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HomeMy WebLinkAbout1977-06-28 Info Packet•City of Iowa cite DATE: June 24, 1977 TO: City Council/William Meardon/City Manager/Wayne Begley FROM: Carol deProsse RE: Hayek Property Appraisal - Meardon/Begley, etc. I have reserved the Conference Roan for June 30,at 7:30 p.m. for the purpose of discussing with Mr. Meardon and Northside neighbors the recent appraisals of the Hayek property. 0 I 66 M= e • City of Iowa City MEMORANDUM DATE: June 21, 1977 TO: City Counci FROM: City Manage RE: Archaeologic Survey Enclosed is the archaeological survey contract for the waste water treatment plant sites which has been authorized by the Manager. A sketch showing the three possible sites is attached. Sometime in August the staff and the con- sulting engineer will present to the Council a detailed discussion of matters relating to the new proposed waste water treatment plant. 3/*17 UNLURS1 AREA 13 I 14 AREA.' I I AREA IS rM= 11 POTENTIAL PZ4NTSITLCS iuu�f 1 �/ I .WORM � tY — City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Attn: Mr. Eugene A. Dietz City Engineer Gentlemen: 0-1 `/Z'Ju" June 17, 1977 Wastewater Treatment Plant Sites Archaeological Survey Enclosed find two copies of a proposed contract with the University of Iowa for -an archaeological survey of three proposed wastewater treatment plant sites south of the City. The survey is a Phase I, or walk over survey, to determine if there are any significant archaeological sites in the three areas selected as possible wastewater treatment plant sites. The route of the proposed outfall sewer is also included for survey. The $1,103 is a "not to exceed" figure. The University will bill for the actual time spent. The cost of the survey has been verbally approved by Bob Steiert of EPA i.n a telephone call on June 10, 1977. The costs of the survey are eligible for grant participation as part of the Step 1 grant. Please have both copies of the contract executed. Retain one copy for your files and return one copy to us. We will coordinate the work with the University and provide them with necessary maps. We will need to know the names of the landowners of the three sites selected and also any tenant names. We will need to contact these people before anyone goes on the land to do the work. The three sites are planted to corn and it would be advantageous to proceed City of Iowa City Attn: Mr. Eugene A. Dietz -2- •. June 17, 1917 as quickly as possible, although the corn is probably going to be head high before the survey can be completed. We will time the survey in accordance with your timetable for a Citizens Committee meeting as discussed on June 15, 1977. Yours very truly, VEENSTRA & KIMM Marvin L. Thornton MLT: jk' 11639 Enclosures ■ MEMORANDUM OF AGREEMENT PROJECT: IOWA CITY SEWER SURVEY PURPOSE: This agreement effective _ June 9, 1977 _ between The City of Iowa City, 52240 and The University of Iowa is for the purpose of conducting a cultural resource survey of the proposed site of the Iowa City Sewage Treatment Facility TERMS: (1) Under the terms of this agreement the Office of the State Archaeologist of The University of Iowa agrees to arrange for the services of a professionally qualified archaeologist to conduct the survey. (2) The Office of State Archaeologist shall arrange for the laboratory analysis and prepare a report of its findings. (3) All records, artifacts and specimens shall be considered the property of the State and shall be made part of the collections under the jurisdiction of the Office of the State Archaeologist. (4) The attached budget represents the basis for establishing the survey cost and the price for the survey services. (5) Upon completion of the survey by The University of Iowa and submission of a report of the results, The City of Iowa City Agrees to pay The University of Iowa up. to 103. —on cost reimbursable basis. (6) Contract not valid unless signed.and retur ed to the Office of State Archaeologist by July 9, 977 City of Iowa City Iona City, Iowa 52240 Date E. T. Jo iffe, ce n� Preaideor Buaine and Fin ace The University of Iowa Iowa Ci , Iowa 52242 Date BUDGET PROJECT! IOWA CITY SEM SURVEY 1. Survey Archaeologist (10 days, $6. per hr.) II. Survey crew member (6 days at $3.81 per hour) III. Staff benefits (171 of salaries) IV. Transportation 6 days (local) $11.50 per day V. Office expanse/report preparation (map, typing, multilith, postage, telephone) VI. Indirect costs (off campus rate 391 of salaries) Total cost reimbursable estimate 480. 183. 82. 69. 30. 259. 1103. SCOPE OF WORK The survey will involve an on-site inspection of the project area (150 acres plus 4 miles of outfall line) by pedestrian survey and limited shovel testing. Three days will be allowed to prepare the final Phase I report. City of Iowa City MEMORANDUM DATE: June 22, 1977 TO: City Council FROM: City Manager RE: Old Post Offi e I have been notified by the Postal Service that the survey of the old Post Office has been completed. The architect who undertook the survey will reconnend that the building be added to the National Historic Register. 3148 -. 9 R€CEIVtD JUN 2 11911 Sent by certified mail, return June 16, 1977 receipt requested. Mary Neuhauser Mayor, City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mayor Neuhauser: I have been instructed to seek a meeting between the University Heights Council and the Iowa City Council. She purpose of the meeting is to reach an agreement (contract) relative to the treat- ment of sewage from University Heights. Following the successful completion of such an agreement (contract) the University Heights Council is prepared to discuss and hope- fully to reach an agreement relative to other services such as police protection, fire protection, garbage collection, mess trans- portation, animal control, etc. We are prepared also to offer a formula to be used for anticipated renewals. sincerely yours, 9 ' Mayor, University Heights FDS:brm 3169 �Ity of Iowa cit MEAORAN&JIv DATEI June 21, 1977 IO: City Council /� FROM: Paul Glaves, Redevelopment Program Coordinator I% °�(%L�/L� RE: Design Presentation - June 28 1. The. presentation of the design concept alternatives for the pedestrian mall areas on College and Dubuque Streets is scheduled for the Council Chambers at 2:00 p.m., Tuesday, June 28. 2. Stu Dawson and Charles Studen from Sagaki Associates, Jack Leaman from Associated Engineers, and Don Zuchelli from Zuchelli, Hunter and Associates will present and discuss the initial design work. .The meeting has been scheduled for the chambers, because the Design Review Committee has been invited to attend, and because considerable interest by the public is expected. 3. Following is the agenda for this meeting: AGENDA 1. review of project parameters --givens --variables 2. design objectives --activities -people places --aesthetics/durability 3. 'design alternatives --A=Formal --B=Informal --C=Combination 4. design details --materials --street furniture --lighting --plantings --focal point 5. other items --10' extended user space --lease spaces --construction --operation --maintenance 3170 0 City Council June 21, 1977 Page 2 6. decisions needed: a. The objective of this meeting is to discuss the three design alternatives and to make a decision as to which is preferred, so that the final design plan can be prepared for Council approval by July 25. b. Types of street furniture, lighting, plantings, and other features. c. The proposed 10 foot extended user area and proposed lease spaces. d. Renovation/removal of existing sidewalk vaults. e. Design/market potential for Dubuque Street south of College. 11 1 *city of ._ a Citla DATE: June 23, 1977 TO: Neal Berlin and City Council — FROM: Dick Plastino, Director of Public Works/9 RE: Temporary signals at Highway 6/1/218 The Traffic Engineer has completed drawings on the temporary signal installation which includes left turn arrows at Highway 6/1/218. The drawings have been sent to the State for approval. Construction is planned for late summer. 3/71 DATE: June 21, 1977 TO: Neal Berlin and City Council FROM: Dick Plastino, Director of Public {Yorks m RE: Federal Flood Insurance /Y We have been notified by the Department of Housing and Urban Development that the Iowa City Flood Plain Ordinance has been accepted by the Washington, D.C. office. This means that Iowa City is in the permanent flood insurance program and flood insurance is available to every property owner in Iowa City. Existing construction can obtain flood insurance at subsidized rates while new construction can obtain it at actuarial rates. N 3/72 0 /ny /^� • CIVIC LEMEfl.110 E WASHINGTON 5f. Mh �• V/////J�/� VIral 6 IOWA CITY. IOWA 52210 V 2 ," 4� ]10.]51.1800 S IOM4 CRK IOWA ' June 22, 1971 Dear The Storm Water Management Ordinance was passed several months ago, and at that time the City Council directed that specifications be prepared on: 1. Hydraulic design of storm water detention structures. 2. Erosion control. Specifications booklet #1 was completed some months ago and Engineering is now working on -the erosion control. specifications. We need your thoughts on whom should be ultimately responsible for erosion control. Responsibility for complying with the erosion control specifications may be assumed by either the developer of a subdivision, the builder, or both. Advantages of. having the developer responsible from the time ground is broken until completion of the structure on a site are as follows: 1. One person has control over the land from initial grading to final completion of the structure. 2. The City can look to one person for erosion control responsibility. 3. The home builder does not have to concern himself with erosion control. 4. The entire subdivision can be treated as a single parcel for erosion control instead of many individual lots. -- 5. , Costs may be lower because of large scale work as opposed to erosion control work on.individual lots. . Advantages of having the actual owner of the land, whether it be the original developer or the builder, responsible are as follows: 1. The person owning the land is actually responsible for erosion control. Council ultimately will have to decide who is responsible during various time periods during development, but I would like to make a. recommendation to them based upon your concerns and the concerns of the City. I would appreciate it if you could give this some thought and I will contact yout in a month about this subject. Sincer ,Gc/�%•� R ha J. Plas'ttin Director of Publivorks cc: Neal Berlin Gene Dietz 3173 Earl Yoder 425 Highway 1 West Mace Braverman c/o Hawkeye.Warehouse Highway 6 West Ed Thomas Highway 1 West George Nagle c/o Nagle Lumber 1201 South Gilbert Kyle Skogman c/o Skogman Homes 3249 Hastings Avenue Wilbert Frantz Solon, Iowa Dick McCreedy .2009 Ridgeway Drive Pat Harding 920 Orchard Drive Bruce Glasgow 834 N. Johnson Merlin Hamm RR. 4 Lyle Miller 335 Kirkwood Dean Oakes R.R. 2 Al Streb Streb Construction 703 S. Clinton 9 June 20, 1977 Ben Summerwill Iowa State Bank $ Trust 102 S. Clinton Iowa City, Iowa 52240 Dear Mr. Summerwill: At 3 p.m. on June 27, 1977, the City Council will discuss temporary modifications to the intersection of Keokuk and Hollywood to help alleviate problems until an overall solution can be implemented two or three years from now. Attached is..a letter that -was sent to City Councilconcerningthis matter. You are cordially invited to attend this meeting to listen to the discussion. At that time the Engineering Division also plans to present a very preliminary sketch of the proposed new road that would bypass to the south of -Iowa State -Bank and Trust. If you have any questions on this matter please contact me. Sincerely, ichard J. si� no" Same letter sent to Manager of K -Mart, Director f ublic Works Manager of Aldi Foods, and Manager of Iowa State Liquor Store. RJP/jp cc: Neal Berlin City Council CITY OF IOWA CITY CIVIC CENTER, 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 319-354-1800 3/7y • • City of Iowa City MEMC) N CHUM DATE: June 21, 1977 TO: Assistant City Attorneys FROM: John Hayek RE: Council Meetings The City Council has decided to have the Assistant City Attorneys attend the formal Council meetings on Tuesday evenings. Therefore I want to have the three of you set up a rotation schedule whereby each of you would attend these meetings in turn. In order to implement this new policy I would suggest that the following things be done: 1. Have Mary arrange with the City Manager's office for three extra sets of the agenda and Council materials so that each of you can have a set each week. 2. Prior to each meeting I want each of you to review the agenda and Council materials to determine whether or not there is something that you have worked on or have knowledge about which the attorney attending the meeting ought to be briefed on. 3. Although we have been meeting on Wednesday mornings, I think we probably ought to move our meetings to Tuesday mornings commencing June 28th. This way we can all go through the agenda together as a part of that meeting and prepare the attorney who will be handling the formal Council meeting that evening. 4. On Wednesday, following each formal Council meeting, I would like to have a call from the attorney attending to discuss any developments that might have occurred. John Hayek JWH:vb:2A cc: City Manager qty Council E D F JUN 2 21977 ABBIE STOLFUS CITY CLERK 317 HAYEK, HAYEK & HAYEK WILL J. HAYEK ATTORNEYS AT LAW AREA CODE 919 JOHN W.HAYCK 110 EAST WASHINGTON STREET 337.9606 C. PETER HAYEK IOWA CITY, IOWA 32240 June 21, 1977 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Design Review Ordinance Mayor and Council Members: Attached is a copy of an Attorney General's opinion concerning design review ordinances which is of interest. Basically the Attorney General's opinion is to the effect that a city, even under home rule, does not have authority to adopt a design review type of ordinance under the provisions of the zoning chapter, Chapter 414, of the Code of Iowa. JWH:vb Attachment Respectful y submitted, A - n W. Hayek ''7CDC JUN2 21977 ABBIE STOLFUS CITY CLERK 317 1 01 • An Official Opinion From the Office of RICHARD C. TURNER Attorney General of Iowa November 19, 1976 51UNICIPALITIES: Historical Preservation Districts -46364.1, 364.2(3), 414.1, 414.2 and 414.3, Code of town, 1975; II.F. 1498, 66th G.A. (1976). House File 1498 supercedes an action by a city to establish a historical preservation district in addition to one established by H.F. 1498. A municipality ratty not establish n historical preservation district through n zoning regulation merely for esthetic purposes. (Blumberg to Glenn, Slate Senator, 11d9-76) $76-11-11 floamrable Gene ll'. Glean, State Senator: We have received your opinion request of September 29, 1976, regarding Historical Preservation Districts. You ask: "Is a city permitted b1' the Home Rule Amendment to the Iowa Con- stitution and Section 364.1 to adopt as part of its zoning ordinance provisions providing for and regarding Historical Preservation Districts, landmark sites and landmarks; or has the General Assembly, by enact- ment of H.F. 1498, preempted the area and thereby precluded the city fn so doing?" House File 1498, 66th G.A. (1976) provides for the establishment of historical preservation districts. Pursuant to that Act, such districts are established by petition of at least ten percent of the eligible voters in an area of historical significance to the division of historical preservation of the Iowa State Historical Department. A hearing and an election must be held for the area in question. If a majority approves the measure, a commission is established to control the district. This is, in reality, a type of zoning regulation for those districts. However, it is one gov- erned by state, not municipal or county, law. The Constitutional Amendment granting home rule and 4364.1, 1975 Code of Iowa, stand for the proposition that a municipality may perform any function it deems appropriate if not expressly limited by the Constitution ar inconsistent with any law of the general assembly. Section 364.2(3) provides that an exercise of a city power is not incon- sistent with a state law unless it is irreconcilable with the slate law. There is nothing In the Constitution or any other statute which expressly prohibits a city from setting up a historical preservation district. Would, then, such an ordinance or zoning relrulation be inconsistent or irrecon. cilable with H.F. 1498? The word "irreconcilable" is defined in Webster's New Twentieth Cen- tury Dictionary 970 (2nd ed. 1971) as "that cannot be reconciled; not capable of being made to agree or be consistent; conflicting; incompati- ble .. Various synonyms for "Irreconcilable," found fn Beget's International Thesaurus (3rd ed. 1963), are: 16.7—different, dislmflar, diverse, widely apart, disparate, inconsistent, disagreeing, inharmonious, contrary; 27.9—incongruous, incompatible; 624.9—inflexible, uncompro. mising; 927.12—alienated, separated, disunited. The legislature has indicated its intent that Historical Preservation Districts are to be established and controlled pursuant to H.F. 1498. House File 1498 and its application to a Historical Preservation District would supercede nny similar action by a municipality. The remaining question is whether a municipnlity, pursuant to Chapter 414 of the Code, may establish districts wherein the style of architecture is controlled, assuming that a Historical Preservation District has not been established. The purpose of zoning is to limit the use of land in the interest of 9521 CITIES AND TOWNS Honorable Gene D'. Glenn 0 0 public welfare; to stabilize the use or occupancy of property; stabilize a neighborhood; and, preserve the character of the community. 101 C.J.S. Zoning §2 (1968). It is an exercise of police power in the interest of public peace, order, morals, health safety, comfort, convenience and general welfare, Granger v. Board of Adjustment of City of Des dfoines, 1960, 241 Iowa 1366, 44 N.W.2d 399, delegated from the state and must be strictly construed, Business Ventures, Inc. v. Iowa City, 234 N.W.2d 376 (Iowa 1976). Section 414.1 of the Code provides: "For the purpose of promoting the health, safety, morals, or the gen- eral welfare of the community, any city is hereby empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes." Section 414.2 provides: "For any or all of said purposes the ... council, may divide the city Into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this chapter; and within such district it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations and restrictions shall be uniform for each class or kind of buildings throughout each district .... November 19, 1976 Finally, §414.3 provides: "Such regulations shall be made in accordance with a comprehensive Q plan and designed to lessen congestion in the street; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facili- tate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. "Such regulations shall be made with reasonable consideration, among other things, as to the character of the area of the district and the peculiar suitability of such area for particular uses, and with a view to ,conserving the value of buildings and encouraging the most appropriate use of land throughout such city." These three sections give a good overview of what zoning is to accent- plish. Strictly construing these sections, as we must, we cannot state that a zoning regulation to preserve the architectural design of a building falls within the purview of Chapter 414, The power to regulate how a building is constructed, reconstructed, altered or repaired does not neces. sarily constitute the power to prohibit any construction, alteration, repair or demolition of a private structure. In Stoner McCroy System v. City of Des Moines, 1968, 247 Iowa 1313, 1319, 78 N.W.2d 843, the Supreme Court discussed zoning regulations based upon asthetic considerations. It noted a trend to foster under police power the asthetic and cultural side of municipal development. That is, to prevent a thing offensive to sight. The Court stated: "Asthetic consideration can be sold to enter into the matter as an auxiliary consideration where the.zoning regulation has a real or reason- able relation to the safety, health, morals or general welfare of the community ... . "'Asthetic considerations are a matter of luxury and indulgence rather than of necessity, and It Is necessity alone which justifies the exercise of the police power to take private property without compensation' ... . (Citations omitted) r Therefore, we believe that n zoning ordinance merely for asthetic pur• poses is not permitted. 9622 CITIES AND TOWNS Honorable Gene IV. Glenn 3 • Accordingly, we are of the opinion that H.F. 1498 supersedes a city's actions if a city attempts to establish a historical preservation district in addition to one established pursuant to H.F. 1498. In any such event, a city may not set up such an area by a zoning regulation for mere esthetic purposes. �ttv, osis November 19, 19711 CITIES AND TOWNS • City of Iowa Cif MEMORANDUM DATE: (no I) IQ-/ / TO: John Hayek, City Attorney FROM: Anatolij Kushnir, Asst. City Attorney RE: Public Ways and Grounds in Original Town, City of Iowa City At your request, I have researched the question of whether the City or the State of Iowa holds the legal title to the streets, alleys and public grounds in the original town of Iowa City, The question, as I recall, has been raised in the past but with the onconing proposed disposal of various parcels of land along with vacated streets and alleys pursuant to the Urban Renewal program, has assumed some immed- iacy. Although there is no question that the City has been exerting con- trol over the public ways and grounds in the original town as we have been maintaining, repairing, vacating and selling various public grounds and ways, the issue arises as a result of the rather unique way the City was incorporated. .Briefly, the history of the City's incorporation is as follows: On March 3, 1839, Congress appropriated a section of land in the Iowa Territory for the seat of government of the Territory of Iowa. There- after the "Council and House of Representatives of the Territory of Iowa" (the Territorial Legislature) designated certain commissioners to select the site who pursuant thereto prepared a plat dated July 12, 1839. The plat set forth the streets, alleys, squares, reservations and land- ings and further set forth that such areas be for the public use and are to remain as such, . . ." The area in this plat has subsequently and is today referred to as the "Original Town." As there was no municipal cor- poration existing when the plat was filed, there was of course no formal acceptance. On January 15, 1841, the Territorial Legislature passed "An Act to Incorporate Iowa City" as a town. This Act was revived in 1842 and again in 1844. In 1846, the Iowa Territory became a state with Iowa City as its capitol. In 1853 the state legislature incorporated Iowa City as a city. As part of the powers granted to the City, the City Council was given "the control of the streets and alleys and public grounds of Iowa City,. " The above series of events although vest- ing control in the City of the streets and alleys in the Original Town leaves sane question as to whether technically legal title of the streets, alleys and other public grounds passed to the municipality. In 1949, the Iowa.Supreme Court in Carson v. State, 38 N.W.2d (Iowa 1949) touched on this matter when a dispute arose concerning the transfer of a park within the Original Town to the State University of Iowa. The case was a class action to quiet title of certain ground as a City park and to declare a City ordinance purporting to grant and an act of the legislature purporting to accept sane for the use and benefit of the State University. The Court raised the question of whether tech- nically the legal title of the streets passed to the City but did not resolve it, deciding the case on other grounds. As a historical footnote, • -2 • the present Constitution of the State of Iowa in section 30 of Article III forbids the General Assembly from passing special laws for the incorporation of cities and tams. Based upon the history of the issue, I would recommsd that some action be taken to settle the matter. Perhaps a quit claim deed or a patent from the Lands Office would be required. It is interesting that there was a territorial statute in force during the incorporation of the City which is similar to our present 9409.13 of the Code of Iowa, which provides that the "certifying, acknowledging and recording of a town plat shall be deemed in law and equity a sufficient conveyance to vest the fee sirrple title of all such parcel or parcels of lands, as are expressed, and shall be considered, to all intents and purposes, a general warranty against the donor . for the uses and purposes therein named . ." and that such title "shall be held, in the corporate name thereof, in trust to, and for the uses and purposes set forth . . ." Laws of 1838, page 453. Again, as noted above, there was no municipal corporation existing when the plat was filed, and thus no formal acceptance by the City. C • Laws of IO a, 1838-39, page 555. Legislature of Iotisa, Resolution ofi1839toLegislature. (1) to • Approved Janua 1, Recites: Resolved by the Council and House The Public, • of Representatives of the Territory of Io,ra, that the Hon. William T.T. Chapman, • our Delegate in Congress, be instructed x7hiob to thea aseat ofnGovernment tofothe Territory lOfsIofalato�benselected bylocate the Commissioners appointed by the Legislative Assembly of Iowra, to locate the seat of Government of said Territory. Congress of the ' Act of Congress approved Varch 3,1839, United States, United States Stuates at Large, * Volume 5, page 330, Chapter 77. (2) to Recites: An Act making a donation of lard • to the Territory of Iowa, for the purpose The Public, of erecting Public Buildings thereon; .• Be it enacted by the Senate and i outs of Representatives of the United States of • America in Congress assembled, that there be and hereby is appropriated and granted to the territory of Iowa, one entire section -of land,of any of the surveyed lands in said territory, for the purpose of erecting thereon the public buildings for the use of the executive and legislative departments of the Government of said terri- tory; provided, that the said section of land shall be selected under the authority of the territorial legislature, the seat of Government located thereon, and notice of said selection officially returned to the register of the land office in the district in which the land is situated within one year from the passing of this act. And provided, further, that nothing here contained shall authorize the selection of the 16th section of any township reserved for the use of schools, nor of any lot reserved for public purposes and that in the selection to be made as aforesaid, no pre-existing improvement or right to pre-emption recognized by lawn, shall be prejudiced thereby. Section 2, Agd be it further enacted, that if at anytime of the selection of the section of'land to be made as aforesaid, the contiguous sections thereto have not been made subject to public sale, or being so subject have not been sold at public sale, or by private entry, then each shall be thereafter reserved and withheld from sale in any manner, until the further order of Congress thereon. But nothing herein expressed shall be construed to restrain the said territory of Iowa, after appropriating a sufficient quantity of land, within said selected section, for the site and accomodation of public buildings, from selling and disposing of the residue of said section. in lots or otherwise, for the use of said territory, in the erection and completion of sald buildings, Legislature of Iov+a, • • Laws of Iowa, 1-39, page 465 Approved January 21, 1839, (3) to • Recites: An act to locate the Seat of Government of the Territory of Iowa, Public, and for other purposes. Section 1: Be it enacted by the Council * and House of Representatives of the Territory of Iovra, * * * *.* Section 2. Be it further enacted, that the Commissioners hereinafter mentioned, or a majority of them, shall on the first day of Lay in the year 1839, meet at the town of Napoleon, and proceed to locate the seat of Government at the most eligible point within the present limits of Johnson County, in said territory. Section 3. Be it further enacted, that three Commissioners, to con- sist of one person from each judicial district in this Territory, shall be appointed by joint ballot of the Council and House of. Representatives to locate and establish a permanent seat of Government of this Territory, as hereinbefore directed, in the said county of Johnson. Section 5, Be it further enacted, that the said Commissioners shall employ one or more competent surveyors, and all other hands necessary and shall have .640 acres of land laid out in lots, outlots,'streets, squares and alleys, at the place where the said seat of Government is so located, if practicable, Section.6. Be it further enacted, that it shall be the duty of the Commissioners to have the town platted, and to transmit a copy of the same to the Governor, which shall be filed in the officeof the Secretary of the Territory. Legislature of Iowa, • Laws of Iowa, 1838-39, page 467, Approved January 21, 1839, (4) to • Recites: An Act supplementary. to "Act to Ice ate the Seat of Government of the The Public; • Territory of Iowa, and for other purposes." d Section 1. Be it enacted by the Council .and House of Representatives of the Territory of Iowa, that so soon as the place shall be selected, agreeable to the provision of toe Act to which this is a supplement, and report thereof made to the Governor, and the consent of the United States obtained, the Commissioners shall proceed to lay out a torn, to be called "Iowa City", on the piece of ground so selected, upon such place as may be agreed upon by a majority of said commissioners; and after a plat of the same shall have been recorded, the Governor shall, by proclamation, direct a sale of lots in said town, to be ander the direction of the Commissioners above named, the proceeds of which shall go into the Territorial Treasury, to be expended as may hereafter be directed by law. Section 5. Be it further enacted, that Chauncey Swan, John Ronalds, and Robert Ralston, be and they are hereby appointed a board of oommissioners to locate the seat of Government of the Territory, of Iona, and to super- intend the erection of public buildings. Section 7, Be it further enacted, that such parts of the law, to l .eh this is amendatory, as are contrary to the provision of this Act, are hereby superseded. C Swan and • • Reoort dated Coter 12, 1839• nage 108, Chauncey Recorded June 30,1920, IIooc 128,. John Ronalds, , Copy of roport duly certified from the Commissioner's office, General Land Office, (5) to • Vashington, D.C., Commissioners Office, Iowa City, October Register of the Land . Office at DuHuque, I.T. Tol2 '1 1839, e Register of the Land Office at + DuBuquo, I.T. h the Act of Congress In conformity wit approved Lraxch 3, 1839, granting to the Territory of Iowa, one section on which to erect the public buildings for said Territory, The signed Commissioners appointed to make the location by 1839anhact ftheselected Legislative Assembly of Iowa, approved January , section 10,.in Township 79 North, Range 6 "lest of the 5th principal mer- idian, for that purpose, and they hereby make their report to the Register of the Land Office at Dauque in conformity with the ores aid Act of the 3rd of March, 1839• Chauncey Swan. John Ronalds. •Laws of Iowa, 1840-41. Legislature of Iowa, Chapter 68, page 59, + Approved January 14, 1841, (6) to Recites: An Act providing for the appoint - + ment of a superintendent of Public Build - The Public, ings at Iowa City, and the appointment of + a territorial agent, and for other purpose; Be it enacted by the Council and House of Representatives of the Territory of Iowa. Section 2: That in lieu of the Commissioners above named there shall be appointed by the Governor, by and with the advise and consent of the Council, some compgtent person as Superintendent of Public,Buildings at Iowa City • + + that there shall be appointed Section S. And be it further enacted, as aforesaid, a territorial agent, who shall reside and keep his office at'Iowa City, who shall hold his office for the term of one year, and until his successor be appointed, and whose duties shall be as hereinafter enum- erated, Section 11, That it shall be the duty of said agent to execute a bond to each of the purchasers, conditioned, that upon the payment to the territory of the installments, as they become due, the holder or obliges shall be entitled to a deed of conveyance in fee simple to the lot or the lots therein named, as soon as a title isobtained fro the Government of days United States; and upon failure to pay Y after it becomes due, the 1 a or lots shall revert to the territory, and all sums of money paid thereon shall be forfeited. Section 17. That the duties required to be poxformed by the acting of an act entitled "An Act commissioner in the third sections to provide for the execution of title deeds to lots in Iowa City, and for other and the purposes"p n=ylofeal1 lotsborpoutlotsdinyIo a City, an daallgent 3Sums beooming U oh so of any said purohase due upon any promissory notes or obligations for t e Aur . a d lots, shall be paid to the said territorial agent, or his successor in office, C Legislature of Iowa • ► Act of Legislature - Laws of Iowa,1840_1, Page 93, Chapter 109. (7) to ► Approved February 17, 1842. Recites: An Act entitled an Act supple - The Public. ► mentary to an act providing for the appointment of a Superintendent of Public Buildings at Iowa City, and the appoint- ment of a territorial agent, and for other purposes. Be it enacted by the Council and House of Representatives of the Territory of Ionia: Section 1. That it shall be lawful for the territorial agent to sell at private sale, to any person or persons applying for the same, any for- feited and unsold lot or lots in Iona City, for the price fixed upon such lots or lot under the provisions of the 9th section of the act to which this is supplementary. Section 2. That whenever full and final payment shall have been rade for any lot or lots in Iona City, the territorial agent shall give to the person or persons entitled thereto, a certificate of full and final pay- ment for the same. Section 3. That the duties required to be performed by the acting commissioners, in the act entitled nAn Act to grant certain lots of land in Iowa City, for church and literary purposes", approved July 31, 1840, shall hereafter be performed by the territorial agent. Section 4. That whenever any certificate of full and final payment for lots in Iowa City, shall be presented to the Secretary of the Terri- tory he shall file the same in his office and make out a deed of convey- ance in accordance with such certificate, which deed of conveyance shall be sealed with the seal of the Territory, signed by the Governor, and counter -signed by the Secretary, and when thus executed, shall convey to the grantee a title in fee simple to the lot or lots therein described. Section 5. -It shall be the duty of the Secretary of the Territory, to keep a record in his office of all deeds of enveyance made out by him and executed according to the provisions of this act, a Chauncey Saran and John ► Plat dated July 12, 1839, Ronalds, Commissioners, et al. Recorded July 13,1839, Plat Book l,page 116 ► Recites; fe hereby certify that the plat (8) to of Iowa City is correctly surveyed and ► delineated and all the streets, alleys; The Public, squares, reservations and landings as are ► designated on the plat are for the public use and are to remain as such, and the • within plat is hereby approved. Iona City, July 12, 1839, Chauncey Swan, We hereby certify John Heralds; Commissioners. that this plat of the tornof Iowa City, situated in Section 10, Torn. 792 Iowa, has been Range 6 West of the 5th P. 1i, in the territory of correctly surveyed and platted by us, Iona City. July 4,1839, Thomas Cox. L.,?udson, Surveyors, I hereby certify that this map of Iona City, was received by me for record on the 13th day of July, 1839, Isaiah P. Hamilton, Recorder for Johnson County, Ioaa Territory. 9 ACTS Roshuflo.lisoo i11B1IRIM FANSED AT TJ13 LIDS 14; 'GULAIZ SESSION Ii all 7113 OURTIf GENERAL ASSEMBLY: OF T113 STATE Or" IONVAI WLICR COMMED AT io%vA. crry, rl.4 T112 SlXrli . DAY OF DECCVBERS Aloe Doulml, 1853. STEPHEN HEMPSTFAD. (;7v. GEO. 101 PATME, AtwT F W. Pd.,"MVV --F VMS 6XIATIS JAB. UHAUT, w,, l PUBLIME10 Br AMMITY. IOWA CITY W3LLl.AlEnlirrsrATE?RlXrhX 1853. % lirection of the court, be act apart lw•rty in dower upon the death of him. Said estate in dower to be :ommon law; continuous colmbi- is pj^-umptivo evidence of mar• l i,\'Iit nfermald. s.rtion. 6lurteen lultnlred s::d crc, nu.l fourteen hundred .v, hereby repealed, and that there c following, to frit: Section 1.10.1, 'e property cannot be readily di• curt, if satisfied with such report, ppraised, and may fix a reluonn• may order the whole to be geld, yearly rent, which ilio court 1,111111 pnrchmser thereof to amid widow h rem; so secured upon said land, (T, That section fonrtoen hundred in same is hereby repenled,'and :d in lien tbarcuf, to wit: section :bereinbefore made in relation to aband, shall be applicable to the The estate, -by courtesy is here. :4 That said widow ie entitled to personal property that she is ea- ')f section• thirteen hundred and !reto ehsll remain absolute. ' 53. ' 7-T' T-:1 • LAWS OF JOW • •, pp CHAPTER 02'. COMMISSIONER OF DESAIOI14ES RIVER IMPROVEMENT. AN ACT to,uaroriro ilia Commiuioner oflha Deemolnn Riverloprorrmmt J., Lo roll cctl in lands. Sccrmn 1. Be it crmctcd Ly O:c Gena•nl AsscmWy of the Slolecmmlrw" of litiva, That the Commissioner of the Dcsmoincs River Im-to poll. provcment, be and Lo is hereby authorized to sell at one Sipperawe. dollar and twenty-five cents per acre to tho'county judge of Donne county, for the use of file Beat ofd uetic0,ef ao id coon. Couatl boil. ty, tho northwest quarter of section twenty-nino, of township eighty-four, north of range twenty-elz west § 2. This act to tike effect and be In fU[Ce'frenl 'and'aRemko 1,e'" Its passage. ' . - .' , . .:!! Ali in.d ,.r(,. aro :.... r . Arrnova:s, January 24, 1853. • .. 11.:Ui •., r ;. •girl ntl..•l:y 1. .:' } ,• J!G+KI •�;.:•,y,.,. ...: ' .: i r^.;d of h•n.!, ir;:n HAPTER 1,.a. P. !.'° i 'IOWA CITY.' :•:J ,. ,,: ..',b i.:.:.:.;: .v.1 AN ACT to loompumte Iowa Cup SzcneN 1. Be it enacted by the General AsjenjUy of lie Seale noaad;;th si of Iowa, That tha town of Iowa City,, situated in section.ten ` and the northwest quarter of section fifteen; in township me. venty-nine, at, in Iohneon ' north of range six wecounty, ie hereby declared to be a city, by the'name of ,Iowa City.": § 2. The said city is made a body corporate, and'ip invest: Toco"goo ed with all the powers and attributes' of Ip a'manici sl co o ration. pal , u ' � 3, Tae legislative antL'orit3r 0 the' aity'te ,vested in a coawz city council, consisting of'a mayor and bond of aldermen' . composed of three from each ward ofth'e"city` 4. The seid'eity shall be!divided into three Wards; an fol• Wud4' j <rTa Iowa, to wit: That portion lying south of'13urlid��on etreef, 6v r.T,:.i .• ..:: aJ •r:.rl of )o•trrn -a. is v!t: i. m:t aJ U:pC111 .1 I l ;,platt)7 t.•� I l• +' t ' .i. llt . •'St '•''i 1•.i I00' <. LAWS OF A. shall constitute the first ward; that portion lying north of ' Burlington stract,and south of Jefferson street, shall consti- tute the second ward; and all that portion lying north of Jefferson etrect, eball.constitute the third ward: Pmvided, Karse amt -That the seirl city council mey change, unite, or divide the ;said wardsi or any. of them, whenever they ahail think It for the interest of the city. ' • ' ' .' ( nIiufieattoa ; 5..Evcry white male citizen of the United Statue, of the 9(ro4em , ': age of:twenty-enc years, who'ahell have been a resident of J.the ciiy. six' iaohths, and of the ward' in'which• ho offers his WO '' '' .11 ;a.teri days noxi'preceding s city'eloction, is declared a leitiacn of the sold city, and is entitled tovoto at all tho blue, �., tions tliereoL pouenettag ; 0. The cicctiohs of the city (for ofGccrs) shall be cori- °t , . ducted in a manner as similar to that in which tho elections ! r aro �iondueted in the townships as the nature of tho came . q permits. 'L.:1: vir:.::� �;:.v,•�••,a;, Ct,tts,sa i 7. A person offering to vote may to cballcnged, as in qe:A. other elections in the townships,• and an oath may be ad- ministcred to him in Wto manner, naming the qualifications herein prescribed. •! 1 :1 + Vesta to of 18, No person slitill ba eligible to any elective office men- tioned in this act, unless he,be a,legal voter of the city, and has been a resident thereof for one year next preceding his ' election. :; p. --I '. vq.:. mI ui i.:/.::A.. IBkASoe k.9. That the qualified electors of said city shall, on.the e" ilydt'1(t`onddydf'April;W b•.lb5�'driddnnually,ontho'enme day 'diereall'ei�, cicet a mayor, and at & sumo time nine' el Wmen, a rocbrdcr,:aseeeeory tregeurirl and ma faltnl ; ant Ceaaott ` snat�itl'ooTnan z d ehn Icorie lino t1m city council,ta intJor. Q.wmra. ity'of whom shall be nebeeanry to constiitute.a qustum'foS tfid'tiansiistion`of �asiaess: 1Ph slinil bo elected for, t4 Teem i term of one yearr and until their• successors aro elected and t quaitAsdj •The 'mayorlrec'orderr,neeeepor„trcasursr,.anti mareitnl`si,all`bi elected by the legal rotoro of sold city. 'e” to etder r l lo..Threo`aldermen shall,bo elected in ;cach;ward!by ;i'db c"b the legal voters thereof.., . , ,,,, i .•. ;•• r,; ':•d'1' ::i;; •.t ,a: of t;4otpsJor,I ;11, It eball bo ibo duiyof the mayor to moo that the laws \ l LAWS OF IOWA, 101 and grtlinances of the city are executed, and their violation punished; to'superintend and direct the official conduct of the subordinate officers; to sign and seal all commiasions, licenses and permits granted by the city council, and to per- form such duties and exercise such powers as pertain to the office of the mayor of a city, and such as may be granted or imposed bythe ordinances of the city, consistent with law. Al2. Ro shall be a conservator of the peace within the htn7or e.• city, and ex•otHcio a justico of, the peace, and is invested with of cpcus,ka exclusive original jurisdiction, for tiro violation of the ordi• . ' nancea of the city, add with criminal jurisdiction of o6caccsJurud1es,a against the laws of the State, committed within the city, and • with civil jurisdiction, limited to the city in the mama manner. as that of justices 1s or may be limited to their townships. He shall not be disqualified from acting in ouch judicial ca• pacity by any proceeding being in the name of,or behalf of the city. ,. 113. Appeals to tho district court in the same couoty,Appoa:a oball be allowed from the judgments and decisions of the mayor, in thosame cases, time and manneraa may at any time be allowed.by law from those of other justices, and they shell be tried as in other cases. He will be entitled to demand and receive the same fees as aro at the time allowed by law to Pew justices of the peace. He shall be the presiding oScer of Preside. the city council, when present, and shall give the tasting vote vrhen there is a tie; and in his absence the council may ap- point a president for the time being from their own body, 114. The council shall be ths jndge of the qualifications Council is and election of its own mbmben,; it may determine the rules°d.�`h Ckr� of itsoRewri �n proceedings, and shall keep a record thereof, Thiel, ben. shall be open to the inspection of every citizen, and mny compel the attendance of its members in such manner, and by ouch penalties, as it may adopt. 115. The marshal shrill be a conservator of the peace, and htu,hst', daq is the executive officer of the mayor's conrt, and shall exe• cuts and return all process directed to him by the mayor, and in cases for the violation of the city ordinances, and of the criminal laws of the State, mny execute the same in any part of the county; and he shall have the same anthority within 1C9 Deputise. Fear. Bond. P,odemenoe. Eleetlom Ieel:sibla , Ordiaeacee Peblicetioo. Recorded. LA\YS OF 101Yq. the city to quell riots and disturbance's, to*erent crimes,' and to arrest offenders, that the Sheriff line within his county) and may, in the same cases, and under'tho same Frnalticsl require the aid of the citizens, and perform all duties im• posed by the council ; he may, with the approval of the conn- C11) appoint one or more deputies,and discharge them, and he shall be responsible for their doings, when acting oficinlly. For the service of legal process, he shall be entitled to the same fees as a constable, and for services required by the council, Stich compensation as it may allow. , . . § 16. The treasurer, recorder, assessor and marshal shall give such bond, perform such duties, and exercise such pow! ers as may be required of them by ordinances not inconsist- ent with law. .. •• , § 17. In all elections for city officers, the mayor shall issue a proclamation to the voters of the city, or of the'seversd wards, as the case may require, tiaming the time and place or places for election,'and the officers to be chosen,'snd cause a copy to be posted up in each ward, atleast ten days previous, to the day of election. The poll shall be opened between the hours of eight and ten o'clock in the forenoon, rind continue open till four o'clock in the afternoon. Within two days after the election; the judges of the election shall make their -re: turns to the president of the city council, who shall examine them at their next meeting, and cause an abstract of the votes to be recorded in a book to bekept for that purpose. ¢ 18. No member of the city council shall be eligible to any office within the gift of the council during the time for which he is elected, nor shall he be interested directly or fnw directly, in the profit of any contract, or job of work, or ser vicea to be performed for the city, § 19. Ordinances passed by thceity council shall be signed by the mayor, attested bftho recorder, and before they take e6ect, be pnblishcd in one or more ncwepnpere, published in the city, at least ten'dayo; and if there be Do Such newspa-' par, thoy shall be posted up in each ward the same length of time. They Shall also be recorded in a book, to be kept for that purpose, and signed by the mayor, and attested by the recorder. LAWS OF IOWA. 103 § 20. It is the duty Of the city recorder to keep•a true record aeeo,dery of all 6e of r:ial proceedings of the city council, and suclidutr' record ah" ,at'all times be open to the inspection ;of any, citizen. , § 21. The mayor, aldermen, marshal, treasurer, recorder,OstL and assessor, shall take. an oath to support the constiiutiou ' of the United States, and of the State of Ioiva, and .faith; . fully and impartially to perform their duty•to the best;,o.f ,3 their knowledge and ability. Other officers shall quality, in such manner as may be prescribed by the council. TheWbo m9 id - oath of office may be administergd by the mayor or recory��''`"'r der, when he is qualified; and in the transaction 40f the busi- ness of the ,corporatibn, those officers, and the presidenj for the time being, may administer oaths; which shall hAve the same effect as if administered by other officers auth.o ized thereto. § 22. The recorder, marshal, and assessor shall receive Fes such fees as the city council deem right not exceeding the ,., ,,•„�� mount allowed county or township officers for ouch services. 23. The •council may hold its meetings as it seen fit,bteette6ef;. having feed stated timea, or provide the manner of calling`buiad! them by ordinance; and its meetings shall be public:' • § 24. The council may appoint in such manner as it de-Coosett my termines, and during its pleasure, street commissioners,. ai clerk of the market, city surveyor, health officers, and such, other officers as it deem advisable, and may prescribe their • , a duties, powers, and qualifications, and may prescribe .for. the election of any such officers by the citizens.: , •;,.'' ; , § 25. When a vacancy occurs in any of the elective cityveeener• officers, the council msy fill the vacancy by appointment of record until the next dection, and the qualification,.* of the successor. 'b § 20. The city council is Invested with authority to make Gy eeeeelra ordinances to secure the igbabitants against fire, against eplasrtl7- violations of the law and the public peace; tosuppress ri-OrdisaeeeS„ ots, gambling and drunkenness, or indecent cr disorderly conduct, to punish lewd behaviorin public places, and gen- orally to provide for the safety and prosperty and good or - !1 or of the city, and the health, morals, comfort and conven- icneo of the inhabitants, and to impose penalties for the Roes, t violation of its ordinances, not exceeding ono hgndred doll I l 104 LA•IYS OF IOIVA. f; ; 0.000; t.,; �are,.rvhichmaybe recovered by civil actioti in the name of the 'city, or by complaint before the mayor as in criminal proceedings heroic a justice of the peace, and the laws of the. State relhting to carrying into effect a judgment of a justice of'the peace imposing a fine, shall be applied to judgments'in the above cases, be`bomo bythe'city. but ti a chargee thereof must § 27: Tho'couiicil'Is authorized to establish and'organize, 4. i 8re;companies, and to provide them :with fire engines and Whm... .,:other apparatus; and it has the control of the landing on the Iowa diver; and may regulate the landing, wharfage, and dockage of all water crafts, goods, lumber, and other things landed or taken from the same, Eowd•$. •0.1'28: The'conedl'may regulate the keeping and sale of gimpowder within the city, 1Juos.. § 29, The council have the exclusive authority to provide "for the licause regulation and prohibition sho.•,ate, shows and theatrical performances; ,•billiatd ables ball and b.mmx te• to pin alleys, and places where games of skill or chanpo ale•: „ aro played; but the above authority extends to no exhibit ion of a purely literary or scientific chmractet—when the Exception$. laws of. the State permit or refuse licenses for the sale' of :••;:intoxicating liquors, that matter shall be within the exclu- ;',.:';;,; Iva authority of said council, and it may at all times pro. .habit thore I of such liquors, unless such prohibiting would 'Llgoor. be inconsistentwiththe laws ofthe Statc,atthe time existing; ,,arid tho said councilie authorized to revoko or suspend any of e the above licenses, when it deems that the good order and ivejfare of the city require it. 30. Thd council may mako all necessary ordinances in Lal hl' i'elatidn'to the cleanliness and health of the city; and may require the owaers of lots, on which water become atag- to drein or fill up the soma; and in default thereof; after reasonable notice, may cause the same to be done at bnlw, the expense of the city, and assess the costs thereof on the MY may specific lots and cause them to be sold by the collector of the city, as in tho case of taxes; and the owner• may' ro- deem from such sale as in case of a sale for tax. pnEsti all. ; § 31 It may regulate the system of cartago and drayage within the city, and may Issuo license therefor; and may pro. LAIVS OF IOWA; •iOs hibit hoes from running At largo within the city, and mayuos'0 A4' prohibit other animals from running at largo from file first day of :November to the first day of April. §32. The council shall providoby ordinnnco for.tke keep -Moseys. Ing of the public moneys of the city, and the manner of dis- bursing the same, and shalt audit all claims against the city, and all officers of the city Are accountable to the council in such manner as it directs. It shall publish annually a par -publish. titular statement of the receipts and expenditures of the city and of all debts owing to and from the same. §33. It has the exclusive authority to establish the grades ande of of wharves, streets and alleys of the city, and may change the; n'«,a and samo upon the petition of two thirds the vales of the real . property on both sides of the street, when it is desired to change. . 134. Imprisonment fur the violation of any rrdinance shall Impriwamtat. not exceed fifteen days, and the county jail ebdll be the place of imprisonment, but at the expense of the city. , •i•35. The city council is authorized to levy and collectTaxe's. taxes, not exceeding one-half of one per cent. ca all proper- ty Rithin the city, which is liable for State and county taxes, including improvements on such property; and it may ex. Exempt im- empt such improvements, when it is so determined by A vote of prraotetmenu br a majority ofall the voters of the city; but when such an esemp tion takes place, the rate of tax on personal property shall not exceed that above named, and the rate on realty shall not ex-Lisalt. Cecil one and one-half of one per cent, on the valuation; the council may also levy a tax on dugs, or may prohibit their run -Dos,. Ding at largo in the city; Provided, that the tax thus levied mLivauo• and coll^.cted, whoa improvements aro included,shall not ex. Lim teed ouolfourth of one per cent., and when improvements are exempt as above named, one-fourth of one per cent. on personal property, and one per cent. on real property, until othenvisa determined by the qualified electors of the city, at an aunual election or a special election, hold for that par - pose. 136. The marsbal, or in case of bib absence or disability,astlectar such person as the coaacil may appoint in his stead, shall be the cullector of Luer, and before proceeding to collect the , seselotr r.Awa.-14. \1J 1 106 LAWS OF IOWA. xotitii Barr. 0, sha]I give thirty days notico of the assessment and ]erg or the tux, and the into thereof, in genornl terms, without'lho nomca or description of property, in a newspaper printed in the city, if there be one, and if not, then by three months no - tics in the most public places in each ward. AppeeL • .§ 37, During the thirtv days, any persop aggrieved by this assessment or taxation, may appear before the council, which =ay correct the same if found erroneous. Distrain• $ 38. The marshal may distrain upon personal property sell• liable to taxation, and sell the name for payment, if not paid in reasonable time after demanded, as constables may sell personal property on execution.. Lea. • § 39Taxes on'real property @ball be a lien thereon, and sd& it may be sold tberefor, when the taxes remain unpaid for six months after poating the notice of the tax. • xoaos orwe. §40. Such sale must be at auction, and there must be thirty days' notice prior to the sale, given as above provided p"a- for, notifying the hesessmant and tax. In such sale, he. who., bids to pay the amount duo for the least quantity of land will be the highest Sidder; and the manner of ascertaining the portion bid for, @hall be as in the state revenue law. ' Deed.. § 91. Tho tnarehal shall execute and deliver to the pur- chaser a decd, running in the name of the State, which shall have the @amo force and efoct as the dead of the treasurer of the county in like c]icnmstances on Bales for county And state •' � fazes• • . .: ..,. ; ... Powers or 1'49. Tho council have ibe controloftbe etrccts'end alloys °p0°� ' and Public grounds of Iows City, and may cause sidewalks Pareromb• • to be pared in the Dome, and to this end,, it may requiro the ownera of lots to pave dr repair the same, dontiguoah to their respective lots, and in case of neglect after i•oasonablo time named in the cider, the enmo may be done by the city, and the expense of the same assessed on the contiguous lots, which shall have the effect of a tax levied thereon, and the edmo may he sold'thorefor As for a tax, subject to the enmo Eoed im • right of,redemption. All road tax which may boreafter be Paid upon any property in Iowa City, in lien of labor, shall be paid to the propoiauiltot•ities of said city, for thoimprove- ment of the etreots thereof; any parson being a resident or LAWS OP IOWA. 107 .said city, subject by the laws of'[bis State to do work upon lvorkint . roads and highwnys, shall ho squired todo and perform, ormede. cause the same to be done; under the direction of the prop- - er authorities, upon the streets of said city, or pi blic roads and highways leading thereto, as said authorities may di- rect. The city council. shall supercede the road supervisor suparenore. in all jurisdiction within the corporate limits, and perform all of their duties. § 43. !The city council is hereby invested with fallscIIoolr. control and authority over the common schools in said city, and shall receive and disburse all the school tax levied up- on property within ,said city, or receive from the school fond for distribution therein, with]n:the limits of said city. e t 44. The council are authorized to borrow money for sorrow men. any object in' its discretion, if at a regular notified meeting, my. under notice stating distinctly the nature and object of the loan, and the amount thereof, as nearly as practicable, the voters of the city determine In favor of the loan by a ma- jority vote of two-thirds of the votes given at the election, and said loan can in nc case bo diverted from the specified object.*' t 45. On the passage of this act the trustees of Iowa Clurar ewk- City township, shall cause a vote to be taken an the acct 011, d toe te tante of, this charter,in the manner in which township elec-'Uy. or the tions are now called and holden; in which, the tote shall be ",for the charter;' or against the charter;' and shall be by ' ballot,, and at the same time and place, and by said trustees, an election shall be held for the election of a may- El"ll We or and nine aldermen, three aldermen from each wand; also, Glace". for a rep.rder, treasurer, marshal and assessor; if said vote result in favor of said charter, the result shall be so declar- ed and entered of record, and thenceforth the enmo is ac- cepted. • The foregoing election shall be held at the court Cenrl IIGvee. ' house, in Iona City; on the first Monday of April, A. D.,1853, Tine - shall be opened betiveen'the hours of nine and ten o'cloel, A. M. and kept open until 4 o'clock, p. tDI., of said day. §.40. This act to take effect from and after its passage. T4k6 ie'ceL Arraevea, January 44th, 18531 { ARTICLED OP'I1ICORPORATION Ob i0'SA CITYO I0:9A •t STATE 0'r IOt'r'A O?iIC1C OY THE S3C2-rARY 08 TH4 STATE I, ROBMT E. 01LiRI?Ity Secretary of State of the State of Iosart• hereby.certify;that the a.ttachod are true and correct copies of the; 1 follo-aing Acts:.aa the same`appears,of Record in the "Lava of Iowa" fila'in the State law Libras I An: Act to incorporate- OWN& Oita Territorial Laws, 18 0 1I'-!.':. 1848e Reprint 197.2x, Chapter 89, epr page AnAct to revive tan'act to incorporate Iowa City, and for othsr purpose$,'; Te?ritoria.7.. laws.1340-18460 Reprint page .7-32 Chapter, •. ;:•�'�• .. ...,'' �1 Aim' dt.tn•revlve a certain. act herein named - Territorial Laws". 1840-7246 ; Reprlrit •1912,,''Chapter- 1389 Reprint page 465 t.. , Au4Aot further to amend an -tact entitled an act to incorporate'. jtk.h,, Iowa City t approved January 24th, A,D.; 1853. Laws of Iowa tf 6th, G.A. 1856P Chapter 255 P.aga it, An Act to amend an Iact 'entitled "An Act to incorporate Iona ` ':'_' i•. ,Oity. Lame of rowan 5thp 5th E.xe d 6th O.A. 1854-1857p Reprint 1913 Chapter 21,. Reprint page 2844 An Act to amend an aet''entitled an act to incorporate Iowa City. t 'Laws of Iowa 7.854-1857, 5th ,E.xM d 6th 9:, A. Reprint 1913 page "lit Testiaony Nhereo4, I knave hereunto eei my hand'and affixed the official seal of the SEAL OP S'T'ATE,`•'! ; Secretary of .State at the Capitol, in Des Uoineg,. , 08 I01A. iJ;i .; this.8th day of 8epte-mber,A.D. nineteen hundred..:,,',.; and thirty-sevrn: . '. .'•.r , _ ; : >':. - ,. i {Signed). •'Rohert E: ,O+Brian. Secretary OX State i .r. , AA ACT to incorporate Io;Tn City .,1 3e it •naetrad by the Council and ;iousa of Tcpresentatives of the Territory of To;ra: sec -tion 1: DOU27DAH133 OY GITY iLL`.1Z. That necti.on ten, and the north- cwt m, ter of section fiftoen, in townobip ocvs;nty-ninon range six vest, . of fifth principal meridian, in ^:hicb is mabraoed the tom of Icrnu ditya be sad the same is hereby constituted a torm corporate.. end shall hereafter be krotm by the name or title of, "Iowa City*"• 1 j,u::,� :,• Section .3 %lectors-time,of meeting-offioers to be elected;, e'tc: proviso.. .It shall be lawful for the Sree male inhabitants of said Itocn . having the gnalificaticas of electorsj, to meet at some convenient place in Iowa City on the'••first Monday of March nexti'and on the first Monday of May annually thereafteri snd'then and there proceed by plurality of votes to elect a pre'Zideatr recorder, and five trusteesj, who shall hold offices one year.and untit their successors are elected and qualified;,, and any:five o3 ;them shall'be a board for the transaction of business, but a less number may adjourn from time to time: - providedp.that if an eleotiou of president,. recorder and trusteesp shall not be made on the day ahem ;�; • pursuant to this actv it ought to be made, the said corporation sha.31;iot for that cause bQ deemed •to be.dissolved, but it., shall be lartful, to held ; such election at any time thereafter.pursuant to public ziotice tc b. 04 in the manner hereinafter pre:;Cribed: Section 3: Officers of eleationp'eta.-opening-of polio -duty of glerk-- notice of election: At the Yirot.election to be bold under this cot,.',there shall be chosen viva voce by the eleotore present' two judges and a. Clark..: of said -election#. and at all subeequent elections the 'trustees or, auy:tm, of than shall be judges, and the r000rder sball'be clerk of the election;, end at all elections to be held under this act the polls shall be opsaod;;. between the hours of nine and ten o'clock, A.3t4 and clone at five 01e16oks,; P.%, of said day; and at.tbe close of the polls the voter shall be.covate& and a trae statement thereof proclaimed to the elootors present by one of the judges, and the Clark shall make a true record thereof; and within five days after such election, the said Clerk shall give notice to the ,•�.. ; persons elected of their election; and it shall be the duty of the said . } � 11 Ir , to,an council, at loaat five days befa.re auy annual oloction, to Li -.Ts notice of the same, by posting up notices in three of the most public places in said toiin 3eotian 4: Duty of presidont-duty of recorder -deputy to recorder: It ohall be the .duty of the prosi(lent to preside at all t:ioetings of the toTm counail, and it shall be the duty of the recorder to attend all such meetings, and to keen a fair and accurate record of all their proceedings)', and the said recorder is authorized, under his hand and coal, to appoint,:1 r.. some competent person as his deputy, who in his absence shall do and per— form:all, and singular the* altties enjoined upon said reoorder, and fax "• :' whose sots said reoorder Aall be liable: A.;.• eeotioa 5: (Body politic -name and style-gcncral power,? -hoer process to be served: The presidents. reoorde'r and trustees of said tounj shall be a body corporate and politio,'with perpetual succession.. to be known and ,'• distinguished by the name and style of,"the president an& trustees of Iowa . City;f cad shall. ba Capable in lame in their corporate name, to acquire propertyv real and.personal� for the use of'sald town, sell and convey the samev may have a consort seal which they may elter at pleasure, may, aus and be sued; defend and be defended, in any court of oompatert jurisdiot9.on; and when any suit shall ba commenoed against said corporation the first process aball.be ty summons.. which shall be Iserved by an attested copy to ' be left vith•the reoorder not less than five nor more than ten days before the return day.thereof:. i Section G' ;Officers to take oath: The officers elected by virtue of this not shall eaoh, before entering on the duties of his offices, take an oath or affirmation to support the constitution of the United States and of the organic law of this territory„ (and of this state,) and also faith- 1 fully to discharge the duties of his office: Section ?: Power of president and trustees -Officers autholrized Duties, fees, etc:-oath_aeeurity-penalty for violation of by -fano -proviso I Ib: - The president and trustees shall have power to ordain end establish by -lams, rules and regulations, for the government of said town, and the same to alter and repeal, or re -ordain, at pleasures, and to pa,ovide in said by -lava for the election of treasurer, two assessors, a to,m marshal., find • r • s -3- other subordinate officers -which ma.y he thciq,h: aCOCsoarj for tate &vyern- ;i_nt and well.-bein,r, of the tom, to .nrcoccibe their duties] (ioel.rse their ;o;lificaticrs, and daternine the period of thcar npnoirrtmc:nbu, and the f^ea they shall be entitled to roceive for their services, and rn��uirs, thm to take an affirmation, faith idly zuld impartially to di3charge,th3 duties of their respective offices; and may require of them such secw i'cy for the performance of the duties of their respective offices as sh,01 1 be thought necessary:. Said president and trustees shall, also have powet- to affix to the violation of the by Las and ordinances of the corporation such reasonable fines and penalties as that' may deem proper, and.tc,pro.a , vide for the disposition of, such lines and penalties; provided, that na by-laws or ordinances of said corporation shall have any offeot.until,the!- name shall have been posted up three xeeks in three of the moat public''`.- places in acid town= provided,, nothing contained in this -section shali,be incompatible with the laws of the United States or the laws of this territory: Section 8: 'Receipts and expendituren:.The president and. trustees.+.. shallp at the expiration of each sit months, cause to bo made •out and:.':r!;' published a•correet statement of the receipts and e7zpenditurea of the,';• preoeding six months: Section 9: Vomer of electors -tar on real and personal. estate,, ,prorl.so-nuisanceII: The electors of said town, in legal mooting assembled, . aball have power by vote to•diroot the levy Of taxes on. a'll'xeal end per.-. conal estate al.thin.tho limits of raid'oorporatScn, not exceeding ons -half' of the per centum. uPon said real and personal estate in any one yearl. $ov•. regulate and improve the lanes and alleys, and to determine the width of side-walIrO provided, that no property shall be taktm from any individual until such individual shall be paid therefor the value thoreof,. to bas ';�:''%•, ascertained by'twelve disinterested freeholders to be oirnmoned by the: k: marshal, for that purpose: They shall have the power to rcunove canoes and obstructions from the streets and commons, and all, other place's J of said town, and to provide for the removal Of the samoo Section 10: May grant license to retail ardent spirits-provl so: The president and trustees shall be authorized to grant lioensoe for -4- the 'retniling of ardent cpirits within the limits of the corporation, end trce proaeDls of such licenses shrill be ap?ranrlated for the benefit of the . said oorporatiani providedy, however, that the power hereby antod mall ' not be so construed as to. conflict with the general laws of the te=ritory. (or of ,the future. state) _of'.Io%7a regulating. taverns and licenses for rc� + tailinX ardent Spirits. 3ectian Road, distriat-overseer of the road-vacanoy:• The:strestsv Isneam', and alleys bf.said- torrap shell constitute one road aidtrict, rQn- bracing the Several.roadgtleadi.ng from,sai-d toss for the distance of :ons: mile frog the corporation limits; and the electors of said town shallp'.-; '. at, their., annual meati:115i pleat an overseer of the snme; and in case of 1r death,, removal,or other inability of said overseer or other officers of the corporationj,'ths president and -trustees shall have ;Dower to 3111 Such, Section 17: ,04 meatings Of•oorporation:. All meetings for the pispose contemplated in tha.preaeding seotione of tbia act, Shall be call ad by the ' presidents or in: bin absence by the aenior trustee, by posting up writton:•:i notices in.three of. the most public places L2 Said toaxiy at.lea.st 'three days. previous to tide .holding said meeting= • said notioes. s2fall_'spooIIythe, time and ,place•.of. holding such'mesting, end the purpose for wbioh said meeting is call arv. Section 1.3:: Rceordart a teea, eta: The recorder Shall receive such.- fees for hie services as the,by-laws and ordinances of.acid eorporatiehL !. ahall. prescribe; but the president and t.usteoe shall receive no ccmpwn ; sation unless. tbe_eame Shall be authorized by the inhabitants in legal meeting assembled: Section 14& • Tax on real- and personalproperty authorize&,prori.eo-Ib,�. tax limited -president, etc., to fix amount to be collected:. For -the pur pose of enabling the president and trustees to carry into effect the pso.- l visions of this act, they are hereby authorized to lay a flax on all re.•tl J and personal estate witbin the bonds of the corporation, as the Same bas'',r r. been or may be appraised; provided, Such tax shall in no case exceed th, svm for the same year voted for and directed according to the proviSio _5. of tha ninth.nootion of thin not' and provided aloo, that the said tax ::null not excaad in any year rrno—half of the per contun of the nK(r-- is al.1ount of 'Cha real ,1nd personal cntate within the 11rita of said -tom; and, tae :laid president and trustees shall, bot:neen the first ?lordays 03 April and May in each yearp determine the amount of tax to be assessed and' collected vlthin the current year: Section 15: UuplicatQ to be made out—rate of tax, etc: It shall be the duty of the •precident and truntees to make out a duplicate of taxes, •,; cbasg}ng each individual there!�t the amount of tax in proportion to: the.' % real and per aonal.nstate of 'ouch ind9.vidUal xithin said towns .chick dupli�'. cats shall be signed by the president and recorder, and delivered to the ' I%% . marshal or such person as may be appointed collector, rheas duty it shall • be to,eolleot the same within such time and in such manner as the by -leas shall direct: Section 16:. Pion— payment of taxes—notice of assessment to be published, notiec to be given of sale,. etc.—real estate may be redeemed: The said. collector shall have power to sell personal estate, and for the wants, thereof to.sell real estato, for the non payrdsnt of taxes within said.. town) but no real estate shall be sold by reason of non payment of such taY or taxes, unless the assessment of such tax shall have been duly notified in some newspaper printed at the seat of goverrmtent of this.territory'once each Creek for at least six weeks, the last publication Aereof shall be at least six weeke,before the -day when said taxes are payable; nor unless the intended sale thereof be duly notified by publication in like manner ih;. such newspaper or newspapers for and during the,space of at least six conwecutive weeks;. the last of which publications to bent least six wee'ss prior to such sale; nor unlene ouch ansesemcnt and proceedings thorC- on be regular, and in all things oonformablo to the provisions of this aotj and, moreover, all such real.' estate so sold may be rodemed.in the same manner and within the same period of time as is or may be provided by ).aw in case of real estate sold for any state tax: C. Section 17. This act to be voted for by electors -manner of voting - election of officers: That at the :first Iaeating of the inhabitants of Iown. City, as provided for in section cecond of this act, they shall proceed by ballot to vote for the adoption of this aot Those electors :rho are in favor of adopting (this) acto. shall write on •theix tickets,1' the aord "Incorporation{' and those nho are no: in favor of.the same shall write• on their ticket ."No, incorporation" 3 and if'a majority of electors there present ahail vote in, favor of this act, then they shall procead to the election, of officera.as provided for in the second rection rc;'• tbia-act:' r{' ; ,' .;.. 1 •' Approved, January 15, 1841 .'. Territorial Laws 1840-1846 Reprint 1913 , Chapter 890 Reprint page No:.81 G"napter 31 AN ACT to revive an act to incorporate Iowa City,, and for other Purposes Be it enacted by the Coimoil and !louse of Representatives of the T3rritcry of Iowa= Section 1:. Former act revived: That the act entitled Ha3a act te'.'• incorporate IoTm Cityi" approved January l5th,. 1.841, -be .and, tho same• is hereay revivad,'and declared to be oflfull force and effect:; Sea: 2. Time o; election: That the first election provided for iw.; the second and seventh sections of the said act, shall take place on theL '1 first uonday of Larch neat,and on the first Monday of 'larch annually thereafter: sec: 3. That all parts -of the act hereby revivedi contravening'thid sat, be and -the same are hereby repealed: See : 4: That this act shall -take effect and be in force from and after its passage: Approved February 2, 1848: Territorial Laws 1040-1846 R.:,print. 1912 'C,ippter 31, Reprint page 132 I.- Chapter 138 Incorporation of Ioxn, City AN ACT to revive a oertain not herein need. 0 0 Be it emoted by the Council and House of Representatives of the Territory. of Iowa: Section .Charter revived- That an act entitled "An act to in— corporate Ioaa City,," approved January 15tb} 1841r be and the same is.' hereby revived and deelared*to be in full force and effect: seow'2 Birsit election to determine acceptance of, 17h en held.'. The first election to'determine, whether or not said act of incorporation shall' be adopted shall.be held on the second Monday of March next:'. sea'.. 30' If accepted first election of officers to take place on 1st, Monday •of April'tbereafter:' If a majority of.the voters shall determine.: to adopt said act of incorporation.. the election of officers under the ' same shall be held an the first Monday in April thereafter.'.. . Seo. 4: Time of taking effeetv- This act shall take effect and be in force from and after its passage. Approved, 15th FeQuary, 18440" Territorial Laps 1840-1848 Reprint 1912 Chapter 1381, Reprint page 465:', yi , ' ' i .. _ .. i. , i r , . i ' i � r. .' 1, I is (,. "• IOWA CITY Al ':CT iLrct'cax to :un,.nd an act entitled an. act to incorporate Iossa City, i>_pproved ianua-y 2.4ih, A.D. 1353 Section 1 Police Magistrate— Be it enacted by the Genaral tssm.bly of the Slate of Iowa, 'Tsat.the city council of Iowa City shall appoint, in ruoh manner as it determines, and during its pleasure, an officer to.be called the police magistrate of said city, who shall be a conservator of the peace within said cityp.'and is invested with exclusive original juxie— diction Bor the violation of tha city ordinances, and with criminal juTisa:`' diction of offences against.�the laws of.the State, committed within the -: ' limits of the city, and with civil jurisdiction limited to the city,. in, the same manner as justices- of the peace within their respective townships: He ©hall be ex—officio a justice of the peaces, 'and shall not be disqualified from acting in his judicial or ministerial capacity by any proceeding being in the name on behalf of the city;' `+ ' Seo. 2. Appeals: 'Appeals to the district court in the same county shall be allowed from the judgments and decisions of the polioe magistrate in all oases, as appeals from the judgments and decisions of justices are now or may hereafter be allowed: See. 3= garshal" The marshal of said city, shall be a oonservator,.; of fe-.2 peace, and is the executive officer of the poliea court: A6 shall, perform such duties as are now or may be hereafter required of him by lav or by the; ordinanoss of said pity, except as herein otherAve provided. Sec.' 4: Colleotor. That the treasurer of said city shall be the collector of taxes for said city, and shall give bond to`the approval Of the city council in such sum as they may require: provided,; that this oeotion. shall not be construed to interfere with or change the duties of ' treasurer and marshal during their present term of office: sec: b, Repeal. That section twelve of the act to which this 1.0 an ' 11 amendment, and all' parts thereof conflicting with this act, be, and the same are hereby repealed= Provided, that nothing in thin act contained shall be so construed as to take away any of the powers of the present 1 —1G_ eolleo'tor of taxes, or 'to invalidate, in nny n<nner, hi3 acts as such eollactor'during his present term of office.' Gec. 6: Aldermen: That section twenty—five of the act to nhich this is amendatory, shall be so construed as to include aldermen,, dth the.; other elective officers oe the city: sea: 7W'.. Fees", The recorder, marshal, and assessor, shall receive such fees as the,city council.inay deem right,' and section trenty—two of.,',, the actto which this is amendatory bei and the same is beroby ropealed., see:, 8: Thin'aot to take effect and be in force from and after is publication in the•I9Ra City Republican.and Iowa Capital Reporter, without expense to the state:' Approved January 29, 1857 .' I certify. that the foregoing act. was published in the, Iona. City Republican •Yeb. 24i 1857: ;.' ELTJAH SELLS, Secretary of State . Laws of Zona 6th: G.A. t 32 Cha?: 255 Page 435 I A IOITA CITY AN ACT to amend an act entitled "An Act to incorporate Iowa City." Be it enacted by tha.Genaral Assembly of the State of Iowa, Section lAdditions included In city"' That all,,that. district o�' Counti7 hereafter described be and, the same is declared to be add ad: t and included within the corporate limits of Iowa Cityt in the coua Johnson, to witt :.'being bounded on the 'north and west by the Present cor- porative limits of said city# and on the east and south in a line co=eto- ing at the south;east corner, of lot number twenty7eigbtl. ai• aesignatbd` P on the original recorded plat of Iowa Cityl thence south to the Tlyoming-', road as abown oa the new map of the said cityt compiled and drawn b J.H. Miller in 1854.. thence west to the south-east corner of that part;.,;;',.,'.:} of said city laid'out and recorded as the county seat - of ..Jobn con' ca=tr. See, 2; Wa;rd7. -That.the district of territory described in the going.seotion shall constitute a part of and be included within the first ward of said aity ;until. such time as the council of said city may other.? rise establish by ordinances" .F Seow-�' 3". Take,effect"e. This act shall take effeat-and be in f *roe'." I%' fr6m and `after LU7`publioation in the weekly newspapers' of said city said city pap for tbor publication of the same", • Approved, ttuly Is. 1856 Published in the Capital. Reporter July 23rd and tb e• Iowa,' city i Republios'n July 26tb 1856: - V GEO:' W. MOOLFARY' SeorstaT7 Of hate. . Laws of - r owa. btb-." 5th-. Ex: 6th; G.A. 1854-1857 Reprint 1913 Chap. 21 (page 81) Reprint Page 264'* Al 4 , IOWA CITY AN ACT to amend an act entitled nn act to incorporate Iowa City: Be it enacted by the General Assembly of the Stata of Iowa: ' Section 1: Inability'of mayor -justice of the peace may act: That.. ! in case of the inability of'the mayor- of Ioira City, to, aot,as a justice,. or conservator'. of the peaoev;y or .to .perform, the judicial duties of his: y offices, mhether•'said inability arisen from sickneas,'abaenee-from the ;-61ty". or my4 other •ca>teqtha justioe,of the peace in'the township of Iowa City,' shall take cognlr a of•casas arising tinder any.•of.the, ordinances` oY•`aaid ' city, such inability.bb ngt,entered-on record,. -on the docket of the justice =' r, aoting� in such: oases: , "►. " '; sea. 2• Compens8tioa .t4; alderman. That. each, member of'tbe city eounoil'or said"city; :shal7;treoeive a dompensation as. suohv.to be fiiedi bj ji ordinrinea and •paid:'from the•,oity treasury: provided# that .the wbole eom_•' •r •'` pensatioa.foa euc2r.membern of said counoilg ehali not exoeed the sus of''';: }_f . s(, thirtq dollars is 'ate! one gear: Bea: 3: Exempting oity:.property That all propertyi both real alit Person l Owned r,whieh m hereafter be ao aired i r r 9 aY, 9 by said city in its •; corporate capacity} shall be 'exempt' from taxation for 'state, and county .. %. Bea:; 4:.,city -..a road 431etriot-road Vex-dieburaements=ezexptiaa:'; ,..: . The said gity of'Yowz bity sh'a1l cbnetituteta. special road' district aad%:.-. the dty: counoil.sbaII have.powerp" in addition, to the taxes otherwise' authorized, to 2gvy road•taxes, not exceeding the amount,.'all0wed by law to. be levied by the: county court, fqr like purposes,'.'and. they mag provide 1for the payment and 'collection of,the same in the same manner as that provided I, for the collection• of oounty road taxes, or In the, manner' other city -taxes, are collected; they, may aleo direct in what manner Quote taxes, shall be. expended on the streets and alleys of said city, and all persons and property rightfully taxed witbin said city, in aeoordanoe with this section shall j thereby be exempt from all taxes to that extent for roads to the county:•:., Seo. 6: Extension of boundaries -railroad depot -Lyons s addition:.. That the boundaries of :the said city shall be extended so as to include thec(',t l•_, t, -13 - the •rollowing described prises to wit: beginning at the south -nest corer of out lot 210. twenty-five, as designated on the recorded plat J? C-Ud uity, running thence south along the east :;ids of Gilbert atrect, as dasignated on. the recorded plat of Lyon's first addition to Iowa City, to where said street intersects the Mil-sissippi nhd Misoouri depot, thence srastxard3,y along the north side of said depot to Maiden Lane, 'as dceAg • . paled on aaid plat. of said. Lyonss.addition.. thence north along the rreDt side of said 75aiden' Lane,,1'to the south side of out lot No:'twenty-four%'=„ of Ione City, tenoe.east along the ioutb side of said lot to the'place.•.`';.; ofthe f3 i`^a19f� y:E7kt%?�the tt id •deoeribed premises is hrsE,Ly added toP: and'. % included within the, corporate limits of lora City, and made eubjeot to the jurisdiction of the city authorities thereof in like manner, and to all intenta'2nd-'purposea as though the"'same had beets included within'the�' corporate limits'of',eaid city# at the time of the incorporation thereof': the said addition; to said city sball constitute a part of the first,nard'. thereof until changed by.tbe city council: .. Sec's- Tries--limited--canine tax --repeal: That to defray the current expenses of said city, the oity council shall have power to levy and collect in any one yearn a tax of not more than one half of one per cent on all property within the oity, tnxable for state an4 county pur- poses and sz.id city council, may also levy a tax on doge to prevent thein from running at large within the city, and section thirty-five of the dot, . to which this in amendatory is hereby repealod: seems 7: Council may borrow looney --sinking fund The said oity council ie hereby authorized to borrow money for any purpose or object in their'disoretions and to pledge the faith of the city for the payment •• thereof; provided the quAetion of borrowing is first submitted to the legal and qualified voters of the city,; and if a majority decide in Paver of said loan,, then the said council aball, be ordinance establish s, sinking fund to provide the means to pay any indebtedness created by virtue of the authority granted in this seotion: See. 81' Powers: That in addition to the posers heretofore granted in the act to whish this is amendatory, the city council shall be vested;1114 :! s'Y -ffi th all the powers granted and enuaerated in chapter 69 of the code of Iowa in relation to school distriots: See 9.-. Probbbition. of ; wooden buildings; That upon the petition of the resident owners of two—thirds of the improvement on any block of iota the counoll, mayo'prohibit the further erection of wooden buildings hereon., Sed* 10. Take'. effect-a—repeal;' That this act shad take eff eot, from , - and after its publication, inthe Iowadapital Reporter and' Iowa Republicafi, the said. publication to be -at tber'expefiser of'said city.. 'and anything JYL:, 'w&Loh* the acrt• to" whiah this' i amendatory,% is' inconsistent bar' and ths.'44a is. berebv- Tepealed;: Appr­o,ved January ASthk: 1855; 6eititr­ihat.., the: f6egoing act was,publisbed in thdlowa. Capital Reportei and the Iowa Republican: the: 31st.. day of January#' 1855: GEO. !-'U MoCLaRY ...806retary of State'. Lawo of love. is M 1857 5th.45W*.Zz; A ftb:G.Aw Reprint 1913" apv% (Pagj'179) Reprint page 178O 6�- I a 64 6�- I a 1G3 losvn 3S N01(TU WEiTEIIN•REI.ORTER, 2d SEIIIES • The controversy under this branch of the case was extensive, and eventually, before submission to the jury, defendant withdrew the testimony of E. L. Gross. The situa- tion which we have merely outlined was a serious one There was a cross-fire of motions and argument liver the question of the attorney acting as a witness. (12 131 Plaintiff cites .va•ious cases in has not held in any ruling that such conduct . warrants a reversal or a granting of a nca trial. We are forced to hold that under the• circumstances of this case alone it would not warrant a reversal. The rause lutist be^, and is aflumcd. AOinned. All justices concur, except JIANTZ, not sitting. support of his objection.' Among them, ' McCormick et al. v. McCormick, 150 Neb. 192, 33 N.W.2d 543; Cox. v. Kee, 107 Neb. 587, 186 N.W. 974, citing cases; Dudley' V. Wilson ct al., 152 Fla. 752, 13 So.2d 145, to the' effect that an„attorney as a*,. .. witness should withdraw from the prosecu- tion or defense; also, Ontjes ct al.. v. CARSON v. STATE. MacNider, et al., 234 Iowa 208, 12 NW.. w.47431. 2d 284, 292, in which the court says: "Ex-' ... cept in it case of merely formal testimony or Supreme Court of Iowa in an extreme case where, through surprise,- June 14, 1919. , the urgency of the client's interests de - Rehearing Denied Sept. 23,1099. mands such conduct, the practice has been I Appeal and error 07979(4). .,. sharply criticized”' ' .:; . Where trial court dismisses petition on ' See, also; Sebree et al. v. Smith, 2 Ida ho:aone of several grounds urged by defendant, (Hasb.} 359, 16,P,- 915;• Onstott et al.. .. ,defendant need not appeal in order to pro- : Edel et al:,.,232 111..201, 83 N.E. 806, 13;;tect decree in its favor on other grounds. Ann.Cas:28; annotations to Miller v. Ur- .rejected by trial court ban, )23 -Conn, 331,.195. A. 193, reported.; 2. Injunction 0=76, 77(1), 114(2) •• in 118 A.L.R..951, 954:. "Th e overwhelming; • The state and the municipality as an weight of authority supports the view tbat,,, agent of the state ordinarily represent the although it is,a,grave breach of professional interestf or state ethics. for an attorney of'a,party to testify :public officials illegally, they the as to anything other than matters ofes a, restrained al the suit of the state or formal nature without withdrawing from the litigation, Ile is not incompetent so to municipality, either directly or on . rela- �.i testify,. and his tesiiniony s clearly ad- tion of a proper person, and their acts, if missible, if otherwise competent." Such ,void, are not the acts of either state or is the geneial rule, and the rule established municipality. •- .. in Iowa. See, Hull v. bfitchell, 181 Iowa 5l, 162.N.W. 235; Ross v. Ross, 140 Iowa 51, 117 N.W. 1105; Fletcher Y. Ketcham, 160 Iowa 364, 141 N.W. 916; Alger v. Merritt, 16 Iowa 121. '•' Defendant cites various cases as to the competency of an attorney as a witness, but the general rule given above seems to hold that the witness is not per se incom- petent+ and many cases reiterate the rale as to withdrawal. This court has spoken frequently in severe language of such con- duct, and there is no need for repetition here, but we believe that this court so far 3. Parties SID ' A class suit cannot be maintained against tither. sale or municipality to pro- tect public rights, unless the class is of individuals with such special interests as would permit individual suits, since a class can have no right of action that may not be maintained by an individual member there- of. 4. Injunction 0+=114(2) .. Nuisance 0772 An individual citizen may not sue to restrain a public nuisance or a claimed il- legal act by public officials unless he can .+:..:•: some special p. ;r. r•; u: damage ap. gine ally. s, States C=I91(2) e:atc immunity R uo i.nion which is it w.:L,.. ;hc sate :hre :lo: a7airst Cie s G. Dedication CaC4 I'ris'ate property r •••41c use and'acccpt :h•• or;:ose specified i r..0 be alienated or dii ,s•,! .2".1 Gator or one rip necatain suit to vSla:ion of dedieatio 7. Public lands (764 Land appropriated .d Cnn;trtss to tcrritor •.0 �f I•nildicg;'for u ': ;:•!..:ivc department: became props am! wai no longer a Of I!%--- United Slates. I>3+, -at. ti30• a. States C=9 If legal title to pi by :crrkorial Legislate u•c passed from territ t'.:r le:ri:ory retained. r.n::...1 which sovereig I:•e:;•.i! governments ani I., s -.mc when territory A Slates C=9 Trrritory's'Icgal t Pa••^'I to state when .....'ovx1, to. Stales 0=9 1;..'n atlmis.sion c I .1 Ai a Slate, the st: ...:" all :he powers • >' cnjoved Ly Q .. -:ed to the origin ..': powers in respect ...::ale remain in the as .::.!e: the Constitu:i. :ht original states. It. Municipal corporation I.a:ld designated as •! Ly commissioners ••. ::al !eeislature was 2S 3.W.2d--1I ! i 3/ 7, Jct esu the old b: on ' pro- : Is an t the to or show some special serest or damage pub!ic generally. CARSON v. STATt3 lmvn IG9 Clre m as $.w.ed lbs personal or private in- of city subject to legislative supervision, apart from that of the regardless of whether legal title thereto ., passed to the city or remained in the ter- ritory. I.C.A. § 409.13. 5. stales x191(2) Slate immunity from suit is no defense to action which is in reality against offi- cials of the state threatening illegal. action and no: against. the state itself. - G. Dedication 0764 private property dedicated by owner to public use and'acccpted by the public for the purpose specified in the dedication may not be alienated or diverted from such use and dedicator or one claiming under him may maintain suit to prevent diversion in violation of dedication contract. 7. Public lands 0764 Land appropriated and granted by Act of Congressto territory for erection there- on of buiidirgs'for use of executive and. legislative departments of territorial gov- ernment became . property of the territory and was no longer'a part of public lands of the United States. Aet.Cong. March 3, IS39,3 Stat. Pill... , B. States C79 If legal title to public lands allocated by territorial Legislature to special public use passed from territory to municipality, the territory retained only the legislative control which sovereign has over all mu- nicipal governments and such power passed to stpte when territory attained.statehood. la- 9. States Cr9" .iE Territory's legal title to public land or parsed to state when territory attained sta:cmod. pro- 's of a as class of be ue to ed il- e can 10. States C79 Upon admission of a territory *into Union as a state, the state government suc- cc,ds to all the powers of sovereignty pre- viously enjoyed' by Congress and which Sd inged to the original states, and only such powers in'respect to the people of the nese state remain in the federal government as uo,ler the Constitution, it may exercise ever the original states. IL Municipal corporations C7721(1) Land designated as a park in plat cer- tified by commissioners appointed by ter- riturial legislature was under the control 33 \.1t'.2d--11 % 12. Municipal corporations 0764 . Since municipalities are creatures of the legislature, its control over them is al- most unlimited. Q. Munlclpal corporations CP225(3), 721(1) Where territorial legislature allocated portion of land appropriated by Act of Congress for seat of territorial government to public use as a park, 'the general public had no such right of use in such park that it could not be diverted by city with legis- lative approval to use of state university. I.C.A. § 409.13, Act Cong. March 3, 1539, 5 Stat. 330, laws 1590, c. 123. . 14. Municipal. corporations C7225(3). 721(1) Property devoted to public use, such as parks, cannot be alienated or diverted Without legislative authority, but generally the legislature may authorize the discon- tinuance of parks and sale of park. proper- ty, the fee of which is in the city, where no private property is thereby taken. 15. Municipal corporations 07225;3) Where land, already. publicly owned, whether as the result of purchase, condem- nation or grant from public domain, is des- ignated for some particular public use, no contractual trust arises in favor of the general public so as to preclude subsequent diversion of such land by proper Icgisla4 tive authority to some different public use, at least, where no special private rights have in the meantime arisen by purchase or improvement of adjacent property in reliance on the permanency of the public use in question. 16. municipal corporations 07221, P25(1) Municipalities have authority under statute to acquire, lay out and vacate streets, alleys and other public grounds and dispose of them whenever such lands arc deemed unsuitable for the purpose for which they were originally granted . 17. Municipal corporations CP63(1) Action of city in granting publicly owned land designated as a park to state for use of slate university was not subject 170 Iowa 88 Nolan \\"P PI:Ry REPORTER, ^-d SERIES to judicial review in absence of sonic show- Robert L. Larson, Attorney General, Os• ing of fraud, arbitrary action or abuse of car Strauss, Assistant Attorney General, power. and Arthur 0. Left-, of Iowa City, for ap- pellee. 18, Constitutional law C=I20 Where portion of land granted by Act of Congress for seat of territorial govern- ment was designated as a public park, no such "contract" arose within meaning of constitutional provisions against impair- ment of obligations of contracts as would preclude city from granting such park to state for use of state university. Laws 1590, c. 128; Act Cong. March 3, 1839, 5 Stat. 330; I.C.A.Const. art. 1, § 21; U.S. C.A.Const. art. 1, § 10. Sea words and Phraues. Permanent Edition, for other judicial conatn,et!ons and definitions of "Contract". - 19. Municipal corporations e=76 Statutes 13=94(l) Since city had power under general law to adopt ordinance diverting publicly owned land from park to state university purposes, no legalizing act was necessary and act of legislature purporting to legalize such ordinance,and accept the grant therein for use of state university was proper for purpose of such acceptance and dfd not violate constitutional provision relating to local or special laws. Laws 1890, c 128; I.C.A. Const. art. 3, § 30. 20. Municipal corporations Fa225(I). A general statute authorizing City to divert publicly owned land from one pub- lic use to another public use deemed ad- visable would not be unconstitutional, where no contract rights or questions of estoppel are involved. Appeal from District Court, Johnson County; Jas. P. Gaffney, Judge. Class suit to quiet title of certain ground as a city park and to declare invalid a city ordinance purporting to grant and an act of the legislature purporting to accept same for the use and benefit of the Slate University. Plaintiff appeals from an ad- verse decision. Affirmed. Ries, Dutcher & Osmundson, of Iowa City, for appellant. SMITH, Justice. There is little if any conflict in the e. dance: The plot of ground in dispute located in the heart of Iowa City adjaee to its business district. Its history in 0 Record goes back to March 3, 1839, wh Congress appropriated a section of la, for the seat of government of the Territo of Iowa, 5 U. S. Statutes at Large,Ch. i page 330. - Thereafter the Territorial .Legislatu ("Council and Howe of Representatives designated commissioners to select the s' and pursuant thereto they prepared .a. certified a plat on July 12, 1839, of Secti 10, Township 79, N., Range 6, W. 5 P.M., in Johnson County. The « rlifica recites "all streets, alleys, squares, rest vations and landings are as designated the plat, are for the public use and are remain as such." The plot involved here one of the areas designated "park." is a square block bounded by Dubuq, -Jefferson and Linn Streets on the we north and cast, respectively, and Iowa Ai nue on the south, in Iowa City. The evidence indicates that as early 1842 and even before any de jure muni pal government was formed, the "par was to some extent used as the site of pt lic exercises for Fourth of July celebi tions and later for other public and set public purposes—a Union Sabbath Sch, celebration in 1860, a series of band e( carts in IS67 and in 1SS4, weekly conte by the University Band. The showing understandably weak and unsatisfact( and much of the evidence, composed pr eipally of old newspaper articles and r ords of municipal council proceedings, v received subject to objection. Itis supF mented however by some oral testimony witnesses whose memories go back of year 1890. They say the park was used political speeches and various recreatio purposes, that it had park benches t tables and a bandstand, hitching racks the street around the edge and a hum sidewalk running through it. \. ::arc was no municif ,,.:-•::.s hcn the plat was ..: a arse no formal acccp(a .:i .la,cr city) treate -......, J park seems Clea .. ...:::e actual occupation ..:rrnccd is no: show, .. �.a^:c a state with to _..:: 1346. The seat o: 1s a s !:ow•ever removed ... Chapter 72, Act The State Univ- a! nivat Iowa City in ._:. A::, Ist G.A. !.u:uary 15, IS41, the T .,....:c I•a> ed an "Act I as a 6a n with .. ...!e::; and trustees" t( its use and "to se •`:• .+:fir." Chapter 89, La* T:::s ac: was "revived" :, 1�:, s IS -42) and again in 1,+. 18:4). The last cite r an rlcation on its adup! state legislature incor r as a city (Ch. 63, Ac, for an election '•':� :r!:stccs of Iowa City ..n its acccpmnce—"'fo •-ca:::s: the charter." Th. the result of the - • •�;4 or the 1553 elee:ior ­;1Al status is not in issue. TSe even:s complained of i ,a the year MIN. Ot ..+: rear :14c city council pat to grant th a.:he state fur the u . :be S:.t:e University of -•• f for the purpo additional buildin ..- :a:':, "'llinance also pur +:l that pan of Linn .., lows Avenue a, - • • I- and to grant it to th m c.nnection with the ..+•r.! 13, INW, the le ' • ! that said ordinance I and the same n s'a't:": also that the p •'.u•ec ••Le and the same • "� • • for the use CARSON Y. STAT Clte m atl S.w.ed 10 As there was no municipal corporation existent when the plat was filed there was of course no formal acceptance. But that the town (later city) treated the block of ground as a park seems clearly established. When the actual occupation of the platted area commenced is not shown. Iowa Terri. :ory became a state with Iowa City as its capital in 1846. The seat of state govern- ment was however removed to Des Moines in 1855. Chapter 72, Acts 5th General Assembly. The Slate University was es- tablished at Iowa City in 1847. Chapter 1?5, Acts 1st G.A. On January 15, 1841, the Territorial Leg- islature passed an "Act to incorporate Iowa City" as a fawn with power through its "president and trustees" to acquire prop- erty for its use and "to sell and convey the same." Chapter 89, Laws 1841, page 97. This act was "revived" in 1842 (Ch. 31, Laws 1S42) and again in 1844 (Ch. 138, Uws 1344). The last cited act provided for an election on its adoption. In 1853 the state legislature incorporated Iowa City as a city (Ch. 63, Acts 4th G. A.) and provided for an election to be called by ":he trustees of Iowa City township" to vo:c on its acceptance—''for the charter' or against the charter." The Record does no: give the result of the vote in either the 1894 or the 1853 election, but the mu- nicipal status is not in issue. The events complained of in this suit oc- curred in the year 1890. On March 7 of that year the city council passed an ordin- ;tncc purporting to grant the use of this "lark" to the stale for the use and benefit ui the State University of Iowa, "to be used • • • for the purpose of erecting :hereon additional buildings • • •." The same ordinance also purported to va- ca:c "all that part of Linn Street located between Iowa Avenue and Jefferson ';trect" and to grant it to the state "to be uscJ in connection with the park herein- before granted." On April 12, 1890, the legislature en- -•::::1 that said ordinance be "legalized a:.d confirmed, and the same made effectual a•:,! valid"; also that the grant in said -,r finance "be and the same is hereby ac- cs;-:cd • • • for the use and benefit Lown 171 of the State University of Iowa." 23 G. A. Ch. 128. Plaintiff, on appeal, argues eight prop- ositions: A dedicated park is a special kind of trust property not subject to alienation by either city or stale; the attempted alienation and diversion were unconstitutional, illegal and void; the public's right in the park cannot be lost by estoppel; nor by apathy; nor by rea- son of use, improvement or expenditure of money by the state; one state institution. or agency cannot acquire rights or inter- ests against another state agency to the detriment of the general public; the uses of the park by the stale since 1890 have not exclusively denied the interests and rights of the public to the use of the park; and the state would suffer no material or substantial damage by restoration of the park to its original use. The defendant contends for the legality and constitutionality of the acts com- plained of; asserts equitable estoppel; claims the equities of the situation are against plaintiff; denies the tract was ever dedicated or accepted as a park or that plaintiff ever acquired any rights therein; urges the statute of limitations; and urges the action cannot be maintained against the state. [1) The trial court held that the state had waived its immunity from suit; that the park had been legally dedicated to the public as a park and accepted as such; that the purported grant to the state was void and unconstitutional; that the statute of limitations didnot apply; but that the public by apathy was estopped to claim the right to use the park. The court dis- missed plaintiff's petition on the last named ground but rejected defendant's other con- tentions. Plaintiff appeals. Defendant also appeals but only for the purpose of pro- tecting the decree in its favor. The appeal was unnecessary for that purpose. See Mchfinimee Y. McMinimee, 238. Iowa 1286, 1294, 30 N.W2d 106, 110; 2 Iowa Digest; Appeal and Error, C=' 87S(4). We think the importance of the case and of the questions raised requires a determination by us of more than would be absolutely necessary to a mere affirm. • __ 172 lora 3S NORT❑ %VESTERN REPORTER, 2d SERIES ance of the trial court's decree. The questions are ably argued on buth sides but we shall not try to follow closely the order of presentation by either. I. We are confronted at the outset by the somewhat anomalous .situation of an apparent conflict of interest between two strictly public uses—one represented here by the ' slate and the other by a citizen, resident and taxpayer of Iowa City, who, brings the suit on behalf "of herself and. others similarly situated constituting. a class of persons having a common interest in the rights claimed." It is apparent that by this description she means the general public and not a class of persons having any special interest in the subject matter. It is not a suit by a'dedicator (or one claiming under him) to prevent violation of the contract by which the public acquired use of the property; or by one who claims she (oi those through whom she derives title) acquired same in reliance upon the continued existence of. the park . Nor is it a suit by the municipality; on relaliori of a citizen -taxpayer, against offi- cials claimed to be violating or'threatening to 'violate the law and the rights of the public. 'Plaintiffs interest and that of every other member of the class• she assumes to represent is after all 'only general. No special or peculiar interest is pleaded or shown. [2.4) :The state (and the municipality as an agency of the state) ordinarily repre- sent the public interest. City of Hartford v. Maslen, 76 Conn. 599, 57 A. 740, 744.' If municipal and state officials act illegally they are the ones to be restrained at the suit of the state or city, either directly or on relation of a proper person. Their acts, if void, are not the acts of either state or municipality. We cannot hold that a class suit can properly be maintained against either slate . or municipality to protect public .rights, unless the "class" be of in- dividuals with such special interest as to permit' individual suits. The class can have no right of action that may not be maintained by an individual member there- of. No individual citizen may site to re- strain a public nuisance or a claimed illegal act by public officials unless Ise can show some special personal or private interest or damage apart from that of the public generally. No claim is made that this is a taxpayer's suit to restrain threat-: cited acts affecting taxes. ! It may be thought or urged however - that the practical situation is the same as; if the suit had been brought by a relator, (representing the public interest) to re- strain e strain threatened illegal action by public'+ officials. As already intimated the issuest. are important and should not be disposed: of (temporarily, perhaps) on procedural'i grounds alone. The tide of the University; should be adjudicated. We shall therefore! inquire as to the merits of the issues. [5] II. What we have said practicallyy disposes of one defense urged by both. 1. special appearance and answer, viz., static immtmity from suit. If tate case is not•: really against the state but against officialse threatening illegal action, no question of - immunity can be involved. Plaintiff con-' tended and the trial court held that im-a munity was waived because of section o 613.8, Code 1946, I.C.A. The contentions] is of doubtful merit, but unnecessary in : view of our election to consider the merits+ of the case as indicated above. .III. We come to the most important) question: whether the city could, with 11 legislative approval, divert the use of the9 area from public park to state university,9 purposes. Plaintiff argues there is some., thing ,peculiarly sacred and permanent) about a dedicated public park and that the ) attempted alionation or diversion was un -4 constitutional, illegal and void 1[6] There is authority in our own decisions to support this general prop- osition, at least where private property has by its owner been dedicated to public use and accepted by the public for the purpose specified in the dedication. It is based upon the theory of a contract between dedicator and public which is binding on both parties. Warren v. Mayor of Lyons City, 22 Iowa 351. We do not question the soundness of the proposition as limited to such dedication of private property. Undoubtedly in such case the dedicator, or one claiming under him, can maintain suit to prevent diversion in viola- tion of the contract dedication. p:n wit have here a qu T::„ -;=A was never 1: was not dedicated tc ,., •i,;na:rd by public authe pu`,!:c pu:posc. On Mart h•::be United Stab :4r Tc:: i:ory of Iowa. T"tc Act of Congress " �r :::',•:1" the entire srctior "t. r the purpose of crec bt::ldings for the u twe an-! Legislative dcp ,s t•: n:n:•nt of the said . Act p. ot•idcd that "notl p r,v--•d sSall be construct To. itory of Iowa, of .;;;ii:icn[ quantity of tat title site and aceommodati k:i:dings, from selling a t;!e :vsiduc • • • in wt..•, fur the use of said crcz:!un and completion of [71 The entire sectile p:nperty of the Tcrritot lo:g;er a part of the pnb Unwed Sates. 50 C.J. W 1. The territorial Icgisl: 'I, 1539, provided that tl prnaamation, should dircc Ltw•s of Iowa, 183539, p: ,i -•u was made for the sal and execution of deeds territorial agent. Laws o- Cl:apters 8, 9, 142. We need not determine mic3!1Y the legal title of oth.r public grounds passe ip4ty. There was a to t::c;t in force, similar to 0 409.13, I.C.A., prc anifyirg, acknowledging t a town plat "shall be deet in equity a sufficient can - the ice simple title of all parcels of lard, as are th and shall be considered, to parl,oscs,a general u•arrar donor • • • for the it, :itcrein named • • •,, title '• shall be held, in the thereof, fn trust to, and f, purposes set forth 1533, page 453, CA IISOx v. s'rATO cue ,.. as N.vs•.zd rae But we have here a quite different case. This ground was never privately owned. It was not dedicated to public use but designated by public authority to a specific public purpose. On March 3, 1839, it was owned by the United States and situated in the Territory of Iowa. The Act of Congress "appropriated and granted" the entire section to the Territory "for the purpose of erecting thereon the public buildings for the use of the Execu- tive and Legislative departments of the government of the said Territory." The Act provided that "nothing herein ex- pressed shall be construed to restrain the said Territory of Iowa, after appropriating a sufficient quantity of land • ' ' for the site and accommodation of the public buildings, from selling and disposing of the residue v • *, in lots or other- wise, for the use of said Territory, in the ,rection and completion of said buildings." [7] The entire section thus became property of the Territory, and was no longer a part of the public lands of the United States. 50 C.J. 836, Public Lands, § 1. The territorial legislature on January 21, 1339, provided that the Governor, by proclamation, should direct a sale of lots. Laws of Iowa, 1838-39, page 437. Provi- sinn was'made for the sale of private lots and execution of deeds therefor by a territorial agent. Laws of Iowa, 1830-31, Chapters 8, 9, 142. We need not determine whether tech- nically the legal title of the streets and other public grounds passed to the munic- ipality. There was a territorial statute then in force, similar to our present Code action 409.13, I.C.A., providing that the c,rtiiying, acknowledging and recording of a town plat "shall be deemed in law and in equity a sufficient conveyance to vest the fee simple title of all such parcel or parcels of land, as are therein expressed, and shall be considered, to all intents and purposes, a general warranty against such donor • • • for the uses and purposes taercin named • • •" and that such title "shall be held, Ocreaf, in trust to, purposes set forth 1333, page 453. n the corporate name and for the uses and 0.11 Laws of Iowa 173 [8] We are unable to see that it makes any difference whether such a statute would apply to an allocation of public lands to some special public use. If it be considered that the legal title passed from the Territory to the municipality, the former retained only the legislative control which the sovereign has over all munic- ipal governments. Such power of control doubtless passed to the state when Iowa attained statehood. 59 C.J. 69, States § 35, and authorities cited. ' (9] If on the other hand the legal title did not pass, the ownership of .the whole platted area (except private lots sold before statehood) remained in. the Territory and passed to the state. 49 Am. Jur., States, Territories and Dependencies, § 10 (note 17, page 231) tiling Brown v. Grant, 116 U.S. 207, 6 S.Ct. 357, 360, 2 I -Ed. 598. In the Brown case it appeared the state constitution of Colorado provided "that all property • • • belonging to the Territory of Colorado ' • • • shall be vested in and become the property -of the State of Colorado. - The Supreme Court said: "Unless otherwise declared by Congress, the title to every species of property owned by a territory passes to the state upon its admission into the Union. The provision in the state constitution to that effect was only declaratory of what was the law." (10] In 59 C.J., supra, it is said: "Upon the admission of a territory into the Union as a state the state government suceced5 .to all the powers of sovereignty previously enjoyed by congress and which belong to the original stales, and only such powers in respect to the people of the new slate remain in the federal government as; under the constitution, it may exercise over the original states." . [ll, 121 Under either hypothesis there- fore the control of the park was in the city, subject to legislative supervision. We have repeatedly held that since municipal- ities are creatures of the legislature its control over them is almost unlimited. State v. Manning, 220 Iowa 525, 536, 259 N.W. 213; Eckerson v. City of Des Moines, 137 Iowa 452, 465, 115 N.W. 177; City of Clinton v. Cedar Rapids and Missouri River 0 0 17.1 Town 88 NORTH w'ESTERN REP0RTER, 2d SHRIES Railroad Co., 24 Iowa 455, 458, et seq. No rights are claimed to have arisen by reason of reliance of any property owner upon the continued existence of the park. [13] IV. Notwithstanding many judi- cial statements (many of them dicta) lend- ing some support to plaintiffs contention here, we think the general public had no right of use in this park that could not be diverted by the city with legislative ap- proval. The distinction between dedica- tions made by private owners of property to public use and the appropriation of publicly owned ground to some specific public purpose is logical and supported by authority, both judicial and text book. See Pettitt v. Mayor etc. of City of Macon, 95 Ga. 645, 649, 23 S.E. 198, 200. In Harter v..City of San Jose, 141 Cal. 659, 75 P. 344, 346, the opinion quotes Dillon on Municipal Corporations (4th Ed.) § 651, as follows: "As between the munic- ipality and the general public, the legisla- tive power is, in the absence of special constitutional restrictions, supreme, and so it is in all cases where there are no private rights involved. If the municipal corpo- ration holds the full title to the ground for public uses, without restriction, the Legislature may doubtless direct and reg- ulate the purposes for which the public may use it." See also 39 Arn Jur., Parks, Squares and Playgrounds, § 21, referring to an annotation in 18 A.L.R. 1247, which says, citing the.Harter case, supra, and others: "A different construction is placed upon dedications made by individuals from those made by the public. The former are construed strictly according to the grant, while in the latter cases a less strict construction is adopted." In Wright v. Walcott, 238 Mass. 432, 131 N.E. 291, 292, 18 A.L.R. 1242, to which the foregoing is an annotation, it is held where the land is acquired by eminent domain or through expenditure of public funds and is "not subject to the terms of any gift, devise, grant, bequest or other trust or condition," it may be devoted to some other public use by legislative man- date. See The Brooklyn Park Commis- sioners v. Armstrong, 45 N.Y. 234, 6 Am. Rep. 70; Clarke v. City of Providence, 16 R.I. 337, 15 A. 763, 1 L.R.A. 725; City of Hartford v, Maslen, 76 Conn. 599, 57 A. 740. [14] The rule is repeatedly staled by McQuillin that property devoted to public use, such as parks, cannot be alienated or diverted r 4thast legfrlati✓e authority. 3 McQuillin, Municipal Corporations, 2d Ed. Revised, § 1242, 1243, 1255 (pages 1024, 1028, 1056). The 3d Edition of McQuillin, Vol. 2, p. 200, broadly states: "It is gen- erally held that the legislature may author- ize the discontinuance of parks and sale of park property, the fee of which is in the city, when no private property is thereby taken." Some of our own decisions are cited by plaintiff: Ransom v. Boal, 29 Iowa 68, 4 Am.Rep. 195, concerned another Iowa City park created by the same plat as is involved here. That opinion merely held the park could not be sold under execution on a judgment against the city, because it was, not owned by the city. The statement in the opinion (relied on by plaintiffs here) to the effect that the legislature could not authorize "an appropriation of the prop- erty to any other than the'trust purpose" was in the nature of dictum. It cites Warren v. Mayor of Lyons City, supra, 22 Iowa 351, which, as we have already pointed out, involved a contract between a private dedicator and the city and was brought by one of the original dedicators. Another Iowa case cited by plaintiff is Cook v. City of Burlington, 30 Iowa '94, 6-Am.Rep. 649. The opinion referring to a United States grant somewhat anal- ogous to the one here, says: "The use was dedicated to the public. The act of con- gress making this dedication was in the nature of a contract which could not after- ward be abrogated or repealed." Two of the three cases cited in support of this pronouncement involved dedications of pri- vate property, the third was clearly not in paint. It seems apparent the quoted lan- guage referred, not to a contract between the dedicator and the public, but to the obligation growing out of the fact urged by plaintiffs that they had purchased their property in reliance on the grant which gave it special value. Brockman v. City of 44 N.1V. 822 was bro::ght to enjoin thrc might affect plaintiffs proposed to donate city the county for a court I ment to make defend. It is not in point here. Davenport v. Butting 234, 46 L.R.A. 377, in, grant or dedication by tion in Oklahoma. Aft (Town of Downingvill, sion for twenty-three y taxes for the care and park, the Cherokee Nat draw it from public us for private use. The court of appeals tion granted by the tr tinguishing Clarke v. ( 16 F.I. 337, 15 A. 763, 725, and Brooklyn Par Armstrong, 45 N.Y. i being cases where the to other public uses. seems to ignore that di its decision upon the s tion that:. "Nations, sl ities haves and exerc: powers, -one goverumt rule their people; the business, by which tl business affairs as lega same fundamental prir law, and of equity g exercise of their po class which control t individuals." The of this statement how•eve that lots had been sol by taxation for the i park in reliance upon : nant which the dedic. We have gone into port v. Buffington at it contains perhaps as can be found agt we adopt between di property to public us property, already pub) particular public purpt mens is weakened how• OSOit r, STMT lowe075 ctt� <. ss N.ay.cd sas Brockman v. City of Creston, 79 Iowa 587, 44 N.W. 822, was a taxpayer's suit brought to enjoin threatened action that might affect plaintiff's taxes, as it was proposed to donate city owned property to the county for a court house as an induce- ment to make defendant its county seat. it is not in point here. Davenport v. Buffington, 8 Cir., 97 F. 234, 46 L.R.A. 377, involved a legislative grant or dedication by the Cherokee Na- tion in Oklahoma. After the municipality (Town of Downingville) had held posses- sion for twenty-three years and had levied taxes for the care and improvement of the park, the Cherokee Nation sought to with- draw it from public use and sell it in lots for private use. The court of appeals upheld the injunc. tion granted by the trial court, first dis. tinguishing Clarke v. City of Providence, 16 R.I. 337, 15 A. 763, 765, 766, 1 L.R.A. 725, and Brooklyn Park Commissioners v. Armstrong, 45 N.Y. 234, 6 Am.Rep. 70, being cases where the diversion was only to oilter public uses.. The opinion then seems to ignore that distinction and places its decision upon the sweeping generaliza- tion that: "Nations, states and municipal- ities have and exercise two classes of powers, --one governmental, by which they rule their people; the other proprietary or business, by which they carry on their business affairs as legal personalities. The same fundamental principles of justice, of lase, and of. equity govern them in the exercise of their powers of the latter class which control the acts of private individuals." The opinion couples with this statement however the further point that lots had been sold and money raised by taxation for the improvement of the park in reliance upon the "grant and cove- nant which the dedication evidences." We have gone into this case of Daven. port v. Buffington at some length because it contains perhaps as strong language as can be found against the distinction we adopt between dedication of private property to public use and allocation of property, already publicly owned, to some particular public purpose. Its broad state- ment is weakened however by the emphasis placed on facts lending to show reliance by taxpayers and property owners upon the continued existence of the park and the fact that it was proposed to withdraw the park completely from public use, and not merely divert the use to another public one. [15] With full realization of the fact that there are judicial pronouncements to the contrary we hold that where land, already publicly owned, is designated for some particular public use no contractual trust arises in favor of the general public that precludes subsequent diversion of it by proper legislative authority to some other and different public use; at least, where no special private rights have in the meantime arisen by purchase or im- provement of adjacent property in reliance on the permanency of the public use in question. The proposition is in principle recog- nized in various cases. See Sharp v. City of Guthrie, 49 Oki. 213, 152 P. 403, with- drawing opinion in 145 P. 764; Seattle Land & Improvement Co. v. City of Seattle, 37 Wash. 274, 79 P. 780; Morgan v. Rogers, 8 Cir., 79 F. 577, affirmed. Wright v, Morgan, 191 U.S. 55, 24 S.CI. 6, 48 L. Ed. 89; Owen v. City of Tulsa, 27 Oki. 263, Ill P. 320. .. We apprehend the principle holds good however the original public ownership arose, whether by purchase, condemnation or grant (as here) from the public domain. [16] V. It is seriously argued the city ordinance of March 7, 189, granting the use of the park to the state for uni- versity purposes was without legislative authority. Ever since enactment of the Laws of 1864 there has been statutory authority permitting municipalities not only to acquire and lay out but also to vacate streets, alleys and other public grounds and dispose of same whenever such lands are deemed unsuitable for the purpose for which they were originally. granted. Chapter 127, Laws of 1864; section 470, Code 1873; section S93, Code 1897. [17] This is not materially different from a grant of discretion to act when it is - 170 Iowa 3S MIMI WESTfii:: REP0RTER. 2d S2RIES • ! in the public interest. We cannot, on this Record question its exercise by the city council. The transaction ennstiluted a tech- nical diversinn from one public purpose to another. Whether circumstances had ren- dered the site unsuitable for a public park was for the municipality to sty. Its deter - initiation in the absence of some showing of fraud, arbitrary action or abuse of power, is not subject to judicial review. 2 McQuil- lin Municipal Corporations,(3rd Ed.) § 10.- 33. 0:33. See also cases cited 14 Iowa Digest, Municipal Corporatiors, a63 VI. Various constitutional criticisms are leveled at Chapter 128, Laws of the 23rd General Assembly, the act which purported to legalize the ordinance in question and to accept the grant made therein for the use of the slate university. ., • „. , [18] •Article 1, lection 10, of the U. S. Constitution, and Article 1, section 21 of the State Constitution, I. C. A.; are invoked on the theory that the original designation of the property as a public park constituted a contract which could not be impaired. We have already stated our views upon the "contract" theory and shall not repeat here the considerations upon which they are based. We do not believe there was any contract herd'within the meaning of those constitutional provisions against impair- ment of contracts. [19] Most stress is- laid upon the claimed violation of Article IIT, section 30 of the constitution of Iowa forbidding pass- ing of local or special. laws in certain speci- fied cases. We have already indicated that the city had power under general lawto pass the ordinance diverting the prepe.rty from park to state university purposes. No "legalizing act" was necessary. The act however accepted the tendered grant for the use and benefit of the university and was proper for that purpose. But we think the plaintiffs argument at this point is unsound for another reason. She contends the legislative act in question (Chapter 128, supra) was unconstitutional as a curative act because the general as- sembly emtld not, as an original question, have authorized, by a general law, the di- version complained of, citing Cook v. Aan- nah, 230 Iowa 249, 297 N.N. 262. [20] We have already in rffrcl slated, it. division V hereof, that the general statute authorizing municipalities 'ho vacate and dispose of" streets, public parks, etc., was sufficient authority for the diversion here complained of. It may be added that even if this were not true, we see no constitution - at objection to a general statute permitting diversion* from one public use to another public use deemed desirable, where no con- tract rights or questions of estoppel are in- volved. The right to "vacate and dispose of'. is certainly a much brozdcr one than the right to divert from one public use to another. Conditions change. What war in the pub- lic interest in 1838 might well be different in 1890. Even the location of the state cap- ital was subject to change.. The original capitol grounds were diverted to the use of the State University. We are convinced there were no consti- tutional barriers to the transactiori in 1890 involving this park. .•'VII. What we have said disposes of the case upon its merits without consideration of questions of limitation, laches and 'es- toppel that naturally suggest theinselves after a lapse of fifty-eight years. It is not necessary t6 extend this already•long'dis- cussion to cover those complex and delicate questions. For reasons already indicated we have preferred to determine the rights of the city, the state, the university, and the public, as created by the various legislative acts of Congress, the territorial legislature, the state legislature and the city council. We have even treated the case as one which plaintiff could bring on behalf of the public as a class and against the State of Iowa. The decision of the trial court is right in its result because of the considerations we have set forth and it is affirmed on those grounds, Affirmed. OLIVER, BLISS, IVENNERSTRUM, MULRONEY and HAYS, JJ., and HALE, C.J., concur. MANTZ, J., not sitting. GARFIELD, J., takes no part r In re ANNEKE'S TF I•CRL el at. v. FIRST & Ahtl, DANK. No. 34929. S.mmine Court ur MU June 11, 1049. 1. Tru,ts 0231(2) A :rnlAcc may not dca'I in rc-;.cet to trust property,J b:, uwm property. to trust j t. wt ; r•.I.crty for himself, n{ usecncc of any fraud in sui 2 Trusts 0231(2) A bank acting as U :::'!y b:my for the trust or affiliated < by -.he trustee securities 3. Trusts 0231(2) S:a:mc directing trust pers nal representative; gua trt: ice, to invest funds in cunncs, then "held" or spat by it, uses quoted word a curitics held -by trust comp and O)es not authorize pun rides owned by trust cam ,x.86. 4. Trusts 0231(2), Request that bank act purchase designated securid c,:po..a:inn, which was own trustee instead of its forme :.tent, did not authorize pat ri:ies owned by such eorporatl of ndc prohibiting a trustee uhh himself in respect to 5. Trusts 0112, 118 In construing a trust it gar's intention as expresse used therein must first be d, the entire instrument, aidee iug circumstances, giving all its language and some n: sfL!e, to all parts, expressic used, discarding and disregr as meaningless if any m, given them consistently will instrument. • ••• 88 5.11'_d-12 0 0 AGENDA RESOURCES CONSERVATION COMMISSION CIVIC CENTER - ENGINEERING CONFERENCE ROOM JUNE 28, 1977 - 4:30 PM 4:30 P.M. - Approval of minutes of the June 15, 1977, meeting. 4:35 P.M. - Discussion and approval of the bylaws. 4:45 P.M. - Discussion of the water situation in Iowa City - Johnson County Board of Health 5:45 P.M. - Discussion of ASHRAE 90 - 75 100 Series 100.1 Energy Conservation for Existing Low Rise Residential Units 100.4 Energy Conservation for Industrial Buildings 100.5 .Energy Conservation for Institutional Buildings 6:15 P.M. - Presentation of the Ames Resource Recovery System 6:55 P.M. - Discussion of the next meeting's agenda 7:00 P.M. - Adjournment 3/78 `1 0 0 MINUTES OF STAFF MEETING June 15, 1977 The informal and •formal agendas were reviewed: Councilman Balmer asked why the written permission of the owner of a building is required on sign applications. The Director of Public Works was requested to reply in writing. The Director of Finance was asked about the disbursement for Curtis 1000 Services as listed on the agenda item. It was determined that this expenditure was for printing of parking meter tickets. The fee will be waived for the vacation of Parsons Avenue with the exception of out-of-pocket expenses which will include cost of appraisals. Community Development was requested to prepare a press release on the proposed changes in the zoning ordinance related to parking. This release should go out prior to the time of the public hearing. The City Manager asked the Legal staff if they reviewed all bidding documents for contracting jobs. The secretary to the City Manager was requested to review the files for a directive pertaining to this matter. The Conway Subdivision should be put on the agenda for the June 21 meeting. The Director of Community Development is to inform Don Schmeiser of this agenda item. The Director of Community Development was requested to prepare a letter to the Johnson County Regional Planning Commission regarding the three Council members to serve on.the Land Use Committee. The Legal staff was asked if it is possible to have an ordinance which states that the actual charges for miscellaneous services of the City can be determined by actual administrative costs so that the City Council does not have to adopt a resolution each time. Public Works Director was asked about the status of the Mormon Trek project. He advised that Public Works is working on the plans and specifications and that the concept statement was approved by DOT. Councilman Perret will be absent on June 27. When the lines were painted by the State on Burlington Street, two yellow lines were painted down the center of the street which is confusing drivers. The Director of Public Works will check into having turn arrows painted on the street. The markings were placed by DOT and are an approved alternative under the uniform manual. Johnson County is conducting CPR training at the Armory. The City will pay the fee covering this training if any City employees wish to take part. The classes will be conducted both morning and afternoon on June 18 and 25. We are planning to send a questionnaire to each employee asking opinions on jobs, changes they would like to have made, etc. The department heads were requested to advise the City Manager's office sometime this week of any questions they would like to have included in the questionnaire. F1 The Press -Citizen will be putting out a spread sheet in their paper sometime during the middle of July covering City government. The department heads were advised to get their comments back to the City Manager's office by Friday of this week. The department heads were asked to get their Council evaluation forms completed and given to the City Manager's office. At next week -Is staff meeting we will put the numbers on the board and will solicit comments from the department heads. The goal is to come up with a limited number of issues. 1 *city of Iowa Citip MEMORANDUM DATE, June 16, 1977 TO: Neal Berlin and City Council n FROM: Dick Plastino, Director of Public Works{ RE: Monthly Report for May ENGINEERING DIVISION The Washington Street Amenities Program - All brick work has been completed except for a walkway by Gabe 'n Walkers. The City Street Division will do the sidewalk and brick work at this location. Sign bases have been ordered and delivery is imminent. It is expected that Washington Street will be completely finished by the end of June. Muscatine Avenue Project - Bids have been opened and the project will be under way by about June 27. Parking has been removed on Wayne Street and letters sent to each property owner. Alternate bus routes have been deter- mined and press releases will go out as it becomes necessary to divert the bus off Muscatine Avenue. West Park Lift Station - Completed. Ten Unit T -Hanger - This project is 99% complete. The contractor has been given a punch list of corrective items prior to acceptance. Air Conditioning Studies - This project has been deferred indefinitely as the Energy Commission is reviewing the study by Moore and Associates and they will make a recommendation directly to City Council. Southwest Interceptor Repair - This sewer line is being televised and a method of rehabilitation will be determined after completion of the televising. Mormon Trek Boulevard - The concept statement has been approved and we are commencing final design. Plans and specifications should be done by the end of June. Tennis Court Lighting Project - No change. FY78 Landfill Excavation Project - We have a signed contract with Barker, Inc. and it is expected he will start work first week in July. Asphalt Overlay Project - Streets have been selected for both the overlay and chip seal projects. City Park Pool Lights - This project is 100% complete as far as the contract is concerned. The Parks Department still has some clean up work. General - The work chart for FY78 is hanging in the Engineering Conference Room. Council and the Manager may wish to glance at it. 31(9/ Neal Berlin and City Coil • Monthly Report Page 2 SOLID WASTE DIVISION The Solid Waste Division picked up 1123 tons of solid waste during the month. Manhours per ton once again averaged 1.41. Bids have been taken for the landfill compactor and Caterpiller Tractor is low bidder at approximately $68,000. This is $12,000 below the budgeted amount. The City received some grumbling from Powers Equipment Company, manufacturer of the John Deere machine, however, it was pointed out to them that their machine did not meet bid specifications and they were not allowed to bid. POLLUTION CONTROL DIVISION The crews cleaned 1500 feet of sanitary sewer. Approximately 124 manhours were spent working on lift stations. There were six complaints on sewer stoppages of which three were property owner responsibility. The flow at the Hawkeye Lift Station is now being treated with hydrogen peroxide which will eliminate odors at the Mark IV Apartments and will also stop further deterioration of the gravity sewer line by Mark IV Apartments. Meetings were held with Veenstra and Kimm and American Consulting Services to discuss the sewer system evaluation and scheduling of the work. Pollution Control personnel toured future plant sites and talked with John Stevens about locating a plant on their property. Veenstra and Kimm had 16 ground water monitoring wells installed. Pollution Control Superintendent was in Davenport for two weeks on the Korshoi trial. The Ash Street sanitary sewer was televised and three areas were found where the pipe had failed. These have been repaired. Seven employees went to the Regional Operator's Conference at Muscatine. All had an opportunity to tour pure oxygen activated sludge plant with heat treatment and vacuum filtra- tion of the sludge. STREET DIVISION The Street Division did the following work: asphalt placed - 56 tons; concrete poured - 132 cu. yds.; rock placed - 183 tons; curb replaced - 50 lineal feet; sidewalk replaced - 150 square feet; no streets were graded since both machines were down during the month; number of storm sewer intakes cleaned - 12; curb miles swept - 420 (the new street sweeper is expected the end of June); tons of material collected from streets - 105. The downtown area was swept eight times during the month. The airport was mowed twice. The intersection of Highland and Ash was rebuilt. Large areas of River- side Drive were repaired. Highway 6 Bypass was mowed once. Neal Berlin and City Coil • Monthly Report Page 3 CODE ENFORCEMENT The following permits were issued: single family - 32; duplex - 4; multiple units - 2; garages and carports - 4; professional and merchantile - 1, other non-residential - 1; structures other than buildings - 2; additions and alterations to residential structures - 25; additions and alterations to commercial - 4. WATER DIVISION For a change there were no water main breaks during the month. 1420 feet of new 6 inch water main was laid. 66 outside readers were installed. The no. 4 high head motor was returned to service. Hydrant flushing continued. Work is continuing on patching curb and street cuts from this winter's water main breaks. A maintenance contract is being prepared with control data to maintain the computer. TRAFFIC ENGINEERING DIVISION The Traffic Engineer had the following meetings: a. MMS Consultants concerning Hy -Vee and Highway 6. b. Iowa Dept. of Transportation concerning street marking. c. Johnson County Regional Planning Commission concerning Area Transportation Study Report No. 3. d. Southgate Development Company concerning Pepperwood Addition. e. Hawkeye Engineering concerning Windsor Heights. f. Chamber of Commerce concerning Transportation Committee. g. University of Iowa concerning the traffic signal on Melrose and Woolf. The Jefferson and Market one-way couplet signalization contract was submitted to the Iowa Department of Transportation. The Highway 6/1/218 intersection signalization design is 80% complete. The Highway 6/Sycamore signal design has been submitted to the Iowa Department of Transportation for approval. The Model Traffic Ordinance has been completed and adopted by Council. A replacement has been found for the engineering intern in Traffic Engineering. The Traffic Engineering Division was called out on 37 defective traffic signals and 11 street light outages. 24 signs were replaced. 3750 gallons of traffic paint were used. Two flashing school speed limit signs were installed. New conduit was installed under the street on Melrose Avenue. The remainder of the 3 inch conduit on the south side of Highway 6 has been installed. About half the light poles on Highway 6 have been painted. Approximately one-third of the stop bars and crosswalks have been painted. Neal Berlin and City Cot • Monthly Report Page 4 EQUIPMENT DIVISION The following work was completed in Transit: three brake jobs, one transmission, 12 air conditioning systems, five alternators, two fan motors, and body work. Fire: transmission and clutch. Street Department: rebuilt engine installed in the load -all, removed engine and radiator from Huber motor grader, repaired flushing system, installed new dump box hydraulic pump, took three trucks to Cedar Rapids for warranty work, started a major brake rebuild on Galion motor grader. Solid Waste: rebuilt and replaced three packer hopper cylinders. Miscellaneous: five tune-ups, two brake jobs, 60 preventive maintenance, sent two men to GM Air Conditioning School in Chicago for four days; rearranged offices at the Equipment Division, the Acting Equipment Superintendent attended the American Public Works Association equipment conference in Milwaukee; the senior mechanic toured Cedar Rapids and Waterloo landfill compactors. TRANSIT DIVISION The new bus washer was installed during the first week of May. This machine provides high-pressure heated water and detergent to clean the bus exteriors. Twenty -minute rush-hour service was discontinued on the Hawkeye/North Dubuque route. More frequent service will be resumed in the fall. Two drivers resigned. All air conditioning on the buses is operational except for three. Compressor problems are delaying the start up of air conditioning on these units. The new Transit Manager assumed his duties on May 16. Behind Sick Cities Are at Least Some Troubled Mayors w � A Psychiatrist Makes a Name By Counseling City Aisles Facing Increasing Stresses By RONAID G. SHAFM Staff Road" a/ THE WA"STRImT JOURMAL COLUMBUS, Ohio—In a hotel meeting room here, a down mayors alt with their eyes closed, listening to the music of Her thoven and contemplating a shaft of quiet light (lowing over their bodies. No, the mayors haven't Hipped out. In fact, what they're doing Is learning how to avoid flipping out under the Stresses of their pressure -cooker- Jobe. The bearded man teaching them the relaxation techniques is Dr. David E. Morrison, who is rapidly win. ring a reputation as a psychiatrist for may. on and city managers. Since speaking on strew management at a meeting of the International City Managers Anseclation In Seattle 1% years ago, the eP- yesrold psychiatrist has been In demand by city managers, mayors and other public ad.. mlNstrators; they seek him out both In parps and ass Individuals. "I like to call Nm my personal garµ" mays Cary Head, city manager of Alma. Tenn., who frequently calls on Dr. Morrison for guidance. Dave Morrison helps fill the Increasing reed of city officials to be able to deal with the personal problema, of themselyes: and Others In order to be effective IddAers, u. plain Donald Sant. an Official of the city maayters association. "He's talking about problems that ate very strongly fell" by city leaden, "but Iver talked about," Mr. S& rut says, and he understands the profits. don." DNtt of 'the fere Gunslinger' Although long accepted In Industry, pq- cholgleal comaeling Is relatively new for rmym and city managers, who tend to be fiercely Independent. "It used to be that no sell-mapecting mayor or city manager would think of eating for help," says Dr. Morrison, who directed similar'programs for badness executives and public offlctsls at the Menninger Foundation In Topeka, Keen., before entering private practice In that city In 1976, But, he adds, "the Idea of the lone kumlinger who did It all by himself war a deny myth." What has changed Is that mounting mu. rdopal final problems, growing oltiwn de. mands and Increased public diatrust after Watergate have multiplied the pressures on local officials. Nowadays rime are being sued as Individuals; city managers are being fired more often. 0 As a result, city managers and mayurx nud, with physicians as flip most stress. homb,uded group that Dr. Morrison says he has worked with. "Both have lonely Jobs but are al- ways on call. Both awry a reepotulblllly for a lot of people," .a he mays. There are those, of course, who sug. Heal that anybody who wants to run a local government most be u bit loony. S' But Dr. Morrison. who describes him - wit ss "a prychia. trla who works with well people," contends that city leaden generally are a well-bal. anced bunch. One sign of stability Is that most have good semen of humor, he says; "they're the funniest group -I've worked with except for a group of drug saleamen" Tim trouble Is that public leaden often have nobody to share their problemi.with. Became of long working hours, spouses of- ten aren't available as sympathetic listen. ers. (Offlclalmabsence from home can Itself be it ekime of family strife.) Many public of. ficials feel It Is risky to share Inner thoughts with others for fear they will end up In the newspapers. Enter Dr. Morrison, who may listen to individual problems (no, he doesn't use a much) or counsel officials about how to cope on their own. On rue occasions, the results can be dra• uratic. One government worker told Dr. Morrison that one of his group talks had permueded her not to commit suicide be-' cause of Job and family pressures. But usu. any, the psychiatrist mays, he simply helps city officials adjust to pressures, such as et. tufa from an aggressive city council. Thus, oro city manager has learned to lel off' steam after heated, late-night council meet. Ings by playing basketball at the local !in- house, Another watches late-night television, even Including the test pattern. Such city .offl&atm coy that what "Doc kforrison" does Is help them unaerstand themselves. "I see him m a preacher preaching the gospel of get your bead on straight," mays Mr. Head, the Alcoa city l manager. "If you have your own head on straight, the Nit of the Job Isn't so tough. that you caq't deal with It." Early this year Dr. Morrison set up an espSrimnrfai "support group" of 11 tegeMid.I western city ears who meet will, him monthly to dlemes their frustrations. Then has already been a "noticeable behavior change" In one manoger who worried about Ignoring his health slid family "because he was so wound up In his job;" one participant mays. "Now bel playing tennis twice a week and taking his family on weekend picnics," without feeling guilty, he reports. n U 'Me group's members prefer to remain anonymous to preserve their one sanctuary of privacy. Other city officials who meet with Dr. Morrison avoid talking about It for fear the public might draw the wrong conclusions. "Home allU don't want people to know they've been talking to a shrink," he explains. But thanks to Dr. Morrison and others, psychological help tin city officials is slowly gaining acceptance. The city managers' aa- ao,:latlon, which began promoting such help In the 190b, row Is Seeking fonds for a three-year program of stns management sessions led by Dr. Morrison; he would meet regularly with 10 nglonal groups of city managers. The eventual goad to to offer dm. Itsr tranquilizing opportunities to other gov. ernment workers. All this activity surprises Dr. Morrison, who had planned to devote his entire prac. tice to business people. Now he Is spending an Increasing share of his time with public officials, even though he often charges them less than hall his usual $1,000 -a -day fee. "I'm hooked; 1 really like them." he ex- plains. And he Sees a public-service aspect: "I want people running my government to be clear -thinking and sharp. They aren't going to be If they're distressed." Dr. Morrison spends much of his time meeting with small groups, such as the down mayors who got together here In Co. lumbus during a "leadership Institute" spun. sued by the U.S. Conference of Mayon. At the beginning of the tour -hour session, the psychiatrist explains that stress Is change, whether that change Is good or bad. What surra stress to "dlebroas;' he adds, Is the unpredictable pressure that mayors deal with daily—such as"dngermemos' from city councils and demands from groups of clti. rens. The goal lan't to avoid stress but to find ways to deal with It, Dr. Morrison tells his audience. Mayors tend to be hard•charifng types who can't relax, and that tendency can lead to tangs like heart attacks. To keep contact with reality and ease tendon, he urges the mayors to set up a "surd time" with thdr spouses array from the Job and to have a "wound -licking place" where they can go to be away tram everything. An. other outlet Is to mad poetry aloud. Finally, Dr, Morrison leads the group In relaxation techniques. With chsssical music playing In the background, he maks the may. ors to dose their eyes and. In their minds, return to a "gdat place" where they "once felt safe enough to relax." They then vlmal. W returning to the "world of Stress" and walking down a buoy downtown street where they enter a "temple of silence." There a "quiet light" (lairs over them, eliminating tenslom as their bodies rise off tfie floor. The psychiatrist finally tells the mayors to leave the temple of silence and the light. "But you can get them back whenever you want," he says softly. "Now slowly open your eyes and look mound." The mayors open their eyes, looking a bit dead. A few with the philosophy that "1f you can't stand the heal, get out o! the kitchen" remain skeptical. -But most seem Impressed. Emil Usy, mayor of Maple Heights, Ohio, beholds the Serenity of his colleagues and remarks, "I'd ase like to have him come talk to my city council." 3 /82 Applying Zero -Base Budgeting g g By ARIP.N J. LARGE WASFDNGTON—Leas than a month af• ter seating himself In the Oval Office Jimmy Carter told the bureaucracy to use a zero -base system in preparing the budget he'll submit to Congress next January, "By working together under a uro•base budget. Ing system," said the President, "we can reduce costs and make the federal govern• ment more efficient and effective." Even Be he wrote that, however, an Be. told teat 'of zero -base budgeting was In Progress for three tiny parts of the govern. ment. The guinea pig agencies were busily converting their portions of President Ford's farewell budget Into "decision pack• ages" and other trappings of no, base budgeting. This newfangled paperwork was submitted to a subcommittee of the House Appropriations Committee which, after Mr. Carter won the Democratic nomination last summer, decided It ought to get some early practice. The experiment comes to an end today when the full House Appropriation Cam• mlttee meets to vote on the agencies' money for the 1978 fiscal year starting next Oct 1. It will be the tint appropriations bill ever written that Is derived, In part, from a zero -base budget request. Rep. Ed. ward Boland (D., Mase,), chairman of the appropriations subcommittee that ran the experiment, tells how this bill differs from those of earlier years; "Very little. Very owe." Yet like everyone else Involved, Mr. Bo - load says "It's been a useful exercise." At least a part of Congress has had some ex• posure to the government -wide budget con• ceps It will be facing next January. Offl• elate of the agencies Involved have had some experience In Imposing the mental discipline of uro-base budgeting on their comfortable w4i've•always-0ore-04thaFway plan for spending tax money. Above all, the participants have learned something about the limitation of Mr. Carter's magic budget wand, limitation that appear to give self -protective bureaucrats plenty of room to hide from zero -base emnomiu". No Spectacular Results "There will be no spectacular reeuls," says Rep. Max Baucus (D., Mont.), a two- term member of the subcommittee who suggeffted the experiment to chairman Bo- land. "ZBB Is going to chip away at little bis here and there. It will fora the agen• Iles to think twice about what their pur• pees,• Indeed, Mr. Bauch and others think the new prece is will be more useful to Execu• tive Branch managers who formulate the budget then to the Congressmen who later scrutinize It. "/l would be an Imposelble task for Congress Itself to get Into the maze of paperwork that ZBB generates," says Rep. Boland. ' In a bureaucratic cycle u regular as the season the annual federal budget orig. [notes deep In the bowels of each agency. Traditionally, existing programs an re- garded as eternal and agency budget offl• core think orgy about the increments by which funds should be Increased. In the fall, Cabinet members and agency heads send their proposed budges to the White House Office of Management and Budget. These draft budges are widely assumed to be padded In anticipation of OMB cuts. Late In the year the Presldent himself set• Um major disputes between the agencies and OMB, and each January the final prod. Oct Is sent to Capitol Hill. Earlier this month OMB Director Berl I.ence told the agencies how thin basic cy cle will be modified by uro-baae budgeting for tiscai 1979. Each of an agency's Identi• liable activities will become a "decision Package'" wjth goals specifically do- wAlbed. Agency managers we to rank each decision package in relative Impor• lance. Each decision package Is to carry at Mart two future budget projections, a ratgbty current level of spending and a ktwet 'minlmurn" level. It's presumed that any cut below the mlmmum level would make the activity not worth doing at all. "When appropriate," a decision pack• age may get a proposed budget Increase. The Mal Word Decision packages ere to be lumped lo- gether, or culled out, as the budget propos• als climb the agency's management hler• archy. As "row, OMB and the President will have the final word on what ultimately goes to Congress. When- a presidential budget hits Con. gross It's spot up Into 19 appropriations bills, each handled by a specialized Bob. committee In the House and Senate. Chair. man Boland's Subcommittee handles money for housing and for a collection of Agencies that don't have an appropriations home elsewhere. He and Mr. Baucus picked two of these for the uro-base "per. Imenl with the Ford budget: the Cotammer Product Safely Commission, a young agency that's already acquired a reputa• tion for wheel -spinning inertia; and the No. tional Aeronautics and Space Aulminiatra• tion, known as a crisp performer of Its ex• pensive feats In the solar system. Sen. William Proxmire (D., Wls.i, chairman of the counterpart Senate sub• comnlltta, also decided to try out the new procedure. He asked the Environmental Protection Agency to submit decision pack• ages for,.lta research and development Projects related to energy. The gulms pig agencies promised to co- operate In the experiment. NASA officials based up on the writings of Peter Pyhrr, a plane of rembase budgeting In private business. The Consumer Product Safety Commission sent a team to Georgia, where former Gov. Carter had applied the tech• olque to state budgeting. Fiscal experts at the Congressional Budget Office coached the agencies on the new paperwork re. � with forms based on those used 1, GeorSep. Boland's subcommittee opened hearings on the Consumer Product Safety Commission's zerobase budget submis• 'fon on MAmh 16. "We really do appre• Clete this Opportunity to be part of this ex• periment," commladon Chairman John BYington told the Congressmen. But a little later, he was saying that zero -base budget. Ing didn't quite tit with the way the corn• mission operate& top• Be1ueus Wied why the commission had failed to rank Is 71 decision packages against each other to importance, as re. quested. "Trying to rank our, programa against each other would be like In Georgia ranking the highway department against the health department," said Mr. Hying. ton. "I personally think that ZBB Is an ex• cellent management tool, but I think In it, classical sense It may be a little unwieldy ze a total budget document. I think that It can be adapted." Fmr of the commission's decision pack. ages Involved pu vIy administrative func• tions of helping the five commissioners de• tide things and pay the bilis. Or, In the eye -glazing lingo of bureaucrats every• where, the job of the decision package la. beled "comminton direction" Is: "to translate concrete staff operating plans for a finite number of product/project-specitic priority product areas, as, well as a limited number of new seen emerging during the year which cannot now, be forecast, and a given number of resource commitments, into actions deslgted to maximize the pres. ent value of reduced Injuries consistent with other general commission policies, ob• jectives and priorities." The commission, which has authorized slots for 880 employes, said It will need 194 don earmarked for administrative people. That's just about the "minimum" level, the commission Insisted; any cut would "lessen both the quantity and quality" of help to the commissions". But It gave the subcommittee little supporting evidence of that, and the members agreed to cut the administrative dots to 164. It's not clear how much zero -base thinking was Involved In that decision; the sub 6mM ttee last year, before the arrival It, the new tech• nique, had warned the commission about administrative fat I I. lnsr in March, the subfommlttee held a hearing on NASA's budget request. The experiment applied only to the operation If the Johnson Space Center In Texas, the Marshal Space Flight Center In Alabama and the Kennedy Space Center In Florida. Once ages, the officials said they were Pleased to be part of the experiment, and once again they explained why zero -base budgeting didn't quite apply to everything they do, lee Scheer, dlrecsr,of the Ken. nedy Center, testified It's his job to sumch anything 'sent him from the rest of the agency, "m there aren't many decision. Package laves that I can see;' Im911111 tive Trade -Off The Subcommittee settled ' some key NASA budget decasns without using a zero -base rationele at all. One was the fate of the speer telescope the agency wants to Put In orbit. Members finally decided to grant the money for the telescope, but only atter denying tundra for a new spacecraft ulp to Jupiter. That's the kind of leglsla• live tredeWf made all the time In Con. grecs. "We could arrive at that decision without the budget being uro-based," ac• knmvledges Rep. Boland. ('t[ r) 3/83 0 0 The subcommittee's bill probably con - talar all the sero -base thinking U will re- ceive In the House. The tedmIque may be mentioned but not actually used at this &I. teeaom'a meeting of the full Wmember Appropriations Committee, which tradi. domgy ratifies mad of Its subcommittees' deddwu before sending bills to the. House do". _ go the experiment has ahowrf to the Ast- IRactlan of Reps. Boland and Baucua that seeobase blad{Nfq'e, greatest potential Impact will ocGe In the bureaucracy "dowofown" Edore the budget ever roaches Capitol Rill. Thera, the limited ea• erctw In producing actual decision pack. Wo points up a potential danger that any Initial Impact of serobsee budgeft may 1 fade away In bureaucratic time unYse d w C~tm w watchful. Efeyore akilled at getting money out of Ilse government practice an an called "grantsmanship." Federal employee seek- ing to ave -their stlro may quickly learn an ening" hill—decidon packageman• 1Wp4—In:4escribhq; their programs to Wgberwps In terms suggesting doomsday. U the Imus talk. Yr. Carter can only hope the buuaWOMey,dosen't leara very tut WHy QD} 8 nva Ci o �Rii.rWy •f. / f +ytT .� `{{ � , <. , 7 rid 1•; . .3 I � � �% 51 �t `� U� �', !!''^.` I,�� t/ l.,ql� LI i Y 5 ..-...� DATE: June 26, 1977 TO: City Tranager, City Council FROM: Eugene Dietz, City Engineer RE: Sewer Capacity, Southeast Iowa City. Written to clarify development potential in the southeast section of Iowa City for the areas commonly referred to as the "BDI" property an the "Village Green" property, these paragraphs attempt to trace through the history of the sewer capacity toward its present day implications. In 1966 extensions to the trunk sewer system were constructed to provide sewer service to previously undeveloped areas. These areas included the pairmeadows Addition as well as BDI and Village Green. Although limited written records appear to be available on the subject apparently it was felt desirable to quantify the capacity and outline ,in exact method of serving the areas. Therefore, in 1970, the City retained a consultant for this purpose and a report was produced entitled "Sewerage Service Study, Southeast Areas 1970". Rather than to allocate capacities to specific areas, it is believed that the report was intended to project anticipated growth as a first step in sizing appropriate sewer facilities based on the existing sewers as constructed in 1966. Out of 10 drainage areas discussed in the report five deal with the trunk sewer in question, namely the Upper and Lower Branches of the Lower Muscatine Road Trunk Sewer. Probable contribu- tion of sewage from BDI and Village Green were assigned (Areas 2 and 3 and if converted to a population basis, the assigned capacity for Village Green and BDI would accommodate slightly more than 4,000 people. However, it was projected that approximately 452 of the capacity would be used by approximately 9 inclustries on the BDI pro- perty and the remaining capacity for residential development in Village Green. The report indicated that a lift station be built south of the railroad'tracks on the west side of Scott Boulevard to accommodate these projected flows. It is important at this point to realize that the full implications of infiltration and inflow (clear water) on our Sewer System were not realized and therefore not accommodated in the magnitude that they might be based on the forth- coming results of the sewer system study. With the 1970 study in )land, and after a cons :i.derable amount of negotiation, a revised agreement was struck between the City and BDI (Nov 12, 1971) which outlined various aspects of public utility construction for the property, among which was the cosi: sharing and related verbage for the installation of the lift station along Scott Boulevard. The so called Heinz lift station was constructed and finally accepted for operation in December, 1971. Thr_ station itself was not constructed to handle the Lotal contomplated capacity, but was only the inital phase of a proposed program. 3iSy Page 2 A lapse of 5 years occurred, and the next relevant date is approximately Fall, 1976. Development in the area did not occur as rapidly as might have been expected, and the only load on the lift station to date is the Heinz Warehouse facility. In the latter part of 1976, Village Green began making plans for development in those areas originally con- %templat-Qd to be served by the Heinz lift station. From its inception, no one anticipated problems with the sewer serving the area until we received the first draft of our Infiltration/ Inflow study in December, 1976. While reviewing this document, it was discovered that the main branch of the Lower Muscatine Road Trunk Sewer has only enough capacity remaining for the anticipated loading of a magnitude to serve just slightly more than either BBI or Village Green, but not both. Since an agreement exists with BDI, Legal staff was consulted and the determination made that apparently the City has contractually obligated that remaining capacity to BDI. The subdivision at Village Green South, a 12 acre tract, will be the last of the Village Green property to be served without infringing on the BDI agreement. Although the preceding has been written in a definite tone, it is important to understand that the data used to secure this information came from the initial'I/I analysis. At the conclusion of the presently ongoing Sewer System Evaluation Survey (one year), these data will be refined and perhaps a change in exact conclusions may occur. However, at this point the information appears sound and is the best evaluation of the situation. The previous discussion has been confined to the trunk sewer immediately downstream from BDI and Village Green. An additional aspect that concerns the area is the condition of the Rundell Street Trunk Sewer. Once again, the initial information generated by the I/I study shows that this sewer is in an overloaded con- dition in a theoretical 5 year rainstorm (EPA uses this condition to check sewer overloads). Since the Rundell Street Trunk Sewer serves nearly the entire eastside of Iowa City; the previous discussion may appear academic. However, it is expected that with the conclusion of the Sewer System Evaluation Survey during the next year, the final report which will be submitted to EPA will recommend improvements to that trunk line to alleviate this problem. The priority of this probable improvement can only be speculated upon. There would appear to be no doubt that the improvement would be eligible for Federal funding participation, however depending on Federal allocations, it could be several years before rehabilitation would commence. In the interim, the State Department of Environmental Quality has authorized new con- strucition tributary to the Rundell Trunk with the knowledge of 9 Page 3 40 the overloaded condition and based on the fact that we are progressing with a study to correct the situation. To date these now construction projects have been minor in nature and would not appear to aggravate the overloaded condition to any great extent:: There are two questions that need to be asked at this time: 1. How long will DEQ continue to issue construction permits?, and What liability is the City taking in allowing new con- struction tributary to the overloaded trunk, which has the potential of causing back=ups into existing housing? Both questions are relative in nature and the best answer perhaps is to look at each case on an individual,_basis until the Sewer Study is completed and a recommended comae of action be established. C The fact is, if DEQ and the City chose to take a hard line in the matter, East Iowa City will not develop further for the next several years all'depending on availibility of Federal funds or the desirability of City financing of necessary improvements. If development is denied, further questions regarding liability are implied. Denying service to the BDI property in light of a con- tractual obligation in the planned industrial area would need further exploration as well as any liability the City may have in the coXse of development in the area after the 1970 sewer study. �— For instance, it may come to pass .with. the completion of the sewer study that a great deal of the extraneous'water in the system comes from illegal connections to the sewer system in the form of footing drains. Even if this proves true however, it has already been determined that removal of this source is not cost effective. Free Environment Activities Center, I.M.LL Iowa City, IA 52242, 3191353-3888 Keeping the dodntown Mini -Parks as an integral part of the down- town greenway is the most practical and desirable course the City can take. Retaining the parks as part of the pedestrian greenway is finan- cially sound, The City can use HCDA money to repay the federal loan if the repayment isn't covered by sale of other properties. Deferral of sale of the parks would allow the council to see if the other parcels will sell high enough to finance the repayment without the HCDA funds. Regarding the tax revenue the City would lose from not selling the parks: examiiu tion of the actual money involved shows that, for the Blackhawk park, revenue .could be less than one dollar per year per property owner in Iowa City. The need for cash that would be generated from the sale of the parks has been discussed. However, sale of other properties will gen- erate the money the City needs and, as mentioned above, Housin, and Community Development Assistance funds are also available. The financial arguments against keeping the parks are rather inconsistent when one considers, also, that the cost of these parks (including permanentizing) is very slight compared to the cost of the mall. A major concern of everyone is to guarantee open, green space downtown. The Blackhawk park provides a downtown focal -point that would be enhanced by (and enhancing to) the pedestrian greenway. The Mini -Park on the corner of College and Dubuque would be the only open space on that corner. With a hotel, Plaza Center One, and Penny's on those corners/loss of the park would greatly'minimize open space. In deciding to include a concrete underlay in plans for Dubuque St, the City is giving itself the option of removing the will. 'What the City has promised for the pedestrian mall has been promised with fingers crossed. In light of this decision and the obviously dubious attitude it reveals, it is exceedingly important that the Council. demonstrate its ability to guarantee open, green space downtown. Retention of the parks would indicate wise consideration on their part. This stadonrry is pdnled on 100% recycled paprr. Z -L � J.8 *City of Iowa Cite MEMORANDUM DATE: June 16, 1977 TO: Planning and Zoning Commission ^ FROM: Dennis R. Kraft, Director of Community Development (A1U11� RE: Arterial -collector transportation system for the area south of Highway 6 and east of the Iowa River The following commentary represents a consensus of opinion which was arrived at after several meetings between the staffs of the Public Works and Community Development Departments. The commentary is keyed to letters and numbers which are graphically depicted on the accompanying map. #I. This includes a realignment of Gilbert Street at the point of intersection with Highway 6. The realignment would be west of the present intersection, in an area immediately west of the Country Kitchen restaurant parking lot. N2. Intersection of Keokuk Street and Highway 6. Proposed activities to occur at this intersection would include a traffic flow change on Hollywood Boulevard west of Keokuk Street which would result in one-way traffic to the west only. It is anti- cipated that this one-way flow would extend westward from Keokuk to the area immediately west of the property presently owned by the Fleet E Farm Store. A second change to occur at this intersection would involve the closing of a portion of Hollywood Boulevard east of its inter- section with Keokuk Street, and a rerouting of Hollywood Boulevard to the southwest and west in an alignment between the Iowa State Bank Drive-in facility and the Iowa State Liquor Store. N3. The third change proposed would result in the closure of Taylor Drive, thereby eliminating the intersection of this street with U.S. Highway 6. An additional change here would be the cul -de -lacing of Hollywood Boulevard in the area approximately 150-200 feet west of its intersection with Taylor Drive. The next two areas to be discussed (A and B) entail possible additional intersections with U.S. Highway 6. A. This would entail a new intersection with U.S. Highway 6 and it would provide direct access to the property to the south and could also provide access to the property north of Highway 6 if it were to connect with Highland Avenue. If the northerly extension with Highland Avenue were provided, it would then be possible to close the western end of Highland Avenue where it intersects with Gilbert Street. The southern leg of this proposed •. • Planning and Zoning Commission June 16, 1977 Page 2 intersection would provide access to both the property to the south which is owned by Mr. Prank Boyd and which includes the Contractor's Supply business as well as the land proposed to be used by the HyVee Grocery Store as well as other land located east of this property. If this intersection were to be constructed, it would be possible to close Hollywood Boulevard west of its intersection with Keokuk Street. This intersection with Highway 6 is not recommended by the Engineering and Planning Staffs because it is believed that every additional intersection with Highway 6 will further hamper the ability of this cross-town arterial to carry through -traffic. In that very few cross-town arterial streets in Iowa City provide any degree of continuity, the Staff is of the opinion that every- thing possible should be done to either maintain or improve the traffic carrying capacity of U.S. Highway 6. B. This proposed change would provide access to U.S. Highway 6 from Broadway Street. It is proposed that this be accomplished in conjunction with the closing of Taylor Drive. Additional changes to occur at this intersection would include closing Hollywood Boulevard immediately west of its intersection with Broadway and realigning that part of the road in a southerly direction south of the office building which is presently located on Hollywood Boulevard. An additional improvement which could be made on this intersection would include either the cul-de-sacing of Hollywood Boulevard immediately east of its intersection with Broadway Street, or the realignment of Hollywood Boulevard and its subsequent cul-de-sacing in the area immediately south of the office building which is located at the southeast corner of Hollywood Boulevard and Broadway Streets. If the latter mentioned improvement were to be accomplished, the office building which is presently located there would have to be relocated. All of the improvements which were mentioned to occur at this intersection have the concurrence of the property owner. The provision of access at point B and the cul-de-sacing of Hollywood Boulevard in the area between Broadway and Taylor would prevent traffic from the K -Mart commercial area from filtering through the Hollywood Boulevard residential area to the commercial development in the vicinity of the Sycamore Mall. Access to the K -Mart commercial area would be provided by Sandusky Street, a proposed collector street which would-be roughly parallel to and approximately one-half mile south of U.S. Highway 6. Other proposed improvements in the area would include a route going from Hollywood Boulevard southward to Southgate Street, and the connection of both Stevens Drive and Southgate Street with the proposed realigned Gilbert Street. W • Planning and Zoning Commission June 16, 1977 Page 3 Other minor route alignments were discussed at the Planning and Zoning Commission informal meeting but are not included as a part of these recommendations; however, it is important that the Planning and Zoning Commission make a decision on this road network, if possible, in that it directly impacts upon the proposed development which was recently submitted by HyVee. DRK:sc J 19 ol