HomeMy WebLinkAbout1994-12-20 Resolution
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RESOLUTION NO.
94-360
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby. granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
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Gabe's - 330 E. Washington Street
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It was moved by Novick and seconded by Throgmorton that the Resolution I
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Baker ~
x Horowitz
X Kubby
,,.-... Lehman
( , X
,,':, X Novick
r-"'\ X Pigott
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I Passed and approved this 20th December
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CIT . .CLERK'
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RESOLUTION NO, 94-361
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST TWO 121 SANITARY SEWER EASEMENT AGREEMENTS FOR 753 W.
BENTON STREET.
WHEREAS, pursuant to Section 14,5H,2 of the City Code of the City of Iowa City, Iowa, Tom
Lepic submitted a site plan for the construction of a 12-unit apartment building addressed 753
W, Benton; and
WHEREAS, City staff has approved the site plan for 753 W. Benton Street subject to Lepic
and the adjacent property owner entering into Sanitary Sewer Easement Agreements with the
City of Iowa City; and
WHEREAS, the easement agreements require City Council approval; and
WHEREAS, the execution of said easement agreements is in the public interest and advances
the public health, safety and welfare of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The Mayor is hereby authorized to sign and the City Clerk to attest the Sanitary Sewer
Easement Agreements for 753 W. Benton Street.
2, The City Clerk is hereby authorized and directed to certify a copy of this Resolution to
be recorded by Tom Lepic in the Johnson County Recorder's Office, together with the
Sanitary Sewer Easement Agreements.
Passed and approved this 20th day of December
,1994.
IL~~.~~-
MAYOR
Approved by
ATTEST: ~ .,f ~
CIT CLERK
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It was moved by Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
ABSENT:
NAYS:
x
X
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
pweng\753wbent.res
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RESOLUTION NO. 94-362
RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER IMPROVE.
MENTS FOR 753 W. BENTON STREET.
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,
Two manholes and 162 linear feet of a,inch PVC truss pipe sanitary sewer
improvements for 753 W. Benton Street, as constructed by Maxwell Construe.
tion, Inc. of Iowa City, Iowa,
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 improvements be hereby accepted by the City of Iowa City, Iowa,
Passed and approved this 20th day of n"r"mh",.
/ 1994.
IL~ h._ ~AVJ~~
MAYOR '- /
Appro,,' by - --
ATTEST:A~.) ,f -IdvJ
CIT CLERK
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It was moved by Novick and seconded by
adopted, and upon roll call there were:
Throe;mol"rnn the Resolution be
AYES:
NAYS:
ABSENT:
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Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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ENGINEER'S REPORT
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CITY OF IOWA CITY
December 1, 1994
Honorable Mayor and City Council
Iowa City, Iowa
RE: 753 W. Benton Street
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the sanitary sewer improvements for 753 W, Benton
Street 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 sanitary sewer improvements constructed by Maxwell Construction,
Inc, of Iowa City, Iowa,
I recommend that the above-referenced improvements be accepted by the City of Iowa City,
Sincerely,
;7)114/'iut
Richard A. Fosse, P,E,
City Engineer
B:\ENGRPT,MB
410 EAST WASIIINOTON STREET' IOWA CITY, IOWA 52240.1126. (1I9) ,,,.5000. FAX (319) 3".5009
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RESOLUTION NO. 94-363
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A CIVIL DEFENSE WARNING SIREN EASEMENT AGREEMENT FOR WILD
PRAIRIE ESTATES, PART ONE
WHEREAS, the local emergency management plan for the City of Iowa City requires the
installation of a Civil Defense Warning Siren within Parl One, Wild Prairie Estates, a subdivision
of the City of Iowa City, Johnson County, Iowa; and
WHEREAS, the Owner, Kennedy-Hilgenberg Enterprises, has requested that the City erect said
Civil Defense Warning Siren outside of the public right-of,way to preserve the marketability and
property values of adjoining lots; and
WHEREAS, the Owner has agreed to enter into a Civil Defense Warning Siren Easement
Agreement wherein the City is granted an easement within the existing Utility Easement area
for placement of the civil defense warning siren; and
WHEREAS, the local emergency management coordinator, the Owner and the Utility Easement
Holders have agreed to place the civil defense warning siren within the civil defense warning
siren easement area designated and legally described in the Permanent Civil Defense Warning
Siren Easement Agreement and plat attached hereto as Exhibit "A" and incorporated by this
reference; and
WHEREAS, Public Works has recommended placement of the civil defense warning siren
within the proposed easement area and it is in the public interest to place the civil defense
warning siren within the proposed easement area; and
WHEREAS, the easement agreement requires City Council approval; and
WHEREAS, the execution of said easement agreement is in the public interest and advances
the public health, safety and welfare of the citizens of Iowa City, Iowa,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1 The Mayor is hereby authorized to sign and the City Clerk to attest the Permanent Civil
Defense Warning Siren Easement Agreement for Wild Prairie Estates, Part One,
between the Owner, Utility Easement Holders and the City, upon direction by the City
Attorney,
2, The City Clerk is hereby authorized and directed to certify a copy of this Resolution for
recordation in the Johnson County Recorder's Office together with the attached Exhibit
"A", said recording costs to be paid by Kennedy-Hilgenberg Enterprises,
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It was moved by Novick and seconded by
be adopted, and upon roll call there were:
Throgmorton the Resolution
AYES: NAYS: ABSENT:
x Baker
x Horowitz
1r Kubby
i X Lehman
1 Novick
I' X
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, X Pigott
'-, . x Throgmorton
Passed and approved this ?Ot h
day of np~pmhpr
I 1994,
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MAYOR .
ATTEST: lJt~ .,f!,,~
CITYCLERK ' I,
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PERMANENT CIVil DEFENSE WARNING SIREN EASEMENT AGREEMENT
This Agreement is made by and between Kennedy-Hilgenberg Enterprises, (hereinafter
"Owner"), Iowa-Illinois Gas and Electric Company, U,S, West Communications, and TCI
Cablevision, (collectively hereinafter "Utility Easement Holders") and the City of Iowa City, Iowa,
a municipal corporation (hereinafter "the City"),
WHEREAS, the local emergency management plan for the City of Iowa City requires
the installation of a Civil Defense Warning Siren within Part One, Wild Prairie Estates, a
subdivision of the City of Iowa City, Johnson County, Iowa; and
WHEREAS, the Owner, Kennedy,Hilgenberg Enterprises has requested that the City
erect said Civil Defense Warning Siren outside of the public right-of,way to preserve the
marketability and property values of adjoining lots; and
WHEREAS, the Owner has agreed to enter into a Civil Defense Warning Siren
Easement Agreement wherein the City is granted an easement within the existing Utility
Easement area for placement of the civil defense warning siren; and
WHEREAS, the local emergency management coordinator, the Owner and the Utility
Easement Holders have agreed to place the civil defense warning siren within the Civil Defense
Warning Siren Easement area designated and legally described on the plat attached hereto as
Exhibit "A" and incorporated by this reference; and
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WHEREAS, Public Works has recommended placement of the civil defense warning
siren within the proposed easement area and it is in the public interest to place the civil defense
warning siren within the proposed easement area.
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IT IS HEREBY AGREED AS FOllOWS:
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For the sum of One Dollar and other valuable consideration, receipt of which is hereby
acknowledged, Owner and Utility Easement Holders hereby grant and convey to the City an
easement for purposes of excavating for and the installation, replacement, maintenance and
use of a Civil Defense Warning Siren as the City shall from time to time elect for the purpose
of providing emergency warning services to the public and\or complying with the local
emergency management plan together with all necessary appliances and fittings for use in and
in connection with said Civil Defense Warning Siren, together with adequate protection thereof
and also a right,of-way with right of ingress and egress thereto, over and across the premises
designated "Civil Defense Warning Siren Easement" and legally described on the plat attached
hereto as Exhibit "A" (hereinafter "easement area"),
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The Owner, Kennedy-Hilgenberg Enterprises, shall, upon purchase, advise the
purchaser of the adjoining lot, lot One, Wild Prairie Estates Part One, of the existence of the
Civil Defense Warning Siren, and shall further advise the purchaser that said siren will be
periodically tested in conformance with the local emergency management plan for Iowa City,
Iowa, The recorded easement shall be further notice to the original purchaser and any future
owners that said siren will be tested from time to time in conformance with the local emergency
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management plan far lawa City, lawa,
Owner and Utility Easement Halders further grant to. the City the fallawing rights in cannectian
with the easement:
1, The right to. grade said easement area far the full width thereaf, and the right to.
extend the cuts and fills far such grading into. and an said land alang and autside af said
easement area, to. such extent as the City may find reasonably necessary,
2. The right fram time to time to. trim, cut dawn and clear away all trees and brush an
said easement area and an either side af said easement area which naw ar hereafter in the
apinian af the City may be a hazard to. the civil defense warning siren, ar may interfere with the
exercise of the City's rights hereunder in any manner.
The City shall indemnify the Owner and Utility Easement Halders against any lass and
damage which shall be caused by the negligent exercise of any said ingress ar egress,
canstructian, use ar maintenance rights by the City ar its agents ar emplayees in the caurse
af their emplayment.
The Owner and Utility Easement Halders reserve a right to. use said easement area far
purpases which will nat interfere with the City's full enjoyment of its rights hereby granted;
pravided that the Owner and Utility Easement Halders shall nat erect ar canstruct any building,
fence ar other structures; plant any trees, drill ar aperate any well; canstruct any abstructions
an said easement area; ar substantially add t6 the graund caver af said easement area,
The Owner and Utility Easement Halders hereby cavenant with the City that they are
lawfully seized and passes sed afthe real estate described abave, and that they have gaad and
lawful right to. canvey it ar any part thereof.
This easement shall inure to. the benefit af and bind the successars and assigns af the
respective parties hereto., All cavenants shall be deemed to. apply to. and run with the title to.
the land.
SIGNED this (Ie.
5
, 199f
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day af '-l <l./Iliftl"{j
KENNEDY.HILGENBERG ENTERPRISES
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CITY OF IOWA CITY, IOWA
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Marian , arr, City Clerk
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STATE OF IOWA
JOHNSON COUNTY
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On this ..3Qday of December, 1994, before me the undersigned, a Notary Public in and
for said State, personally appeared James R. Kennedy, to me personally known, who being by
me duly sworn, did say that the person is one of the partners of Kennedy,Hilgenberg
Enterprises, a partnership, and that the foregoing instrument was signed on behalf of the
partnership by authority of the partners, and that James R, Kennedy acknowledged the
execution of the instrument to be the voluntary act and deed of the partnership, by it and by
the partner voluntarily executed,
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STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 80day of December, 1994, before me the undersigned, a Notary Public in and
for said State, personally appeared Jerry J. Hilgenberg, to me personally known, who being by
me duly sworn, did say that the person is one of the partners of Kennedy-Hilgenberg
Enterprises, a partnership, and that the foregoing instrument was signed on behalf of the
partnership by authority of the partners, and that Jerry J. Hilgenberg acknowledged the
execution of (he instrument to be the voluntary act and deed of the partnership, by it and by
the partner voluntarily executed,
tate of Iowa
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STATE OF IOWA )
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JOHNSON COUNTY )
On this ~day of '"J;,nuCU""4- ' 199~ before me, the undersigned, a Notary
Public in and for the State of Iowa, pers'bnally appeared Susan M. Horowitz and Marian K. Karr,
to me personally known, who being be me duly sworn, did say that they are the Mayor and City
Clerk, respectively of said municipal corporation executing the foregoing instrument; that the
seal affixed thereto is the seal of said municipal corporation; that said instrument was signed
and sealed on behalf of said municipal corporation by authority of City council of said municipal
corporation; and that the Susan M, Horowitz and Marian K Karr acknowledged that execution
of said instrument to be the voluntary act and deed of said municipal corporation and by them
voluntarily executed,
s"""'~ ;:;~
Notary Public in and for the State of Iowa
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PROPRIETOR:
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CIVIL DEFENSE WARNING SIREN EASEMENT
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BEGINNING AT THE SOUTHEAST CORNER OF LOT ONE, WILD PRAIRIE ESTATES PART ONE, IOWA
CllY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 32, AT PAGE 54, OF THE
RECORDS OF THE JOHNSON COUNlY RECORDER'S OFFICE: THENCE S75'29'20"W, ALONG THE
SOUTH LINE OF SAID LOT ONE AND THE NORTHERLY RIGHT-OF-WAY LINE OF ROHRET ROAD,
10,40 FEET; THENCE N01'24'05"W, 15.44 FEET; THENCE N77'02'15"E, 10.32 FEET TO A
POINT ON THE EAST LINE OF SAID LOT ONE; THENCE S01'24'05"W, ALONG SAID EAST LINE
15.15 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 153 SQUARE FEET, MORE
OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
9l1otY
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I HEREBY CERTIFY THAT THIS PLAT, MAP, SURVEY OR
REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, AND THAT I AM A DULY REGISTERED
LAND SURVEYOR UNDER THE LAWS OF THE STATE OF
IOWA,
~,191.Y
OBERT D. MI LSON, REG NO. 7036 ~
MY REGIST TION EXPIRES, DECEMBER 31, 19~c:.../
~ L7TH~ ~9<J!fr
NOTARY PUBLIC, IN AND FOR THE STATE OF IOWA
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Defense Warn ing Siren Easement
Lot 1, Wild Prairie Est. pt 1
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Exhibit "A"
\PERMANENT CIVIL DEFENSE WARNING SIREN EASEMENT AGRE
\This Agreement is made by and between Kennedy-Hilgenberg Ente 'ses, (hereinafter
"Owner"), lawa-lllinais Gas and Electric Campany, U,S, West Camm icatians, and TCI
Cablevisibn, (callectively hereinafter "Utility Easement Halders") and the ty aflawa City, lawa,
a municip~1 carparatian (hereinafter "the City"),
\
WHEREAS, the lacal em~rgency management plan far the ity .of lawa City requires
the installatian \~f a Civil Defense Waming Siren within Part 0 e, Wild Prairie Estates, a
subdivisian .of the\.ity .of lawa City, Jahnsan Caunty, lawa; and
WHEREAS, t~e Owner, Kennedy-Hilgenberg Enterp' es has requested that the City
erect said Civil Defense Waming Siren .outside .of the p lie right-af-way ta preserve the
marketability and prap~y values .of adjaining lats; and
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WHEREAS, the 6w~er has agreed ta enter inta a Civil Defense Warning Siren
Easement Agreement wherein the City is granted n easement within the existing Utility
Easement area far placement b\e civil defense, rning siren; and
WHEREAS, the lacal emergency rnanag ~ent caardinatar, the Owner and the Utility
Easement Halders have agreed ta pl~~e the civil efense warning siren within the Civil Defense
Warning Siren Easement area designal\d an egally described an the plat attached hereta as
Exhibit "A" and incarparated by this refer~ ; and
WHEREAS, Public Warks has re a r;nended placement .of the civil defense warning
siren within the prapased easement are and it~s in the public interest ta place the civil defense
warning siren within the prapased ea ment ar a.
IT IS HEREBY AGREED AS FOL WS:
Far the sum .of One 0.011 r and ather valuable ~nsideratian, receipt .of which is hereby
acknawledged, Owner and U ' ity Easement Halders hereby grant and canvey ta the City an
easement far purpases .of e cavating far and the install~tian, replacement, maintenance and
use .of a Civil Defense War, ing Siren as the City shall fra~ time ta time elect far the purpase
.of praviding emergency warning services ta the public andlar camplying with the lacal
emergency manage me plan tag ether with all necessary app)iances and fittings f.or use in and
in cannectian with sai Civil Defense Warning Siren, tagether WIth adequate pratectian thereaf
and alsa a right-af-w y with right .of ingress and egress thereta, dver and acrass the premises
designated "Civil D fense Warning Siren Easement" and legally de\~ribed an the plat attached
hereta as Exhibit' 'A" (hereinafter "easement area"), \
Owner and Uti!' y Easement Halders further grant ta the City the fallaW~g rights in cannectian
with the ease ent: \
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he right ta grade said easement area far the full width thereaf"and the right ta
extend th cuts and fills far such grading inta and an said land alang and .outside .of said
easeme area, ta such extent as the City may find reasanably necessary.
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2. The right from time to time to trim, cut down and clear away all tree~sd brush on
said easement area and on either side of said easement area which now or h reafter in the
opinion of the City may be a hazard to the civil defense waming siren, or may i erfere with the
exercise of the City's rights hereunder in any manner.
The City shall indemnify the Owner and Utility Easement Holder against any loss and
dama which shall be caused by the negligent exercise of any aid ingress or egress,
constru tion, use OF maintenance rights by the City or its agents 0 employees in the course
of their e ployment.
The 0 ner and Utility Easement Holders reserve a ri~ t to use said easement area for
purposes which ill not interfere with the City's full enjo ment of its rights hereby granted; ,
provided that the ner and Utility Easement Holders sh I not erect or construct any building,
on said easement are ' or substantially add to the g und cover of said easement area.
The Owner and Utili y.. Easement Holders ereby covenant with the City that they are
lawfully seized and possessecr~f the real estate 'escribed above, and that they have good and
lawful right to convey it or any Pa~ thereof,
This easement shall inure to'th be efit of and bind the successors and assigns of the
respective parties hereto. All covenant all be deel1led to apply to and run with the title to
the land,
SIGNED this
1994,
KENNEDY-H S,NBERG ENTERPRISES
BY:
James R.\Kennedy, Partner
BY:
Jerry J, Hilgenl:l rg, Partner
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JOHNSON COUNTY
On this _ day of December, 1994, ,efore me the undersigned, a Notary Public in and
for said State, personally appeared Jame~~ '\ Kennedy, to me personally known, who being by
me duly sworn, did say that the pers' n is one of the partners of Kennedy-Hilgenberg
Enterprises, a partnership, and that t~ foregoing instrument was signed on behalf of the
partnership by authority of the part?ers, and ll\at James R. Kennedy acknowledged the
execution of the instrument to be th voluntary act, nd deed of the partnership, by it and by
the partner voluntarily executed,
Nola~ PU\ and for lhe Slale of Iowa
)SS: ~
JOHNSON COUNTY )
On this _ day f December, 1994, before me the undersigned, Notary Public in and
for said State, perso~1 y appeared Jerry J, Hilgenberg, to me personally known, who being by
me duly sworn, did say that the person is one of the partners of K~nnedy-Hilgenberg
Enterprises, a part9 rship, and that the foregoing instrument was signed, on behalf of the
partnership by a~ority of the partners, and that Jerry J, Hilgenberg ac~nowledged the
execution of the i strument to be the voluntary act and deed of the partners~i , by it and by
the partner volu arily executed.
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STATE OF IOWA
STATE OF IOWA
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Notary Public in and for the State ~ Iowa ,
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STATE OF IOWA )
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JOHNSON COUNTY )
On th~' _ day of , 1994, before me, the und igned, a Notary
Public in and for the State of Iowa, personally appeared Susan M, Horowi nd Marian K. Karr,
to me person lIy known, who being be me duly swom, did say that they e the Mayor and City
Clerk, respect Xe1y of said municipal corporation executing the foreg 'ng instrument; that the
seal affixed ther~to is the seal of said municipal corporation; that s d instrument was signed
and sealed on beh~f of said municipal corporation by authority of ty council of said municipal
corporation; and th t the Susan M. Horowitz and Marian K Karr cknowledged that execution
of said instrument to e the voluntary act and deed of said mu icipal corporation ana by them
voluntarily executed.
Notary, Public in and for the State of Iowa
STATE OF IOWA ) ,
)SS'
JOHNSON COUNTY ) \
On this _ day of ~~ember, 1 4, before me, the undersigned, a
Notary Public in and for the Statl\ of low ,personally appeared
, to me personally known~who eing by me duly swom did say that he
is the of Iowa-IllinoIs, s and Electric Company, and as such,
is duly authorized to execute the WI in and foregoing instrument; that said
instrument was signed on behalf of e\orporation by authority of its Board of
Directors; and that \ as a duly authorized agent,
acknowledged the execution of th foregoing instrument to be the voluntary act
and deed of the corporation, by' and by him~oluntarilY executed,
\
Notary 'Public in and for the State of Iowa
STATE OF IOWA )
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JOHNSON COUNTY )
On this y of December, 1994, before m~\\he undersigned, a
Notary Public in and or the State of Iowa, personally appeared
, to me per onally known, who being by me duly SWO\~id say that he
is the of U. S, West Communications, and s such, is duly
authorized to exe te the within and foregoing instrument; that s id instrument
was signed on half of the corporation by authority of its Board f Directors;
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and that as a duly authorized agent, acknowledged the
execution of e foregoing instrument to be the voluntary act and de'ed of the
co~o~lion, y it and by him voluntarily .",..Ied. \
Notary Public in and for the State~f Iowa
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STATE OF IOWA )
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JOHNSON COUNTY ) /
On this day of December, 1994, before me, the und ~gned, a
Notary' ublic in and for the State of Iowa, personally appeared
, to me personally known, who being by me duly swom Id say that he
is the of TCI Cablevision, and as such, is dJ.! y authorized to
execute tli within and foregoing instrument; that said inst~ent was signed on
behalf of th orporation by authority of its Board of Direct rs; and that
as a duly authorized agent, acknowledg the execution of the
foregoing instru e..nt to be the voluntary act and deed f the corporation, by it
and by him voluntan executed,
Notary ublic in and for the State of Iowa
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PROPRIETOR:
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BEGINNING AT TI-lE SOUTHEAST CORNER OF OT ONE, LD PRAIRIE ESTATES PART ONE, IOWA
CITY, IOWA IN ACCORDANCE \\1TI-l THE PLAT, RECORDED IN LAT BOOK 32, AT PAGE 64, OF THE
RECORDS OF TI-lE JOHNSON COUNTY RE RDER'S OFFICE; THENCE S75'29'20"W, ALONG TI-lE
SOUTI-l LINE OF SAIO LOT ONE AND TI-l NORll-iERL Y RIGH OF-WAY LINE OF ROHRET ROAD,
10.40 FEET: ll-iENCE N01'24'OS"W, 5.44 FEET: ll-iENCE 77'02'1S"E, 10.32 FEET TO A
POINT ON TI-lE EAST LINE OF SAID TONE; ll-iENCE S01"2 ' S'W, ALONG SAID EAST LINE
15,15 FEET TO THE POINT OF BEGINNI G. SAID TRACT OF LAND CON INS 153 SQUARE FEET, MORE
OR LESS, AND IS SUBJECT TO EAS MENTS AND RESTRICTIONS OF CORD,
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REPORT WAS REPARED BY ME, OR UNDER MY DIREC
SUPERVlSIQ , AND THAT I AM A DULY REGISTERED
LAND SUR YOR UNDER THE LAWS OF THE STATE OF
IOWA.
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RESOLUTION NO. 94-364
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 321 E. FIRST
STREET, IOWA CITY, IOWA
WHEREAS, on September 30, 1987, the property owner of 321 E, First Street, Iowa City,
Iowa, executed a Promissory Note in the amount of $13,000 for a no interest rehabilitation
loan through the Community Development Block Grant (CDBG) Program; and
WHEREAS, said Promissory Note created a lien against the subject property; and
WHEREAS, the balance was paid in full on November 1, 1993.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 321 E. First
Street, Iowa City, Iowa, from an obligation to pay to the City the principal amount of
$13,000, which obligation was recorded in Book 982, Page 311 of the Johnson County
Recorder's Office.
Passed and approved this 20th day of December
,1994.
ATTEST:~~.r}/. ~
CIT 81.ERI< '
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City Attorney's ffice
It was moved by Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RELEASE OF LIEN
The City of Iowa City does hereby release the following property at 321 E, First Street, Iowa
City, Iowa, legally described as follows:
Lot 2 in Block 4, Cook, Sargent and Downey's Addition to Iowa City, Iowa,
according to the recorded plat thereof.
from an obligation of the property owner to the City of Iowa City in the principal amount of
$13,000 represented by a Promissory Note recorded in the Office of the Johnson County
Recorder's Office on September 30,1987, in Book 982, Page 311.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the property described above by reason of said recorded document.
CITY OF IOWA CITY, IOWA
By: t1wtiA1 );,. ~~
I Mayor- ' ~
ATTEST:
~IJ( '~~
City erk
, q) 12frS'hi
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this Z/l day of J)-e U-Il"l '" r , A.D, 19 'i'l- ,before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared Susan
M, Horowitz and Marian K. Karr, to me personally known, who being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal corporation executing
the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation,
and that the instrument was signed and sealed on behalf of the corporation by authority of its
City Council, as contained Resolution No.1f1:Jfd1 adopted by the City Council on the 2.b f/<"day J-
~, 1~; and that the said Susan M, Horowitz and Marian K, Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed and said
corporation, by it and by them voluntarily executed,
S/J1\r1w ~+
Notary Public in and for Johnson County, Iowa
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RESOLUTION NO. 94-365
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A RELEASE OF LIENS FOR PROPERTY LOCATED AT 847 RUNDELL
STREET, IOWA CITY, IOWA.
WHEREAS, on June 17, 1988, the property owner of 847 Rundell Street, Iowa City, Iowa,
executed Promissory Notes for the amount of $22,000 in the form of a Ten Year Depreciating
Lien and a Life Lien in exchange for housing rehabilitation assistance; and
WHEREAS, said Promissory Notes created a lien against the subject property; and
WHEREAS, on February 7, 1994, the property owner passed away and thus the $11 ,000 Ten
Year Depreciating Lien has been forgiven leaving an $11,000 balance on the Life Lien; and
WHEREAS, the $11,000 Life Lien has been refinanced in the form of a low interest loan to
a relative of the former owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 847 Rundell
Street, Iowa City, Iowa, from an obligation to pay to the City the principal amount of
$22,000, which obligation was represented by Promissory Notes in the form of a Life Lien and
a Ten Year Depreciating Lien recorded in Book 1049, Page 257,
Passed and approved this 20th
day of December
, 1994.
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~AYOR '- .
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City Attorney's ffice '
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ATTEST: ~ ~ ~
CITY LERI<
It was moved by Novick and seconded by Throgmorton the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS:
ABSENT:
x
X
X
X
X
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Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RELEASE OF LIEN
The City of Iowa City does hereby release the following property at 847 Rundell Street, Iowa
City, Iowa, legally described as follows:
Lot nine (9) in block six (6) in Rundell, Johnson County, Iowa, according to the
recorded plat thereof,
from an obligation of the property owner to the City of Iowa City in the principal amount of
$22,000 represented by a Promissory Note recorded in the Office of the Johnson County
Recorder on March 7, 1989, in Book 1049 Page 257,
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
CITY OF IOWA CITY
By, /~ ......~"'I:in-~ -
Attest: 7I1g;..:......u 1! ~
City lerk
Q
STATE OF IOWA I
I SS:
JOHNSON COUNTY I
On this 20 -I-L.. day of J)~ce..,.J,,,-V' , 19 'If- , before me, Son ~....
f;...t ' a Notary Public in and for the State of Iowa, personally
appeared Susan M, Horowitz and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in Resolution No. 91-- %5 passed by the
City Council, on the 2ll-fJ<.. day of J)(C.,...(",.... , 19 91 ' and that Susan M.
Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
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Notary Public in and for the State of Iowa
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RESOLUTION NO, 94-366
RESOLUTION CERTIFYING TO THE TREASURER OF THE STATE THE
ACTUAL POPULATION OF ANNEXED TERRITORY GENERALLY KNOWN
AS THE SOUTH WASTEWATER TREATMENT PLANT, LOCATED SOUTH OF
THE SOUTHERN CORPORATE LIMITS.
WHEREAS, on March 22, 1994, the City of Iowa City submitted an application to the City of
Iowa City to voluntarily annex an approximately 166 acre tract of land located south of the
southern corporate limits; and
WHEREAS, on September 27,1994, via Resolution No, 94.310, the City Council approved this
voluntary annexation application; and
WHEREAS, in conformance with Iowa Code S312,3, ~4, the Mayor and City Council must
certify to the Treasurer of the State the actual population of the annexed territory as determined
by the last certified Federal Census of said territory,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. According to the 1990 Federal Census, the population of the following annexed land
described in Exhibits A, Band C is zero (0),
2, The City Clerk is hereby authorized and directed to certify and file the necessary
documents with the Treasurer of State as required by Iowa Code S312,3, ~4,
Passed and approved this 20th day of December , 1994,
ATTEST: ~,f ~~
CITY lERK
It was moved by Novick and seconded by
be adopted, and upon roll call there were:
Lehman
the Resolution
AYES:
NAYS:
ABSENT:
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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EXHIBIT A
Treatment Plant Site
The Northeast Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal
Meridian, Johnson County, Iowa, which is more particularly described as follows:
Beginning at a Standard Concrete Monument found at the Southeast Corner of the Northeast
Quarter of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence
S88000'28"W, a recorded bearing along the South Line of said Northeast Quarter, 2615.31 feet,
to an iron pin found at the Southwest Corner of said Northeast Quarter of Section 35; Thence
N01058'07"W, 2651,36 feet, to an iron pin set; Thence N87051 '35"E, 2631,59 feet, to a
Standard Concrete Monument found at the Northeast Corner of said Northeast Quarter of
Section 35; Thence 801037'05"E, 2658,22 feet, to the Point of Beginning. Said tract of land
contains 159,89 acres, more or less, and is subject to easements and restrictions of record,
EXHIBIT B
Nursery Lane
The northerly portion of the existing county road known as Nursery Lane, acquired in Fee
Simple in the name of The City of Iowa City, for the purpose of construction of sewer
improvements over and across said land and more particularly described as follows:
Beginning at an iron pin found in the centerline of Nursery Lane, at the Southeast Corner of
the Northwest Quarter of Section 35, Township 79 North, Range 6 West, of the 5th Principal
Meridian; Thence N88000'28"E, a recorded bearing along the North Line of the Southeast
Quarter of said Section 35, 100,09 feet, to a point 100,00 feet normally distant east of the West
Line of said Southeast Quarter; Thence SOoo56'39"E, 16.50 feet; Thence S88000'28"W, along
a line parallel with and 16.50 foot normally distant southerly of the North Line of the Southwest
Quarter of said Section 35, 1753,26 feet, to its intersection with the centerline of Sand Road;
Thence northwesterly, 55.49 feet, along said centerline, on a 1189,77 foot radius curve,
concave southwesterly, whose 55.48 foot chord bears N28050'35'W, to its intersection with the
westerly projection of the North Right,of-Way line of said Nursery Lane; Thence N88000'28"E,
along said Northerly Right-of-Way Line, 1678,55 feet, to its intersection with the East Line of
the Northwest Quarter of said Section 35; Thence S01058'07"E, along said East Line, 33,00
feet, to the Point of Beginning, Said tract of land contains 1,93 acres, more or less, and is
subject to easements and restrictions of record,
,
EXHIBIT C
South Access Road
Commencing at a found concrete monument at the Northeast Corner of the Southeast Quarter
of Section 35, Township 79 North, Range 6 West of the 5th Principal Meridian; Thence
S88000'28'W (An Assumed Bearing), along the North Line of said Southeast Quarter, 1,214.75
feet, to the Point of Beginning; Thence S02004'36"E, 527.86 feet; Thence N53035'12"E, 36,33
feet; Thence S02004'36"E, 50,00 feet; Thence S53035'12'W, 36,33 feet; Thence S02004'36"E,
41.18 feet; Thence 809039'32"E, 2057,00 feet, to a point on the South Line of the Southeast
Quarter of said Section 35; Thence S87057'26'W, along said South Line, 66.59 feet; Thence
N09039'32'W" 2052.54 feet; Thence N02004'36'W, 0.47 feet: Thence S38053'53''W, 45.75
feet; Thence S02004'36'W, 50.00 feet; Thence N38053'53"E, 45.75 feet; Thence N02004'36'W,
573,051 feet, to a point on the North Line of said Southeast Quarter, Thence N8800Q'28"E,
along said North Line, 66.00 feet, to the Point of Beginning. Said tract of land contains 4,12
acres, more or less, and is subject to easements and restrictions of Record,
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NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR THE
IOWA RIVER FLOOD REPAIRS PROJECT
IN THE CITY OF IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will con.
duct a public hearing on plans, specifications,
form of contract and estimated cost for the
construction of the Iowa River Flood Repairs
Project in said City at 7:30 p.m, on the 20th day
of December, 1994, said meeting to be held in
the Council Chambers in the Civic Center in
said City,
Said plans, specifications, form of contract
and estimated cost are now on file in the office
of the City Clerk in the Civic Center in Iowa 'City,
Iowa, and may be inspected by any interested
persons,
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said plans, specifications, contract or the cost of
making said improvement.
This notice is given by order of the City Coun-
cil of the City of Iowa City, Iowa and as provided
by law,
MARIAN K, KARR, CITY CLERK
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RESOLUTION NO, 94-367
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA RIVER
FLOOD REPAIRS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE-
MENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate
of cost for the above-named project was published as required by law, and the hearing
thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA
th at:
1. The plans, specifications, form of contract and estimate of cost for the above,named
project are hereby approved.
2. The amount of bid security to accompany each bid for the construction of the above,
named project shall be in the amount of 10% of bid payable to Treasurer, City of Iowa
City, Iowa,
3.
The City Clerk is hereby authorized and directed to publish notice for the receipt of
bids for the construction of the above-named project in a newspaper published at least
once weekly and having a general circulation in the city.
4. Bids for the above,named project are to be received by the City of Iowa City, Iowa, at
the Office of the City Clerk, at the Civic Center, until 10:30 a.m. on the 10th day of
January, 1995. Thereafter the bids will be opened by the City Engineer or designee,
and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon
said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa
City, Iowa, at 7:30 p.m. on the 17th day of January, 1995, or at such later time and
place as may then be fixed.
Passed and approved this 20th day of
December
,1994.
iJ~tU In. ~/S -
MAYOR '-
Approved b
ATTEST: ~.I'-..u;: ~..)
CIT " LERI< '
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ity Attorney's Office 'l.b 'n~
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Novick
the Resolution be
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ABSENT:
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Horowitz
Kubby
Lehman
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RESOLUTION NO. 94-368
RESOLUTION APPROVING THE EXTERIOR SIGNAGE AT 150 E. COURT STREET
WHEREAS, the applicant, Nagle Signs, Inc, has filee! a design review application for approval
of the exterior signage at 150 E. Court Street; a copy of which is attached hereto as Exhibit
A; and
WHEREAS, the application has been examined by the Design Review Committee, and after
due deliberation the Committee has recommended that it be approved; and
WHEREAS, the application is found to conform with the requirements of Title 14, Chapter 4,
Article E, Design Review, of the City Code; and
WHEREAS, this approval only applies to the application's conformance with the Design
Review Ordinance. Prior to construction of the improvements outlined in Exhibit A, the
applicant must take the necessary steps to demonstrate that the application complies with
all other applicable requirements of the City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1,
That the design review application for exterior signage at 150 E. Court Street, attached
hereto as Exhibit A, be and the same hereby is approved as to its compliance with Title
14, Chapter 4, Article E, Design Review, of the City Code.
2. The City Clerk is directed to file a copy of this resolution in the office of the City Clerk
as public record.
Passed and approved this 20th day of December
,1994.
.',1
&~'7h_ ~j)bS
MAYOR .
Approved ~
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ATTEST:~.J~M..),f. ~
CIT LERK
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ECODEV\nagle,res '
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Resolution ,No. 94-361'
Page 2
-
It was moved by J{"hhv and seconded by Novick
adopted, and upon rolf call there were:
the Resolution be
, AYES: NAYS: ABSENT:
X Baker
X Horowitz
X Kubby
x Lehman
x Novick "
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x Throgmorton
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EXHIBIT A
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DESIGN REVIEW APPLICATION
1,
2.
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L Preliminary Review Final Review (Check one)
Address of Project: --ISo r=, ~Ourz...T · ...P.U. L1K;r",U/WlK;I"
Name of Applicant: AI M;.WL ~/6-t-t.5 Phone number: 3.l'i'~ ")...:S5 -tf6olf
Address: (.0. ~OK. J-oCf &'
City: lJ c4-tl5-l2...l..00 State: :i='o wi4- Zip: <So '20'1
Name of Property Owner: L-toMG-l..A-f.tj) tsA.Y~one number:..s~q - ~t:t {- {iGo
Address: 100 r=-. f>A-{U~ MI~,
City: vJ A-rtZ:. (Ll...()O
Contact Person: Gr"l..€.. G- Snl5 M-
Project Description:
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State: :RJ w'A- Zip:,ro '7 ~
Phone number: .3/'1 - ;2..1' 1-
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7. Project Time Schedule:
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Ten copies of all drawings and written materials must be submitted along with this application, The
following requirements must be submitted unless the Design Review Committee slaff person has waived
submission of any of the requirements (Check all that have been submitted with application):
Site analysis & site plan Landscaping plan
Building elevations ..:i. Sectional drawings ptfo To
l( Drawings of proposed signS(l) Lighting plan
Additional information (as provided by the applicant):
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Please reference Title 14, Chapter 4E, of the City Code for details regarding each submittal requirement.
All submittal requirements should follow accepted conventions of drawing namely all drawings should be
clearly labeled, scales shown, north arrow on plans, clear and readable IInework, and should be as clear
as possible, Please refer questions to Design Review Committee staff assistant, 356.5236,
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(1) If project Includes signs, applicant must also submit a sign appllcallon,
Date: I 'd--). -']1
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Signature of Applicant:
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RESOLUTION NO. 94-369
RESOLUTION DECLARING THE CONDITION OF 1926 BROADWAY,
A PUBLIC EMERGENCY.
WHEREAS, on December 13. 1994, ten units of public housing located at 1926 Broadway
suffered serious fire damage causing the building's evacuation and condemnation; and
WHEREAS, the timely repair of 1926 Broadway will meet the immediate and serious need for
housing the displaced families of 1926 Broadway and minimize further damage to the building.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY.
IOWA, THAT:
1. The condition of 1926 Broadway constitutes a necessity to institute emergency
proceedings under Section 384.103(2), Code of Iowa (1991), as certified by an engineer
not employed by the City of Iowa City,
2. The ICHA will follow directions of AHRMA and cooperate with the claim department of the
third party administrator, Management Services, Inc., in the handling of the fire loss
occurring December 13.1994, at 1926 Broadway,
3.
The ICHA intends to procure immediately any contractual services to do work and any
other necessary services to protect our property and restore the dwelling for our residents
displaced by the fire.
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Passed and approved this 20th day of December , 1994,
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ity Attorney's Office /.;2... :.z~V
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ATTEST: p,~..J! .;!".J
CITY~CLERK
It was moved by Throgmorton and seconded by Baker
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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City of Iowa City
MEMORANDUM
Date: December 19, 1994
To: Lorraine Saeger, Administrative Assistant
From: Doug Boothroy, Director, H&IS
Re: Item and Comment
ITEM NO.
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CONSIDER A RESOLUTION DECLARING 1926 BROADWAY A PUBLIC
EMERGENCY.
Comment: The adoption of this resolution and its acceptance by AHRMA
(insurance carrier) is necessary to allow the Iowa City Public Housing
Authority to competitively bid for the repairs of 1926 Broadway without
following HUD formal bidding procedures. The HUD formal bidding
procedures aflEI.would slow the process of rebuilding 1926 Broadway.
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RESOLUTION NO,
RESOLUTION DECLARING THE CONDITION OF 1926 BROADWAY, A PUBLIC
EMERGENCY.
WHEREAS, on December 13, 1994, ten units of public housing located at 1926 Broadwa~
suffered serious fire d~age causing the building's evacuation and condemnation; and
WHEREAS, the timely re~'r of 1926 Broadway will meet the immediate and serious eed for
housing the displaced familie of 1926 Broadway and minimize further damage to t building,
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NOW, THEREFORE, BE IT RES LVED BY THE CITY COUNCIL OF THE CITY F IOWA CITY,
IOWA, THAT:
1. The Iowa City Housing Autho (ICHA) declares the condition of 26 Broadway a public
emergency.
2. The ICHA will follow directions of HRMA and cooperate w' the claim department of the
third party administrator, Manage ent Services, Inc.,' the handling of the fire loss
occurring December 13, 1994, at19 6 Broadway.
3. The ICHA intends to procure immedial Iy any co tractual services to do work and any
other necessary services to protect our p perty nd restore the dwelling for our residents
displaced by the fire.
Passed and approved this
day of
,1994.
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ATTEST:
CITY CLERK
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It was moved by and seconded by
adopted, and upon rOlljl there were:
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