the City Clerk to attest, the easement agreement on behalf of the City of Iowa City, Iowa, for recordation in the Johnson County Recorder's Office, at Timothy R. Shipe's expense, ~c~-:-"'n,_.~=--' ~~ ,'~~ OJ1~': ..',..' .--..- I I ., ..' , .. 10 '...., ,'.-, ',~ ',' : . ..,..,c. . ;,,; mm' " , 'it'" , ~.' / ' " .-...,- .c~~ C~"l \~'i ,~t r'''-,'- \ ~,i \1; ~,ii " ii , I ! I [I t I, I, 1\ t I' I~'\ 1\", l" I ' I ,', , ,/' \, ," , it-"",' , ~" ,. C-' ,l,", 0 " " <\', ' , , , :". '~.. '-..'~"_;'."";':~;~~":">'~~"';'_~"~:...c....'!~,~'~..._,.., ' ' Resolution No, 94-338 Page 2 ','] .' " , . , ,'.. ... . - ' .. --'," -. ".., '.', . ' " '. " .... ,...__..'~--,--..,.---.__...._,~._..,---'..... , .' ._'.' _,,_,_,___~,,-----::~__-'-~.u;...~.._.":',_A__ Passed and approved this 8th day of Novemher , 1994, ATTEST:~ ~ .):/MJ CI 'CLERK Jk.,.. h" 1!n.w!J . Iv1AYOR - ' ~ed bl'-j .f / . ~ ~xn/t/Ht' ity Attorney's Office II"yf ~ It was moved by Pi gott and seconded by Baker be adopted, and upon roll call there were: AYES: 1( x x x x x 1( legal\Shlpe.ros -~- the Resolution NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton I ..' " '---" I I i '\ 1 I I ~ 4.0(,0 ~~"..~ ""0'" ,\,)",',''-'' .., -,'", ' '. . .". , ,,~~""':' , ~~, r ..... ,un.';.:' , ,"',..,'.,"..",.','...-,_..", . 'I" '.."I ,,'..',\, ii' . _..'~...' , , \, 0, ',;', ", " ;2;ib~JiJ.\: 'r~'i' ., .,> , ,"',.,. ,'.h\'j:; " '. "".",:.. "~ "..'.J'" " '.'T' .'" ',...~j ".. , f" " ~' . . ",..,-.'-..:'-."-',,,~ , , " ' ' '..,~~.,..'... ,--,~.,.~""...__;,":..: ....1.. :~ ',~:, . :,' .. ,'__,~....:.:.:..__~~...~,._;...:.,.... ':"~'';'''''h''':~~'.''''''''_'.~':''''~ .._._--:._,...:.. ..._,._~.__~',__...A.,__.,__. HI , I , " :; . I , <' PRIVATE SANITARY SEWER SERVICE LINE EASEMENT AGREEMENT FOR CONNECTION TO CITY PUBLIC SANITARY SEWER This Easement Agreement is made between Orris V, Cooper, Jr., a single person ("Cooper/ Grantor/Lot A"); Timothy R. Shipe, a single person ("Shipe/Grantee/Lot B"); and the City of Iowa City, Iowa, a municipal corporation ("City"). -"-'\' WHEREAS, Cooper is the owner of certain property located in Iowa City, with a street address of 429 Ronalds, and to be referred to herein as "Lot A;" and WHEREAS, Shipe owns adjacent property, with a street address of 423 Ronalds, in Iowa City, ", Iowa, hereafter to be known as "Lot B;" and WHEREAS, this area contains several private sanitary sewer service lines which criss-cross 9 I various properties in the area, some of which are located under other properties including ,r;-o l' .\: c-.\ \J, ':1 ~, (H1 I , i ~ ! residential structures; and WHEREAS, these private sanitary sewer service lines have experienced considerable backups of late, with resulting concerns for hcs!tl" oafety :md property values; and WHEREAS, after review of this area, the Iowa City Public Works Department has determined I i i i ' II~:' .. , , ~ that the City should participate in resolving some of the private sanitary sewer problems by way of a public improvement project, with the owners paying their fair share of the costs; and -~, ~lD~O , ~;' Gi'..":~~~__ - ~ ~I-:~ - ~,--l\: "...: ""1..';:, " c.:. ,~ ,,) 10, ."... ~~'r,: ". ,~ " , " '" . ."'~'.~i;,;'t::~, '. ,,' '". ..' ',' ',:_:, "", " , ,-' , , . 'f, I.';, ' _," , .,,-" ::, " " " .,..,. _..; '"..-., ',... "..'.-, ~,_,.,,_',;"'~:, _.:... c.. __,.. :..h.....__....~....,',..,,_~,.~,.,~.;"""-'.~~,.U_-'-"~~"~,...,W~'.... ..,_".,..'-...'~ ,. ,~,._...........,'..,,_,. ~.. '."... ~'..~" ,.."~,...~,._,__~",...,_..-..~,,.._..____..., ;n_,....:.......__ ' - 2. WHEREAS, since Lots A and 8 now share a private sanitary sewer service line, without any formal easement agreement, the Iowa City Public Works Department and City Attorney now find it is in the public interest to have Cooper and Shipe, as owners of Lots A and 8 respectively, reconfigure their private sanitary sewer service lines in order to avoid further problems with maintenance and backup, and also that these two property owners shall enter into a permanent easement agreement, with the City as a party, as a condition precedent to the City's permitting connection to the new public sanitary sewer line and manhole to be constructed along Van 8uren between Church and Ronalds Streets, NOW, THEREFORE, in consideration of their mutual promises herein, Cooper as Grantor and owner of Lot A, Shipe as Grantee and owner of Lot 8, and the City of Iowa City, Iowa agree [@ as follows: 1. Cooper, a single person, i'i owner ofthe following described property located in Johnson (" County, Iowa, hereafter described as "Lot A:" ., ',-J f:~ "Commencing at the northeast comer of Lot 1 in Block 51, in Iowa City, Iowa, according to the recorded plat thereof, thence south 100 feet, and west 40 feet, thence north 100 feet, thence east 40 feet to the place of beginning." 2. Shipe, a single person and Grantee herein, is the owner of the following described property located in Johnson County, Iowa, and hereafter referred to as "Lot 8:" I I ~ " ",~\" ~~ \ ~f ~i,"O ',((,. - _, 0 __U ,- '~~, -- - o ,j-:: '" 1/),10, . ' , " , '--t':. ", ' , ~m1i:,o;;,): .-;;.<>,u.t', ..' .r~ C \ \1 \.: ,..J~ 1 , , Ii ! I I i I l'lii'l 01 ~ ~l) , (' 1", :~,'~'.:'~\',' il~~' , f,', ~ 1'''_ ,~. L."""" ,(' - 0~ \ "': . ,,' . ~. , ":~t~,'~V/ "'-, "-". '~. "'..;', , '''''' . , ,. ,',' ,,,--~....',;,;-~'",,';''\.' .~ ", - " , ," .",",' , ",'-" , ' ;" ,~'..-._ ,__' ~ ... _.. ,. ,_._~_~~.. ~._ ,.....,H-"'''#~.,'._,... ',,,.... .~~~.....~,-"""'..';,..".~ ...", .u~""'~,~. ,... _ ~_.,_ ,__.. . ,.. -. ._, ..' .' - ,..'~ '.-...-"...._-~-...- ~.__._._.......,,'_._:..., " ~(,,,o I,:'j ~O" - 3 - "Beginning at a point 40 feet west of the northeast corner of Lot 1, Block 51, in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa, thence south 1 00 feet, thence west 40 feet, thence north 1 00 feet, thence east 40 feet to the place of beginning," 3, Cooper, Shipe and City agree that there is an existing private sanitary sewer service line located on Shipe's property or Lot B, which now runs along Lot A in a southerly direction, and that Lot B has experienced numerous backup problems which create health and safety problems, and that it is in the public interest to resolve these problems with City participation, 4. In order to resolve these existing problems with private sanitary sewer service lines in this area, the City agrees as follows: a, Cooper will grant to Shipe a permanent private sanitary sewer service line easement of a width of 15 feet and centered along a line across Lot A, beginning at a point 29 feet north of the southwest corner of Lot A, thence to a point 15 feet east of the western boundary of Lot A and 20 feet north of the southern boundary of Lot A, thence east to the eastern boundary of Lot A, at an approximate depth of 8 - 10 feet, which will be for the beneficial and perpetual use of Shipe or Lot B in order to transfer sanitary sewer or wastewater from Lot B, across Lot A, and to connect to the new public sanitary sewer line to be constructed by the City along Van Buren Street. - - , -~ '- ,=, .dk., ,'0_);::' I I ,1 .. ~~~),', ~ :\, " ~ \", I .' " , "''-.,.' '\1 , '. . ",' '\t' . , ,.,.\\1,1.' , ",., .-:.. , .. ',' ,.:. 1 ," . \, ' :~';': ,;: ,: -.. ,~.. " ,'" ~ ..,.: , ' :~', '.,:, :';'_~,"(. '~;"~,;,,,...~ ,,;.;_~~,.:.::, ':""""'" '_~~~~,",..~ .\oil;.', ,,,. ....~.~".. ,_ ...;..,_~." ~w...;,:,:~ ._'" .{.::,~, ,.~....... .;~: ,'.' ~ ,.::':....~,__,_.._ .. _ . - 4 - b, City agrees to install an 8" sanitary sewer and two manholes running along Van Buren Street right-of-way, to be constructed by the City during the spring and summer construction season of 1994, c. Upon construction of the public sanitary sewer line, the City will permit Shipe and d. ,l r~ \ ~ v,... "( Cooper to install independent private sanitary sewer service lines to connect into the new public sanitary sewer, subject to Shipe/Cooper obtaining the appropriate connection permits from the City of Iowa City, Housing and Inspection Services Department, all as required by City ordinance and regulations pertaining thereto. The City agrees that as a condition precedent to the City's installation of this public sanitary sewer line and manholes along Van Buren, that Shipe and Cooper will enter into this private sanitary sewer service line agreement, and also agree to pay their appropriate fair share of the costs, to be determined by the Public Works Department. 5. Cooper, as owner of Lot A, agrees to do the following: f a. To provide a permanent private sanitary sewer service connection line easement I i i I i I i I i !~ \l , '" ~j ~",~ ~ (C'o ~,I.~ ~Co('O '[ , ,,' t;, ,ol. ..J to Shipe as owner of Lot B, as a perpetual and permanent easement area, of a width of 15 feet and centered along a line across Lot A, beginning at a point 29 feet north of the southwest corner of Lot A, thence to a point 15 feet east of the western boundary of Lot A and 20 feet north of the southern boundary of Lot A, thence east to the eastern boundary of Lot A, hereafter "Easement Area," for the --,. - .~-O "),i", ,"', ---..Q f" . 10 ,I 0, ..",:,. " .m~~l" .,....' ,::,'j' .,> ',' '..., " ":~~;,i'i\" ".." ,.J, ',,' "1:', , ;,'.\.' .'<.' . ',"; .1"0'"" ;,', ~'''' , , ,..'.. ,; ".' -;, ,.',:',:i'~ ~;.. ~;".:.::' C';;,:.,~;,~.~-::....~~ I. -"~~.,,,,.,~.,,,, ,,--,,,,,.,.,;_,~~;,,;_ ~~,..,'~,~"., C."''''~:~;''"''''''''''';'''~'''~~~~':''''''4'~:::-':'' .~~._ ___ ,.___,~...._,_ 'A ,. " , , " c (~ \. ~~ If- I I " , , II i I II I, II I I~> I' U I<'",~'", " , , ,> I..~',:j l\ 1:' ~" 1 ~,~\: i '--' (,"",,-,'rr ,~, ',' " 0 ','.. ' 'I, n__ ,..,_ __n_ -~l - 5- perpetual use and enjoyment by Lot B of the Easement Area for a private sanitary sewer service line, in perpetuity. Cooper, as owner of Lot A, agrees that this easement agreement will be recorded in the Johnson County Recorder's Office, at Shipe's expense, and will be deemed a covenant running with the land and with the title to the land. b. Cooper as owner of Lot A reserves the right to use the private sanitary sewer service easement for his own sanitary service line, so long as his use does not materially interfere with Lot B's use thereof, c, Cooper further reserves the right to use the Easement Area in any manner which will not inhibit repair or replacement of the private sanitary sewer facility or any appurtenances thereto, and also agrees not to use the Easement Area for any use which would inhibit Lot B's use of the Easement Area for conveyance of wastewater. d, Upon installation of the private sanitary sewer pipe by Shipe/Lot B, Cooper/Lot A agrees not to substantially change the elevation of the Easement Area, and further agrees to maintain the Easement Area in such a way that remaining cover (e.g. in the event of excavation) is sufficient to prevent the service line from freezing, e. Cooper/Lot A agrees that the grading of the property In the Easement Area shall not be to such a degree that sufficient cover or slope is altered, and further :t(,(,O ...dl~ ~.- "', 01); - " ..' .."I"." ,', c.. /',) 1 i ~ I I 10', ':::-:1 , ,'. ~, ' ~\~" , " f .,-~ c-.\ \ \ \ ~ ',f, I: ~ I . , Ii II , , . , : i I' b I" ~~ 'WI , ! - ,~~.,i {;:- C' it~ (['" ............ , ! 0 'f., ,").' " " '.'. " " , . , '\t' " :, \~ 1.'. . , ~." .. ',:," ", , . '. , . - 6. agrees not to damage the Easement Area in order to ensure perpetual use by Shipe/Lot B. 6. Shipe, as owner of Lot B agrees as follows: a. To install a 4" sanitary sewer service line across Lot A's property, and to thereafter perpetually maintain said private sanitary sewer service line at Lot B's own cost. b, After installation and in the event repair is required of the sanitary sewer service line, Shipe/Lot B agrees to pay any and all costs, and also to pay for any damage to the Easement Area above the private sanitary sewer line and to restore the Easement Area to its condition prior to any repairs. c. Shipe/Lot B agrees to install this private sanitary sewer across the Easement Area to a depth of no more than 8-10 feet, and to properly grade and seed or sod the orea, all as required by Cooper/Lot A. 7. Parties agree that this private sanitary sewer service line is to provide access to the public sanitary sewer for the benefit of Lot B/Shipe, in order to hook onto the public sanitary sewer along Van Buren; that this realigned connection is needed in order to , protect the safety, health and property values in the area; that Shipe and Cooper will be using the same private sanitary sewer easement area to hook their respective sewer lines into the new City 8" sanitary sewer line; and that this private sanitary sewer ..' , ..., ~I,(,() - ~~ 1,_ --. - ~ --_:~' '),,''','','.,. o ' \;' ,";' " ",',;',:" '...'". ) ~1 ""1''''..... '5 ~, , 00.\,' ...,' I) I , ~' 0, --.,:;."" ; :'i h' m~: " t"\ , '_.'~r~;~i,~ ',_.. , ; ~' '-,1,' ", :' , ,'~, . ; " \ ',~. .I , ., ...., ,"., .. ~'~'."... ,-" "- ,_:::-. /~'., ~~:.'-: '''''~';':';~;..::.~':';,~\; t., ;'~~':~'.:'"'':: tl: ..~:; ~ ~-"~,.":~~"'...;,~"_.,,....:~.,.,'-',, ,,:~~, ..~.~,~'L,."....... "~.R.~'~~""'~ ..~:..~':'~~:._.._..___, .. "__,_"~_,,,, a . - 7 . easement area shall be reserved for the exclusive use of sanitary sewer or wastewater service lines, excepting however that other public utilities may cross the Easement Area only if placed perpendicular to the Area, but in no event shall other utilities be placed parallel to the Easement Area or to the private sanitary sewer service lines, 8, Parties agree that this easement agreement shall be deemed a covenant running with the land and with the title to the land, shall be recorded in the Johnson County Recorder's Office at Shipe's expense, and shall be deemed to inure to the benefit of the properties described above, including their successors, assigns and interests, Dated this Rth day of , 1994, Nn'7pmnpr GRANTOR: GRANTEE: ,- .J r--- \ \ I' R.5 CITY OF IOWA CITY, IOWA "~ t:~ ~ ~ Attest: 7lt!'~.A~ ,r: r~A.J Manan K, Karr, ,City CierI< By Approved by: I!': I I lL 1 '- ~~~O C0"-"~ ~. ,..., - :- " '. )'"",..,',,",',:,' " :',' .\,::':, ", ,~ :;, ':' :- , " , :i. ',,',...',..".... 0, "ll~ l I I ..' " I I , i I@ , ,1 'i r. i r,)' ,10, " -,--;"," '. , {:,"j j. ',' ,\t;f,l?;~~,j,:: .. . ',-.,'" , " , .~~, . . . --------~ '-. ", , >,',0 ""'It" ,;;:,-- '.\l:~, ,. .:".. )~" ~ , 'I .'.' . - 8- GRANTOR'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this /9, day of 0 ~ ' 1994, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Orris V. Cooper, Jr., a single person, to me known to be the identical person named in and who executed the within and foregoing instrument, 'and acknowledged that he executed the same as his voluntary act and deed, / '" omcw.lIEAL :Ii" HEIDI I WAGLER ! ' ! ~ PublIC'. or 169977 My C/xlIll. Esp. JUIi818. 1996 Notary Public in and for the 5t GRANTEE'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this J'7 day of Se--pf . , 1994, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Timothy R. Shipe, a single person, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed, ~( \, '., \ \ r~ i v .' i , ! . ! i i I 11 i, I I I ~;!, II \\ ~ . "} ;~\I,';,' I'; , , . ' l.1 C" .--- '0 ',', ;:J" -~,~-~~~----~'" ..,.. '/""" '4", .. ' ~~ ,.. Ilt"U""'I"; , "R ..,~.-n --..- ~(OCoO ~' ],',.. , '" ;' , ,;,,;:';,: 'L',':"; , ,,-,'.., ".""." .",','..-.'.,,'-.,,",,"," .,\ ' "',',:',.', "'0 ' ":',' ',' " ", ~" i) I '~ ['" ,',1: ,J' ""\ .... ..J' :10, . ' , , "'...,... .',_ i.... .:-''-''i"' .:,,',,': 'J::A~.ilj~: : .,:,.;,.,.L":"" , . " , ,'-,,'.', ":",:'."; ':,' . - :~":::::}\~~'if-' . ' ", ~ ,'t' , ','~ ,","1 . '~~', ',:;..:...,', I,' , I \:'.- :','.:,i" " ,," -:", ,,'.. j;'~'''';J''~;':~.' ,;,,',;;,Lj;';:',: ,~,,(':~:L:~di~';;i:;L'!~~i~~~";~;;~'~I,:~r~~~'i~~\.~~L~',~L':~~~~d.'o~~~~L:~;,~:~\>.",,J_,;~~_~,~~~:~~,,__~__ ~ ~ " ~Q\ '\ \. , , ~ 1i''A 'i: ~ (- " 0 . ".1, c.. . " , ..:' . .,. ._,_':"_.,~.,_..~'_:..-.;.,_~,_.~_A_~_~_'..,:::"" J.~(,O' '''''''''''''''''I'i's.:,ld, ',:"" ,....~ , "'-,1' !, "",.-', , - 9- CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) .rl . On this I day of .i]ou,J,.,),,,,,,, , 19 9'1 , before me, 8"",d.,~ , r_-r , a Notary Public in and for the State of Iowa, personally appeared Susan M, Horowitz and Marian K. Karl', 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 (Ordinance) (Resolution) No. 9.lf-..., !J?::.), passed by the City Council, on the ~ +t" day of 1lI>"'dn ~e.... , 1994, and that Susan M. Horowitz and Marian K, Karl' 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, St1>1d.Co../. ~ Notary Public in and for the State of Iowa nlcooper,.. ...... r - " ,'i"'-,-_ _'; ":1',";:' ~'".'_:, ,:,:\1,\:,.,;/: .-~. ' .- " ,',',; ,> ..,,'...........,...' ", - 0, ';,,\', ".' :"'i", ,";--',' i , 1 " '.. ~ ,I ,j I, I I':..','. 5I;;;mm' )(y~ ~ \, \ ,.:;I r:~ i I , , , , i I I~ ! I : I ,,( ~. J ~ " ;"1 ,,' .,> '. "'~t~H', ". ~ , ,,:, \ -. ..' -',..'..J,""-~ ...',._ :,' . -'. , - ''-~-'-''--'''-'''' ;"~".""''',, ,'"..'~,.,.-.,-,'.-_,,~...,',.'..,..._-, ',.. ,.. ..-......._.._"..'....",','.~, -~,.,-.,. r , I RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A PRI TE SANITARY SEWER SERVICE LINE EASEMENT AGREEMENT FO CONNECTION TO GITY PUBLIC SANITARY SEWER BETWEEN ORRIS . COOPER, JR., AND TIMOTHY R. SHIPE AND THE CITY OF IOWA CITY' IOWA. WHEREAS, Oms V, Cooper, Jr" a single person, is the wner of certain property located in Iowa City, Iowa, ~i h a street address of 429 Ronalds; nd WHEREAS, Timothy R. hipe, a single person, ow adjacent property, with a street address of 423 Ronalds, in Iowa . y, Iowa; and WHEREAS, this area contain several private sanitary sewer service lines which criss-cross I various properties in the area, ome of wh' h are located under other properties including I residential structures; and WHEREAS, these private sanitary se er. service lines have experienced considerable backups of late, with resulting concerns for he h, safety and property values; and WHEREAS, after review of this are ,the wa City Public Works Department has determined that the City should participate in r solving me of the private sanitary sewer problems by way of a public improvement project, ith the 0 ers paying their fair share of the costs; and C> WHEREAS, since 429 and 42 Ronalds Street w share a private sanitary sewer service line, without any formal ease men agreement, the low City Public Works Department and the City Attorney now find it in the~ bile interest to have Co per and Shipe, as owners of 429 and 423 Ronalds Street, respectiv Iy, reconfigure their privat sanitary sewer service lines in order to avoid further problems ~ th maintenance and backup, nd also that these two property owners shall enter into a permanent easement agreement, wi the City as a party, as a condition precedent to the City' permitting connection to the new p lie sanitary sewer line and manhole to be constructed ai, ng Van Buren between Church and onalds Street. NOW, 'THEREFO, E, BE IT RESOLVED BY THE CITY CO CIL OF THE CITY OF IOWA CITY, IOWA, t2(: 1, The prillate sanitary sewer service line easement agreem nt for connection to City pUblieanitary sewer between Orris V. Cooper, Jr" Timothy . Shipe and the City of Iowa ity, Iowa, attached hereto, is in the public interest, and 's approved as to form and L ontent. 2, The Mayor is hereby authorized to execute, and the City Clerk to att st, the easement agreement on behalf of the City of Iowa City, Iowa, for recordation in the Johnson County Recorder's Office, at Orris V. Cooper, Jr.'s and Timothy R. Shipe's expense, ~ jj ~~fDO 1,/) , ~O, ~~~~~~' , ., o '), (, "'~~l~'~'" :- 0 ._-~- - ., ~;r'" ' . . " , " ;,~Ii"~II'- :,,' ~' " ,L (- , \ ,;.:.>OJ (,.;<... , ( , ' I ! I ~ I I i I r ~~ i~' :tt ~1 ~ " (' 0 " - I \"\ " , , ,\ ~.- \ ..,lW,. ^, p,~ .' ',- '.", j' ~ ". .." " , " . ",,":';', .",~,,,'.,, .. ,,' :.'_ :,~,,~, ~:a _ ":,f, .._ '. m-+C/f RESOLUTION NO. 94-339 I , I j I RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN MMS CONSULTANTS, INC. OF IOWA CITY, IOWA, AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO THE WASTEWATER TREATMENT COLLECTION FACILITIES. WHEREAS, it is in the public interest to minimize the number of lift stations within the wastewater treatment facility service area; and WHEREAS, the Village Green Lift Station is in need of major improvement; and WHEREAS, a more reliable and efficient wastewater treatment collection facility would result from combining the Village Green and Heinz Lift Stations; and WHEREAS, the City of Iowa City has negotiated an agreement with MMS Consultants, Inc.; and WHEREAS, the City Council deems it in the public interest to enter into said agreement with MMS Consultants, Inc. for consulting services to provide improvements to Iowa City's wastewater treatment collection facilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest to enter into the Consultant Agreement with MMS Consultants, Inc., attached hereto and incorporated by reference herein, and said Agreement is hereby approved as to form and content. 10 2. The Mayor and City Clerk are hereby authorized and directed to execute the agreement with MMS Consultants, Inc. Passed and approved this 8th day of November ,1994. ATTEST: 77~~ .J!. -/d.,J CIT CLERK ,~aA1A~6 ,MAYOR 0...;- p "d:1 a!~ City Attorney's Office #fy '!. It was moved by Pigott and seconded by LehmAn adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: " x X X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton ~ '~ ~,~ \1"t~\ ~ 1 0 7;~~~, .." L"',....._'.-''"-I) !..~~'l 0" '" ,) II pwndmln\mmsnDI.rcs - w-- )"', ,"" ", J" , "I,., ,,\{ ,. ,--:0., " ~;~w5f , ,"l .. . .' .,'~t:'i';~. " . " ,',:' , - '~.,. ..' . , "'\'-: , ",' . ''''', . , ,_..., "'..' '-+'.._, " CONSULT ANT AGREEMENT THIS AGREEMENT, made and entered into this ~ ~ day of r.J~ , 1994, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and MMS Consultants, Inc. of Iowa City, Iowa, hereinafter referred to as the Consultant. WHEREAS, it is in the public interest to minimize the number of lift stations within the wastewater treatment facility service area; and WHEREAS, the Village Green Lift Station is in need of major improvement; and WHEREAS, a more reliable and efficient wastewater treatment collection facility would result from combining the Village Green and Heinz Lift Stations; and WHEREAS, the City Council deems it in the public interest to enter into an agreement with MMS Consultants, Inc. for consulting services, to provide improvements to Iowa City's wastewater collection facilities. NOW, THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES o 1. The City desires to construct improvements to the sanitary sewer system to serve the Southeast area of the City of Iowa City and a portion of Johnson County in the vicinity of the tributary watershed which flows into Snyder Creek near Scott Boulevard, hereafter referred to as the "Project Area" or Scott Boulevard Service Area. \ The Project Area includes approximately 406 acres east of Scott Boulevard and 342 acres west of Scott Boulevard, and bounded by Muscatine Avenue on the North and Highway 6 on the South. Table 1 below further describes the Area. ~ , r " ~ . \ ,.;.:4 ,,~,1,1 Table 1 - Project Area Approximate Area of the Snyder Creek Tributary Watershed for Sanitary Sewer Service East and West of Scott Boulevard : I , I , I : I , ' ~ , ~ t;~' t. ~i ::1 1 l. Total Area Developed Area Description (acres) (acres) Village Green and Village Green 156 78 South Subdivisions BDllndustrial Park 186 186 Undeveloped Area East of Scott 323 0 Boulevard 'Lo_. -~ - -:: -: ~:~-~ o ),..,',..," "",,,,:-,, ,.,'( .. , ~10' , . U'I/;' 10 ..&iI11'1l. ;"-:'\ ,mm;~ i'~ \ r,~ I: , I i ~ ,'if 0'" "-- " _~- i : ' " " , . , ','''~t'\>I'- .,". " , .', ,", . .,> . , '~.. ..' , . , ",', ') -, ~, ','.., ~. : '::,~ ':",~:,:; :.,.u : J ::'~.:. :'.',:C:'",_ 2 Total Area Developed Area Description (acres) (acresl , Modern Manor and Sunrise Mobile 83 83 I Home courts Total for the sub-basin referred to 748 347 herein as the Project 2. Consultant agrees this scope of services shall define the work to be performed by the Consultant. To this end, Consultant agrees to perform the following services for the City, and agrees to do so in a timely manner: A. Preliminarv Desion Phase 1. Conduct an engineering study, including consideration of the existing force mains, existing sanitary sewers from the facilities in Village Green Subdivision and BDllndustrial Park, alternatives for a new lift station to combine the sanitary sewer system flows from Village Green, BDI and the Project Area located east of Scott Boulevard and consider the routing of a new trunk sewer segment (hereafter "Project Facilities" or "the Project"). 2. Include in the design criteria the Project Area, existing and proposed land use and an estimate of sanitary sewer flows from the Project Area east of Scott Boulevard. iD l ~ 3. Include the preliminary design values of size, location, depth and slope for the Project Facilities. ,4. Furnish an opinion of right-of-way, temporary and permanent construction easement needs for Project Facilities. 5. Prepare total construction cost estimates, including attorney fees, plus estimated per acre tap-on-fee and possible construction schedule. ,I 6. Furnish and discuss the preliminary design report and recommendations with City staff. 7. Incorporate City recommendations and submit five (5) copies of the completed design report to City staff. B. Final Deskin Phase Begin Final Design Phase after City approval of preliminary design phase. 1. Conduct field surveys of the routes and sites to obtain topographic data for design and construction of the Project Facilities. 2. Verify existing gravity sanitary sewer and lift station elevations. .... ~ - -. , ,'.' :T.O ,.l~;/ , t f~\ ~ Il;~: 1 0 1 !"l':~'i \'\;\~', ~~{\\ ~,Y,~~tl' , "''''''-'''''--''''\}s \ ,I D/ -- ''''';'''1'' .~JJ::,""""" . "," ," " ."...:,':,.-', .,( r---', \ \ (~ ( ( i I >\ , I I I I , I : I , I I If, " ~ ,:,C, ,0 . 'I", ~~ " ;',''", .' , :,:r:\1 "., '~ .- .. ',' "' . , ". ..' . " . -- .,'. ,..~ ,- ':''- ,,','." '.' , , 3 3. Locate utilities in vicinity of proposed construction. 4. Attend meetings and discussions with City staff and property owners to obtain a decision on the final location of the Project Facilities. 5. Prepare final design calculations and construction drawings. 6. Prepare detailed construction specifications and contract documents using the City's standard specifications, modified as necessary to satisfy specific design considerations and for ultimate approval by the City Attorney. 7. Prepare electrical design and building design for the new Scott Boulevard lift station. 8. Submit and discuss construction drawings at the ten percent (10%1 outline stage, and eighty-ninety percent (80-90%1 final review stage with the City and local public utilities. 9. Prepare permit applications and correspondence for the Iowa Department of Natural Resources, Iowa Interstate Railroad and public utilities. 10. Prepare final cost estimates. 11. Conduct property boundary surveys, and prepare easement descriptions and plats for use by City Attorney or legal services and appraisal services for construction of these facilities: f() I m ~~ [ a. Village Green sanitary sewer b. Scott Boulevard trunk sewer c. New Scott Boulevard sanitary sewer lift station d. Additions to existing force mains 12. Establish monuments or temporary markings on all tracts of land where easements are required for information of City, property owners and appraisal services. 13. Communicate with City staff and City legal services to effect recording of easements and plats. 14. Prepare public bidding forms and contract documents using City standardized formats, including notices. C. Biddinq & Award Phase '" 1. Distribute plans and specifications to contractors after public hearing. 2. Prepare and distribute addenda as necessary. ,-:- ," n"'- ~~~-'l ).."'.,"",' ,..:-':,: :/',:,. ,.',,~., . j~ :~. 1''\1 rj!~~" ~ "'"l'. ,~t,.. ' .', , :",.\- \ 10'1 ';i'~i~1 ",ll" :"f.~' '" "",;"",...',_....-c;--"...'.T "'.1 " , " ' .. ,.' S" '[J ' ~"" " ' " '.t\' \,' ..; ,.- ,0 .' .\~;m , I .. . ',~k! " ,\" <, . I~' , ". ,.' , . ""_,~_,.,:':,:":,,c,,,,~' ,: . .,,-." .'" ~.",.~"'" '.' .~'-.,_.-_..,.., .... ,',--0,< , " : :.- ~, . ; 4 3. Answer questions or give additional instructions to City staff and/or bidders, as necessary, 4. Distribute pre-bid notice to prospective contractors, and conduct a pre-bid meeting with the contractor(s), City staff and others. 5. Assist at the bid opening, tabulate the bids received, make an evaluation and provide a recommendation of the award of the contract. 6. Issue notice of award and obtain executed contract documents from successful bidder. ~ D. Construction Phase 1. Conduct a pre-construction meeting with the contractor{sl. City staff and others. 2. Perform construction layout staking, and provide the horizontal and vertical control for the construction. Provide temporary markings for the easements. 3. Review and comment on shop drawings. 4. Draft change orders for use by City staff. 5. Make periodic site visits to evaluate the selected contractor's activities and [0 ~, progress. This does not include daily inspection of the project. 6. Review the contractor's monthly requests for payment, and make recommenda- a tions to the City. ~ r 7. Conduct or witness final inspections and tests of performance. Prepare a final if punch list of incomplete work. 8. Measure final in-place quantities of the various items of construction, and recommend final payment to the contractor. 9. Prepare Record-of-Construction plans for the improvements from marked-up drawings prepared by City staff. 10. Attend periodic meetings and report to the City staff. 11. Send notice of completion to Iowa Department of Natural Resources. E. Additional Services "~ \ ~ r,,;;..;Jr" , ' II , I I , ' , ' !, i ~1 ii" : I :\ ~.., l ~,"I" j; ~~~ \ The following additional services will be provided by the Consultant upon request, but only after separate proposals are requested by the City and prepared by Consultant. City will not pay for preparation of any such proposals, and Consultant will not request any such payment. When requested or authorized by the City in writing, - ~ \_- o .J:. _'I'~ ~( 0">' " .1lllJIIJ'I' ,--:- 1 (:~ ~ r,::19 " II , I i I I I I f~':, l i \\ ' ~ .' 't. 0' ~:, 'j .. .. , "t' ,'\\i' " '~ " .. ..~' ~ "".. p" . ., '..--",,' "".';'''",; ...-.'<>..---.....'... 5 these additional services will be provided by Consultant on the basis of current hourly rates or a negotiated lump sum fee. 1. Daily project inspection services as requested by the City. F. Services or Expenses which shall be Provided by the City 1. Furnishing of abstracting or legal services, and easement documents. 2. Recording of easements, including cost of recording. 3. Application and permit fees. 4. Costs payable to landowner(sl for easements. 5. Expenses for soil borings or soil investigations, if required. 6. Daily inspection of construction, monthly measurement and pay estimates, and monthly reports of construction progress. I I \ ID l 7. Cost for printing and distribution of bidding documents, and issuance of addenda, G. Services not Included in this Proposal 1. Environmental assessments and/or impact statements. 2. Investigation and/or mitigation of hazardous materials, if any, II. TIME OF COMPLETION The Consultant shall complete the following phases of the Project in accordance with the schedule shown. A. Preliminary Desiqn Phase: Six (6) weeks after written execution of this Agreement. B. Final Deslqn Phase: Thirteen (13) weeks after City's approval of the Preliminary Design Report. C. Biddinq Phase and Construction Phase: Schedule as determined by the City. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. " -, T~ ~~,'.o, ')J:;' .. ,~~~ rrl" ,0 ~, :1, "ll~ ',: ' if ,{' , 'p., 11'i'~, ~ ;~!;l. ; <,""\, 101 i!!;,';~i\\, ,!ii')~I"'" . ,. ..""'-,..,..,'~..,.._......'\'-'" ,"" " , ' " [] ,. " ,{, ~ "",' , 4" 5, \ ,/ ,.:- ", ;~~W:V...'7!' >' r .,;:;. \-1 \ /:"'R i I I ~ II ! I , i , I , I I fJ i i ',j : I '\ ~, :[ 0 "~"\." ('J " ,~/!;\, ~, , (i~ O !~(]I' "10\';' " ,,'k' ,l,~~' m'._'''___, '1>, 5::"1 D. ; 'I . . ' , '. \~. , ~, \~ I:, . ',' .. .' , " , ~ . ,.,-, -'....,-,..,'.'..-..,'-'. .....'",.,,',':,'.".'. ..-.'.,.,. , .l'...',,'. "''''-'''''''''-~'' ,..,,,..,';' ,~:;, ..~" 6 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump sum" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the Project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific Projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. J. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. ~- , =~~-, - 1.",'" \ ,'..,' , 0.' ,':' , " '" l\',' , , ,', .4Ml '.~,- '\.' ' ..' ~ I: I I I ~ " ,..",i'", :'.-'.,""'..1\ ~':. ,': .. .~ " " 1:,',,\,:;,' " " ,-hit:: ~ ..,. I '.' ,<;' " .'" I ~ . :' / -"'< C ~i C~:1 \J ~ I, ' I I I << I I ( ",', \~, '- 0' ';\, ~- ;,' " ... ..:... ' .' '. ! 7 L. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. I , , _,I M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV. COMPENSATION FOR SERVICES A. Preliminarv Desion Phase: The Consultant shall be paid a lump sum fee of $10,940.00 upon completion. B. Final Desion Phase: The Consultant shall be paid a lump sum fee of $30,900.00 in four (4) payments according to progress reports submitted to and approved by the City. C. Biddino Phase: The Consultant shall be paid a lump sum fee of $ 2, 140.00. D. Construction Phase: The Consultant shall be paid a lump sum fee of $11,665.00 in four (4) payments according to progress reports submitted to and approved by the City. E. Total Lump Sum: $55.645.00 The above prices include an allowance for copies of the documents as follows: in 1 1. Preliminary Report 2. Easement Plats and Property Boundary Surveys 3. Construction Drawings & Specifications 4. Contract Documents 5. Bidding Documents 6. Record-of-Construction Drawings 5 copies 5 copies 5 copies 5 copies None 3 copies V. MISCELLANEOUS " ,'I A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. '~ ~'C1 "";:""'::;-r/,:, .' c;, ~ '.J I' :., ,\),'1 ,\,' V ,1. L\ , ~-. .. ,,' -~ , .' t".. ':, ',,",' -0- 1]');;';' -~_ -:i'", ,;"',," ,10', , ' ','j"-,,, '."."'..', ':-;;'.1"::. ...', '1<, ,-g.liiilll'" ' ., ,....,11 ,.'~ , ' , . " " I...~ ~' , ;.,1, C~" \ i-~ , I t~ I i, I ~~!, i I ~ ~""l,;'.",) r. .' ~, >(., . ,'; ','<''''.:;;i~:, " ..0\ ,', ~'I_:" "~!.% , "", ,';',; '.. ~ ' '". , ~!' ..: ~; I . ..', I I , " ,...,~"'~.,,~.~' '~';_ '. __, "~~.~'::"'"";';.~>~:'~<'':';;;'L;I~;:':;~_d.~::.....~::~l~~,,;:,;;.;.',,:;':,:o.'~""'-':~';,i.v_;:.,:,,::~.~,~~;.~.t.'.:,i'h'; ..'.~.;~ ~~"" ':,.1 ;.;, .'_,:, ';.,;~,.;""-,;_.,,,~;.. ':";':',V-",:.",~,;..",,,..:,,,,"':' _~....'.., ", " , 8 FOR THE CITY By ~ /J., f~S-- By / '- Title: Mayor Date: November 8. 1994 ATTEST: ~/! ~~ ..j" ' f"'" , cadata\logal\mms,agt o ". -)'~~ 1lIf1 """'-'1-',,) Title: SE.c.. 17iz.fUIt- So I Date: 1/- I~- q 4- Approved by:\...-., ~,y~ did? ~~/ /1'11 Date I r " '" ~'01~ 'i ,It;;. , AD", ..r. '..J 5 - " "=' "")?,"'" ,',', " ":,2,.?~~" "Ci\" ",' ." .......,..' ':I)r~~I\ ~ '~. ,.; ,?r ) ~ 'J '-- ,....~....... II (~\ \ .~~ r.:....... r I I l! iI i, II I , i:( "~, " .. ~,' ',j ".-, ,'. " ',.',' '. ;)\\1'1 :,.... .' " '~' , ;\:. , "",' J'.' , . ''"... " .:,' '. . .; Il.~':".;( :. ;:.';.'.;_ ~':'",L":"..:~K;~'..,,,.:,:.:.,,.,..,;,, _ '-'~'h~';~ ~';;_ ., f" '. ' ~ ",\" < ~.'~'. :i.:':',' 0: ~'~; .;.,~ j,;.;~.~.;~::..~;.Lf~':'::~,..., "." '~"':'=""'<l.'~'':';''~':':~'.:.;.'':':':'.:':~;;:';;:'-~:'; ~:2:~..... :,~~;'~~~;,~:':j;~'.'};'~~~~'~}';;''''~''~'''~_~'~;:' ~,,:,;,;:,;,;:.::..;,-, L' :,~;,; 7 l. Ori,I",' """,,t d~w;"" ,h.II b"om' th, pmp'rtv of th, C'v. Th, Coo,"tt,rn ) ~hall be allowed to keep mylar reproducible copies for the Consultant's own filing us . M. Fees paid for securing approval of authorities having jurisdiction over the Proje will e paid by the City. IV. COMPE SATION FOR SERVICES A. sum fee of B. Final Desi n ase: The Consultant shall be paid a lump sum e of $30,900.00 in four (4) payme ts according to progress reports submitted and approved by the City. C. Biddina Phase: The onsultant shall be paid a lump su fee of $2,140.00. D. Construction Phase: T Consultant shall be paid ump sum fee. of $11,665.00 in four (4) payments accor 'ng to progress reports ubmitted to and approved by the City. The above prices include an lowance for c pies of the documents as follows: 5 copies 5 copies 5 copies 5 copies None 3 copies 1. Preliminary Report 2. Easement Plats and Property ou ary Surveys 3. Construction Drawings & Spec 'cations 4. Contract Documents 5. Bidding Documents 6. Record-of-Construction Dr V. MISCELLANEOUS A. All provisions of the Agr ment shall be reconCl d in accordance with the generally accepted standards of e Engineering Profession B. It is further agreed at there are no other considerat ns or monies contingent upon or resulting from t e execution of this Agreement, that 't is the entire Agreement, and that no other m ies or considerations have been solicl ed. "- '. - I , I i' , l ~,o1 ..\-.."....... . ."'" " ',. . ,/" o '., ...Z.... .~. . '.:',-: "." .,,' ' . . J-.~....................,--. .' ..a,X' ,:i~i~\..','\' ,. _ 1::. ,,'.'" " ";',' " ~;\ ,,~ ,i,to, ., ~', .~,':. .,~ ',,' , ;-"'1':-- .. ~ . "t.... ";:':".\1. I" , ~ ''''''r' . ..:" ~>,.'. '~_'::,; -.;, ....; -: ";,';.:";,.~ .._~!; :'~::l.:.--;::;: ...:,>.-; ~'" 't~' ., \J' , .~ .,~ ,.-"""'. \ \ \ ,~ ,;,.:;;;;~ I i\ I ~' ",1 " ( ~J ""~.:~~.".' ',(-. f., , 7,.', f '-', (( , . .--' - ~. ~. ~l" [~~, ,g~ "l~' iW.i\ tV>~ :!~,;. .1\1 \' ~a:,\ ;'I."~' "I' j'" '.11~,:; ~ ,.,.,i ,1- }_,;' 10 B i,o'Ji , . . !<,\, 1;10':, ~J5,' I,,' U . 1 '-1'YU- c d RESOLUTION NO. 94:"140 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A 28E AGREEMENT FOR JOINT EXERCISE OF LAW ENFORCE- MENT AUTHORITY, WHEREAS, the City deems it in the public interest to establish a procedure whereby the law enforcement agencies in the Iowa City, Johnson County and Linn County area may call upon one another for law enforcement assistance under certain circumstances, and WHEREAS, the City has negotiated a 28E Agreement, a copy of which is attached and incorporated herein, with Johnson County, the City of Coralville, Linn County, the City of Cedar Rapids, the City of Marion, the Iowa Sixth Judicial District Department of Corrections, and the Iowa Sixth Judicial District Juvenile Court, which formalizes the operational practices of the law enforcement agencies of the nine jurisdictions for the joint exercise of law enforcement authority in areas of mutual concern and in mutual aid of law enforcement services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is hereby authorized and directed to execute and the City Clerk to attest said 28E Agreement for Joint Exercise of Law Enforcement Authority. 2, Upon execution by all parties, said 28E Agreement shall be filed with the Secretary of State and recorded with the Johnson County Recorder. Passed and approved this 8th day of ,1994. November ~~'~/S rvlA YOR -- A proved by ATTEST: /J~~'u <:1I1!~ CIT CLERK It was moved by Kl1hhy . and seconded by Novick adopted, and upon roll call there were: <. the Resolution be AYES: NAYS: ABSENT: x x X X X X X Baker Horowitz Kubby Lehman Novick Pigott Throgmorton pol1co\lawonfrc.ros . , r-Il '. ~:- J':"::.';:' "::;;. .'. '. 0' ,., " ':-'. .:. ,',", ','.... )"" .,"" .: ''','':', o '-,', .....1 ,.. j i I , I r ..1 .. " .~' , ; .,~..., ( " (~ r" ''(, , , 1 I I (\ I ' i I i I (( ! l J "l",,, ."\.'.... ."i ,."..,.': '.'~ ",'" ~i , i,~, ~,"',' '. {, , . I:, .~,'~ ''',,' ~ -.......,; ,.: ,"j, , " 'c- ~-_.~._' j , '.,.. ",.\,'-,":'>'" , ; a,otll': -- --:.,~"S I [J, 0' . " ~ , ,,',..'. "t"" ''',\\1:, . "-: / ., 1 " ,--- ~-~ .:_, :~-~: , , , . , '-"'. '. _"_,,, _.~_~.~._~.,~" 'w"__~'___".,_. __.., _ _ _ .-.. ,"__.. '.-' -',-_....~....__.,,~ '--.~~.'-'" ~..,'". ~.,_.'.~_.., ",~ ~'-- -- - --- AGR!I:!l:M!l:N'l' ~. o~ } An agreement establishing mutual aid law enforcement service between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial Oistrict Department of Corrections, and the Sixth Judicial Oistrict, Juvenile Court and authorizing local officials to perform thereunder. WB!I:R!I:AB, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, the State of Iowa, and the Sixth Judicial District, Juvenile Court are so located that it is to the advantage of each to extend aid to the others in respect to law enforcement services, and KBiRZAS, it is recognized that the use of peace officers to perform pOlice or peace officers' duties outside the territorial limits of the governmental unit where such officers are regularly employed may be desirable and imperative under certain circumstances to preserve and protect the pUblic health, safety and welfare, and WB!I:REAS, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, and the Sixth Judicial District, Juvenile Court hereafter referred to as governmental agencies, deem mutual aid law enforcement service to be in the best interests of the communities, and WB!I:REAS, the undersigned governmental agencies desire to\participate under a mutual aid law enforcement service plan with said other governmental agencies according to the terms and conditions hereinafter set forth, and ~'~:. - 'J,',','.:, 0, ," ',.,'; ::./ .' ~Ir'-, V~11R7: ~- ~~ '~ f" , , '-' , .1 ~ -~',~,,'" , "'1, '~~'" .', , .';," ,J"'\: ' '~i,. ,. "'! ',: . , ::":'-:'~~~,~'l::i:", :,.. .~; ~ . .. .~','.';;J~;.'...; ''':~'';'''_'''':'~:':';'''';''''~~':'-''.''''''-O-~..j-'",:"..-" ~.,., - .' , ' , -,' , ~ ' . , ,',.'. .'....,-..:. " ,. .........,".;;.;'.: ..", "...' ,"',- ,. ' .:' - , ,,_,~~""'''''.'''''''''.'''''''''''''''''~''''-''-',,",">'.l'''''.<..>1'';'<J'..~~...~~..w,''''''~''~'' ,,,,...,~_...._._~..-,,,".,,,_.._---_~___ ,~_ . _.-. ./ , 10," (.\. ..\ .~ (~, i 'I I ' I tV. I , I I, I : I I ~.'I " I I ~ J, " .., C'- ~~\, . -~------_? ., , ,_w " WBERZAS, said governmental agencies consider authority exists under Chapters 28D & 28E of the Iowa Code to enter into a mutual aid agreement to jointly perform the services hereafter enumerated: NOW 'rBlRli:FORZ lor IS AGREED between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, and the Sixth Judicial, Juvenile Court to participate in a program of mutual aid law enforcement service under the provisions of Chapter 28E of the Code of Iowa, in accordance with the following terms and conditions: 1. Aut.horil!Ation Each agency does hereby authorize and direct its police chief, its sheriff, the director or the respective person commanding in'their absence to render and request mutual law enforcement aid to and from the other cities and counties, as the case may be, to the extent of available personnel snd equipment not required for adequate protection 'of the governmental agency rendering aid. The judgement of the director, police chief and sheriff or officer commanding in his/her absence, of, each governmental agency rendering aid as to the amount of personnel and equipment available shall be final. 2 . Povar of Aut.hor! t:v Peace officers/employees who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the unit which regularly employs such officers shall be under the direction and authority of the local commanding officer of the governmental agency to which they are called to perform duties, and shall be peraonnel of such governmental agency for purposes of final authority to perform such services (except as provided in paragraph 5 hereof). They shall have all powers and authority of peace \ officers in such jurisdiction as provided by law, including the power of arrest. '~. ',.' ,. ",., '."""., 1-. :-;" f' ",-,.' ~'- )','-,"',',""',"'''''' '.'. "'(). .', :,' '\., " . " '.,."',,','" '/1:'- " '- 17"""1, f" ., - ~'OB "'-;:-,;:.!:.',":' 1...)',5 , . , .j ~ ,10', - ,.'-:..-,' ;)!F.:;\li:! .r ,-> \ ' \ ~ I I I I~ : I , I i I I~) ., I ~\ 'J " ~.. ~, ' ,I.: '~" ".1. ;;"f. ~ lb.. -' :c~o '. 1'. '. ,','..,,-, ~ . ~'ol .1..'" " , t. ,t ~',} o ,~~,' " ""11' " "'1 ,.' " ~ . ~~ . ,_____;_.. _,.~~.."'-' ""._"-,-~,,..,~''-: ._"...,.-",:-;,_",.;. ~ .~_; ,"'.,::'-,.... :', \. ...",_:,..,,',,~,'-'t~ __"..., ' 3 . j;:olll".nIlIlHon Mutual aid law enforcement service shall be rendered without charge to a member of this agreement; provided, however, that as a result of having furnished aid, should the assisting governmental agency be required to seek assistance from another non-member governmental agency or authority, which imposes a charge for same, then in that event, the governmental agency originally seeking such aid shall reimburse the assisting governmental agency in an amount equal to the charge imposed upon the assisting governmental agency by the non-member authority assisting it. 4. Rulli" and R9aulA~iontl The pOlice chiefS, the sheriffs and the director of the member governmental agencies to the agreement shall establish uniform rules and regulations for giving and receiving aid, subject to the approval of the governing body of each member governmental agency. A copy thereof shall be filed with the clerk and auditor of each member governmental agency. The rules and regUlations may be revised and amended from time to time by the pOlice chiefS, sheriffs and director upon their unanimous agreement, subject to the approval of the governing body. Each revision or amendment shall be filed with the clerk and auditor of each member governmental agency to this agreement. 5. :rd.llbili~v All wages and disability payments, pension and workmen's compensation claims and benefits, damage to equipment and clothing, and medical expense and all other claims and benefits in connection with duties outside the juriSdiction in accordance with terms of this agreement shall be the responsibility of the governmental agency regularly employing such peace officers. 6 I IfflllQtiVA DAtA of Aareement This agreement shall become effective between governmental agencies upon the date of passage and execution by the last governmental agency which is a party to this agreement. The clerk, auditor or \, chief administrator of each member shall furnish the other member agencies copies of the resolution approving the - ~- p ".. , 0)", \:. -, ,:~".':., -Ml ",~.a.... ~' " D I - ,10, ;!iiJi,ID.1' ,. , ,c",::;:.,-:"',, I - ~c ". "". ' C-,\ .~ ~ r,'';';'~ ( , '~ I i ~ ,\F 0 ~" i , -~... ',' " " ~ . ',;' '. '.' ~f\ ,'j' " .- "":::.".. ", "',;, ~ : . ,,'. ,.;. ._'.-....",.~,,,~~,~.. ...,. , ,.... .'. , _~,:,.....:.-;...., .......~........... ,"'-'-'.,"-"<'Je :,!.:' }.',;J. ,'.\ ",:,,:,,--'.-,r-~";'.;' ~i',;'d:""~. ;"J'.." ", c..,'"...... .......,_".... _, '.._..,"" ,......., ,.L."....._.,...... ...-_ -.___.,. .-'-T'"""'I"- f ~'oB I",..', " . , "15 .",<1.,.. agreement and authorizing execution, and a signed copy of the agreement shall be furnished to each party to the agreement. 7. RA8Arvation t.o ne~ftl1 The governmental agency herewith furniShing personnel and equipment to another governmental agency or agencies in accordance with the terms of this agreement shall have the right to recall personnel and equipment while the same are in service with the governmental agency or agencies being assisted at any time the sheriff, pOlice chief, director or respective person commanding in their behalf determines that there is need for such personnel and equipment, or part thereof, in the jurisdiction of the governmental agency furnishing the assistance. Upon notification of the sheriff, police chief, director or person commanding in their behalf, of the governmental agency being assisted, such police chief, sheriff, director or commanding person shall release the personnel or equipment designated by the appropriate authority of the governmental agency furnishing the assistance either immediately or at such time designated by the authority of the governmental agency furnishing said assistance. The sheriff, pOlice chief, director or commanding person rele~eing such people and equipment shall order same to report at time and place designated by authority of the governmental agency requesting said release, 8. TBrmina~ion The agreement shall remain in full force and effect indefinitely until such time as a member governmental agency passes a resolution terminating this . agreement, which date of termination shall not be less than thirty (30) days after the date of passage of such resolution However, said agreement shall continue in force between other governmental agencies not terminating until ssme is likewise terminsted by the remaining members. 9. Puroosa The purpose of this agreement and joint undertaking is to provide a mutual aid law enforcement \. service for the benefit of the governmental agencies .- . - -,.0....';,> ~~". , ;~',: I ',I ~. " ~ i ~ !1 I"~ /, , ;,; 10:, ,wr.! . , i ., C- \ .:.ll r.~ , , : ( I.' II ,> I ~, tj C,o_: ,:"j . '.... ~ . '. t\\'iil . '."" i'~' ,.,,' . , ,':~ ......_..._.-.:..._.;,..v,..;.".,.. , " , , .. -, "",',c-""" ,_,.",; _,~, ,.,.,~--'''_....-~."~._',:'.....,,_,_,,''' ,......,..., ,_, participating hereunder, all as more particularly set forth in the preamble and the terms of this agreement. 10. lr!.nAnaina All financing will be handled by the individual agencies in the same manner for the respective expenditures for personnel and equipment as is now done independently, and no joint financing or manner of financing is necessary to be established by the terms of this agreement. 11. Diflpoflition of P~~DArtv It is not required to set forth a method or methods to be employed for disposition of property upon partial or complete termination, as hereinbefore authorized, for the reason that all property will continue to be under the respective jurisdiction of the governmental agency owning same. 12. !'111ftt;'. RAaordinrr And ApDrovAl This agreement shall be filed with the Secretary of State and recorded with the County Auditors. That further, each member governmental agency to this agreement shall be responsible to obtain such approval on its behalf as may be required under Chapters 28E of the 1993 Iowa Code, as amended. NOW '1'1IIi:1Ul:J'OIUl: 1'1' IS AGIUl:ZD, between Linn County, the City of Cedar RapidS, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Corrections, and the Sixth Judicial, Juvenile Court to participate in a program of mutual aid law enforcement service under the provisions of Chapter 280 of the Code of Iowa, in accordance with the following terms and conditions: 1. Tftrm8 And ConditionR The terms and conditions of this agreement are the same as set forth in paragraphs 1-12 of the preceeding agreement except as set forth below. 2. AdditionAl TArm~ Pursuant to section 280.3 of the Code of Iowa no employee shall be assigned or detailed \ under this portion of this agreement without the employee's expressed consent or by using undue coercion to obtain said ._,~ 'w )'''' 0"" ,"",::: , ":': '..' 1",:" ~ . ,'.', " < \ ...' , - () ~ ~10t '~ \' 1 /'1 :--" ., ,IL], , _. ~'.:.: \'_ " . t... i' ;.,,'/ J=ti/ ,:~ '. , '. '..",:,- '; ,.~.":,;.;~,c....;,.'..' ~ , /( I .r,'T'o (11. .~. ;~1 rr I ~ "1 t \ -~ .t-.~._..~._~.. ~ . ..., , ,.:-"'. , "'~t,.', . :,',:,:,;,,11 ','."'\.. .' ' , "'-.,.. ,. , '. '~ . . . -.-,.-,-.~,"~""""~-""-"~,-,-,,,,,,,;,,,,,...........,,."---....-...:..;,-,-;....,-------,-..- ,: consent. Details relating to any matter covered by this portion of this agreement may be the subject of an agreement between the sending and receiving agencies. This agreement filed and dated by the respective parties as follows: Dated this day of , 1994 City of Cedar Rapids, Iowa Mayor City Clerk Dated this day of , 1994 City of Marion, Iowa Mayor City Clerk Dated this day of , 1994 Linn County Sheriff Chairperson Linn County Board of Supervisors \, Linn County AUditor --- ,~ -~ \~:_II""" ",:.,.:..'" '"1\, "",:'i"'" O,:<.I-\'" ;' ~..' ~ I I ,.. :. - ~ " .1 ... ~,o, r\ l " ': 8.0, "''''''.':''-'':::-: ,.,...f!',C7~' '^S :<..., '. ,. -',~--,; , " :' ':'/ "~"';' :; ~~~,':' '; i ....-,.,y,,~. , " '. i .; " , .,...., lj l'" \ \) r I . ! ~'. , I II ~) : I'" II i '~ ~'I<,':{ ~~ f'. ~" .' "/1 " l",~ ~C~~'-n " '.':-...: . , '. ,.. ., ,',". ,. ,.,~_..,_........_.~"_._.,.........~..__......_-_.~,,,--.:- ',' : Dated this day of , 1994 City of Iowa City, Iowa ~ayor City Clerk Dated this day of , 1994 City of Coralville, Iowa Mayor City Clerk Dated this day of , 1994 Johnson County Sheriff C~airperson Johnson County Board of Supervisors Johnson C~unty Auditor , - ,.-..' ,.., '.', !....",."_I--.~: ,o.~.~lJi..:.. -";'i'?:' ',' ,',',';.'.", ,'",.; I '., I I I' i.! ' ~'o8 : .',:, ';:< ;~,:,:".,. :,~':'," '~':; ,1'0, 'V"F"~;'!,' ri"", , "'5,' .- , " :c-'.-:":\"'::' '",,-"'i', ~\: , ..,~:;~u;,:,.. ,. . ", ..'.... ';:'. ~ . ',: '. ;", ,rO- ;.." , !- Dated this day of , 1994 Sixth Judicial District Department of Corrections Director / , 1994 Dated this day of Sixth Judicial District, Juvenile Court " '....:.;: n r~\":~ \1' ':~ '..1-,....' "",: (~~ , I i ~ I I I ' II IP,! W) \ ::~; I!' , c:rr--;,", '," 0" l__~' :=:< ..',...a, "j':'~'~'" .':,: " \ j .1, 1," ". ~l " , ~. ,: ", . -..~ --". ," rl ' '" i ..' " 1 j I " , I :'1 I ., .. ,'.. " "~1or 'I" 'I, )r.::., ,fJ'" ,.': ~~) :' " '.'. ,...... ,~- ',- '" ;. ""I,. ""l~', .~:,',:,'>j. ,. ;.,." , , I ~ , .:" ';1 ':,;".',,-,;,-.", +.\i,~' .:', , ,,' .~.-...',::.. !,!-, "',;.-., ',.'. " . ;, ~ , " ~ ", ""~, ... . " '--,-,:" -- ", .' ..' __ ___:~":':":_;.2,;...~.,-,...-,*'.~_.,..-.,,,";:":,~'''''_'':;:..:;.:.:~.~........,,~~.-:..:.___...., . , .., I,. . , , , ELAINE BAXTER SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DES MOINES 50319 (515) 281-5204 '. " December 14, 1994 / Joe Neuhaus Marion Police Department 3911 Katz Drive Marion IA 52302 / ~~ ~~ '. ", ~ RE: 28E Agreement between the Linn County, the city of Cedar Rapids and the City of Marion, Johnson county, et al -" .....~, ' Dear Mr. Neuhaus: We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. " You may consider the same filed as of December 14, 1994. "....,., l:: '\tj .':>\: ,~1. t't-\ I r \ I I \'I, I , , , S~erly, fJ- ~J'-<~ '. " ~ ,i. Elaine Baxter Secretary of State .1 " EB/klw. Enclosures 1.0 c- o 0 -.;:r.; JTI "'fl :;; ::,i C"'l N ...... (") -< I'L'UM 0 , -"I~-) . 1""1 -<r" -0 ~ jj ! .. 1"'-1 :J: !W o;;() - I, "I"':J'~ .. ,-<:; )> r~, c..o' . 21D~ ?~,. , I ' ,e,"'" . "~ :lo', ",.~ ,.,',,'.:~- ,.,~~=,.:: ..', ' - "0:,1:.:" ....,...-.,......"., . ,. '..'.' ~"", " , '. . -" r~:'.~,,' :~.;;. ',;:''-'" .",:~f~i'~:i,,',.. . ,to :<i, ~) ('.'~-- <. ,0', nf,iEl. ,:-,," .", ....-:-.. r , ~.~', C-'i . \~ ::, . , '~'7\ , \ r. 1# , , I I I : i : I : I I I , I f' ~,~~,:y. ,. . 'r , j; 'ill:~i' l' ~ \ I:. .1' f~lq~,:. ; L_.-. ,q "~ .' '.' ~ ..,... ,_ ,'_' .",." ,. ,~",' '. n'_"'..'.. , . " r'-j' , , ',,'.', ' " '~t \ Ii " "1 " ~ . \:.:' 'l "- . ", .' :':',:~;';'l.i:;"',_ ,,'- ':"":. ..'. ~.,'-,"--....,.."...,~...._.....____. ,_: _ __.._~,_: ",~-,,-......,:..:,-.:-:;..:I-..;, ...-" .',' , "':..'.:,:'i' ' "\ "\'j .j~ ,i" ,; j:.~,~, ,~'r _'. l~;- ", ~ .,-" ,~\. oflllE '~J ,'. -' : , .. ~ ' .,' \11'1 .' .1.1,/.1:\ AGREEMENT n 'n '9.1 . DEe \:i 0 05 IIli 'j An agreement establishing mutual aid law enforcement service between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, and the Sixth Judicial District, Juvenile Court Services and authorizing local officials to perform thereunder. WHEREAS, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, the State of Iowa, and the Sixth Judicial District, Juvenile Court Services are so located that it is to the advantage of each to extend ~id to the others in respect to law enforcement services, and WHEREAS, it is recognized that the use of peace officers to perform police or peace officers' duties outside the territorial limits of the governmental unit where such officers are regularly employed may be desirable and imperative under certain circumstances to preserve and protect the public health, safety and welfare, and WHEREAS, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, and the Sixth Judicial District, Juvenile Court Services hereafter referred to as governmental agencies, deem mutual aid law enforcement service to be in the best interests of the communities, and '. ,":'", ,"' ~~'i,,~,~," .~' ~ ril I ~ " i \ .i' , 10. ;J1I , ( ,.. c~ \ 0i , , , . i ' i , i , . II . , , ' , !~ I! it ~ \.' ' q: i'\ ~} , {C 0 "~ service between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, and the Sixth Judicial District, Juvenile Court Services and authorizing local officials to perform thereunder. WHEREAS, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, the State of Iowa, and the sixth Judicial District, Juvenile Court Services are so located that it is to the advantage of each to extend ~id to the others in respect to law enforcement services, and WHEREAS, it is recognized that the use of peace officers to perform police or peace officers' duties outside the territorial limits of the governmental unit where such officers are regularly employed may be desirable and imperative under certain circumstances to preserve and protect the public health, safety and welfare, and WHEREAS, Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, and the Sixth Judicial District, Juvenile Court Services hereafter referred to as governmental agencies, deem mutual aid law enforcement service to be in the best interests of the communities, and WHEREAS, the undersigned governmental agencies desire to participate under a mutual aid law enforcement service - l ;.- . ",.,:,o,-'1J/ . , - " f () , .1' { :1, \, . ",,~ 2 '7 D GW;~, J ~}~~\, ""':/ Sl:~':hlo; ';~~Br1, ,,'; . '." 'I 'I:~?"" I' ! i I . ' i I I I I Ii , I , I : I , , , ' ; i ! ~,', ! ! I' J ;..\,:;y ....1 I ~U,'~I,',',~'I' ~~ L_I"'- .~ " " . , , ';',', .tw:. , ~. , '.. " ~ . ,.,. \ . : .:':'..,,~...;. :"...,;-;: "- ~ .,.. -'.,"".'~':..,; ',.;,.. -':',-" ':',;,,"...,,,---,--,,.,,,,'.~ '- ,....' '.-- ..;------ -, :.. - ,.. -... _...'--,~,,_._.'.....~,~,~,' ~. " . .-'...'," plan with said other governmental agencies according to the terms and conditions hereinafter set forth, and WHEREAS, said governmental agencies consider authority exists under Chapters 28D & 28E of the Iowa Code to enter into a mutual aid agreement to jointly perform the services hereafter enumerated: NOW THEREFORE IT IS AGREED between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, and the Sixth Judicial, Juvenile Court Services to participate in a program of mutual aid law enforcement service under the provisions of Chapter 28E of the Code of Iowa, in accordance with the following terms and conditions: 1. Authorizat:ion Each agency does hereby authorize and direct its police chief, its sheriff, the director or the respective person commanding in their absence to render and request mutual law enforcement aid to and from the other cities and counties, as the case may be, to the extent of available personnel and equipment not required for adequate protection of the governmental agency rendering aid. The judgement of the director, police chief and sheriff or officer commanding in his/her absence, of each governmental agency rendering aid as to the amount of personnel and equipment available shall be final, 2 . Power of Aut~ Peace officers/employees who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the unit which regularly employs such officers shall be under the direction and authority of the local commanding officer of the governmental agency to which they are called to perform duties, and shall be personnel of ,'..' , h:;,~~(; .'{it ~'f' ~' . ~ II,. / [I ~ " 10, $1l I (- \ .,;;~ ~'~, I ! I' . ! I I I I~ I I I 01..1 1 ~I t Co <"\. _._-----------_.~~~ nn!U~n~1 i:)Q.l.U ~VVCJ.,LUUCU....ClJ. a';:iCJ.H,;J.Cb \.,;UU;:;.LUt:::l. aul..UUl.-J..l..,y exists under Chapters 280 & 28E of the Iowa Code to enter into a mutual aid agreement to jointly perform the services hereafter enumerated: NOW THEREFORE IT IS AGREED between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa City, the City of Coralville, the 6th Judicial District Department of Correctional Services, and the Sixth Judicial, Juvenile Court Services to participate in a program of mutual aid law enforcement service under the provisions of Chapter 28E of the Code of Iowa, in accordance with the following terms and conditions: 1. Authori~ation Each agency does hereby authorize and direct its police chief, its sheriff, the director or the respective person commanding in their absence to render and request mutual law enforcement aid to and from the other cities and counties, as the case may be, to the extent of available personnel and equipment not required for adequate protection of the governmental agency rendering aid. The judgement of the director, police chief and sheriff or officer commanding in his/her absence, of each governmental agency rendering aid as to the amount of personnel and equipment available shall be final. 2. Power of Authorit~ Peace officers/employees who shall be commanded by their superior authority to maintain the peace or perform police duties outside the territorial limits of the unit which regularly employs such officers shall be under the direction and authority of the local commanding officer of the governmental agency to which they are called to perform duties, and shall be personnel of such governmental agency for purposes of final authority to perform such services (except as provided in paragraph 5 hereof). They shall have all powers and authority of peace '. -~. = .o-:~)~~;, i.' \0 . 21D~ , I " .,...,..,...,',",." '. " ,.', 0' " ,.:') , ,..., JiF.::s..-m~' " .".. ,.(' -..::1 c,~ ,q~ i'i ~ , , : I , I : I , , ~. I':' I '~,,,d \~;f , ,.~' ( ~','~'''' I; " l'i ~'i~' l..~ .1 ~. \ , '.,' ~ . "~to ,;" ".\(, '., " ., ;,'.' , -,',d , , , , . , , , . ..,~.~ ...,.-,.- - ,_.-,' ,::~ .,1 ".,:';' ...:. ',,'; ;,; .,;...,~..';...:;~' _". '--'.\~_ _.~..":.""..,..__." ..... ,._ -..,;.., :.,~__..__. ..:_",,___...:....... ~.,-~~ ..'<'-,~"",..,,..,,: n' chief administrator of each member shall furnish the other member agencies copies of the resolution approving the agreement and authorizing execution, and a signed copy of the agreement shall be furnished to each party to the agreement. 7 . Reservation to Recall. The governmental agency herewith furnishing personnel and equipment to another governmental agency or agencies in accordance with the terms of this agreement shall have the right to recall personnel and equipment while the same are in service with the governmental agency or agencies being assisted at any time the sheriff, police chief, director or respective pers9n commanding in their behalf determines that there is need for such personnel and equipment, or part thereof, in the jurisdiction of the governmental agency furnishing the assistance. Upon notification of the sheriff, police chief, director or person commanding in their behalf, of the I i b governmental agency being assisted, such police chief, sheriff, director or commanding person shall release the personnel or equipment designated by the appropriate authority of the governmental agency furnishing the assistance either immediately or at such time designated by .!' the authority of the governmental agency furnishing said assistance. The sheriff, pOlice chief, director or commanding person releasing such people and equipment shall order same to report at time and place designated by authority of the governmental agency requesting said release. 8. Terminat~ The agreement shall remain in full :" force and effect indefinitely until such time as a member governmental agency passes a resolution terminating this agreement, which date of termination shall not be less than thirty (30) days after the date of passage of such resolution However, said agreement shall continue in force between other [,10, I governmental agencies not terminating until same is likewise , -', .'l]J1 .. i, , J ,- \ \ .;;'4 rr , " II : I : I , I 'r.' I"; ~t 1 'I.' \" " f~ c~ T : 0 '. '----- agreement snall De !UrnlSnea to eaCh party to the agreement. 7. Reservation to Recall The governmental agency herewith furnishing personnel and equipment to another governmental agency or agencies in accordance with the terms of this agreement shall have the right to recall personnel and equipment while the same are in service with the governmental agency or agencies being assisted at any time the sheriff, police chief, director or respective pers9n commanding in their behalf determines that there is need for such personnel and equipment, or part thereof, in the jurisdiction of the governmental agency furnishing the assistance. Upon notification of the sheriff, police chief, director or person commanding in their behalf, of the governmental agency being assisted, such police chief, sheriff, director or commanding person shall release the personnel or equipment designated by the appropriate authority of the governmental agency furnishing the assistance either immediately or at such time designated by the authority of the governmental agency furnishing said assistance. The sheriff, pOlice chief, director or commanding person releasing such people and equipment shall order same to report at time and place designated by authority of the governmental agency requesting said release. 8. Termination The agreement shall remain in full force and effect indefinitely until such time as a member governmental agency passes a resolution terminating this agreement, which date of termination shall not be less than thirty (30) days after the date of passage of such resolution However, said agreement shall continue in force between other governmental agencies not terminating until same is likewise terminated by the remaining members. 9. Purpose The purpose of this agreement and joint undertaking is to provide a mutual aid law enforcement -~: ,~- ,a )"',',',. '" ...--0,;;"", 2 '7D l( I'"' \::J I 80 /j U., Xt::."'r.Rl' ........'... " ."~ c-'\ \l. ..:-j iC,. . , \ r \ , I f'l I i I I I i I ! I ,I ' i i I r;, I I I I I ,I,j \,-V , r ': - '---" ,'I ' J {. " . ';-'l '~~?~ \',. " "" .. . . ~. ,'. ' ~ ", ,. _,~ :, ,:,,, .:., ' H -. .',i. ,;. _.'.;;.",_,~ '-;;c"","',,,. ""... ~.. ,,_, service for the benefit of the governmental agencies participating hereunder, all as more particularly set forth in the preamble and the terms of this agreement. 10. lJ'inal]Qing All financing will be handled by the individual agencies in the same manner for the respective expenditures for personnel and equipment as is now done independently, and no joint financing or manner of financing is necessary to be established by the terms of this agreement, 11. D' '1: ' l.SpOS1. :Lon of PrOl)erty It is not required to set forth a method or methods to be employed for disposition of property upon partial or complete termination, as hereinbefore authorized, for the reason that all property will continue to be under the respective jurisdiction of the governmental agency owning same. 12. Filina. Recording and l\p.proval This agreement shall be filed with the Secretary of State and recorded with the County Auditors, That further, each member governmental agency to this agreement shall be responsible to obtain such approval on its behalf as may be required under Chapters 28E' of the 1993 Iowa Code, as amended. NOW THEREFORE IT IS AGREED, between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa'City, the City of Coralville, the 6th Judicial District Department of Correctional Services, and the Sixth Judicial, Juvenile Court Services to participate in a program of mutual aid law enforcement service under the provisions of Chapter 28D of the Code of Iowa, in accordance with the following terms and conditions: 1 . Terms and Con4llions The terms and conditions of this agreement are the same as set forth in paragraphs 1-12 of the preceeding agreement except as set forth below. ^."...,',.,~ "-,..,,' ~' '"J:, ;.' .; I 11 Ii ~ ~~, I ~o, ",< .LU. lf1.nanC1n9 fi.l..l. J:.l.nall\ang W.l..l..l., 1Jt:l lIanU.l.eU oy l:ne ' .~ individual agencies in the same manner for the respective expenditures for personnel and equipment as is now done independently, and no joint financing or manner of financing is necessary to be established by the terms of this I I , ' I , agreement. 11. D' 't' 1SpOS1 10n of Property It is not required to set forth a method or methods to be employed for disposition of property upon partial or complete termination, as hereinbefore authorized, for the reason that all property will continue to be under the respective jurisdiction of the governmental agency owning same. 12. Filing. Recording and 1\pproval This agreement shall be filed with the Secretary of State and recorded with the County Auditors. That further, each member governmental agency to this agreement shall be responsible to obtain such approval on its behalf as may be required under Chapters 28E' of the 1993 Iowa Code, as amended, NOW THEREFORE IT IS AGREED, between Linn County, the City of Cedar Rapids, the City of Marion, Johnson County, the City of Iowa 'City, the City of Coralville, the 6th Judicial r .L (- \ District Department of Correctional Services, and the Sixth Judicial, Juvenile Court Services to participate in a program of mutual aid law enforcement service under the i~ ,:.~ provisions of Chapter 28D of the Code of Iowa, in accordance with the following terms and conditions: .. 1 . Terms and Conditions The terms and conditions i I , I , I II , I I, ~i I \,1' \~S of this agreement are the same as set forth in paragraphs 1-12 of the preceeding agreement except as set forth below. 2 . MW.tional Terms_, Pursuant to section 28D. 3 of the Code of Iowa no employee shall be assigned or detailed under this portion of this agreement without the employee's \' ,! '~:' Iii t, , " I' ,~ '0(_~~- - " :a< )v"" Ii ,', .~ \ " 2'7D~ "I' , , '. t;, ../ .:.) '10, ~- """"'" :.n.~""H,'. " ,~" :,: : / ........ -~ ~~-. t i \!~\ ~ .~ ~~~~ . \ ,I~ i I II 11 II l,fi I " l"~,,l) '\~ ' J <!I,' I, ~1~' 'l", ." " ~;, :' ~ " '\~ -, :'W.: , "".. ,', ,~, , ~ n...._~.._.. ..., , ' ~' , , -..~..,_.~-_.~..~..~:!...~ ,,;. .---,;,.,~,';' .,'.,';, \ ! expressed consent or by using undue coercion to obtain said consent, Details relating to any matter covered by this portion of this agreement may be the subject of an agreement between the sending and receiving agencies. This agreement filed and dated by the respective parties as follows: Dated thiSJ---M day of~J, 1994 City of Cedar Rapids, Iowa ~lt ~t,O~ Ma or D Dated this ~ day of ~oVW-~(f , 1994 City of Marion, Iowa l. Mayor U \\. ~~ City Cle'rk Dated this 30 day of ;1JtJ t//tJ1.(/3/Eif?, 1994 Linn County r r;k '~' 'heriff~ ~ tflAm..-111 !'N...,. 10, .ml " J., r~ \ ~ I' i I ! t' , I II i I I,z-, " I i ~ ~', '.i~ I',' II 1j' - {( --., .. ,~\ ,----~. .........""n....l;;u .....u.c Qt::J.!UJ.U~ ClUU r:tH..:t::.LV.LU\j d.':l~.I.H";J.~::l1 This agreement filed and dated by the respective parties as follows: Dated this J-,.,M day of~J, 1994 City of Cedar Rapids, Iowa ~lt ~t?O~ Ma or Dated this ~ day of \"Icl\)(J'M~tr , 1994 City of Marion, Iowa l. Mayor .. U\\,W~ City C1e'rk Dated this 30 day of ;1JrJ t/5/1.t!3131f., 1994 Linn County r ~ '~' / ~ ~ Sheriff !JJ. h lrperson Linn County Board of Supervisors '. - ij~--'~ ',"; ;'-. " '~, · "In)--;".--..' ."C" co:,\"" ,c.. ,.';, ",:0:,,, n: , ' ("", ',' , ",.,-..,'.", ," '"" '. ' " ",'I ' ' , , ,I I r , ,I " 21D~ :",,;~"~J', -":'r:":.,:[r.~,,, /)' 10/ ":'. i',' ,'" m~.; ...::,,_v' , ! , j,; , ", " r~-~ ~', . .,,', .h' C-"\ " \ I \~, ,,':" ,.....;H r->, I ' , I I ,I ~ ! I II II iT] ~~, ,! i k - l_~~ ,~ , :~' , " ll' ~'. ' Dated this 5 day of #/-PA/lfJ.uJ 1994 City of Iowa City, Iowa ,a~~'3 7Jtt2/N~A() -j/, idM) ~ Clerk Dated this S day o~ 1994 Oltl~ ~ City Clerk Dated this ~ day Of~' 1994 ,I' Johnson County Cha erson Johnson County Board of Supervisors '~l~ Johnson County Auditor '10', , ';::':::,' - ,;,~ '.: ~, .".... , ,. r::, .. ,~ " , "" 0..,"',' :'1,.' : ' ",: ~ \ '-\ !, . ,'~ " ;. ;',' ',,'.. :" ." '..:i.' _ , .- .\-~..., ;...... ,,:;, .,~::':...;.:;;i;::;:t':'ii\:"I,.;:2.<:,.:~..,;:.'.:.;\\~~~;;....... ~_, "...,.,_.....~..:.w~~, ..:,... " .... :, "...-...,+,.._.~..._,..._~..:.,-,-'---,-..... : , " " " ' , ....,.. ,~, ,-_..----,~,-'--.._.._..._,--~~,...."" ' .' . . " Dated this 30 day of Novembe (' , 1994 Sixth Judicial District Department of Correctional Services rJ),j;~ f2; ;;~ Chairman of the Board of Directors Dated this 5-\i day of~~()J\, 1994 Sixth Judicial District, Juvenile Court Services (i .~~ ,.,:-0.--,' i I, l, ~ I ~ ~ I i ~, ,!' , I , I I II W \~ ~jl! , 1, ~"') f'" ~i ,', ;1\ ~', ':\ " ---" , ~ It], ,'...., . ", ,Jzm' ~ ' . , , ,..--..... ,~( \ \ \1. .,_;l\ rs;~. ',I I" " I ' : I~ I: I , I' , I . I : I , , I ~:, I I" I 'I I : ! ,\ ", ~"...::;/ ., f , Y:_';a',"":,'; i.:~'iWJ '''" . , J ~ . "~:' M"""-_ , :I,'; ~ ~, ~", j " .' , ',~? :\'!' ','t .,' ' ~ , '~. ':..' ~ ". . ","~,,"""'n.. ,'.,...'-'-,..;. officers in such jurisdiction as provided by law, including the power of arrest. 3. Compensation Mutual aid law enforcement service shall be rendered without charge to a member of this agreement; provided, however, that as a result of having furnished aid, should the assisting governmental agency be required to seek assistance from another non-member governmental agency or authority, which imposes a charge for same, then in that event, the governmental agency originally seeking such aid shall reimburse the assisting governmental agency in an amount equal to the charge imposed upon the assisting governmental agency by the non-member authority assisting it, 4. lUlJ,es and Regu1otions The police chiefs, the sheriffs and the director of the member governmental agencies to the agreement shall establish uniform rules and regulations for giving and receiving aid, subject to the approval of the governing body of each member governmental agency. A copy thereof shall be filed with the clerk and auditor of each member governmental agency. The rules and regulations may be revised and amended from time to time by the police chiefs, sheriffs and director upon their unanimous agreement, subject to the approval of the governing body. Each revision or amendment shall be filed with the clerk and auditor of each member governmental agency to this agreement. 5. W.Bbilit~ All wages and disability payments, pension and workm~n's compensation claims and benefits, damage to equipment and clothing, and medical expense and all other claims and benefits in connection with duties outside the jurisdiction in accordance with terms of this ,agreement shall be the responsibility of the governmental agency regularly employing such peace officers. I! ~"'.lI_..&..I.._ I'\....&..... "ll "'.,....ft.ftWlft.""'~ I'J1h~Q ~NY't\omon'" '"' i ! , , _' .... ." _ . ~,~ :'1:' ~t I 10, .u .r r , \ , \ I:i:.-, I, ~:, , ! I I , , . i , t' i !":' I I :,\ ~~ ~"~" 1,'1" ~': \ i;'I' '." '-- o:lHC1.L.L lJt:l renaerea Wlthout Charge to a member of this agreement; provided, however, that as a result of having furnished aid, should the assisting governmental agency be required to seek assistance from another non-member governmental agency or authority, which imposes a charge for same, then in that event, the governmental agency originally seeking such aid shall reimburse the assisting governmental agency in an amount equal to the charge imposed upon the assisting governmental agency by the non-member authority assisting it. 4 . RulQs and Regulations The police chiefs, the sheriffs and the director of the member governmental agencies to the agreement shall establish uniform rules and regulations for giving and receiving aid, subject to the approval of the governing body of each member governmental agency, A copy thereof shall be filed with the clerk and auditor of each member governmental agency. The rules and regulations may be revised and amended from time to time by the police Chiefs, sheriffs and director upon their unanimous agreement, subject to the approval of the governing body. Each revision or amendment shall be filed with the clerk and auditor of each member governmental agency to this agreement. 5.~ All wages and disability payments, pension and workm~n's compensation claims and benefits, damage to equipment and clothing, and medical expense and all other claims and benefits in connection with duties outside the jurisdiction in accordance with terms of this ,agreement shall be the responsibility of the governmental agency regularly employing such peace officers. 6. Wective D~te of Agreement This agreement shall become effective between governmental agencies upon the date of passage and execution by the last governmental agency which is a party to this agreement. The clerk, auditor or -.,. , - I - .. , 21D 9 'I' / r.. ,', ".,," :(C~~ ,', ~'" LJ)~;:" ID ~ ( i 0'/ ....,,:;.-\. , !- ,.' .m."El ,,::,,:,,'. ' , -:.- i~.. .A , ,C"- (~\ ~", ,...,-.-:1 '''7;'; , (-'~,- , '\ " \ II '1.' ! 1,1 i 'I,. I~ I ii' i I i III i I II I r" I ' ( I l,.) .', \',---~ " t: :, 0 ., f" r'i .:' '... , ",,'" : . ,Ai,'" ',.,.t..'.. .',', ~ . . ',' .',t", , , ,; .~..., ~' . " :, ;:, ~: ',-:,' ! ',:;.. ;'_,-', :~', ;.;," c': l~" ~ ','.;.~ --.' ,:'.,-,:.' _,..:..,~;, j,.',':' , ' 7Y'l\-';} RESOLUTION NO. 94-341 RESOLUTION AUTHORIZING FUNDING OF ROOF REPLACEMENT PROJECT FOR THE AIRPORT TERMINAL BUILDING AND THE UNITED HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT. WHEREAS, the Iowa City Airport Commission has responsibility to maintain and improve the infrastructure at the Iowa City Municipal Airport; and, WHEREAS, the roofs on the Airport Terminal Building and the United Hangar Building have far exceeded their projected life expectancy and are in need of replacement; and, WHEREAS, the project is not fundable through the IDOT or FAA Airport Improvement Programs and must be funded locally, and WHEREAS, the Commission held a public hearing on the project and received the following three bids: a) b) c) D.C. Taylor Company Jim Giese Commercial Roof Company Maintenance Associates $54,120 $59,935 $69,450 and, WHEREAS, the Commission recommends the City Council accept the bid of D,C. Taylor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. The Mayor is authorized to sign and the City Clerk to attest the authorization to fund a roof replacement project for the Airport Terminal and United Hangar Building at the Iowa City Municipal Airport. 2. The Airport Commission recommends awarding the project to D.C. Taylor Company for $54,120, with a starting date of March 1, 1995, Passed and approved this 8th day of November ,1994. !lu~.L,J,~ ,MAYOR Approved by ATTEST: '~~J i! ~J CIT CLERK, nllegallalrproof.res 11/3/9V '-~-"'" ~- ',)~~_~:~- ,V'fJ ~10' ]'-_.._.."'~....,...."_...._--,.."---'_..'--...'T..."".." . '.' O',<;~)!:.";<\ ,y'" ';:S': ,,'- r I ~" ~" . ~\ ' '~"" [, , ,','~. ifi' \ k,',~". rO" ,...,'::':;1"'" .':, ,"""""', .;.1iJ.\,I-'lit.:I.",... , .,....~. , -.'1', _.: , , " l,' ,..' ,. ~ _._.... _,..',,_, .L~:;~.~.:."..:~,,::,:,~'~4_..!::' ",;~:~....2..~...::~....:~~..:.._~:~.;...~;..;,'........;..:;.~~'~'~~.:. . , '._'__'_U.___'~.__'___.'._'_;""'_'" """"1 :,:,'i Resolution ,No. 94- 341. ' Page 2 - " , ' " It was moved by Novick and seconded by adopted, and upon rol~ call there were: Baker the Resolution be , , ! ! '.l , AYES: NAYS: ABSENT: x Baker X Horowitz X Kubby X Lehman I 11' Novick I x Pigott X Throgmorton /' "< '1 " j 'I I ". ,,: "" i ".. ~-..:..,' ! " t , ,........-..:,. ,1',' (~\' . ~i "...~ ' " 1'~\ I',' I \ l:, I.'. X:', i\ I," ,-, i \1 111'1 I' ] ",1" I [') : : " I j l_"J; I,','," " .. : 1,1 ... I " L~'-'- "-' - _: . ..?,'"-rt ~,o, " ,"",a ',,: ' ,'.,)\(,;,'..~":"':"',"A, " '. .."1...'...'.,: ,,' :,,;,;(::.:',' ': ,'::::', ,', :,',:';,':.c:,'j',',;';.'/",',.:,: "I"'~')'" '".:..',,'.,-,:.....-..\,, :is' .ll , h' 0, ~,~.~;~\ ' ' , 'I :~~:", J"" / "" ,.............~-... r';'\ \\. .,~j. 1,>"-1: \ 1:.,..,.' I , ,I ',:, ,- ~ ' I ; I, i I :/ i I II : I " I,~! I' . " l I j, " \,,,~/I.' \~ ..' ,_,(' 0 ". ,,"i'i' " , " -- '., " ," , '~ ". "','., ',1.' , , .. I ~ ":, ,;1\\,'; ,;,',,\\ <..', , ' 1 " '. ".,' ,..:.',.;.....:.....:~~_..,."~~;."..;;~~;";;I1:.::""..'~';~,'~..,:,,'"-'" .~,:..;.,._j::.,_..:.._... . " \ .I MAYOR Passed and approved t s day of , 1994. Approved by: ATTEST: CITY CLERK . , .),.", , , "'. " ., ._._--,..;--,-~.~---_.:-...._,:. City Attorney's Office / / u~~-: ),',."..,.,',""..,....,',..,..,.._" "'0".\;- " '\':" " 'I',"':"'" ';'1"'" ",,'''..' :"'-' I Ii., ,~.,\~"" m "', t t I,', ' ,'.. , ~ a10, 'i ,',.".,..,.,""',.,.,.,..I;:'S".:;,.,.'.d" , , , ". , .'.,n ~~iJ,_" " ~.'" j, ' '...,..,'-,' .: '\~t\ '( i " ,\.. , "..",.,.. " :r ., , . :~. ~ -, f" , . " ,.,.,.,;",.-'.1"-;,,,- "" "':~l;':~":;';~' '::i, ,:,.'.' !:': ,.".': .' _ ,'J.. ';,~ ~ -rY\ l. '} RESOLUTION NO, 94-142 RESOLUTION ESTABLISHING A NON.REFUNDABLE FEE FOR THE REGISTRATION OF A DOMESTIC PARTNERSHIP IN THE CITY OF IOWA CITY, IOWA, WHEREAS, the City Council of the City of Iowa City has adopted a new Human Rights Ordinance that establishes a registry for Domestic Parterships; and WHEREAS, the payment of the aforementioned fees is necessary to offset the administrative costs of such activities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT THE FOLLOWING FEE IS HEREBY ESTABLISHED: $30,00 per application Passed and approved this 8th day of November , 1994. ~>n.~r~5 w..YOR - , Approved y ATTEST: ~J .f( ~ CI CLERK It was moved by Bakp.1" and seconded by Kubbv be adopted, and upon roll call there were: , Off~i / ;/o/f the Resolution ('" "h, c-'\ \ ~ if i I i AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Throgmorton x x x ~ 11 I \ 'I i I I, I fl. ! I '.\ ' ~ {it; , I :,' x x x civlregfee.res ~"\ "-'i'C':'~--'::,'--C""F':.' , I '- l ~) :Q,,"'~ - , --~-- ]~:;,'." < l~! I " . , 0 .~ [) I \ ~ M" 8 ' wO, ,',:..:~~;\ :,;' , ' .mm{,:",~,; ;,..):: ~!~" " / --...:, (r"C~ . !,"j", r',.,\t',',"" \ ' \ \ '1'\ ,..... ~ 'i. J::t- r' I r , .. i i 1 , Ii : I II II ! I I tl I I"U I ~l)l ! : /r---o (' ' .L" '.-'.t 'l..., , .".,1 '.'......1,., '. ' ~' .. ::'::~:~~~~\t,'.,. , ,', -,,' .." ,~. " " ..' ,,',;# RULES AND REGULATIONS FOR DOMESTIC PARTNERSHIP REGISTRY YOU MUST READ THIS BEFORE YOU SIGN ~ I .1 \ .....,,e.., ,) CITY OF IOWA CITY 1, All declarations of domestic partnership delivered to the City Clerk without the filing fee will be returned to the declarant by regular mail. 2. The declaration of domestic partnership becomes a public record the declaration is received by the City Clerk, 3. Certified statements declaring the domestic partnership may be issued by the City Clerk three (3) days after the declaration and filing fee are received by the City Clerk. Certified statements will not be mailed by the City Clerk, but may be picked up by a declarant after 3:00 p.m. on the third working day after the declaration and fee is filed. 4. If a declarant reconsiders the decision to register for domestic partnership within three (3) days of filing the declaration, the declarant may give such notice to the City Clerk and the declaration will be expunged. 5. If a declarant does not pick up the certified statements from the City Clerk's office within three (3) days, the declaration will remain on file for a period of ninety (90) days, after which time the declaration will be expunged, civright\dompart,reg 11/1/94 , " ,,':. .\- ,"'" , '. I" ,: "'0 ' , !~J] , , " ',~t i "Ii:! , . ,~' ~ " "'.... . ':::., ", , _,.., .,_,'A".,h~'.;' ..."...., ,:..~ i.,:,c,',.<;'_:' .'_J...,:o_o:....",..,... ,,_~., " ,i','.,..' CITY OF IOWA CITY DECLARATION OF DOMESTIC PARTNERSHIP /.",. ._"" -' , \ l \ j~ ,:; ! , " i 1,.&-- _ i CITY OF IOIVA CITY Pursuant to Article VI of the Iowa City Human Rights Ordinance, the undersigned hereby declare the following to be true: 1. We are in a relationship of mutual support, caring and commitment and are responsible for each other's welfare, 2. We are not married or in any other domestic partnership and have not been so for the last ninety (90) days preceding the date of this declaration. 3. We are not related by blood closer than permitted under the marriage laws of the state. 4. We are at least 18 years of age and otherwise competent to enter into a contract, 5. At least one of us resides in Iowa City, or at least one of us is employed in Iowa City. 6, We intend to provide the City with written notification if there is any change attested to in this document. To the best of our knowledge, the above statements are true and correct. Print Name Print Name Address Address I ( ';'; \ \ , Signature Signature If both parties cannot sign at the same time, separate notarization is required for each signature. Subscribed and sworn to before me this Subscribed and sworn to before me this v::1 , I'i day of day of ,19_. .19_. Notary Public, Johnson County, Iowa My Commission Expires: Notary Public, Johnson County, Iowa My Commission Expires: , , : I : I , i , , , i { i l ~J ') CERTIFIED STATEMENT: The parties who have signed and attested to the requirements for Domestic Partnership eligibility are considered Domestic Partners for purposes of Title 2, Article VI of the Human Rights Ordinance of Iowa City, Iowa, City Clerk :~. .; ,g (' INFORMATION COLLECTm ON THIS DOCUMENT IS PUBLIC AND MAY BE VIEWED BY ALL REQUESTORS. This form must be accompanied by a $30.00 application fee. " I" civrighl\declar.frm ~,\\ ,Co ) --------...- "'_m~-.' u -- -- -~~ ' ~~r ,j:;,;' 1 ~' " r I I ~ 10 ; I I it I , , I I /t... ",.' 0 J~' ",. ., r"\ ,. .> . ',~t:', I , ,~t,,\, ... "-' , " . ~ . " ~",,' .""" :~.".'.'-' '",,', ,I "__",' ~ ".', "'" ." ~~., " _ "'... . " STATEMENT TERMINATING DOMESTIC PARTNERSHIP STATE OF IOWA: COUNTY OF JOHNSON: ss.: I, the undersigned, do declare that: c I(, i i i ! 1. I, . and are no longer domestic partners, 2. I sent a copy of this notice to my former domestic partner on I mailed a copy or copies of this statement by certified mail to: . 3. I provided the City with the original or copy of the certified mail return receipt. 4. I declare under penalty of perjury under the laws of the State of Iowa that the statements above are true and correct. Dated: . 19-1 in Iowa City, Iowa. Print Name Address Signature Subscribed and sworn to before me this day of .19 Notary Public, Johnson County, Iowa My Commission Expires: A domestic partnership will be considered terminated when the earlier of the following occurs: ~ 1. One of the persons in the domestic partnership diesi 2. Ninety (90) days elapse after both partners file a notic~ of termination of the domestic partnershlpi or Ninety (90) days elapse after one partner files a notice of termination of domestic partnership and provides proof that notice has been mailed to the other partner at their last known address, or that the partner cannot be located or refuses to accept the mailed notice. A properly mailed notice which is returned as refused or undeliverable shall be adequate proof. 3. INFORMATION COLLECTED ON THIS DOCUMENT IS PUDLlC AND MAY DE VIEWED DY ALL REQUESTORS, c1vrlghl\lerm.frm }I ~\l , 'J It', lC" O~ ~I'\\\I ", ' I" 'S , ~ '. "' , ,,- - ',O'r)-' , ~. , ! ! ' o , I 0, 1'1," , ":'~...,' ~ . .;:'., '. ". ; :': t 'i :\~I ' . .. " -',','\ ;--, .', ' (, ' " " ., ~ 0'\ 0'\ ,.. c o " " >- .;001 u ~ ~ o - '0 >-~ .-:: ..c U...., OJ ~ l"".= -~ ...., .- .. o~ ~u . OJ - U >- ...., u OJ ..c I- "C C ~ b() c .- - .- . ~~ >.1- ,Q~ .u OJ >- ..c...., ...., .- Ou ..c OJ U..c ~...., OJ"", o 0 ...., OJ ...., U c.- OJ;:: EO ...., .- OJ E..c E"'" c 0._ U c.. "C .- c..c I'd 1.'2 b()OJ c c .- 't I- ~ ~~ " U 't.;:: o III c..OJ c..E ~ 0 III 0 - I'd~ ~ 0 ...., ~ c E.~ I-~ .- I- OJ l'd J:_ ...., U "C~ Q)L..I ~ I'd - U OJ "C . ~ .. QI U >- .. u ~ t3 ~ ~ ~ a <, ~ i ' (.f'h I \ ~ ~__u ..,..,.-;', .'... .",' ,~. ..~" , ~ . - ,..-~ :~ ( c'=- \ ,.~ !(''''' r ,: I I i I: II" I ' , I [ I I ~; d J "; ,,' I~ . p;' r,ry :' ~! (~ mbn- .. \,,'; " ';;,<,:, , , . t" ,~ ":':' \~t;~' , ' ,.' '...~.''' '. .'.:, "'. , - . ' "......;., ;".'" ";'~'" ",\ ,"",:,', ~. " " ,.,,':, ". i.' , ': ,e.:. ,.._..._~,..:, ~'~~ ~~;';"';;L.",:"":,,_""""~'::'::"""~A;~"">""~.'IC:;~~~,-,~~,;.,..,;:':~...;...::':""';.,..,...:.:;,,._.....,......~ ..~..,~,~c_,~, ...co__.._.~_'.~.___.~. ,_~_ _~.. '-'-'--.--, ORDINANCE NO. ORDINANCE AMENDING TITLE 9, ENTITLED "TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS," SECTION 7, ENTITLED "TOY VEHICLES," OF THE CITY CODE BY ADDING A NEW PARAGRAPH TO PROHIBIT TOY VEHICLES OR SIMILAR DEVICES UPON SIDEWALKS IN THE COMMERCIAL DISTRICT. WHEREAS, It is the intent of the Iowa City City Council to prOVide a safe environment for pedestrians and public users of sidewalks in commercial zones; and WHEREAS, an ordinance prohibiting toy vehicles such as roller skates, rollerblades, skateboards and coasters in any commercial zone was included in the former Code of ordinances of the City of Iowa City; and WHEREAS, it would be prudent to continue to prohibit the use of toy vehicles and other similar devices in any commercial district for the safety and protection of both pedestrians and toy vehicle users. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 9, entitled "Traffic," Chapter 1, entitled "Definitions," Section 7 entitled "Toy Vehicles" of the City Code be amended by adding a paragraph to read as follows: No person shall go upon any sidewalk in any commercial district on any toy vehicle or similar device. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 1JJ ~~ MAYOR ATTEST: CITY CLERK ''kI9t/ pollcol!ovveh,o,d 'T"P ,-- - "_ ~'l~ , " " . ,,',._-'":\'"'''''''T:''' ~L,O',Jlj.' .,', ',','.' ' ' :/ 5 ':. ".. ',,' I " , 1 Q ,I' J I,Or