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HomeMy WebLinkAbout1977-09-20 Info Packet%ty of Iowa Cite MEMORANDUM City Council, Planning and TO: Supervisors, County Zoning Planning Co fission FROM: City Managerr RE: Annexation DATI: September 16, 1977 Zoning Commission, Johnson County Board of Commission, and Johnson County Regional Currently no established City policy regarding annexation exists. While the background work for the comprehensive plan has not developed a proposal for an annexation policy, it has recommended in the Utilities, Landforms, Land Use Concepts and Locational Factors reports that a watershed service planning tech- nique be used for physical planning. Development is occurring within Iowa City's extraterritorial jurisdiction that is often premature and inappropriate. An example is the development east of Scott Boulevard on prime agricultural land. Other development locates to avoid City taxes and then requests City services or complains about insufficient roads and lack of sewer service. If the City implements an annexation policy many of the existing problems of joint City/County jurisdiction can be eliminated. Specifically, the City would have land use control of all lands which can reasonably be expected to be serviced by the City in the future. The County would be freed from the burden of servicing urban -type development and be able to more efficiently service rural areas. The result would be the County serving rural development and the City serving urban growth -- both governments serving their intended functions, with reduced conflict, confusion and frustration for all City and County residents. Although the comprehensive plan is not completed, the interests of the City are clear: 1. The City currently is requiring private developers to expend considerable resources for stormwater, erosion and sedimentation control, and the City is expending considerable resources for public flood control projects. It is in the interest of the City to protect both the public and private investment in these facilities by having jurisdiction over the entire Willow Creek and Ralston Creek watersheds. The City Council will soon make a decision to construct a new wastewater treatment facility. Regardless of its location, large areas of undeveloped land will have ready access to sewer service. In order to•assure appro- priate development of these areas, it is in the City's interest to annex portions of or the entire Snyder Creek watershed. This annexation should be phased annexation of subunits within the larger Snyder Creek watershed. 3. Existing and potential highway corridors need to be protected in order to preserve their future traffic carrying capacity. Highway 1 North and South, the Dubuque, Highway 1 and Rochester Road interchanges with I-80, and U.S. 6'all need to be protected from development which would most likely decrease their ultimate traffic carrying capacity. 7?D September 16, 1977 Page 2 Sensitive environmental areas as identified in the Vegetation Guide, Landforms Guide and the River Corridor Study are in need of protection from inappropriate development. These areas include the prime agricultural land to the southeast of the City, the forested northern section of the Indian Lookout formation, the diverse ecotone between Rapid Creek and I-80, and the steep slopes and stream environments which add diversity and stability to our environment. 5. The efficient extension of City services to currently undeveloped areas requires careful long-range planning. The current extraterritorial juris- diction offers only review of subdivisions. The more basic element to efficient land use patterns is control of land use location and intensity. Without full land use control of developing areas adjacent to the City, subdivision review is little more than window dressing. 6. The residential areas which develop at the edge of the City in the County are benefiting from many City facilities and services while not having to pay for their fair share of these benefits. Most of these households earn their income from Iowa City. They travel Iowa City streets to work and to shop, they use Iowa City parks, they benefit from our police system and they accrue many indirect benefits. In general, non-farm rural residential development depends on the urban system and the residents of these areas should contribute to the services and facilities which make their very existence possible. From a legal standpoint, the City can annex if it has the capability of extending substantial municipal services and benefits not formerly enjoyed by a territory sought to be annexed. Proof of this capability will negate a claim that the City annexed the area solely to increase its tax revenue. The City has the burden of proof and whether there will be a substantial increase in services becomes a question of fact for the court by considering the level of services before and after annexation. However, it is not necessary that all services be extended before the City would be entitled to annex adjoining property. The financial implications of annexation are complex. The City is required to expend additional money to serve the annexed areas, while it receives additional revenue from the annexed areas. This balance is further complicated by the fact that City taxpayers support the tax burden for non-farm rural developments. The City tax support for non-farm rural development can be expected to increase sub- stantially in the years immediately ahead as a result of the recent property tax legislation. An increasing proportion of the tax burden probably will be assumed by urban commercial and industrial properties. Annexation by the City will require additional expenditures which will be balanced to some extent by increased revenue. While the short run economics of this require further study to determine net gain or loss, it is clear that the long range costs of serving these areas will be reduced by annexation. An annexation policy requires a statement of how annexations will be implemented. Incremental or block annexations are the two main alternatives. Incremental annexations represent no real policy, while block annexations are directly linked to specific City interests, such as annexing a watershed. Other advantages of block annexations over incremental annexations include: 1) the annexation process is more cost-effective, since large tracts are annexed at once, instead of several annexations to annex the same area; 2) the entire process is more understandable, predictable and open, since annexations would follow a stated plan rather than an 0 0 September 16, 1977 Page 3 ad hoc response to pressure; and 3) equally situated land is treated equally, an important legal test, but more importantly a measure of the fairness of the City's action. It would be in the City's interest to initiate an annexation policy which would annex four large tracts of land to Iowa City in two steps (see attached map). The first annexation would be to the north, east and south and annex land for all of the stated reasons for annexation. The second annexation would be primarily to assure a reasonable land use pattern in an area Iowa City might extend sewer service to sometime past the year 2000. It is recommended that the City adopt an annexation policy and initiate annexation procedures at an early date. cc: All City department heads NOTE: All reports mentioned in this memo are available from the Department of Community Development, City of Iowa City, upon request. _ .111• i`� � I . • H ,P ' \` .\ I Jam.., gam• \^ f // I •_ _ Jr ,fes ' r � \ � K -`+•TA� \ 1� • � �t� � —���- • •-_,.•�,\•�•i p � < •-/�• Ian _ 77 -4. .-•ems - _ -- -- --•�• o : PHASE `1 .. .._... `. LJ � ._ r. . � w if�, ¢ � I\''r res.'s •-TL_i. �K�. �1: ` - ovoo ru7Li �I� � I ' Tkr. _ -r .�`. I — �•� _ : _ — — ' _ wrrw J. ,; ---^. irk .T- 'I •� .� •� � \-�' ' � � 1 City of Iowa Cit • MEMORANDUM OA1E1 September 14, 1977 TO: City Council FROM: City Managerk� RE: Social Security Enclosed is a letter draft concerning the proposed extension of social security to police and fire personnel. The Manager recommends that the City Council send the letter to the Iowa Congressional delegation and the members of the House Ways and Means and Senate Finance Committees. An answer would be appreciated at the informal session of September 19. [ON 7I REDRAFT/LETTER H3 9-14-77 • Dear Consideration is being given to changes in the financing of the Social Security system. One of the changes suggested is mandatory coverage for all local government employees. In the State of Iowa, police and fire employees are not currently covered by social security. If police and fire employees were required to be covered by social security, it would cost the taxpayers of Iowa City an additional $83,000. This additional amount would be raised from increasing property taxes. For pension purposes, the taxpayers of Iowa City are already contributing 27.73% of the base payroll for all fire personnel and 22.11% of the base payroll for all police personnel. As is the case in most states, police and firemen already have pension systems with significant benefits which normally exceed the benefits received by other public employees. I urge you to defeat any proposal which would extend the coverage of social security for police and fire employees in the State of Iowa because it would place an increased burden upon the taxpayers and it would expand an already exceedingly costly system. Thank you for your consideration of this matter. Sincerely, Mary C. Neuhauser Mayor City of Iowa Cit? MEMORANDUM DAT September 15, 1977 TO: City Council FROM: City Manager RE: Frantz Property Mr. Wilbert Frantz has provided information to the City concerning land adjacent to Sycamore Street which would be available for parks and recreation development. The Director of Parks and Recreation has inspected the site and will be discussing the matter with the Parks and Recreation Commission. I expect within the next couple of weeks the City Council will have a recommendation from the Parks and Recreation Commission. .3712.. City of Iowa Cit• MEMORANDUM nATfi September 16, 1477 To: City Council ,/ FROM: City ManagerAA/ RE: Bike Licensing See the attached newspaper advertisement and letter to bike shops. Mailed applications are now being accepted and the letter has been sent in an effort to provide bike licensing on -location at the bike shops. These changes should minimize any problems with the bike licensing program. 37'3 The Interstate Shopper 31 October tat. is the deadline to register your bicycle. 'The Iowa City bicycle licenses are available by mai 1. Mail 62.25 for each license which covers' postage and handling as well as the cost of the license; or mail $2.00 for each license and Your license will be mailed to you. Supply the include a self-addressed, stamped envelope. information listed below and mail to: Fire Department ' 410 East Washington ' Iowa City, Iowa 62240 ' Serial No. ' Name Address ' Phone No. ' Brand Name ' ' Color e 'Size Male or Female Type Speeds Wide or Narrow Tires ass elo� • CrviC CENTER,". E.A52240 NST. IOWA 11.354IOWASZl10 JIFJ5411W September 14, 1977 On October 1, 1977, all bicycles must be licensed in accordance with Ordinance #77-2835 as approved by the Iowa City City Council on May 10, 1977. The license is good for a four-year period at a cost of $2.00 and must be displayed on the bicycle. If no license is visible, the bicycle can be impounded by the City of Iowa City until the owner purchases the $2.00 license and pays the $5.00 impoundment fee. It is not the desire of, the City Council to penalize the bicycle rider, but rather that this information and the license be made available to the bicycle owner. Your business is in direct contact with the consumer most in need of this information and the required licenses. Would you consider aiding the City Council by providing this additional customer service? If so, the City would secure press coverage, naming those stores where licenses could be purchased, and provide convenient hand-out sheets containing the necessary information. The actual sale of licenses would require collection of a registration fee, the completion of a registration form and a form listing the license sold by the license number, name, and address of the purchaser. These forms and the money would then be delivered to the City's Finance Department Cashier or could be picked up by a member of the Fire Department. The City will pay bike shops a handling fee of 25t per license sold. Nancy Heaton, City Treasurer, will be in charge of setting up 'the ments for the bicycle licensing. 1800, extension 225, to discuss look forward to working with you of Iowa City. SiVer , Neal 8er1 n City Manager /is Please feel free to call her at the bicycle licensing procedure. in providing this service to the arrange- 354 - We citizens *City of Iowa City MEMORANDUM DATE: September 16, 1977 i0: City Council FROM: City Manager RE: Political Activity By City Employees And City Employment. Appearing below are the applicable provisions of the Personnel Rules and Regulations and the Charter relating to certain political activities of City employees: Personnel Rules - Page 25 "No person holding an office, or employment in the City service, except persons duly appointed to City Boards and Commissions, or persons elected to City Council shall: 1. Continue in his position after becoming a candidate for nomi- nation or election to any public office. 2. Solicit any monetary contribution to the campaign funds nor make any monetary contribution to any municipal political campaign or to the campaign of any candidate for municipal office. 3. Take any active part in a municipal political campaign. 4. Act as a worker at the polls or distribute badges, pamphlets, dodgers or handbills of any kind favoring or opposing any candidate for election or nomination to a municipal office. Charter —Section 2.12 - Prohibitions "A Councilmember may not hold any other City office or be a City employee or elected County official while serving on the Council nor hold any remunerated City office or employment for at least one year after leaving the Council." In recent weeks questions have arisen concerning City employees running for public office and their continuing employment with the City. Both legal and policy issues are involved. The City Attorney concurs with the legal considerations discussed in this memorandum. The specific questions have related to William Kidwell, who recently was elected to the School Board. However, the same issues would arise if any City employee sought to run for public office. 37. 0 _2_ • The City Charter prohibits a City employee from continuing as a City employee "... while serving on the Council..." The Personnel Policy prohibits an employee from continuing "... in his position after becoming a candidate for nomination or election to any public office." Constitutional considerations and case law lead to the conclusion that the City can prohibit an employee from becoming a candidate and serving on the Council without at least taking a leave of absence before the election and resigning `Fter tTie election. However, it appears that the City cannot prohibit an employee from becoming a candidate and serving in as public office, except for the elected County Official prohibition in Section 2.12 of the Charter. Therefore, it appears that neither the Personnel Policy nor the Charter affect Mr. Kidwell's service on the School Board. However, it is quite possible that there may be occasions when Mr. Kidwell's positions as an employee of the City and as a school board member conflict. As the Personnel Policy is currently written, a City employee seeking to run for City Council would have to terminate employment with the City when nomination papers are filed. It is the City's position also that paragraphs 2.3 and 4 above, from the Personnel Regulations are applicable. The City can adopt more stringent regulations governing City employee participation in City elections than the State law provisions which have been liberalized. A copy of the State law is attached. The City Council may wish to consider whether the provisions of Personnel Rules relating to Improper Political Activity represent the public policy desired by the City Council. 40029 Campaign contributions. 1. A person holding a civil seivlce position shall not, while performing official duties or while using city equipment at. the person's disposal by reason of the position, solicit in any manner contribution for any political party or candidate or engage In any political activity during working hours that Impairs the efficiency of the position or presence dur- ing the working hours. A person shall not seek or attempt to use any polltical endorse- ment in connection with any appointment to a civil service position. 2. A person holding a civil service position shall not, by the authority of the position, secure or attempt to secure In any manner for any other person an appointment or advantage in appointment to a civil service position or an Increase In ,pay or other advantage of em- ployment in any such position for the purpose of Influencing the vote or political action of that person or for any other consideration. 3. A person who In any manner supervlses a person holding a civil service position shall not directly or Indirectly solicit the person supervised to contribute money, anything of value, or service to a candidate seeking elec. tion, or a political party or candidate's pollU- cal committee. CITIZS—CIVIL SERVICE; 8109.71 4. A civil service employee who becomes a candidate for any elective public office shall, upon request of the employee and commencing any time within thirty days prior to a primary, special, or general election and continuing until after this thlrtyday period, automatically be given a lave of absence without pay. An employee who is a candidate for any elective public office shall not campaign while on duty as an employee. 5. This section shall not be construed to prohibit any employee or group of employees, Individually or collectively, from. expressing honest opinions and convictions, or making statements and comments concerning their wages or other conditions of their employ- ment. mployment. [9815,91056-32; C24, 27, 31, 35, 39,116713; G6, 50, 54, 58, 62, 66, 71, 73,136529; 075,140026, 6601A, ch 200,061 100.30 Penalty. The provisions of this chap, ter shall be strictly carried out by each person or body having powers or duties thereunder, and any act or failure to act tending to avoid or defeat the purposes of such provisions Is hereby prohibited and shall be punishable As a misdemeanor. [C39,15713.1; C46, 50, 54, A 62, 601, 71, 73,1385.30; 076,1400.601 *City of Iowa C1# DATE: September 15, 1977 TO: City Council FROM: City Manager RE: Airport Master Plan A call was received today from Mr. Emil Brandt of Johnson County Regional Planning Commission. The Airport Master Plan will come before the Commission for an A-95 Review on September 21. This review has been postponed a month and cannot be postponed again. If members of the City Council have any input regarding the Airport Master Plan, it would be good to furnish these comments to the Regional Planning Commission before September 21. Members of the Airport Commission will be present at the meeting on September 21. 0 I 3 725 •City Of Iowa City MEMORANDUM DAM September 16, 1977 TO: City Council, Lib ary Board, City Attorney FIM: City Manager W RE: Relationship between Library and City Council During the period of preliminary plan development for referendum purposes, the City Manager will coordinate with the Library Board. Periodic reports will be made to the City Council by the Library Board. The Library Board has entered into the contract with the architectural firm of Hansen Lind Meyer for the development of the referendum program. If the referendum is approved, the contracting body for the new building will actually be the City Council as the building will be constructed on City land. Of course, the G.O. Bond issue will have to be authorized by the City Council. The plans for the building will be developed by the Library Board. This process will be coordinated through the City Manager and the Director of Public Works. The building program will include funding for a full-time super- visor of the project who will represent the City's interests. The Library program will be discussed with the City Council at the informal session on September 19. The City Council's consideration of the foregoing procedures at that time will be appropriate. cc; Library Director A 3726 ++4++++++++++++—t++++++++110+++++i++++i+4++++fFIii+1•I++++++F++++i+++b+i+++++I++ ICPL BUILDING PROGRAM PUBLIC TNFORMATION SHEET NO. 1 +++++++++++++++++i+i+++++i—F++++i—I++++f—F+—F+++ii++—F++++++i+++++14+++i++i+++i+++++++ History of Present Building In 1856 the Citizens Library Association was organized with library rooms "four doors north of the post office." That winter the associ- ation kept the reading room open and sponsored a lecture course which included Horace Greely & Horace Mann, although Mann failed to keep the date. The association disbanded the same year. In 1859 Henry J. Weineke established a circulating library in his "Jefferson street grocery house" between Clinton & Dubuque, but soon dropped it as unprofitable. The Y. M. C. A. has a reading room for a few years; a Civic Library Association took it over for awhile but in 1871 the rooms closed and the books were sold at auction. In the fall of 1896, the Iowa City Public Library association was. formed. On its first board was M. J. Wade, Mrs. Bertha G. Ridgeway, George Hummer, Bohumil Shimek, S. L. Stevenson, W. P. Coast, George W. Ball, Alice Luscomb and Max Mayer. By a vote of the citizens in March, 1897, the library was brought under the jurisdiction of the state law for the establishment of public libraries and thus could have tax support. A tax was levied and the library was opened above Kenyon & Howe laundry on Iowa Ave. (present site of the Copper Dollar.) A few years later, the ICPL association, aided by Iowa's famed Senator William B. Allison, obtained a gift of $35,000 from Andrew Carnegie for the erection of the original grey stone building. To obtain the Carnegie gift the city had to furnish the site (which cost $8,500), and to agree to support the library at a rate of at least $3,500 a year. The Carnegie award was a one time gift. His grants were for buildings only, never to support operating budgets. Begun in 1903, the 9,600 square foot building was dedicated in 1904. The program, held in the opera house, included speeches by Mayor Stebbins, University of Iowa President George E. MacLean, Congress- man M. J. Wade and J. W. Rich, Library Board President. The Carnegie library built when Iowa City had a population of 7,500 served the community relatively unchanged for 60 years except for the remodeling of one basement room in 1950. Funds provided by the estate of Jennie Brubaker provided the library with a modern, well equipped room for the collection & circulation of phonograph records and provided funds to purchase all library recordings until 1972. In 1962, a 13,800 square foot addition was built following successful passage (80.4%) of a $265,000 bond issue. The total project cost approximately $330,000 including 65,000 available .from a pay-as-you- go levy collected in 1960-62. At the time of the bond issue, it was felt the building would be adequate to serve the city for,the next 20 years. Plans for a new building if carried out on the current schedule will see a new facility ready for use possibly in late 1980 or early 1981 - almost 20 years after the opening of the 19G2 addition. August, 1977 S72 r+++t+++++++i}++++++++++++++++++++++++++++++++++++++++++++++++++y?; ICPL BUILDING PROG PUBLIC IITORMATION SHEET NO. 2 '+++++++i++++++++++++++++++++++++++++++++i+++++i ++++++++++++ t++++++i +++++++it+ ICPL GROWTH SINCE 1963 collections, equipment, services, staff --Collections Books (volumes) - Recordings (albums or reels) Films (reels) Art. reproductions (items) Microfilm (rolls) Pamphlet & clipping files (cabinets) ..Unclassified paperbacks (volumes) Games ..&.-,puzzles Telephone directories, college & commercial ` catalogs, annual reports Periodicals (titles) Number of new items processed annually ,Equipment. card catalog units :•:Microfilm readers ' --Audio-visual playback equipment (projectors, turntables, tapeplayers, etc.) Graphic..& copying equipment ' (copiers typewriters, sign makers, etc.) i iServices,, Population -served tal`-annual circulation Circulation of audio-visual materials 'Information questions answered .'Weekly storyhours Weekly .film showings for children =:Shut-.in_'service to homebound IF y * Serving.U: Hts., N. Liberty, rural Johnson Co. f 1969 total. No formal service before that date. G ' August, 1977 1963 70,000 900 0 0 0 4 0 0 0 150 3,455 3 0 2 5 33,443 188,000 1,000 4,000** 1 0 0 0 0 0 0 NA NA NA 12 1/4 1977 110,700 4,900 475 525 1,434 22 6,000 235 2,500 400 19,860 6 6 27 22 62,000* 450,000 38,000 25,200 5 5 129 435 271 567 24,000 1,150 59,800 168 24,200 30,200 30 (includes 6 in Work/study & CETA pgms: Items, loaned by .mail. -Services" to'icounty,-jail. - Usersserved 'Items delivered. ' Income tax forms distributed nterlibrary-'loans-of films,.books Ph0tornpies rpurchased by public. + z •Gioups..usinq meeting rooms Booklists,'program,announcements calendars,.catalogs,,etc. printed & distributed Totali attendance at library sponsored programs f"Staff in Full-time equivalent IF y * Serving.U: Hts., N. Liberty, rural Johnson Co. f 1969 total. No formal service before that date. G ' August, 1977 1963 70,000 900 0 0 0 4 0 0 0 150 3,455 3 0 2 5 33,443 188,000 1,000 4,000** 1 0 0 0 0 0 0 NA NA NA 12 1/4 1977 110,700 4,900 475 525 1,434 22 6,000 235 2,500 400 19,860 6 6 27 22 62,000* 450,000 38,000 25,200 5 5 129 435 271 567 24,000 1,150 59,800 168 24,200 30,200 30 (includes 6 in Work/study & CETA pgms: ++t++t+++t++++++++t+++++•+F+++++11++i-+++++i-+1+++i*++i+ti++11—Hot++i+i—H ++++ ICPL BUILDING PROGRAM PUBLIC INFORMATION SHEET NO. 3 ++t+++t++t+++t++++t+t++++++i++++t+i++i'.++t1—H ++t+++i+i H+++++++++++++++1++++++ Inadequacies of Present Building Lack of Adequate Space a. Seating There is one-third less seating capacity in adult areas than when the building opened in 1963. (82 vs. 130) Approximately 1,000 people a day enter the building. Only 42% check out materials. The rest are often looking for a place to sit down. b. Shelving The number of volumes (books) has increased by 58% since 1963, shelving by only 22%. The Children's Room with a collection of 33,000 volumes has a shelving capacity of only 19,000. Both children and adult collections have been kept at their current size (withdrawals must equal additions) for several years. No more shelving can be added unless more seating is removed. Most libraries with an annual circulation the size of ICPL's (450,000) would have a collection almost twice as large. (200,000 vs 110,000) In addition to a larger book collection, the library has increased the recordings collection by 500% (900 to 4,900) tripled the size of the periodical collection (150 to 400 titles) and added collections of 8mm films, art prints, posters, sculpture, news- papers on microfilm, games E puzzles, slide programs, and thousands of unclassified paperbacks. These newer types of materials not only take additional space but require new types of shelving E dis- play - microfilm files, paperback racks, recording bins. The. expansion of shelving for reference materials (books, telephone directories, pamphlet files, consumer and business materials, college catalogs, commercial catalogs, annual reports) has cut the seating in the reference area by 50%. d. Services Space also has been eaten up by the additional services now being offered by the library. Public photo copying and audio-visual preview facilities are just two obvious ones, but space has also been used to plan and to prepare homebound and jail services, deposits of paperbacks for various outlying agencies,to sort and recycle pift materials, and to prepare library publications, public information efforts and library displays. d. Staff The staff has increased from 12 to 30 (F.T.E.) since 1963. With many part-time employees there are about 45 people trying to use the staff lounge and restroom facilities. There is no private conference or office space for interviewing, evaluation. or coun- selinp of employees except the director's office. Every corner is being utilized to provide non-public work spaces. • 2 • New materials and new services require different kinds of work spaces than are required for simple acquisition, processing and circulation of books. Films and recordings must be inspected cleaned after each use. Art prints and sculpture cannot be pro- cessed like books nor sent to the bindery when damaged. Infor- mation and subject specialists need office space away from public use areas to select materials and organize information resources. All library work space except the administrative offices are in the oldest part of the building and have the same limitations, rigidities, deteriorating conditions and inadequacies of most 75 year old buildings. Inefficient Operations a. Reshelving Awkward, inefficient re -shelving patterns become increasingly expensive as volume of use and wage scales increase. Materials are stored on 5 different levels. There are no elevators. Two small book lifts serve two levels each; the fifth level has no service. The nearly 1/2 million items circulated each year must be handled up to 10 times each to be reshelved. b. Periodicals F tl d b kfiles must be stored three levels below cur - requen y use ac rent issues. Open stacks in a public area would eliminate staff time spent retrieving them for library users and returning.them to thestorage area. There is no book lift to that area and the library handles about (5,000) requests a year. c. Security Multi-levels and odd -shaped I rooms require staff time to supervise and control public areas. Work areas are vulnerable to theft and vandalism because of difficulty of preventing public access. Library materials and supplies must be delivered to a public but unsupervised area. d. Non-public work areas All departments lack adequate storage sp-ace: Supplies are stored in eight small areas scattered throughout the lower levels. Public service departments lack adjacent work and office space. Safety/Comfort/Maintenance Heating and cooling system is aging rapidly. It is inefficient to operate, costly to maintain and can not provide dependable or comfortable. temperature levels to many parts of the building. Major repairs or replacements are a possibility at any moment. Meeting rooms lack a second exit and are poorly designed for audio- visual presentations. All areas lack adequate electrical wiring for modern equipment. 0 -3- C1 Plumbing in the older parts of the building is beginning to disintegrate and public restrooms are ill -designed for current level of use or for sanitary maintenance. Inaccessible to elderly and handicapped Public use areas are on five levels and require a minimum of three steps and as many as 30 steps to reach public services and library materials. There are no restrooms for the handicapped. The stairs and narrow aisles make the library difficult to use for the elderly even if ambulatory. New federal guidelines will. make the library ineligible to receive federal funds and in three years if the building remains unac- cessible to handicapped. +++`+++++++++++++++++"+++++++++++++++++++++++++++++++++++++++++++++ BUILDING PR6 04 PUBLIC INMATION SHEET N0. 4 ahy our Unique Population Creates Unique Library Needs: Qocat chahac.teV:ztLce and national t end.6 easing need for life -supporting information which is con- _y. on _y..'growing,in volume and increasing in complexity, -.a chang- ormal and more extended educational process, more ie and'an'enlarged and reconstituted audience for library ve increased the use of public libraries everywhere last 10 to 15..`years..Nationwide 'the `use of public ncreased,by 10% in 1975 alone. is partially' due to the changing character of our b a:resultzngt!change..in what:people expect h raries h� 'ubii'c Library, originally built, in 1903, was expanded :`then,the>library 'has experienced phenomenal growth, mately'10$ a"year, tfrom 1970 .to 1975. ,The types he kinds`'of services Offered. have been greatly ex-' " the:'. changing needs and expectations of today's library lblic-:Information: Sheet -'No. 2) ast'Pour reasons 'for the nationwide growth in use of :. ition'explosion, the•technological changes which have .he-.variety'°of`ways. in'which'information'is'stored, teasing complexity;"of society in general have ,created;, ; rtil zation<:of public- libraries as a source for `accurate ' needed information". The -need for the librarytt0 lect; organize 'and help ;people'to find the information or'aheir,well-peing•has:increased. steadily, since i, he'.building,`was expanded; �,: ncreased emphasis on the importance of education and training"since the:'mia-sixties.'coupled with'a]..move :formathas,.,. irofesstonal.'guidance 'in,'their'use. ore and of ,_them'products:of schools,with.sophisticated,' ies, are '-pursuing 'life-long.; educational goals i ,lib'raryjfor�both;:print'and non-printtresources liest': in ''educational `media'" from' their school �a room experiences,.they request.the..,gamut of ectst;.from be innin hoto'ra h to advanced ] ., g, g P g. P Y; z and .increased interest in sports,travel, , >nal':crafts',and'skials, and,.do-it-yourself,>;tech !& an, explosion in.:the demand for applied; als. Television,` movies,' radio and other aspects -2- 2 • ' of the, media revolution not only have increased reader's of interests in related print materials, but the media themselves have become a core part of the library's collection in the form of 8mm and 16mm films, disc and tape recordings, and video tapes, cassettes and discs. More leisure time means more time tolearn, to study, and to enjoy, for their own sike,;,the cultural products ,of our society. In periods of economic recess. L ' th enforced leisure, inflated prices and receded incomes,,the services of the free public library have -15 een not only an inexpensive ;recreational and entertain- ment resource but also a vital source of information about .upgrading job skills, locating employment opportunities, and generate'tips on how to survive. .4 = Increased,concern,since the early sixties for the needs of the t „.. hac'apped,.the elderly, the 'under, educated, the homebound' and institutionalized, and others ill-equipped to navigate in 'dern society; `has' required libraries to design services and 1.mo acquire materials to;'meet t}ieir,special needs and this has. , greatly enlarged the potential constituency of the local library.; 11 'At°the same time Iowa -Ci ty has some special characteristics which . makes,ahe :use of the public library in this 'community even more intense These social and economic characteristics when compared wy,a state:,and national averages help explain why there is such'an 7a unusually high•level7of.Tublic'library use by Iowa City -resident s. ' "ym Every'study of library useyboth-nationally and locally reveals a 5very high correlation between heavy 'library use and 1)'.'. �r .',high education,jevels,.2)`. high, income levels, 3) white-collar, occupa � 'tionsa•'and 4)f} the t'age,'bracket 1'8-'m35 ry I IMr kxr a ,y TFour"times•as 'many people 'over 25 in Iowa City have four > I 'r or more years of college as, the national average (39$ vs s'•' 3Fami'ly=median-•income (despite thelarge number of student ;. " �i'' families),%as,4$'.rover both thei:Sowa and the national average. �,t�n f?arSiXity�three percent=of the Iowa City :,workforce are :;in white ,,. tt v\cellarroccupatons comp'ared'to' 48& nationally.. «„ I'Twice a's,many.people i.n"Iowa City are.. between the ages of �i�{waR� Ss+�18 ,and F35 ithe national average (39$ vs 20$) a, has .0 g mat erials)' is` only one.:of. a library!s •ser irculata on;;('loan in of Iowa:'_City ,has: the ;highest"per, capita circulation;'of wa ;Neariy:.:..twice as., high as all cities ..except,,Ames, , d Coralville = all 'three 'sim'ilar m ilar comunities asr 'fa characteristics.; e2inothing`iniproje`etions'for Iowa :City's''future 'to indicate ?i 3 -..-Circulation'' Circulation Cost Per Library }j descAled Item - .of the Iowa Civwublic w Capita Owned ' when by the number of ms 'circulated annually is similar to that of Sioux City, Waterloo, ar Rapids:` and` Davenport, yet Iowa City has roughly half the resources.: :following ;is based on. 1975 statistics. 12,376 Population Total. Staff Annual Total 0.99 1970 r::.Volumes.. in .'Budget .Circulation 0.68 19,120 Owned F.T.EI. ar. Rapids. 111,305 208,000 56 $719,912 602,000 enport 982469 239,700 42 586,600 618,000 uz City,;` 85,469 170,000 37 `' 560,300 458,000 erloo .; :.,75,533. 165,000 33, 499,900 503,300 A CITY 46,850 108,000 25 324,400 478,000 i:5;' e2inothing`iniproje`etions'for Iowa :City's''future 'to indicate ?i ,3.ts'unique,.s6cial:andleconomic-.characteristics' Will change, -..-Circulation'' Circulation Cost Per Workload }j Per *' 'Per Volume Item - Per Staff w Capita Owned ' Circulated.' Member* ar.rRapids. 5 4 2.9 $ 1.20 10,750 Y�( Bnport i 6 3 2.6. 0.95 14,750 uz'yCity 5.'4 2.7 1.22 12,376 a 2 arloo 6.6' -3.0 .:! 0.99 15;251 u L a -CITY' ` "10.2 4,4. :! 0.68 19,120 'compared to libraries.iq 44 urban .and suburban communities iughout,,the:United States (1975 figures)', Iowa City had twice ,per,capita 'circulation'(M 2- items vs..a 4.3 average for -the 5?1 Libraries) ICPL's workload per'staff.member* was also almost e;�as)h gh'as`the average for the :44 libraries (19,120 items ' kc+off;.;'memhcv(-dvc•..y.lfl:'099.:frw.,.. +}.n.:LLLL-.n+hcrnnmm.mi+i oc 1 _, i:5;' e2inothing`iniproje`etions'for Iowa :City's''future 'to indicate ?i ,3.ts'unique,.s6cial:andleconomic-.characteristics' Will change, tantially Nor!':is there anything `on:thehorizon'to.suggest, „:information eiichange: t4i11 ;not •be. a- major component of our }j .... re'. Demand for` library services in Iowa City can be expected einain� high r=, r:. • 7: Y�( `1977 August 1977, l a 2 f+++++}}}+++++++++}}+i +}}+ +}}+++++}.L}}+i-t+}+i +++i+i+�++ I }+++++++}i.+}}}}+++++ ICPL BUILDING PROGRAA PUBLIC INFORIA ON SHEET NO. 5 +}}+}+}++++}}i++++++i.+++++i+}+++}}++++++ih4++++i+i}+}+ii+i+++i-t+}+}}+++F+}++++ Planning for a New Facility: Progress to Date July, 1973 The need for additional library space surfaces publicly for the first time when the city issues its first five-year Capital Improve- ment Program. An addition to the present building is listed as a possible 1976 or 1977 project. February, 1974 Following much discussion library staff, library board members and the City Council all come to the general conclusion that there should not be another addition to the present building. Fred Wezeman, Director of the University of Iowa Library School and an experienced library building consultant, makes a strong state- ment to this effect before the City Council. April, 1974 Library Board President Robert Downer and Library Director Jack Hurkett meet with Robert H. Rohlf, Director of Hennepin County (MI) Library System and highly respected library building consul- tant. He is asked to submit a proposal to serve as a building consultant to ICPL. July, 1974 Iowa City issues a revised five-year Capital Improvement Plan which describes the library project "as a feasibility study and the design and construction of a new building facility to replace the current structure." Twenty-five thodsand dollars is scheduled for planning money for FY1977 and three million dollars in general obligation bonds are scheduled for FY1979 and FY1980 ($1,500,000 each year.) March, 1975 Robert Rohlf, library consultant is interviewed by the Library Board and a revised proposal is approved by the Library Board pending City Council approval of funds. ($14,000) Rohlf asks that his proposal be accepted only if a new building is planned. "Following several visits to your building... I feel it would be economically unfeasible if not irresponsible, to attempt another addition to your present building." June, 1975 The City Council approves the funds and the Library Board signs a contract,with Rohlf calling for him to work on two phases of his proposed consultive services during FY1975-76: 1) Prepare a written building program; 2) Conduct a site study and make recom- mendations to the Board on a location for a new library building. 0 -2- October, 1975 Rohlf and his staff conduct their first members and collect background data on its staff, collections B services. November, 1975 0 interviews with staff all aspects of the library, Long-range goals for library service to Iowa City are adopted by the Library Board following several staff/Board sessions on the future of library service in Iowa City. January, 1976 Rohlf submits a preliminary draft of a building program. February, 1976 A series of staff/Board task forces are organized to address issues related to the library's long-term goals and raised by the Consultant's preliminary program draft. March, 1976 The 'task force final reports deal with some of the specific space, staff and equipment needs in a new facility and are the basis for the final series of discussions with the consultant. At these discussions consensus is reached on many specific requirements for a new building. May, 1976 Rohlf and his staff begin their site study. They investigate several locations and hold discussions with local planners, traffic engineers, city administrative staff and elected officials. July, 1976 The final draft of the Recommended Building Program for the Iowa City Public Library is accepted by the Board. This written build- ing program, describing in detail the physical facilities needed to carry out the kind of program of library service planned for Iowa City, will be the document given to the architect for his use in working out a design and plans for an actual building. Rohlf submits his final site recommendations and they are accepted by the Library Board. The Board sends its site recommendations to the City Council along with copies of the written building program and the site study. 0 -3- October, 1976 • Robert Rohlf and Library Board make a presentation to the City Council in order to explain their recommendations and answer questions about the site study. Various locations discussed in the site study and the advantages of a site in the core CBD area are reviewed. February, 1977 The Library Board begins its search for an architect to design the proposed new library. The American Institute of Architects, Iowa Chapter, is requested to solicit letters of interest in the project from regional architectural firms. March, 1977 Letters sent to the 36 responding firms requesting them to respond to a detailed list of questions about their firm, their expertise, their current projects -and their architectural philosophy. Urban redevelopment consultant Donald Zuchelli discusses his ideas for downtown redevelopment and strongly urges the Council to set aside a parcel of land for a new library building. He stresses the ability of a new library to increase attractiveness of the redevelopment area. April; 1977 Twenty-three architectural firms submit resumes and they are read and rated by each individual Board member. May -June, 1977 The Board holds several work sessions to evaluate and discuss resumes. Inquiries are made with former clients. Interviews are held with the representatives of nine firms. Strong consideration is given to those firms which seem flexible and responsive in their relation- ship with their clients, are available for frequent consultation, use innovative and thoughtful designs, promise continuity thru their design architect, are cost-conscious and are concerned with energy management. June, 1977 City Council prepares its downtown re -development prospectus and decides to reserve Block 65, east of J. C. Penney's for the proposed new library building. The site includes 40 to 50 feet of the College Street right-of-way soon to be converted to a pedestrian mall. The site was ranked third of six by consultant Rohlf. It contains 35,000 square feet versus 21,000 at the present site. • -4 July, 1977 Following further discussions with clients and visits to build- ings of all firms, the Library Board selects the architectural firm of Hansen Lind Meyer, Inc. of Iowa City. Douglas Barker will be the project architect. August 1, 1977 *City of Iowa Cit# MEMORANDUM DATRI September 15, 1977 TO: City Council FWW: City Manager o -Employee Assistance Program Attached are materials for your consideration of the Employee Assistance Program. We have already had a 90 minute introductory session for fifty supervisors. As soon as the current Urban Renewal staff work is completed, 2 four hour training sessions will be scheduled. The attached information includes an explanation of the program and estimated costs. Also attached is a list of resource agencies and an example of the information to be distributed by letter to employees and their families. A policy statement adopting an Employee Assistance Program is included for your consideration. The staff recommends adoption. 7.2 •City o4 Iowa Cit? FLY, d =A LTJ 1 101 DATE April 22, 1977 TO: City Rinager / Department Ileads IROM: Human Relations Department RE: The Employee Assistance Program BACKGROIND* It is estimated that approximately 10% to 120 of the work force has serious personal problems. Approximately a half of these problems are related to alcohol and other chemicals. The other half are related to problems such as marital, physical, financial, psychological, legal, social, and vocational misplacements. the object of the Employee Assistance program is to confidentially assist people who need care and motivate them to accept it. In particular, it is designed to bridge the gap between the available care in the community and the people who need it as early as possible in the development of an individual's problem. Ilio program is designed not only to assist employees, but also the employee's families who request assistance in locating a community resource. The Program incorporates two types of referrals: Documented Referral: Employee referral for assist;uice when job performance is unsatisfactory or absenteeism is excessive. 2. Voluntary Referral: Employees or members of their families make use of the resources on a voluntary basis. Those individuals using the resources on a voluntary basis need not notify the City that they are using the resources provided through the Employees Assistance Program. The Personnel Department will also provide a list of available community resources upon an anonymous request. This program is designed to cope with a wide range of human problems at an earlier stage because the initial identification is of a broad category job performance. The supervisor provides the identification. 'Ilio attention is not focused on symptoms of the employee's problem Or any other disfunction, but on job performance and attendance. Using job performance and attendance as the standard by which employees are referred identifies all troubled employees regardless of the problem. Thins one avoids an icTentification process which singles out only alcoholics or only employees under emotional stress or only employees in need of legal assistance. This approach is designed to keep the program from being branded and stigmatizing employees who make use of .it. 'fhe effectiveness of this approach lies in two areas: (1) early identification and (2) the employer controls that which employees least want to loose: the paycheck. In the case of addicted persons, the money needed to keep drinking or using drugs. In our society, employment is almost synonymous 0 0 with self-respect. 11coplo with problems, like any one else, want to keep their jobs. 'lihc possibility of IMM119 :1 joh is a strong motivational force in getting troubled employees to the help available. 'Ihe National Institute on Alcohol Abuse and Alcoholism (NUM) advises that procrastination can reduce potential recovery rates from 80% dawn to 15$ or lower. 11ie NIAAA estimates show that over 50% of employees with job performance problems suffer from alcoholism. Not all problem drinkers have trouble on the job in the early stages of the illness, but, once again, many do. While the deteriorating work pattern has not been traditionally recognized, it is observable, unfortunately, usually in retrospect. Approximately 95% of the chemically dependent employee population are not recognized by labor and management. Only 5% arc so overt as to he apparent to virtually everyone. llhis hidden 95% generally go unidentified and untreated until they not only have trouble on the job, but very often have serious financial, medical, social, and legal problems. Nearly half the time, the basic problem is not alcoholism. A variety of other problems such as marital, physical, financial, psychological, legal social, vocational misplacement, and job boredom are often the cause of unacceptable job performance. More often than not a combination of these problems is present. Whether or not alcoholic abuse is involved, the employee is referred to what ever care or coiuIseling is appropriate and available. ELIMNI'S OF A VIABLE PROGRMI Ihe essential ingredients for a successful Employee Assistance Program are as follows: A supervisor who has definite work perConmmco standards: is capable of recognizing a job perfomunce problem; is able and willing to record unsatisfactory work performance and call it to the employee's attention. A labor representative, through philosphy and oriontation, is known to have the employees best interest foremost in mind. 3. A professionally competent diagonistic component to which troubled employees can be referred and which is capable of diagnosing a variety of problems as to cause, evaluating them, and referring the person to the proper care. A continuum of care capable of dealing with troubled persons of all descriptions, about half of whom would be alcohol abusers. S. System of records capable of measuring various definitions of success. '1111: CITY'S 134PLOYl9i ASSIS'T'ANCE PROGIWI 'The City will use the services of the Alcohol and Family Counseling Center, at 23 Gilbert Street, as its referral base for troubled employees. This agency is a member of the Mideastern Communities Counsel on Alcoholism. llhe Executive Director is Mr. David R. Henson. 'This agency will be 0 0 responsible for evaluating troubled employees. 'Ihoso enyaloyces with chemical dependency problems will be coumsaled by the staff of this agency. 11hosc employees with other problems will be referred to the appropriate agency for counseling. As described earlier, the Supervisor is an essential part of this program. 1"nc Supervisor is responsible for documenting poor job performance not the cause of poor job performance. 'Training for Supervisors on the City Staff will be provided by the Alcohol and Fmnily Counseling Center. An orientation session as to the responsibility of Supervisors will take place in May. 'Training on documenting job performance and how to confront an employee will be in September. The attached diagram is a flow chart of the process. 'Phe lium:m Relations Department will serve as a resource to both Supervisors and employees. Supervisors may wish to consult with llcpartment staff regarding the documentation of job perfonn<lnce or the need for referral. The program will not interfere with management rights as spelled out in the Personnel Rules and Regulations and the Union Contracts. Nor will it interfere with the Supervisors use of appropriate discipline. The program is designed with the philosphy of "Save the Employee". early identification of poor job performance and referral will hopefully eliminate the need for discipline at a later time. Confidentiality is of the upmost importance in a program of this nature. Therefore, no written records will be maintained in the employees personnel file. Also, the fewer numbers of individuals knowing of :in employee problem the better the chance of maintaining confidentiality. Supervisors may make a direct referral to the Alcohol and ramily Counseling Center without notifying the Human Relations Department. The City's policy on sick leave makes it possible for emp.loyces to be away from work without financial loss while receiving treatment for personnel problems as long as they have accrued sick leave. 'the employee will report the use of sick leave the same as he/she would for any other illness. Gnployces may volantarly make use of the referral service without notifying the supervisor or the Personnel Department. '!he Ikm,an Relations Department will maintain a list of available services for employees who come in to request referrals for such problems as marital, emotional, financial, legal, physical, etc. Cooperation from the three Unions for the success of this progr:um Will be essential. In many cases, a union stcaaard will be involved when the employee is confronted by the Supervisor concerning unsatisfactory job performance and a referral to the Alcohol and Family Counseling Center. A letter to employee families will be sent. 'Ihe letter will describe the Employee Assistance Program. The purpose of informing the familics is the recognition that personal problems effect the entire family. Also, members of the employee's family may use this service on a voluntary basis if they desire assistance in solving a family problem. Samples of the policy statement on limpleyee Assistance Program and a letter to employees families are attached. * James T. wrich, 'file hnploycc Assistance Program, Ilazelden Foundation, Center City, MI nnesota. Alcohol 0 0 IOAA CI'lY IWI.OY62' ASSI91'ANC7i PRCCAIAM FLOW CIIAWl' Ihiployee Population Troubled Dnployees and — a I — Families I Supervisor _ —Human Relations Department or Alcohol and I 1 ,,— — — Family Counseling — — . . Center (Evaluation of problan) 1 Assurance of Referral i Marital I I Legal I I Financial I I Medical The solid line is the preferred route in order for confidentiality to be maintained. — — The use of the human Relations Department to assist employee or supervisor. — • — Voluntary referral. Other 0 CITY OF CIVIC CENTER 410 E. WASHINGTON Si: 0 OWA CITY IOWA QW Y fOVVA 52240 (3191 354.18CO POLICY ON EMPLOYEE ASSISTANCE PROGRAM 'file "Employee Assistance Program" has evolved from management's awareness that job performance and employee well-being are closely related. It is a program whereby management can provide assistance in a strictly confidential manner to employees with debilitating social and health problems which are effecting the employees job performance. It is the City's policy to recognize alcoholism as an illness which can be successfully treated. The City further recognizes that other social health problems which affect an employee's performance, such as marital, financial and emotional, can successfully respond to treatment or counseling. The emphasis of the program is in the recognition, prevention, and treatment of these problems. No employee will have his or her job security or promotional opportunities jeopardized by referral or voluntary request for evaluation and treatment. Supervisors are not expected to make diagnosis or other professional judgments relating to alcohol or other social health problems. Their responsibility is to refer the employee to the Alcohol and Family Counseling Center, who will arrange for evaluation and/or treatment. The referral is to be based strictly on unsatisfactory job performance. It will be the responsibility of the employee to comply with the referrals for evaluation and to cooperate with the prescribed treat- ment as a condition of continued work. Mien an employee refuses the offer of help, or fails to respond to treatment, the employee's supervisor will handle the situation the same as any other probLem of deteriorating job performance. City employees Ind their families may make use of this program on a voluntary basis. A list of available community resources will be provided upon request from the Human Relations Department. -.; 0 0 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON S[ IOWA CIT`( IOWA 52240 (319) 354.180 Greetings, The purpose of this letter is to acquaint you with the City's "Employee Assistance Program." The program deals with a wide range of human problems, which, if unattended, often result in poor work performance. Since such a problem affects the entire family, we are notifying each employee and their families separately. Almost any human problem can be successfully treated if it is identified and referral is made to the appropriate care. This applies whether the problem is one of physical illness, mental or emotional illness, finances, marital stress, alcoholism, drug abuse, etc.. While the City is primarily concerned with job performance, experience shows the cause of the problem must be delt with first. Proper evaluation of such cause is best done by someone who is professionally trained and competent. We want you to know assistance is available to City employees and their families on a confidential and professional basis without jeopardizing one's job, future, or reputation. Call the Personnel Office to get further information. You need not identify yourself to receive information or a list of available resources. The purpose of this program is to help people with problems to get assistance they need at the earliest possible time to minimize any loss which might occur. We hope you will use this service if such a problem exists in your family. Sincerely, Neal G. Berlin City Manager *City of Iowa CI19 MEMORANDUM DAT11 April 8, 1977 T0: Candy Morgan, June Higdon, Neal Berlin FROM: Linda Ragland RE; Administrative Concerns with Employee Assistance Program (EAP) REFERRALS AND COST TO EMPLOYEE All referrals through the EPA will go through Allen Colston, Assistant Director of the Alcohol and Family Counseling Center. There is no fee for the treatment of chemically dependent employees and their families. Treatment for other problems will depend on the policy of the agency to which the employee is referred. Some of these agencies provide free counseling, others on a sliding scale. TRAINING SESSIONS An orientation session of about 1; hours took place in May. 51 supervisors attended. TRAINING The training is one 8 hour session at a fee of $17 per person for 10. The group size may range from 8-12 (which will effect cost.) All persons supervising 3 or more employees are to be included. In addition $5 is required for materials. Approximately 60 supervisors should attend. Duplication of training materials and postage for the letter to families will be an additional cost. Below is the total estimated cost. Training $1050 Postage 50 Printing Mat. 300 $1400 This is a sizable amount of money. No one department budget can absorb this expense. The cost may impose a constraint on the program. The potential benefit however, is great since the train- ing is in how to manage people as well as deal with the troubled employee. Affirmative action problems are also of a sensitive nature and supervisors will be assisted in learning to deal with these problems as well through this training. It is estimated that the average alcoholic costs its employer between $3,000- $3,500 total in absentism, safety, theft, productivity, and insurance. Saving one employee will cover the expense of the program. A total commitment from unions and department heads will be necessary for the program to be successful and attendance at training sessions will have to be mandatory. Of the City's Unions two support and one had reservations. EMPLO ASSISTANCE PROGRAM RES *E LIST 1. Alcoholism and Drugs: Alocholics Anonymous -351-9813 Alocholism and Family Counseling Center -351-4357 2. Child Care: Licensed child care centers are listed with Johnson County Social Services -351-0200 3. Elderly: Johnson County Social Services -351-0200 Johnson County Counsel on Aging -338-8018 Office of Retirement Education Opportunities-398-5535(Cedar Rapid) Area Agency on Aging -1-800-332-5996 Congregate Meals -338-9294 4. Family, Marital, Parent/Child, Divorce: Johnson Co. Social Services -351-0200 Luthern Social Service -351-4880 Community Mental Health -338-7884 Community Pastoral Counseling Service -337-2519 Your Own Pastor 5. Financial: Johnson Co. Social Services -351-0200 Local Banks Credit Bureau of Iowa City -351-6300 (establishing or checking credit) 6. Handicapped: Johnson Co. Social Services -351-0200 Iowa State Services for Crippled Children -353-4250 Systems Unlimited -338-9212 Association for Retarted Citizens -338-2997 Grant Wood Area Education Agency -351-2510 7. Home Maker Service: Johnson Co. Social Services -351-0200 8. Housing: 9. Legal: 10 Iowa City Housing Assistance Program -354-1800, ext. 302 Protective Association for Tenants -353-3013 Johnson Co. Bar Association Hawkeye Legal Aid -351-6570 Medical: Local Physician University of Iowa Hospitals and Clinics -356-1616 Mercy Hospital -356-1331 11. Mental Health: Community Mental Health -338-7884 Luthern Social Services -351-4880 University of Iowa Hospital and Clinics -356-1616 12. Transportation: SEATS -351-6078 Iowa City Transit System -351-6336 13. Rape: Rape Victim Advocacy Program -338-4800 Iowa City Police Department -354-1800 14. Vocational: Comprehensive Evaluation Rehabilitation Center -353-3510 Rehabilitation Education Services Branh-338-7831 CETA-Job Service of Iowa -354-2272 Kirkwood Learning Center -338-3658 Administration and Department Directors Neal Berlin Dennis Kraft Candy Morgan Lolly Eggers Dick Plastino Harvey Miller Professional Staff and Division Heads Bob Bowlin Rick Geshwiler Lyle Seydel Julie Vann Paul Glaves Finance Don Akin Nancy Heaton Kevin Keck Human Relations June Higdon Linda Ragland Librar Jeanette Carter •Hazel Westgate Parks and Recreation Billie Hauber Public Works Harry Boren Wally Carlson Cleo Kron Jake Roskup Don Stoddard Transit Arlo Fry Animal Control POLICE Lee Strand Stock Ruppert Evans Crowley Forte Teggatz Harney Harris Cook Susan McQuire Bob Howell Norman Miranda Gene Dietz Walt Everman Crew Chiefs Senior Bus Driver Bev Horton Fire L. Kinney Kloos Irving Parrott Captains (3) Lieutenants (7) Rosemary Vitosh Dennis Showalter Bob Keating Don Schmeiser Linda Schreiber Tom Struve Ron Prosser Bob Lee Jim Brachtel Chuck Schmadeke Chuck Lloyd Craig Minter Hugh Mose op , What Is illness rps,Ujj -ing in Uncontrolled drinking of alcoholic beverages,. wko c resulting,lin problems -Fka+ -affect �Zmily his 30b and nod be 7 "alcoholic" (,ayiJ vice versa). drunk may acf abnormally, bvf not 6e addicted NIC lO V ry CHANNING L. 1111 CO, INC. 0 1114 COITION IIOIOLU 1 .;; . Novi► I�MPOiZTANi' a problem is 2lcohol��m? ---------------------------------------- 40'6 about 9 MILVION AWAIMID CS t -one of; Americafs -hop {.eal+ln problems along w1+h cancer, keart disease and rrlen+al Mhees. D'FORI" 11401VIDUP4. IHIMSEW ruins his Iife. "(p� — alfects his health, - loses his self respect. /� I happiness, safety, 'lJ longevity. '© fAF41Wl S 5 F1rIFA MOST 19 out of 20 alcoholics are ( — average alcoholic has 4 intelligent men and women others in family. between 30 in 55 loss of income and respect knot "Skid Row" types.. _,,rj 'I i' leads to DIVORCE, DELIN• -- - OU E NCY, CR IM E, SU I CID E. © fob: tr+EEcoNoMY--$25 &If,bjoN IvREuN $9 billion in lost n i7 $8 billion in health, medical ` productivity for �? and welfare services for business, Industry, (,d alcoholics and their families. civilian government III $8 billion in property and military. damages and other over. head costs. 3 In Ae. U.S. abouf 7 ou+ of to adul�5 " drink alcokolic beverages. " 17 Of +hese, abou}- 1 OUT , OF 11 15 AN "ALCOHoLIe!/ �.r ---------------------------------------- 40'6 about 9 MILVION AWAIMID CS t -one of; Americafs -hop {.eal+ln problems along w1+h cancer, keart disease and rrlen+al Mhees. D'FORI" 11401VIDUP4. IHIMSEW ruins his Iife. "(p� — alfects his health, - loses his self respect. /� I happiness, safety, 'lJ longevity. '© fAF41Wl S 5 F1rIFA MOST 19 out of 20 alcoholics are ( — average alcoholic has 4 intelligent men and women others in family. between 30 in 55 loss of income and respect knot "Skid Row" types.. _,,rj 'I i' leads to DIVORCE, DELIN• -- - OU E NCY, CR IM E, SU I CID E. © fob: tr+EEcoNoMY--$25 &If,bjoN IvREuN $9 billion in lost n i7 $8 billion in health, medical ` productivity for �? and welfare services for business, Industry, (,d alcoholics and their families. civilian government III $8 billion in property and military. damages and other over. head costs. 3 N ALCOHOL "W0 5"-- A4 1Y2 oz.1©BR IN WITH THESE cock+a l I n 1;' I EFFECTS :1 hay �' 1 est 5TA6E affects 150 calories 1 RESTRAINT and y,e 4v% JUDGMENT `GOES INTO 2nd 5TA6E affects PERFORMANCE � 5�V ►1bn - -- slurred speech t El M Np7ElY dulled thinkin exe No (000 vALuE i r' 7 VIP LUNG$ loss of mernory �t (no min8r2le, , ' -> and 3rd 6TA6E rolrein,Sor "Q ' t' r, � , KIDNEYS STUPOR Vii'amih5.�, and COMA n � Now F.FFEtTs "WEAR OFF" ZATE is 6y "oYida�ion via bloo8rtreamff ffedted by rate u� :%ERCISE� , O 1/. OUNCE PER HOUR I.ACIK COFFEE,Inovrs Le., 2 9r hl2rhini5 17 _ 1� 5y5tem :0 C "'t 0'A5 'OF r. VERAGES PART Q ON SoCIAL r,lwine dis S& = a CIET mSomecountrtes 000A510Iay d sp(rits)`con'� roK ing ETHYL' c tLCOHOL'�, e been:USE D `' I '• "BEER and WINE In many countries ABUSED `t, Ru'ghut contain some ,food used for hospitality history " value •- but not to enliven party. ' r distilled drinks. "loosen up" guests. 7. L0MG-1fGM EFFECTS of A&COMO! .L: Alcohol has no nutrients. PIUMT1011 System must get rid of alcohol before food. Lack of food weakens system. 1"%� NERVES OAMA" HEART --urifor}unately ��M/.00 • —KIpHEYS �r \ LIVER prolonged drinking plus malnutrition can damage L STofaACH liver (cirrhosis), enlarge and weaken heart, etc. and ADDICTION Sometimes used to sometimes called "the shakes" (PSUF UTA ease minor aches " with hallucinations, result of nerve damage due to prolonged tine is'used'. .and pains; to relax drinking and malnutrition.. 16' re are E%CEP"O" `- veins and arteries. - 50114E People AFT SICK (nausea, vomiting) because when they drink 'a valve closes between stomach and intestines so alcohol "''stays unabsorbed. (Such people .'rarely become alcoholics.) SOME PEOPLE STAY 508ER even after drinking a lot. Why? Nobody knows. It may be their enzyme system, or ability to metabolize alcohol. These people are rare, however. EL�W D�tS Q fN MEDICINE --urifor}unately .MoN�ES THE ABUSE of ALCOHOL and ADDICTION Sometimes used to to it has also untrles and ease minor aches " been problem tine is'used'. .and pains; to relax throughout history. ritual. nerves and widen `- veins and arteries. - 5 hid r' What I NO ONE CAUSE. !us No conclusive evidence 1. I of causes, bui--- pitoHousM Generally, people use >? alcohol in an a+fempl- -to escape Some}(1ing� Suck as-- To' ftE�IEVE'6N51ONs in meeting ENVIMAMFOrA1, problems-- :' - LONEUNE55 a CaRgWIMG UP goggoom daft0G OLO EFFECTS OF DISEASE. i SOGAI. i "iLy oF=MAwTAL i SuRRouNDINGS OIFFiWLT1E5 family d -friends /� JOB PROBLEM ' reighbor5:--in52CWri+y t -_ buSing55 --d�5agreerneni- I associates Alcohol.becovnes a means of ESCAPE -From such problems- Alcoholism i5 noi- inhp.ri+pd, al+hougY ' zmlly 6if5'May.i4luence a+i'i+ude -toward drinking. Children may imitate parents. And-6arnily environmekit- can crea+e+erasions ikat lead+o drinking. f b; �711"91&06 1 SII 'and,MA ��wn -for.. OMA1RR� Alcohol vnay cover up (ab*+y io nope a Sense of in5ecurlt-y and 'r wlth environmert) guilt. Alcohol i5 used -6 -for strong personal relationships and challenging work. ©SELF-EX�RE5510N and `" �ACN�EVENIENT' yensii-ive., intelligent people often 4ind -f{ eir roles unreward- �,' ing oncl feel i'hemmed in." ©, WUP4W.VF, Some use -alcohol as a a cure for FEARS— 6 oo 0 riakes shy people feel ,-°.:� I �o�p [[Self-confidenf.0 Alcohol is only a temporary help ... often makes situations worse — adds a sense of guilt which leads to more drinkine. A person has ALCOHOLISM when he continues to drink in spite of painful and injurious results. Fl Wt+at are *c WYMPT084 !jorne people can drink neavily for long Periods -- but can Stop. Others lose con+rol over +heir drinking af+er°one drink. Some People develop a tolerance -For ,alcohol go they have to drink more to get same effeck.-- eve4ually canes for fear of pain of wi+hdrawal. Most people can use alcohol socially yd4o• ut becoming addicted. EACH ALCOHOLIC HAS A ,DIFFERfcN7 DRINKING 11MIM. [J .BUT THE ONE THING EACH HA -4114 i COMMON 15. AN UNCONTROLLABLE HABIT r k I C S* MPTOAAS f r ;; Makes VOM15e_5 to qui{ -- i and breaks+kem. r +hi5 Stage, MOYe fr uent drinking— }z' i+1s, H2id +o tell' , to relieve tensions. — © Increased tolerance-- 4 .a Heap Social rr drinker from apparently unaf¢eated by a� early s4aae larger amounts. alcoholic. O Cnanges in personality- i more irritable more forgetful --mental blackoul-s a �Y.pt- if ALCOHOLISWe I Lp Tries to pLny or conceal drinking. 9rinke, in mornino, 2nd 2lone. 0 A cycle -develops -- 4 Jr -ink 1 guilt ji, r 0, LONELINIG55 isoi, and family --.distrusts and a,��., feeling: ee who want to help — guilty feeling. a-mles 16 OP-mv. -- never s I eems to 4 eat ­ nerves-- may take vitamins and tranquili- li;fje-F-cyll zers -- but this doesn't help. POWOU,4 POLSOPAL41Y CHANGES .• tense, unco4rohj irritable. liquor comes before job or family. Horne and Q_.1 146AL114 --tremors (shakes), hallucina- f;rgincial tions, weakness from malnutrition 9*141WIflo" ROM "ITOM! ruin clow amt:y C1401CF- ivivs1ijis or 5+2r{• to death J recovery FA ej I QTries to deny or conceal drinking. " ©Drinks in mornin and alone. 5s of drinking more noticeable, especially -.*work. '© iiardertoge+feelinq good, A `y`le regardless of quantity. develops-- drink,gVol t, © prinkin becomes a daily isolation, di5 - rtece55g ;".qSY: : CouYagCmen� drink, O LONELINESS -- isolated from friends �i .'and family.- distrusts and avoids people who want to help -- guilty feeling. uQ.:. LNES: ORINK -- never seems to eat -r nerves -- may take vitamins and tranquili- } zers •• but this doesn't help. r� 4j PEM150NALI1 aJ C"AIJ666 — tense, ©.. �+,r.....;' Irritable; liquor comes before lob or family. �; HI9AUM -- tremors (shakes), hallucina- 1' ' dons, weakness from malnutrition. ' h,+. ROCK BortOM. r ONCJ ruin glow invalid i5m0Y �5}art CHOICE to death J recovery :;7. - `A65enteeism" It 055 of Efficiency's "Obvious Uncontrolled DrInkin911 it Home and financial 014icultie5" I ,. NAT Theemly"care°for Can an 21rOkO1ism i5 abs+inence. (Afi&NomC We, rnof• s case of just - ,G "will power.' The addict- can'i- �� control his drinking. To achieve abstinence rAea„s a combina}ion OF P.N1fSICAL and MENTAI. '�EATN�IEIrOT� -to Help ALCOHOLICS WANT -b recover " Ike best chance -For recovery is to start krea+men+-early in an environment of 5oci21 le --family ties "+^ -lon resistance. alcokoli5m is now cons!dered a medical problem, fileAmerican Medical Association urges all iCto Ia6k accept alco�tolic patients. 'ITAMINS to offset poor diet. 16 MICAL'"FENCES" -- "Antabuse" prevents drinking :because intake with alcohol causes nausea, dizziness, ?palpitations. Prescription only. Dangerous when taken with alcohol: UNDER DOCTOR'S CARE certain drugs can control discomfort 'd withdrawal and nervousness. They must be used with great ,care because of the danger of transferring addiction. � 1TMF•N�`j--%elpin9 alcokolics adjust' io realii-y and face life w4ovf an alcoviolic crutch. 'VIA - can 0 PSYMATILIG W46e. -F6lelpf�eo eaf, ed I pt.wHoLIC '�witH fallow*. iv¢a+,„r„ts. iFfERENT COYN5ELLING helpful at 'f;r-* there mots ® INsflluteOtJA but no cure -•a ther emotional }em orar 5e arafion ms, length of CONFINBA4IoPIf from alcohol ion, family atti- and, most of Q%AXAMOLICCLINICS.-of faring medical and does he want. psydtiatr!c treatment on an ovt-patient basis. ro'get well! 0690uP WjFtAPY--Working wi+H others to a common purpose --to Stay Sober. 1 BEST EytpMPLE �-� -founded in)g3q by -two recovered alcoholics vuko'found they could -.hip thevnselves,by I for AA meeting place -- see phone'book ,docbrr minigter5�or soci21, y service agency. '(hellWir7 a world-wide self -kelp organization vvitk only one qualification -For membership-- kto Want to Sfop dr,nkin /I (it has no religious, temperance, or other affiliation -- and no dues) P\ �I A per5on "Joins" (�� �R by 2++ending a 00 meeting. PPA*PAa4 -- to recognize the only "cure" is abstinence, permanently -- via 0 COMMITMENT -- person must want to recover. recognize pro- . - blem is too much to handle alone -- he needs help. © 24-HOUR PLAN - get through today without a drink. 12 STOPS for personal re- covery and "12 TRADITIONS" of AA operations. i M 9on't a55ume that Once an alcoholic i5 Committed to recovery he won't have a relapse. (sometimes a relapse i5 'needed to convince alcoholic " 'he really can't drink a� `t kind of alcoholic beverage ins a Ike lour 2n al cokol iG stays dam, nF -t�a better his chance -for recovery. _J WVIPONMEW I5 IMPORTANT-- Of course, in the early stages of recovery J— i or even afterward, a recovered alcoholic rA 7 r7c_ c Lr) will not needlessly expose himself to ri 1,drinking situations. He may need to de- velop new interests, friends and associations. Wkst about RELAVCES► LIQUORS r °6ornetimes a FELAPSE is caused yY especting -too much of oneself• 'rry to avoid Puttir+g oneself on 4e ',;spots b* do nrt ignore Problem 9 SO�/7�WHAT? V 5600. . Q RECOGN�tE and uNOERSTAN>D w,haf alcoholism is - an illness of uncontrollable drinking +hat is ruining NINE million lives and families. © TRy TO NESP alcoholic face fac+s early and gel help, buf `don'i- accuse or criticize or ` -fry,+o.FORCE -- he may need a personal crisis or shock Fogel' him +o wan+help. ;s ®,KNOW WNERE'ii0 Go FOR HELP-- " 9 doc+or, A.A.,, etc. 8E PATIENT-- and Help alcoholic realize his poen+lalities in Fife. art ' REMEMBEt�-- +" --hundredsOF 40LAsands of aleokolics haverecovered 2nd stayed sober 4e rest- c f 46r lives! w Doesa person-- need a drink tke``morning after?" Z like +0 drink Slone ? -.3 lose time from work due to drinking? .4 need'a dank ata definite+ime daily? r have a lose of memory while or of+er drinking ? 6 Find kimselF (oroflners) harder to get along with? 7 {ind his efficiency 2nd ambition decreasing g drink to relieve shyness,-fear, inadequacy. 9 �ih his drinking i5 harming or .Worryin9.his{amily? 10 -Find kim5elf more moody, jeal ovs, or trr,table after drinking? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IF-- +be,answers -are "YE5/11,eprobably Ov tring -from "Pu'ANOUSM." If I+e. regio MU.4 be can arresh N: 'TUS is one condi+ion where i%e recovery is aIrAoyh entirely up±io 4e- irdividvai. P r; CWEMuCpLt.Y I. 1j'5 ea. WS ort or e+6yl alcohol (a colorless liquid II pli+h a 54serP,burni05+2--'e). tv, � �r^ l+'S a oEFPi.55PNf. / a ,. ' Opu6,ihah sows �Ihe / ae+rvNy,of File Win and spiral cord. asr 10F, {lHOluCA�11Ca IPS% V�f.Nt .a Ipl �lyl`,OMOWG g�a/�AGfYEr gem and PF.E WINE NPPD u4uoP- IchampaBne, sherry, etc.l (whiskey, Bin• vodka, rum, etc.) Mede by controlled - Made by fermentation fermentation of of erapel ar other lruli. Mede by distillation ',Iii✓ cereal Brains plus _Regular wine contain of a fermented brew +n, . "malt:. UW maybe 11-14°/a ALCoNoI. tmede from Brain, ;I added for distinctive s such m fruit or molassasl. floor. Contain. (Desser laln9f, Contains 4o•5o'Yu 1 NpV port and sherry, contain Pl.loNGl. }r 7? 3.6%AL1A 17,Pi%alcohol.) F n Ia(I.iooproof). i to OO � -. e. i , 1 1 Y$C,,To0NYNIC a00RLITq CNYNNINO L. 1171 Co.,IN, IIUCII IN , 01111 InL 101t1°N r W 4r Because people, 4rovg6out Hig}ory %ave used AI,CoNowC BEvEaPOES... WITH ME.AlS 61KM � -such as WINE to add —such as MIXED flavor to various foods. DRINKS to help relax guests and encourage r conviviality. TO ect.aep-Mf. ' op CSS4 kAt. OGGPSsoMs at weddings, births, — such as the crowning anniversaries, other of a king or signing of occaslons. a peace treaty. .. I C i } AOP ASF, like any drug Aat Wec+s tine rnind� ALCoHoI, Hay the Pote„+;al -to be abused. tN it "OlOu5 tERiMOVI S — wine sometimes is used as pert of the sacred ritual. wwo9F5 — used occasionally as a mild sedative, or to widen veins and arteries. If 15 Tc Mos+ . t a_bu. nd drag in ire u.5. +Qday � � r ;:1 3 does alcohol ® Mein effect �� Is on the BRAIN. qr t`_7ti.•` Alcohol "knocks f_., ,'y / out" control / centers, n, oneone by ll� / one, resulting in Rapidly enters INTOXICATION, I bloodstream f1 (no digestionneeded) f and circulator to all {� The body BURNS Is ofthe alcohol at the rate of ' with In few minutes. about '% oz, per hour, AMotption Is slowed (90% broken down by by food in the stomach. LIVER, 10% eliminated 1 ^ I vie LUNGS and KIDNEYS,) �7V�o...+lne average 15016. ,per Person covld DonSume one*drink in Iy2 hours Wil{+ no a=urrul2#ion of alcokol in tine blood. ... drinking faster +l+2n �+i5 (or" Ulpingn drinks) would result in 1 i oN� MEANS: oP- oR OF 1N, OR -T- 1per 5oz, 3307..�o . one 6eer bregs ular herry W{,;Sisky ti;gtiball Wine or Por{' 0' W;vw— coaled o 9 .Emotional, Staggering, / _ .erratic behavior. disoriented. Moody •• I\ Thinking is exaggerated fear, Impaired, reactions 1 anger, etc slowed. Poor , \ Slurred sp.eech, . judgment, loss of J "double vision." 1 �� t control over actions. a� J In 7 51uPoR Ina Caw► Unable to stand Completely ` or walk ... unconscious ... \rte 5 approaching few or no paralysis. Barely s reflexes. conscious ••apathetic May end In and Inert. DEATH from 'Vomiting, Incontinence. respiratory �l paralysis. 4 Y Nota LOOG ((a l%bout IY1 Hours for ewk 'fb Soetx V \\ // drink co-sumed. -`f /$�c}�•famous°R6MevtfSrrasNaek J t cowee, cold sholoers,-trey air,,. have no effec+ on blood alcAol eon}onf•. 5 � 19t "NAPPY/� ' Talkative, sociable, t ' relaxed. Fewer inhibitions and v � n�J worries. Some loss of judgment and efficiency. C V 9 .Emotional, Staggering, / _ .erratic behavior. disoriented. Moody •• I\ Thinking is exaggerated fear, Impaired, reactions 1 anger, etc slowed. Poor , \ Slurred sp.eech, . judgment, loss of J "double vision." 1 �� t control over actions. a� J In 7 51uPoR Ina Caw► Unable to stand Completely ` or walk ... unconscious ... \rte 5 approaching few or no paralysis. Barely s reflexes. conscious ••apathetic May end In and Inert. DEATH from 'Vomiting, Incontinence. respiratory �l paralysis. 4 Y Nota LOOG ((a l%bout IY1 Hours for ewk 'fb Soetx V \\ // drink co-sumed. -`f /$�c}�•famous°R6MevtfSrrasNaek J t cowee, cold sholoers,-trey air,,. have no effec+ on blood alcAol eon}onf•. 5 Wgil". n HY do people, JOAL ------------ .. ... ........ .. .. ... .. . 0 iro nenjoyment �,vl ... to enhance of People, activities, occasions such 11 f- V� n n S'Oelkt. MljlupjC, where alcohol is used to promote social ease -- ICI t to relax inhibitions and help people and relate more freely at parties football talk and get-togethers, ... peop le Ill,& -to drink rof" Oil 00110 16 to -complement eh as P1.11c, beech Party, food and add 10 football enjoyment. ame, ate. g -To with friend, or family altar a busy day on the job. • ALCOHOL. can 6e olheractivik! vO WrmlW 9-j drinklong with or using alcohol for its own sakel. emep Q drink with othersidrinking alone load to problems). IF It 16 used can voL by drinking 'v _ intoxicationd %;' in the stomach, res"jLbi[y 2�j on cry+; on. R spy J,;� _d _h, with tg., by paying careful attention endfn C-0 to thalr reactions. mind --block oul^ unwanted t%ougM'y a"d-Feelin95 ..asa .. as an t 0 SUBSTITUTE ESCAPE from for close problems with relationships, . family, job, etc.- ? challenging work. .. as a "cure" for FEARS when person may courage and .. self-confidence drink alone, are lacking. r drink 'I'D yet . to BLOCK OUT drunk, use alf:oW painful feelings CCKay sm"iorieJr of loneliness, r� Inadequacy, for kroubles. self-doubt. `�--drinking never .solves ;; : t � l an m of+en makes ma+Fers wo►SC. A sense a quLl developer whlck can lead to more, drinking and eventually to dependence on alcohol and ALcol4owsm. 7 Ws irresponsible drinking barmy or er+danciers 4e, or otl' people,... t MPV4� oR E%AMPLE: + ' Even s amounts of alcohol can gy� ��� reduce coordination, slow reflexes, lead to overconfidence (taking 'rales such as driving too fast, passing at the wrong time, etc.) i5 an'erkremely i danyexoo5-Form`oF \ t, aloolnol a6t,5eDo ( oI a isaor in Yz of all 6tg6way f9fa1WP.& AC61 peerts Loseof �\ K l coordination end ludgment (^�� makes drinkers at home, on at home, on tha _fes lob or anywhere. Poue.6 TPOVE C Arrests for "� drunkenness or ( (1 creating a \`,.'���'"'� disturbance aro not only embarrassing G but can mean a yt damaging arrest record. I due to overdrinking, "barroom brawla,_ with family-� ' end friends..:. anfigh rims ending In dealtsomati In death: WSgNG WOµR MP 1 "Monday morning" � absences duo to �'�✓r hangovers, or coming r to work Intoaicatad, may COS a parson his lob. AC61 peerts Loseof �\ K l coordination end ludgment (^�� makes drinkers at home, on at home, on tha _fes lob or anywhere. Poue.6 TPOVE C Arrests for "� drunkenness or ( (1 creating a \`,.'���'"'� disturbance aro not only embarrassing G but can mean a yt damaging arrest record. I I _ I loday, in Ae, u.5., -here are 95 F4lL JOPJ OF40KEAS and C) FAILL1012 MLS eopAwte ABUSaks of alcohol (many more- are- OCC25�onal � abuse.5 ) Pws , ,,Ake hidden cos+ of N .8nti � broken {2mihee,, poor O� Course Fi+Cre'S -"'. bwalth, mental anguish. / �AQ,C06AOO.Ic✓WI i J i q j j e AM- I in 11 drinkers 6ewn-49 on (ncoHoi.. Appicr) wko. kaS. lo-eyt control over 6i5 or Her drinkino, resulting in per6ors, -al. job -and -Family pro6lems. SiMPIOM err cannot -gi gembe the next day, things he did or said while drinking. t�, Tries to any problem vdth "Ossilous pLpMip fp Pta.cop"Ooff Continues to drink despl to painful and Injurious results. J I 11 HEAVY �►SdC�A4 D6�aI1�E6L° oR At.coe+olu�� Ca Sometimes it's hard to tell but the social drinker can stop if he wants. *The alcoholic cannot stop :because he's addicted ... he needsalcohol to "cope" with life. WNM OPASS" py.CoNouyMy 1.r., P No one cause ... usually starts when a person drinks > to escape or to attempt to J'''" solve problems. z AaF.NfT KosY A"0140! 6 ttyKto ixow° TYpfb? G, `. " NO 1 95% are educated, responsible citizens and 1/2 are employed full time. Most are trying desperately to conceal their illness and keep up good "front." Alcoholism strikes men and women of any age... even teenagers. WHAT Gtr " AIt.WO011 IPO? O FACE Ti+E IAUTH that alcohol is ruining his life and that he cannot control his drinking. Q tor%f'f0 Srop op itit'so for good. Total abstinence is the surest way ... an alcoholic can't stop after "just one drink." Q GET 14"P Doctors, social workers, "Alcoholics Anonymous" groups can provide the moral support needed to get well. 1t43 "V TO -00ro t TP .Owm.e!{I°'P Can `''" alcohol Wee+ yovir sill Y66. A1+6vgk modera+e drinking causes no 4iLr9gt {term, con+invbd keavy drinking over 'd Period of years can resuli- in permanen+ damage,. 5urh U... BPA10 DAMAGE resulting In permanent psychosis CANCEP- of the mouth, esophagus or stomach, due to Irritating effect of strong liquor NEAPS 0156 r - enlarged heart, congestive heart failure Lrufp. DAMAGE - cirrhosis - scarring the liver - often ftMI - alcoholic hepatitis - cancer of the liver ULCER& and OASYWtIS due to Irritation of stomach lining possible damage to ADPENAI- and PIyurmwy GLANDS (glands which help supply energy to the body) Prolonged, excessive drinking can 6k0r+en life -span 6y )o -1z years... and poor 6"JA limi}5 ae+;vi+ies, makes life lass enjoya6le,. r Mwu+ur�r�oN - _ - 1 oz. alcohol has 200 calories - equals 4 tablespoons of sugar - but -_ NO FOOD VALUE Ino minerals, proteins or vitamins) When alcohol is substituted for food, the body Is deprive - ` of essential nutrients. Alcohol also Interferes with digestion of food that Beaten. ItCTrSfr (DELtWuM ' ?PEIAENS)... the "shakes," with hallucinations-resulto withdrawal from alcohol JAN Y66. A1+6vgk modera+e drinking causes no 4iLr9gt {term, con+invbd keavy drinking over 'd Period of years can resuli- in permanen+ damage,. 5urh U... BPA10 DAMAGE resulting In permanent psychosis CANCEP- of the mouth, esophagus or stomach, due to Irritating effect of strong liquor NEAPS 0156 r - enlarged heart, congestive heart failure Lrufp. DAMAGE - cirrhosis - scarring the liver - often ftMI - alcoholic hepatitis - cancer of the liver ULCER& and OASYWtIS due to Irritation of stomach lining possible damage to ADPENAI- and PIyurmwy GLANDS (glands which help supply energy to the body) Prolonged, excessive drinking can 6k0r+en life -span 6y )o -1z years... and poor 6"JA limi}5 ae+;vi+ies, makes life lass enjoya6le,. r OQ� If asCoisol Is It's not alcohol itself, but the ABUSE - GAt�GEFAtRS� of it which is dangerous. Most drinkers are ...is 5nr>h i� able to use alcohol moderately, safely and W Y i enjoyably. So rather than outlaw alcohol, (1 iGi.EC�IA{•� we must find ways to prevent its abuse. 15 aleol,ol � snore d3nserou5 for IS 46-ra 2.,/ ',' iw#¢►atsfion be+wezn sleobol and DP JW On 91'r5 a t,f � YES. Because their behavior is less established, young people are more apt to lose control after drinking, especially with regard to driving cars and sexual behavior. That's why alcohol is [lienal for people "under age." YES -- depressant drugs (such as barbiturates and tranquilizers) and alcohol multiply the effect of each other. Taking depressant drugs when drinking can be extremely dangerous -- sometimes results ineach. It's the body's reaction to drinking irresponsibly ... too much or too fast. Hangover misery can be avoided by sipping slowly and taking care to avoid intoxication. If taLequent, brief periods of intoxication should not directly harm health, but ... the risk of ACCIDENTS cannot be ignored. And, intoxication may lead a person to do or say things he later LegMti. 13 ®/OiF 1HE. u5. ADULT POPul.AT1100 WHY? People o6ovin -for many res sons: Q Aov �i�IeCT�oN +3"S or weet It's good Some people become reason. People who tense, depressed r� and anxious altar Some �A , drinking. (Y` become hostile end V belligerent. These t _t people are usually r better oil without f1 alcohol. ffii Q NEAf.TM FiA5oM5 Alcohol is fattening and it contributes Cy nothing to health. ( �� AND... peoplewlth ploers and certain 4, other condi ons must avoid alcohol. alaol.ol as a eC We a Many people prefer to be their natural selves... dislike hiving their mind and body Influenced by a drug. 0 Jus+ 0060T 11,4194 its +3"S or weet It's good reason. People who decide alcohol is "not for them" j should stand by (y their decision even : , I/' II most of their r friends do drink. 9nd of wurbe, recovered AI.CoNow" 96s+airt WNATEVEfttle reason NpytS should provde non-drinkers sl+ould never be "on -aloo6oli r_6era8es pressured into drinking... {or {Hose W6 dont+' 46ls Would 6e unfair and r drink alcoW. inconsidera+e. i �� R£5poN5�BLE UNCoN'rRo��ED } US& of alcol of U$E can lead +o Ar can Contribute +o -social and personal f� enjoyment and ruin, accidents, illness f ': goctabili+y. --even leak 0.LR f +r �` o-n1F� (or is +thinking abov} it� �. ylHouw KNouo �M17 .Alcohol is a drug that acts on the brain. It's �@?b' potentially addicting — both physically and mentally. a }%. ✓ Accidents, especially automobile accidents, are a great danger when alcohol is used irresponsibly. M yf Everyone has a reason for drinking •• some "good," some "bad." What's YOUR reason? '''' Every drinkCr i ...or more. biro-ld ask rjr 6 tl ae �3 isirhellf; Is aleolwl �Jo r _good? ` int long me more i� -l.•` ! .. and if you choose d#a, geod.tiran{+'z / �� no+todrnk--'/ourve u // l� ? v opo+ plen+� of company/ 15 0 0 HAYEK, HAYEK a HAYEK WILL J. HAYEK ATTORNEYS AT LAW AREA CODE 319 JOHN W. HAYEK 110 EAST WASHINGTON STREET 337-9606 C. PETER HAYEK IOWA CITY. IOWA 52240 C. JOSEPH HOLLAND September 9, 1977 SEP 161977 Mr. Max Selzer STOLF.US, Selzer Construction Company, Inc. ABBIE 1223 Highland Court CITY CLERK r Iowa City, Iowa 52240 Re: City Attorney Opinion Concerning Conflict of Interest Dear Max: You have asked for an opinion from me concerning the question of whether or not you will be able to continue to serve on the Iowa City Council and in addition, through your construction company, contract with private redevelopers in connection with the Iowa R-14 Urban Renewal Project to perform construction work. For the reasons discussed below I believe that under those circumstances you would possess conflicting interests of the sort prohibited by law. In giving this opinion I am assuming that any contracting work in connection with urban renewal in Iowa City would be done by the Selzer Construction Company. In addition it is my understanding that your stock ownership interest in Selzer Construction Company exceeds 579 of the outstanding stock of the corporation and that you are an employee of the corporation. In addition, before discussing the merits of the issue I want to indicate the basic philosophy with which I approach this question. In September of 1967, exactly ten years ago, the Johnson County District Court enjoined several members of the Iowa City City Council from participating in any manner in any action concerning urban renewal in Iowa City. Later, following further litigation the Iowa Supreme Court held that certain actions of the Iowa City Council in the spring and summer of 1967 implementing the Iowa R-14 Urban Renewal Project were void. See Wilson v. Iowa Com, 165 N. W. 2d 813 (Iowa, 1969). That litigation did not terminate until March 11, 1969, when the final ruling of the Iowa Supreme Court was rendered. Thereafter Iowa City resumed implemen- tation of the project in the summer of 1970. Hence there was a three- year delay in implementing the Iowa City project due to the conflict of interest problems of members of the Iowa City Council and the resulting litigation. The Iowa City urban renewal project has suffered other delays 37271 0 0 Mr. Max Selzer - 2 - September 9, 1977 from controversy and litigation involving aspects of the project. In light of this history I believe that we are compelled to view any question which might result in other lawsuits or further delays very carefully and resolve any doubt in such a way as to minimize the potential for further delay in implementing this project. There are two statutes which directly bear upon the matter. Section 403. 16 of the 1977 Code of Iowa states in pertinent part as follows: No public official... of the municipality... shall voluntarily acquire any personal interest, as hereinafter defined, whether direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality, or in any contract or proposed contract in connection with such urban renewal project. Section 362. 5 of the 1977 Code of Iowa provides in pertinent part as follows: A city officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to be furnished or performed for his city. A contract entered into in violation of this section is void. In addition to these two statutes there is language in the City's contract with the United States Department of Housing and Urban Develop- ment in connection with the Community Development Block Grant Program which I believe is applicable. By way of background, on June 16, 1976, the City applied for Community Development Block Grant Program funds under the Housing and Community Development Act of 1974. On July 26, 1976, the grant for this program to the City was made by the Department of Housing and Urban Development, said grant being conditioned upon the City accepting the terms of a certain grant agreement. The City accepted the terms of the grant agreement on August 3, 1976. The acceptance was signed by Mr. Berlin on that date. Section 11 of the grant agreement provides as follows: 11. Interest of Members, Officers, or Employees of Grantee, Members of Local i 0 0 Mr. Max Selzer - 3 - September 9, 1977 Governing Body, or Other Public Officials: No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any con- tract or subcontract, or the proceeds thereof, for work to be performed in connection with the pro- gram assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. Assistant City Attorney Bob Bowlin has prepared a lengthy research memorandum on the conflict of interest matter. A copy of that memorandum is attached. The memorandum discusses this whole issue in great depth and in it Bob reviews several of the court decisions in various states interpreting the conflict of interest provisions of the law. I believe that that discussion and the authorities cited by Mr. Bowlin in his memorandum are very helpful in approaching this problem. In my opinion the provisions of Section 403. 16 of the Code of Iowa along with the provisions of the grant agreement cited above prohibit you and Selzer Construction Company from contracting with a redeveloper in connection with this project. In reaching that conclusion we must first define an "urban renewal project." "Urban renewal project" is defined in 403. 17 of the Code. Redevelopment activities are, it seems to me, an important part of the Iowa R-14 Project. In recognition of this the urban renewal plan does not simply contemplate disposition of urban renewal land to private redevelopment free of any control or further interest by the city but rather contemplates carefully controlled con- struction and redevelopment in accordance with the plan and in accordance with a detailed and explicit redevelopment contract between the city and the redeveloper. The proposed redevelopment contract contained in the invitation for bids presently outstanding contains numerous requirements and specifications with respect to when construction is to begin and end, the design and nature of the improvements to be constructed, quality of construction, and contains prohibitions upon further sale of the property until the improvements have been completed, 0 9 Mr. Max Selzer - 4 - September 9, 1977 It therefore seems to me that redevelopment activities are an integral part of the urban renewal project or program. If you enter into a contract with a redeveloper to perform the necessary construction work, this would constitute at least an indirect interest in a contract in con- nection with the urban renewal project, prohibited by Section 403. 16 of the Code. I believe that the same analysis compels the conclusion that a con- tract by Selzer Construction Company with a redeveloper would be in violation of the provisions of the grant agreement prohibiting "... any interest, direct or indirect, in any contract or subcontract... for work to be performed in connection with the program assisted under the Agreement." I want to emphasize, Max, that we have found no indication whatso- ever of wrongdoing on your part. Further, it might well be possible for you to avoid allowing any personal interest to influence your decisions as a public official. Further, I will grant you that the provisions of Section 403. 16 and the provisions of the grant agreement have the effect of ex- cluding many otherwise qualified and able persons from public service. However, as the Iowa Supreme Court stated in Wilson v. Iowa City: These rules, whether common law or statutory, are based upon moral principles and public policy. They demand complete loyalty to the public and seek to avoid subjecting a public servant to the difficult, and often insoluble, task of deciding between public duty and private advantage. It is not necessary that this advantage be a financial one. Neither is it required that there be a showing the official sought or gained such a result. It is the potential for conflict of interest which the law desires to avoid. This language along with other statements by the Court in the Wilson case indicate that the Iowa Court interprets the conflict of interest language in Chapter 403 of the. Code of Iowa broadly in light of what the Court believes to be a legislative intent to avoid even the potential for conflicts of interest in connection with urban renewal projects. In conclusion I believe that you have to make a choice between serving on the City Council of Iowa City and acting as a redevelopment contractor in connection with urban renewal. You can do one or the other but not both. very trul your , hn W. IHayek J Wti:vo cc: City Council *Cit of Iowa Cie .. a w 14 DATI, September 6, 1977 TO: John Hayek, City Attorney FROM: Bob Baalin, Asst. City Attorney RE: Conflict of Interest: Councilmember Subcontracting for Urban Renewal Developer This memorandum is a response to your request for an opinion. dated July 8, 1977. Mr. Max Selzer is an Iowa City Councilman and local general contractor. .Mr. Selzer has asked for an opinion concerning whether or not there could be any conflict of interest for Selzer Construction Company, of which he is a principal, to do construction pork on the private redevelop- ment of land sold through the Urban Renewal process. The City has purchased the urban renewal property from the local public agency, and is now the owner of the property. QUESTION PREBEND Does Mr. Selzer have a conflict of interest if he is a councilmember participating in the appointment of redevelopers, and later becomes a subcontractor for an urban renewal redeveloper? Based upon the terms of the City's contract with HUD for Community Develogrent Block Grant funds, Mr. Selzer can not, while a councilmmaTber or for one year thereafter, have any interest in any contract or sub- contract related to the urban renewal project. DISCUSSION Both at common law and under statutory provisions, municipal contracts in which officers or employees of the City have a personal pecuniary inter- est are void. The rule rests on public policy and pertinent statutes are merely declaratory of the common law and of public policy. 63 C.J.S „ Section 988. Generally, where a municipal contract is void because of the personal pecuniary interest of an officer therein; no action may be maintained thereon; nor may the contractor recover on quantum meruit; and money paid out because of the purported contract may be recovered back. Also, the contract may be cancelled by a court of equity. Id. The State of Iowa has specific statutory authority concerning con- flicts of interest for Councibe mbers. I have set out the pertinent sta- tutory sections as Appendix A to this memorandum, Those statutory sections are 362.5, 362.6 and 903.16, 1977 Code of Iowa. In addition, I set out for reference the following contractual provision from the contract between the City of Iowa City, Iowa, acting as local public agency, and the United States Department of Housing and Urban Development, Loan and Capitol Grant Contract, Part 2, Terms and Conditions, Section 704. This contract is dated September 2, 1970. The provisions of Section 704 of this contract are found in Appendix B. Attached as Exhibit C is Section 801 of Part 2 of Proposed Contracts for the Sale of Land for Private Redevelopment Between Redevelopers and the City of Iowa City. It should be noted that the terms of said Section 801 incor- porate by reference Chapter 403, 1977 Code of Iowa. In conversations with Paul Glaves, it appears to be the City's intent to close out its September 2, 1970, contract with HUD on December 13, 1977. Up until the date that that contract is closed out, all the provisions of that contract could apply. Therefore, I conclude that Section 704 of the contract dated September 2, 1970, will apply during the time that the City is desig- nating redevelopers for the various parcels. After the closeout of that con- tract, the only provisions that would apply to the City would be those speci- fically mentioned in HUD regulations and in the closeout agreement with HUD. Of course, Chapter 403, 1977 Code of Iowa, will continue to apply to all phases of the urban renewal project. I. This brings us to the heart of the matter. According to 63 C,J.S., Section 991 (a), an officer's contract for the sale of materials to the con- tractor entered into after the making of the principal contract does not invali- date the principal contract in the absence of any understanding or agreement at the time the principal contract was made that the officer should have the con- tract for the furnishing of the materials. People v. Southern Surety Company, 199 Michigan 30, 165 N.W. 769. At 165 N.W. at page 770, the Michigan court uses the following language: The court found as a matter of fact that prior to the making of the contracts between Jansma (the contractor) , and the City there was no talk, agreement, contract, or understanding between plaintiff and Jansma to the effect that defendant Jansma would purchase any material from the plaintiff for such inprovements . . . . Broadly stated and carried to its logical conclusion, the position of de- fendant is: that an alderman is prohibited by the charter provision (similar to 403.16) under consideration from sustaining any business relations whatever with any person who has a contract with the municipality of which he is an officer. We are of the opinion that it was not the legisla- tive intent to carry the inhibition so far (emphasis supplied), The court went on to state that it found no direct or indirect interest in this artangement. Similarly, the case of Henschen v. Board of School Inspectors, 267 Ill. App. 269 (1932), involved the purchase of materials from .a t ouncilmenber. At page 310, the Court stated: The mare fact that in due course of business, after the contracts had been let, Swenson & Bippus (contractors with the city) saw fit to become customers of Adam Groth and Company (a business corporation of which a councilmember was a stockholder), raises no basis for fraud and in fact no fraud is claimed and this incident alone, as is clear from the cases above cited, would not be sufficient to act retroactively on the validity of the original contract. If the contract at its inception was bona fide and legal and no understanding was had or entered into between the contractors and appellees (Adam Groth and Company) whereby contractors were found to purchase their material and cut stone from appellees, then no act of the contractors could render the contract . . . void . , . . In dicta, at page 311, the Court indicated that the rule would apply not only to material or supplies, but also might generally apply to doing business with a person, firm or corporation, any member of which might be a public officer. There appears to be some authority in Iowa for related propositions. In Security National Bank v. Bagley, 202 Iowa 701 (1926), the Supreme Court of Iowa was faced with a contract between a local school board and a business corporation known as Thrift, Inc. As part of that contract, Thrift, Inc. was to carry its acoounts.with a local bank. Thrift, Inc. chose to carry its accounts with the First National Bank, of which bank an .officer was also a school board member. The Court stated that there was no hint of taint to the original contract between the school board and Thrift, Inc. At page 709, the Court stated: The fact that Thrift, Inc., made a contract with the First National Bank after such authorization had been granted by the board did not operate retroactively, and render invalid and illegal the action of Bagley, as a member of the Board of Directors, in voting for the resolution. There is no claim or proof of fraud, conspiracy, or connivance at this point. Likewise, in 1911, the Attorney General of Iowa was asked the question whether or not a member of the city council nay lawfully work for and draw pay from another who has a contract with the city. The conclusion of the Attorney General was as follows: Hence, I am of the opinion that if the city's contract with the contractor was fairly made and there was no collusion between the members of the council to award him the contract in consideration of his employ- ing members of the council, the contractor should not be deprived of the right to eTTplcy a councilman to do work on said contract. O.A.G., page 296, 1911-1912. In case of Kruger v. Ramsey, 188 Iowa 861 (1920),. is also instructive. In Kruger, the Court was faced with a situation where the record disclosed that prior to any action being taken by a city council upon the vacation of a road, a rounciLrember, one Ramsey, had entered into an oral understanding with the town that, if they would vacate this road and turn it back to him, he would turn over another road to the county. Ramsey agreed to this, and thereafter action was taken to vacate the road. The Supreme Court of Iowa voided the vacation of the first road. At 188 Iowa at 868, the Court held . -4 • that the purpose of the statute in question (now codified as 362.5, 1977 Code of Iowa) was to prevent counci]men, directly or indirectly, from making profit out of their relationship with the city. Such contracts were held to be void at camron law and the court refused to enforce the contract, as it had done earlier in the case of Bay v. Davidson, 133 Iowa 688, 690 (1907). Likewise, see McQuillen on Municipay Corporations, section 29.99 where the general rule is stated to be that the fact that a contractor, to whom a public contract has been awarded in good faith, purchases materials and supplies from a firm in which city officers are interested is generally insufficient to vitiate the contract." McQuillen cites, in addition to the Henschen case cited earlier, the case of O'Neill v. Auburn, 135 P, 1000. As a related item of interest, McQuillen states that the interest in question mutt be in exis- tence at the time of the award of the contract, citing Oakland V. California Construction Company, 15 Cal.2d 573, 104 P.2d 30. An Iowa case possibly contra the general rule is Wyman v. City of Cherokee, 204 Iowa 675, 215 N.W. 655 (1927). In Way_, the Court was faced wihituation where a city council had a contract with the son of a council - member for certain cement services. The father had leased equipment to the son,for $500 per year with the expectation that the son would be paid out of then profits of the business. The lease pre -dated the contract. The Court said at 204 Iowa at 677-78: If the facts are as claimed by the appellant (son), then the interest of J. D. Wayman (father) was remote and incidental only and constituted no part of the contract in question. Nor can it, with nothing more, be said that J. D. Wayman was directly or indirectly interested in the contract . . . . It would seem that J. D. Wayman had an interest in the city contract with his son before the city contract was entered into. Therefore, it is hard for me to reconcile Wwayman with the other cases. I would advise caution in resting heavily on Wayman. Firstly, the district judge saw it the other way, but was reversed. Secondly, the amount involved is small, and the trans- action is within the family, which could mean that the court scrutinized it less closely. Thirdly, the facts recited, 204 Iowa at 676, suggest that J. D. Wayman was not on the Council when he leased the equipment to his son, so there was perhaps no design for the father to help the son profit from a city contract. I have been told that a certain person who may be interested in bidding on urban renewal land may have made statements to the effect that he and Mr. Selzer have discussed the possibility that this man might be able to develop sore urban renewal land. We now need to inquire as to how these cases impact upon the issue here in question. Frankly, it seems to me that these reputed converstions raise a question as to whether the designation of a redeveloper by the City for a particular urban renewal parcel would be free of taint. The cases previously discussed are uniform in holding that subcontracts for materials with the City Councilmember are acceptable if the original contract is free of taint. However, if there was a prior agreement of soma sort between Mr. Selzer and a potential redeveloper, then I believe. a court could easily find that the original contract was not free of taint, and therefore void. See 362.5. There is no question in my mind that if Mr. Selzer has an agreement with a potential redeveloper to the effect that if the redeveloper becomes the designated redeveloper, he will have Mr. Selzer build his project, then there is an impermissable taint to the original contract. However, a more difficult situation arises where there is something less than actual agreement, For example, suppose that Mr. Selzer had worked with a redeveloper in the past and that when the redeveloper had a project, he sometimes, although not always, employed W. Selzer to build his project. In that situation, in my judgment, Mr. Selzer would be in a conflict of interest situation because he would have a reasonable expectation that the redeveloper might use Mr. Selzer to build his project. With that temptation in front of him, it would be more difficult for him to do his.public duty with regard to the appointment of the redeveloper. Suppose a more difficult fact situation. Suppose that prior to the designation of redevelopers, a potential redeveloper had contacted a councilman for help in analyzing the feasibility of a project, and the council- man 'had rendered such a service for a fee. It seems likely that if the project is'feasible, then the redeveloper, if he obtains the designation, will use that councilman further since the councilman will be ahead of others in know- ledge of the project. Such a situation could possibly influence the council - mans' vote on the question of who should be designated as the redeveloper. There may possibly be some evidence for persons wishing to challenge municipal developer designations. Beyond that, even if such a challenge were unsuccessful, there is the appearance of impropriety, and that is not what we need in this urban renewal project at this stage. It is very diffi- cult to prove the negative, and I believe it would be difficult for the City to prove that Mr. Selzer had no agreement with any potential redeveloper. At the very least, I believe there would be many citizens who would be skep- tical. My advice to Mr. Selzer is that he should not talk to any potential rede- veloper, except in the presence of the entire Council. If Mr. Selzer were to be in any situation where it might be said that an agreement was made between Mr. Selzer and a potential redeveloper, then I believe the designation of the redeveloper could be invalidated. In fairness to Mr. Selzer, it should be stressed that there is no evidence that Mr. Selzer has been involved in any wrongdoing of any kind. We need to be clear in our minds as to the purpose of the law in this area, Its purpose goes far beyond dealing with actual wrongdoings; the overwhelming majority of the reported cases do not involve actual wrongdoing. Rather, the purpose of the -law is to prevent all of us from getting into situations where even a small temptation to dereliction of public duty is created. This memorandum should be understood in that spirit. Even Mr. Selzer may not be influenced by the prcported conversations, the Conflict of Interest law does not turn on actual conflict, as we have said, but only on the nese possibility of conflict. 0 -6- • Your attention is directed to the case of Dilley v. City of Des Moines, 247 N.W.2d 187, 192 (1976), where the Supreme Court of Iowa had this to say: Plaintiff's attack on the councilmamberIs motives, alleg- ing the 19 block tract was included in the area to secure a valuable area for tax increment financing, is blunted by the above indicated evidence. Farther, it is deflected by applicable law holding the court does not ordinarily examine the motives of those exercising legislative power in a manner which is not manifestly arbitrary, capricious, or unreasonable. (With citations.) We add the caveat - this rule may have no application in a section 403.16 situation (personal interest in property included or planned to be included in an urban renewal project), or where there is some other real or potential conflict of interest. Wilson v. Iowa City, 165 N.W.2d 813 (Iowa 1969). Thus, we can see that while it is the general rule that if the actions of a public body are not manifestly unreasonable, the court will not examine the motives of the members of the public body, yet the court added the possible exception of conflicts of interest within the purview of Section 403.16. Thus, i£ appears that the Supreme Court is hinting that it might closely scrutinize real or potential conflicts of interest, and I believe that if some evidence could be adduced to show that Mr. Selzer may have been in a conflict of inter- est situation in the designation of a redeveloper, the designation would be invalidated,. and any contracts subsequent to the designation would therefore also be validated. Such an invalidation could set the urban renewal project back significantly, and would certainly taint the whole project. Farther, the acquisition of such an interest would appear to be clearly prohibited by the terms of the first sentence of 403.16, which provides, in substance, that no councilwxber shall voluntarily acquire an interest in an urban renewal contract. To voluntarily acquire an interest in an urban renewal project when one is a councilman is a violation and constitutes mis- conduct in office. 403.16(7). There is also a question of the interplay between chapters 362 and 403 on the matter of whether a contract between a city and another party, when councilman holds an interest in the other party, is void. Section 403.18 provides as follows: Insofar as the provisions of this chapter may be incon- sistent with the provisions of any other law, the provi- sions of this chapter shall be controlling. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. There is the possible question of whether the provisions of section 362.5 would -void a contract in which a councilmember had an impermissible interest. It docs appear that both sections 362.6 and 403.16(7) provide that the vote of a councilman who is affected by a conflict of interest shall not be invalid by reason of a vote violative of statutory standards unless such vote or votes were decisive in the passage of such ordinance or resolution. However, I do not believe it was the legislative intent to provide a lower standard in urban renewal projects than would otherwise exist for general municipal affairs under 362.5, and therefore I conclude that a contract entered' into in which a council- nember had a conflict of interest would be void. In this regard, see Wilson v. Iowa City, 165 N.W.2d 813, 822-823 (1969). 0 -7- 0 I believe it would be appropriate to discuss with Mr. Selzer any conver- sations that he may have had with the gentleman referred to earlier, and if there has been any agreement of any kind between the two of them, then I believe Mr. Selzer should be advised that he should refrain from any official action, or even any discussion, with regard to the designation of a redeveloper for that parcel. Also, I would think it advisable that Mr. Selzer refrain from taking part in any decisions as to who should be designated redeveloper for any parcel on which that redeveloper is bidding. The purpose of such advice is prophylactic, that is, to clean away any suspicion or taint that might exist or that might reasonably be thought to exist. II. This brings us to the second major part of this memorandum, which part involves the assessment of Mr. Selzer's role in accepting the cork of a redevel- oper, if Mr. Selzer were the designated redeveloper's contractor. In this sec- tion, I will assume that there is no taint to the original designation of a redeveloper by the City, and any contracts subsequent thereto. The leading case in this area appears to be James v.City of Hamburg, 174 Iowa 301 (1916). In James, the City had a contract with Mddaken to construct a certain project. There was no suggestion in the case of any prior arrangement or agreement between Mr. Baldwin, a nember of the city council, and also an officer in a local bank, and Md4aken. After the contract was signed, Md4aken borrowed money from the bank of which Baldwin was an officer. McMaken gave an assignment to t}e' bank of its rights from the city. Subsequent to this assignment, Md4aken obtained materials from one James, and gave a second assignment to James. hater, after the cork had been accepted by the city, Jarms brought suit against the city to force the city to pay him his due under his assignment from Md4aken. The bank intervened, asking that the City pay the bank. The Supreme Court held that the bank undertook to finance the deal from McMaken and to furnish them with money for the construction. Further, the Court held that the bank was, therefore, interested in seeing that the work was performed, and the certificates were earned. 174 Iowa at 309. Because of the councilman's interest in the bank, McMaken's assignment to the bank was held void, and the court held in favor of the material supplier, James. That part of the Janes opinion which discusses the conflict of interest in which a councilnember might find himself is so persuasive to my mind that I have reproduced a substantial portion of it below. The citation is from 174 Iowa 309-310: This assignment was taken from the construction company by Baldwin for the use and in the interest of the bank. The bank undertook to finance the deal for MaMaken & Sons Company; to furnish them money for the construction and work. The bank was, therefore, interested in seeing that the work was performed and that the certificates were earned. Before the certificates could be issued, the cork of McMaken & Sons Company had to be approved and 'accepted by the city. The bank, therefore, and Baldwin were interested in having the city approve and accept the work. The money advanced by them and covered by the assignment could only be recovered from the city when the work was approved and w accepted by the city. Baldwin was a member of the city council. It was his right and duty, in the interests of the city, to see that the work was corpleted in accordance with the terms of the contract before acceptance. He was therefore, charged with the duty of protecting the rights of the city as against any dereliction on the part of MCMaken & Sons Conpany. He was financially interested in having the cork accepted. Upon approval and acceptance by the city depended his right to the funds in the hands of the city, the result of the 14d4aken contract. He was called upon to serve two masters; one, with which his interest financially was bound up; the other, in which was involved his public duty as an officer of the city. He was bound, therefore, to serve both faithfully --the bank of which he was an officer and in which he was financially interested, and the city, of which he was also an officer and servant. It is an old saying that a man cannot serve two masters, but we think the case here is even stronger than that. He was called upon practically to serve himself in a transaction in which his duty called him to serve another, These interests might be antagonistic. He might be called upon to say which he would serve --himself or the one to which he owed a public duty. If the contract had not been performed by the construction company as required by its contract, and was presented to the city in an unfinished condition, or in a condition not in compliance with the contract, a temptation would be offered to the intervener, represented by Baldwin, to dis- regard his public duty, and yield to the temptation of per- sonal interest. It is this that the law guards against. It is this sort of a condition that the law is intended to avoid. It is not necessary that there be evidence of dereliction of duty on the part of a public officer to bring these con- tracts within the inhibition of the law. The inhibition applies when the contract is of such a character that, in... _.. the very contract and in the making of it, a temptation to dereliction of duty is created. The law intends that these public officers should, like Caesar's wife, be above suspi- cion and temptation. The one difference between this case and the James case is that if Mr. Selzer were the chosen contractor for the designated redeveloper, yet Mr. Selzer may have no direct entitlement to funds from the City; in Janes, the bank had an assignment from McMaken and so there was created a direct legal link between the City and the bank. But in my mind, given the obvious prophylactic purpose of 403.16, I do not believe that the Supreme Court of Iowa would draw a distinction between the James case, where a direct legal link existed, and the case we might have here, where no legal link exists, but where Mr. Selzer would fairly be said to have a real or potential interest in approving the work done by a redeveloper. Even if we assume a financial transaction where Mr. Selzer has been paid, there could be other nonpecuniary considerations involved with voting on accepting the work, that might tempt him with a choice between public duty and private interest. We should not forget that C.J.S. cites Wilson as authority for the proposition that an interest need not be pecuniary to be -9- • objectionable. 63 C,J.S., sec, 991(a)., footnote Hickerson's interest was not pecuniary, but he previously cited language in Dilley, 247 N,W.2d a to the notion that an Iowa court would scrutinize amounting to a direct legal link. n 14 (supp). Councilman was disqualified. Also, the t 192, adds further power a potential conflict not To be sure, the facts in any case would be important, but I believe that a subcontractor could be in a conflict of interest with his role of approving his awn work. At the least he should refrain from passing on his can work. But if he could be said to have acquired an interest, then he has crossed over into forbidden territory. III. I have recently reviewed a provision in the agreement signed by the City Manager when the City accepted the two million dollars of Community Development Block Grant funds last year. In accepting this money from HUD, the City Manager was required to agree that the Grantee, City of Iowa City, would comply with the terms and conditions of the agreement (a paragraph of which is reproduced below). The entire agreement is attached to this memo- randum as exhibit D. The text of the section of the Agreement relating to the interest of officers of a local governing body reads as follows: No member, offices, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have an interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be per- formed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a pro- vision prohibiting such interest pursuant to the purposes of this section. In my judgment, this language is dispositive of the question before us. The section, in essence, says that a counciln)ember who exercises any functions or responsibilities with respect to the program (presumably the urban renewal program here since we are paying for the program with Community Development Block Grant funds), during his tenure or for one year thereafter, shall have any interest direct or indirect in any contract or subcontract, or the pro- ceeds thereof, for work to be performed in connection with the program assisted under this agreement. Basically, this provision means that Mr. Selzer could not be a subcontractor to any designated redeveloper during his tenure on the Council or for one year from the time he leaves the Council. The above quoted language would also have to be incorporated into any contract that Mr. Selzer might sign with a designated redeveloper. In my jusgment, this.means that if Mr. Selzer, acting through Selzer Construction Caml5any, has any desire to be a contractor to a designated rede- veloper for the Iowa City Urban Renewal Program, and given the development time schedule that we are probably facing, that he should immediately resign his seat as a Councilmember and that he would be free, one year after such resignation, to be a contractor or subcontractor for a designated redeveloper, • -lo- � • It is my further reconnendation that you, John, should sit down immed- iately with Mr. selzer to discuss this memrandum with him and that he should be advised that he will have to make some very difficult choices. i Exk: 6' - A 0 §362.3, CITIES--DLFIAITIO\S AND PROVISIONS scrieIf the con, tractdare made by competiin subsection 0, or tive bid, id, publicly invited and opened, and if the remuneration of employment will not be directly affected as a result Of the contract and theployment do not directly Involve theut eprocure. ment tract oTheecompetitivearation of abidpart con. requirement this subsection shall not be required for any contract for professional services not custom- arily awarded by competitive bid. 6. The designation of an official newspaper, 7. A contract in which a city officer or em- ployee has an Interest If the contract was made before.the time he was elected or appointed, but the contract may not be renewed. 8. Contracts with volunteer firemen or civil defense volunteers. 9. A contract with a corporation in which a city officer or employee has an Interest by rea. son of stockholdings when less than five per, tion Is ownrd for controlledkof the di directly or corpora. ndl rectly by the officer or employee or the spouse or immediate family of such officer or em- ployee. 10. A contract made by competitive bid, pub- licly Invited and opened, In which a member of a city board of trustees, commission, or ad- minislrative agency has an Interest If he is not authorized by law to participate in the awarding of the contract. requl ementof thissubse ton doecompetitive ntnot apply to any contract for professional services not customarily awarded by competitive bid. ] 160, §1122; C73,§490; C97,§943; S13,§§668, 879•q, 056- a31; C24. 27; 31, 35, 39,§§5613, x,5.'14, 6710;6 73, §§363.47, 416.58, 42020; C54, 58, 62, 66, 71 §368A.22; C75,§362.51 a1mli.r 9ravi.lone, 1118.6, 680.8, 86.7. 262.29. 262.10, 814.2, 817.16. 403.16, 663.23. 741.11 302.6 Conflict of interest. A measure voted upon Is not Invalid by reason of conflict of In- terest in an officer of a city, unless the vote of the oflcer was decisive to passage of the meas- ure.. If a specific majority or unanimous vote of a municipal body Is required by statute, the majority or vote must be computed on the basis of the number of officers not disqualified majoritynoff all nmembersct of tIsaHowever, � required for a quorum. For the purposes of this section, the statement of an officer that he declines to vote andTemu t becoriffict entteredf oflerest is record. conclusive ason of IC71,73, §368A.25; C75,§362.61 362.7 Prior measures valid. A valid meas- ure adopted by a city prior to July 1, 1975, re- mains e• able Withlthunless city code. IC7G,§362•7]lrrecondl- 302.8. Construction. The city code, being necessary for the public safety and welfare, shall be liberally construed to effectuate its purposes. [C75,113G2.81 C9nallutl.n.iltr, 6813A. eh 1088.18 Included In its title. IC50,§391A.1; C54, 58, 62, 1g7 §§27, c§h 203,§llj lA.l; C75,§362.2; 66GA, ch nd.... d b In 11386.1. 190.1 362.3 Publication of notices. Unless other. wise provided by state law. 1. If notice of an election, hearing, or other officlal action Is required by the city code, the notlessice must thn four norulmoredthan twenty daat least ynot s be- fore the date of the election, hearing, or other action. 2. A publication required by the city code must be in a st once weekly and having general circulatioublished at n In the city. However, if the city has a population of two hundred or less, or In the case of or- dinances and amendments to be published In a city In pubwhich licatonmay be made by posting aper Is published, nhthree public placesIn the city which have been per- manently designated by ordinance. [R60,§1133; C73,§492; C97,§§686, 687; C24, 27, 31, 35,§§5720, §§366.7-366.9; C54,§20 58,762, 66, 71, 73,§366.7; C75, §362.3] 36{.7 , 36 069.2, 868.16, nrfrrnd to In 6131 4. 330.18, 881.1ii, 381.22, 88/.86, 8.20 372.9 376.6, 986.3, 380.7, 880.8,86 98160, 384.83, 384.96, 881.102, 886.81 88., 384-40' 384-50' 992,1 362.4 Petition of eligible clectora. If a pe. titfon of the voters is authorized by the city code, l ctors ohe f then Is city equal in insigned number eligible ten percent of the persons who voted at the last not less than tenpe preceding persons, unless otherwi se �wiset provided by slate law. IC75,§362.4; 66GA, ch 203,§121 87lt,f2. , 7 J. 11286/.1 a .2, 32 11.2, 880.17, 964.2, 872.11, 2.5 3625 "Contract" defined. When used In this section, "contract" means any claim, ac- count, or demand against or agreement with a city, express or Implied. Acity officer or employee shall not have an interest, direct or Indirect, In any contract or job of work or material or the profits thereof or services to be furnished or performed for his city. A contract entered Into in violation of this section Is void. The provisions of this sec- tion do not apply to: 1. The payment of lawful compensation of a city officer or employee holding more than one city office or position, the holding of which Is not Incompatible with another public office or is not prohibited by law. 2. The designation ofabanor In- vestment com- pany as a depository, paying aYiagent, g vestment of funds. . 3. An employee of a bank or trust company, who serves as treasurer of a city. 4. Contracts madepopulation upon a on c mpetitive of less than three thousand 1 bid to writing, publicly Invited and opened, 5, Contracts 1n which a city officer or em- ployee has an Interest solely by reason of em- ployment, or a stock Interest of the kind de - IDOL • t—A,iluIt' i'1 filed with the clerk of the municipality, and such certificate shall be conclusive evidence of the due and proper appointment of such eom- missfoner.' -4. The powers of an urban renewal agency shall be exercised by the commissioners there. of. A majority of the commissioners shall con- stitute a quorum for the purpose of conducting business and exercising the powers of the agency, and for all other purposes. Action may be taken by the agency upon a vote of a ma- jorlty of the commissioners present, unless In any case the bylaws shall require a larger number. Any persons may be appointed as commissioners if they reside within the area of operation of the agency, which area shall be conterminous with the area of operation of the municipality, and If they are otherwise eligible for such appointments under this chapter. 5. The mayor shall designate a chairman and vice-chairman from among the commis- sioners. An agency may employ an executive director, technical experts and such other agents and employees, permanent and tem- porary, as It may require, and the agency may determine their qualifications, duties and com- pensation. For such legal service as It may re- quire, an agency may employ or retain Its own counsel and legal staff. An agency authorized to transact business and exercise powers under this chapter shall file, with the local govern. ing body, on or before September 30 of each year, a report of its activities for the preceding fiscal year, which report shall include a com- plete financial statement setting forth Its as- sets, liabilities, Income and operating expense as of the end of such fiscal year. At the time of filing the report, the agency shall. publish in a newspaper of general circulation In the community a notice to the effect that such report has been fled with the munici- pality, and that the report is available for In- spection during business hours in the office of the city clerk and In the office of the agency. 6. For Inefficiency, or neglect of duty, or mis- conduct in once, a commissioner may be re- moved only after a hearing, and after he shall have been given a copy of 'the charges at least ten days prior to such hearing, and after he shall have had an opportunity to be heard In person or by counsel. (C58, 62, 66, 71, 73, 75,§403.151 Reverted to to 1107.17(1) 403.16 rersonal Interest prohibited. No pub- lic official or employee of a municipality, or board or commission thereof, and no commis- sioner or employee of an urban renewal agency, which has been vested by a municipal. ity with urban renewal project powers under section 403,14, shall voluntarily acquire any personal Interest, as hereinafter defined, whether direct or indirect, In any urban re newal project, or In any property Included or planned to be Included In any urban re- newal projtrM of such municipality, or In any contract or proposed contract in connection. L • 1D8t 1985 CIMS—URBAN ItENI SAL, §40x.1 fi with such urban renewal project. Where such acquisition is not voluntary, the Interest ac. quired shall be Immediately disclosed In writ. Ing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body. Many such official, _ commissioner or employee presently owns or controls, or has owned or controlled within the preceding two years, any Interest, as herein. after defined, whether direct or Indirect, in any property which he knows Is Included or planned to be Included In an urban renewal project, he shall immediately disclose this fact In writing to the local governing body, and such disclosure shall be entered upon the. minutes of the governing body; and any such official, commissioner or employee shall not participate In any action by the municipality, or board or commission thereof, or urban renewal agency affecting such property, as the terms of such proscription are hereinafter defined. For'the purposes of this section the following definitions and standards of con- struction shall apply: 1. "Action affecting such property shall Include only that action directly and specific- ally affecting such property as a separate property but shall not Include any action, any benefits of which accrue to the public gener• ally, or which affects all or a substantial por- tion of the properties Included or. planned to be Included In such a project. 2. Employment by a public body, Its agen• cies, or institutions or by any other person having such an Interest shall not be deemed an Interest by such employee or of any own- ership or control by such employee of interests of his employer. Such an employee may par. ticlpate In an urban renewal project so long as any benefits of such participation accrue to the public generally, such participation affects all or a substantial portion of the properties in. cluded or planned to be included In such a project, or such participation promotes the public purposes or such project, and shall limit . only that participation by an employee which directly or specifically affects property In which an employer of an employee has an Interest. 3. The word "pa rtlelpa tion" shall be deemed not to include discussion or debate preliminary to a vole of a local governing body or agency upon proposed ordinances or resolutions relat- Ing to such a project or any abstention from such a vote. 4: The designation of it bank or trust com• pany as depository, paying agent, or agent for .Investment of funds shall not be deemed a matter of interest or personal Interest. 5. Stock ownership In a corporation having such an Interest shall not he deem"] an indlc]n of an Interest or of ownership or control by the person owning such stocks when less than five percent of the outstanding stock of the, corporation Is owned or controlled directly or Indirectly by such person. •f �Xnlbt-% 1 I §1113.16, CITIES—URBAN RENEWAL 6. The word "action shall not be deemed to Include resolutions advisory to the local gov erning body or agency by any citizens group, board, body, Or commission designated to serve a purely advisory approving or recom- mending function under this chapter. 7. The limitations of this section shall be permitcomtruecf to commis one , or employee where any benefits of such action accrue to the public generally, such action affects all or a substantial portion of the properties Included or planned to be Included in such a project, or such action pro• motes the public purposes of such project. and 'shall be construed to limit only that action by @ public official, commissioner, or employee which directly or specirically affects property In which such official, commissioner, or em-: ployee has an Interest or in which an employer of such official, commissioner, or employee has an interest. Any disclosure required to be made by this section to the local governing body shall concurrently be made to an urban renewal agency which has een vested wbs by the munith urban renewal project poe pality pursuant to the provisions of section 403.14. No commissioner orother o officer of any urban renewal agency, board commis - :Ion exercising powers pursuant to this chap• ter shall hold any other public office under the municipality, other than his commissionership or once with respect to such urban renewal agency, board or commission. Any violation of the provisions of this section shall const]• tute o no ordinance or resolution of amunic municipality t In Office6r agency shall be invalid by reason of a vote or votes cast in vio- lation of the standards of this section unless such vote or votes were decisive in the pas- sage of such ordinance or resolution. . IC58, 62, 6G, 71, 73, 75,4403161 Rio, odium 49-16,d on rondillon, 680A' P 238.11 8.11262.10, simllrt vrmielum, MR.& 660.2, 211.2, a67.16, 623 A.22, 711.11 MUM Definitions. The following terms wherever used or referred to In this chapter, .shall have the different meaningisl following meanings, eIndicated by the context: • 1. "Agency" or "urban renewal agency" shall mean a public agency created by section 403.15. •^•'• 2. "Afunicipalily" shall mean any city in the state. 3. "Public body" shall mean the state or any political subdivision thereof. •. 4. "Local governing body" shall mean the • council or other legislative body charged with governing the municipality. 5. ,Alayor" shall mean the mayor of a mu. nicpality, or other officer or body having the duties customarily Imposed upon the executive head of a municipality. G. "Clerk' shall mean the clerk or other official of ipality who is cus- ttodian of the official records t recc ords Of hmunlcl- pality. 1986 7. "Federal government" shall include the United States or any agency or Instrumental• Ity, corporate or otherwise, of the United States. 8. ,Siunl area" shall mean an area in which there is a predominance of buildings or Im- provements, whether residential or nonresi. dential, which: By reason of dilapidation, deterioration, age or obsolescence; by reason of inadequate provision for ventilation, light, air, sanitation, or open spaces; by reason of high'density of population and overcrowding;. by reason of the existence of conditions which endanger lite or property by fire and other causes; or which by any combination of such factors, is conducive to ill health, transmission of disease, Infant mortality, juvenile dolln-' quency or crime, and which is detrimental to the public health, safety, morals or welfare. 0. "Blighted area" shall mean an area which by reason of he presence of -a substantinl number of slum, deteriorated or deteriorating structures, predominance of defective or Inade- quate street layout, faulty lot layout In rela. tion to size, adequacy, accessibility or useful- ness, Insanitary or unsafe conditions, deteriora- tion of site or other Improvements, diversity of ownership, tax or special assessment delin- quency exceeding the fair value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other ca actors,substantiallor y impairs combinatorn arrests -such of the sound growth of a municipality, retards the provision or housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in Its present condition and use: Provided, that If such condi- tions consists contained In the proviso in section 403.5, subsection 4, shall apply: And provided further, that any disaster area referred tel In section 403.5, subsection 71 shall constitute a "blighted area". ]0. "Urban renewal project" may include undertakings and activities of a munic117ality in an urban renewal area for the elimination. and for the prevention of the development or • spread of slums and blight, and may Involve slum clearance and redevelopment In an urban renewal area, or rehabilitation or conservation In an urban renewal area, or any combination or put thereof in accordance with an urban renewal program. Such undertakings and ac- tivities may Include:' a. Acquisition of a slum arca or a blighted area or portion thereof; . b. Demolition and removal of buildings and Improvements; c. Installation, construction, or reconstruc• tion of streets, utilities, parks, playgrounds, and other Improvements necessary for carry Ing out in the u147an renewal area the urban renewal objectives of this chapter In accord- ance with the urban renewal plan; `...J4-- xh, 6' - 0 le ARTICLE VII—MISCELLANEOUS PROVISIONS 'SEC. 701. GENERAL COVENANT CONCERNING PROJECT TEMPORARY LOAN OBLIGATIONS AND PROJECT DEFINITIVE LOAN OBLIGATIONS HUD -315515 00-651 The Local Public Agency will, at all times, preserve and protect the security of the Project Temporary Loan Ob- ligations and of the Project Definitive Loan Obligations and the rights of the Government as the owner or holder thereof. SEC. 702. MEETING REQUIREMENTS OF STATE OR OTHER LAW t In the event that any election, referendum, permit, approval, notice, or other proceeding or authorization is 1 requisite under applicable law in order for the Local Public Agency to undertake this Contract, or the Project, or to i observe, assume, or carry out, in accordance with this Contract, any of the provisions hereof to be observed, as. sumed, or carried out by it, the Local Public Agency will initiate and consummate, as provided by law, all actions necessary to be initiated and consummated by it with respect to any such matter so requisite. i SEC. 703. INTEREST OF CERTAIN FEDERAL OFFICIALS No Member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be ad. mitted to any share or part of this Contract or to any benefit to arise from the same. SEC. 704. INTEREST OF LOCAL PUBLIC AGENCY PERSONNEL AND OTHER LOCAL PUBLIC OFFICIALS (A) . Local Public Agency Personnel. — The Local Public Agency will adopt and enforce nncasures appropriate to assure that no member of its governing body and no other officer or employee of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the Project shall, prior to the com- pletion of the Project, voluntarily acquire any personal interest, direct or indirect, in any property included in the Urban Renewal Area, or in any contract or proposed contract in connection with the undertaking of the Project. If any such member, officer, or employee presently owns or controls, or in the future involuntarily acquiree, any such personal interest, be shall immediately disclose such interest to the Local Public Agency. Upon such disclosure such member, officer, or employee shall not participate in any action by the Local Public Agency affecting the under- taking of the Project unless the Local Public Agency shall determine that, in the light of such personal interest, the participation of such member in any such action would not be contrary to the public interest. The Local Public Agency will promptly advise the Secretary of the facts and circumstances concerning any disclosure of interest made to it pursuant to this subsection. (Il) Other Local Public Officials. — The Local Public Agency will adopt and enforce measures appropriate to assure that no member of Ute governing body of the locality in which the Urban Renewal Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project shall, prior to the completion of the Project, voluntarily acquire any personal interest, direct or indirect, in any property included in the Urban Renewal Area, or in any contract or proposed contract in conneeduu with the undertaking of the Project. SEC. 705. INDIVIDUAL LIABILITY OF LOCAL PUBLIC AGENCY PERSONNEL No member of the Local Public Agency's own governing body, and no other officer of the Local Public Agency, shall be individually and personally liable on any obligation assumed by the Local Public Agency by this Contract. -37- ARTICLE VIII. MISCELLANEOUS r SECTION 801. CONFLICT' OF INTEREST'S; CITY REPRESENTATIVES NOT INDIVID- UALLY LIAELE. No member, official, or employee of the City shall have any personal interest as defined in Chapter 403, Code of Iowa 1977, direct or indirect, in the Agreement, nor shall any such member, offical, or employee participate -in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orientation, marital status, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. (b) The Redeveloper will, in'all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The'Redeveloper will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. Ci 0 14. this Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of Grantee, Members of Local Governing Body, or Other Public Officialst lio member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with res- ' pact to the program during his tenure or for one year t ereaSter shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Ap`inst PaSvnents of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or corunission for the purpose of obtaining HUD .:,roval of the application for such assistance, or FUD approval of applications for additional assistance, or any other approval or con- currence of HUD required under this Agreement, Title I of the Housing , nd' Co;:ani{y Dcvel.opmunt Act of 197L or HUD regulations with respct thereto; provided, however, that reasonable fees or bona fide technical, 29G )t lilv'nT or .1TTOn\L•'SGL•'x L•'MI. I CITIES oxo '1'owxs-Hrcnn• or• Couxcmnrrx T()Cox narr.—]Vhilc o j a councilman cony not be interested in +t contract,vith tum city j lie nuty lawfully III, employed by one tvho has contracted with i the oily, 1 1 I directly interested in the contract by reason of Las bcu"'Played ploye + by tile contractor, then such eopinynlell would Le prohibited. LII Ii ; l l'hr,'suprru a 1,0111.1, of llinnesotn, in the case of t�•TISnn uc. Jolm1- son; 3G N. \V., ill page 86S,considered n coutl•Ilet wharein it was sl.ipulnlyd "should .[ at any time tvilllin a period of live years •r i' violate Illy ogroeucut above mentioned, by olgn{t in the Lumber rl i ^ I l basincss, either dirrelly o• indil-Mlg, I ngrrc Io pay fo the said 1 11 • 11I d ill mming upon I Nels"n Illy, silt" of l%va Lhnusnitd , a ons, u I 1 J(,fi•.:I the qurslion of whether or not this ca11U•ort Ivul been violated by 'I' the abligol:s being employed in nllolher lumber yard said: "Tho wmds'dircully nr iudircr.Il.Y' emphasize, the ngrccment, mid per- i mit no evasion of its ptlrpliso 11,111 object, '1•o mignge his services to or in assisting it rival (lea] al. in the same busillos• to solicit and nwkc sales mid to inllnenrc buyers in that ntnrl;et., including his old customers, wool(], the thjulc, Lc fnjrly within the le ms of the i 1 cmilr"et. But it refers to cnpnpiop in business; it docs not extend h I merely to isolated nets which might tend to interfere with the •.i r t I t a;•II fly rtI I��'�IIi1�, 'plaintiff's I .for the col Nor do tee affecting II influencju;,• ] retire. I contractor the ntenlbr tion of his not Le dep on said rr. VIRE Cunt is 11111 five i ' dinul,• or to., 111's. 11. 1.. DE.ut the °.1st Ile advise, blank em' used in It 5ccljnn Ilett "no this slnl, mile. hl: crnclwrs fourths I SS{ sell, pre. minor. Q These 6 jest the ;n 5 II j Tittle 29, 1911. I(i I ]4nn III I' jNW1101,�01s, ]vintersel, Iowa. ' 1 bE.ttt Slit: Yotu:s of the 20th just, addressed to the attorney l i1( has heel referred to me for reply. gcuernl ]"out qucslimt brjelly staled, is whethev ar not a member of the I i city counril nu,y L•nvfully work for and draw pay from another •,�+' l y rvho les a conlrnet With the city. •� 'I enclose nu extract front a former opinion rendered by this I department from whirb it will he seen that the counrilmnu could I not directly enter into it contract m•ith the city. The section of I the stninte remis: "'o• shall he, be interested directly or indirecitil 11, ally coma:• et or .job for work, or ilio profits thereof, or services to he performed for the corporation." The question propounded by you requires n coilsWnction of tile words liulerested indirectly" as used in this statute. If by I�'l(I ' I I reason of his employment the councilman call be said io be in - 1 I directly interested in the contract by reason of Las bcu"'Played ploye + by tile contractor, then such eopinynlell would Le prohibited. LII Ii ; l l'hr,'suprru a 1,0111.1, of llinnesotn, in the case of t�•TISnn uc. Jolm1- son; 3G N. \V., ill page 86S,considered n coutl•Ilet wharein it was sl.ipulnlyd "should .[ at any time tvilllin a period of live years •r i' violate Illy ogroeucut above mentioned, by olgn{t in the Lumber rl i ^ I l basincss, either dirrelly o• indil-Mlg, I ngrrc Io pay fo the said 1 11 • 11I d ill mming upon I Nels"n Illy, silt" of l%va Lhnusnitd , a ons, u I 1 J(,fi•.:I the qurslion of whether or not this ca11U•ort Ivul been violated by 'I' the abligol:s being employed in nllolher lumber yard said: "Tho wmds'dircully nr iudircr.Il.Y' emphasize, the ngrccment, mid per- i mit no evasion of its ptlrpliso 11,111 object, '1•o mignge his services to or in assisting it rival (lea] al. in the same busillos• to solicit and nwkc sales mid to inllnenrc buyers in that ntnrl;et., including his old customers, wool(], the thjulc, Lc fnjrly within the le ms of the i 1 cmilr"et. But it refers to cnpnpiop in business; it docs not extend h I merely to isolated nets which might tend to interfere with the •.i r t I t a;•II fly rtI I��'�IIi1�, 'plaintiff's I .for the col Nor do tee affecting II influencju;,• ] retire. I contractor the ntenlbr tion of his not Le dep on said rr. VIRE Cunt is 11111 five i ' dinul,• or to., 111's. 11. 1.. DE.ut the °.1st Ile advise, blank em' used in It 5ccljnn Ilett "no this slnl, mile. hl: crnclwrs fourths I SS{ sell, pre. minor. Q These 6 jest the ;n 5 AiZN T6 CONTRACT.—Nolle in n contract Ivith ilia city tie who has contracted with June 22, 1011. addressed to the attorney ;ply. her m not a member of the til draw Pay from another r opinion rendered by Obis that the conncilmau could h the city. The section of m•esled directly or ilulirccllp e profits thereof, or services quires n construction of ilio ed in this statute. If by lu,nn can be slid to be in- eason of his being employed `.:ent would be Prohibited. the case of A'afsaA vs. John - I 1 contract wherein it Weis dhin n Period of five yen's 11 by engaging in ilia Lumber I agree to Pay to ilia said '.Ibirs,11 and in passing upon intl•aet Imd been violated by or Limber yard sold: "The ;_ize 1be agreement, and Per- ,jCCt. To cllgnge his services smno business, la solicit amt it that marl(et., including bis ',irly within tbe.terms of the '. i business; it does not extend `. tend to interfere with the, plain90 Oil. 11 .for the can•el,ience or lir,",mwuuatiun ol'. auuuu; u, Avoill think l' te tilehlsmess, or erectly infhleucing custom." lfanrr,„Tilia opinion Ilial, if tbc•,vcit ,n rnllus,ai \brl.\voe au, ofn rine u,.:..,,,•..., ..- .--- of tile, right to cm Ploy n couucibuan to 0 on smug. lours truly, C. A. ROBBINS, Assislant A110) y Ccne'al. FIRe f llAl;I(I':IIS—$TIA( Oh'—'I'Or , OF TO 11ISTOGS—�.\I,l�11N011S.—]t is unl;uvl',ll to sell m• 1(cr.P for sale fire rrarl(ers more then e than three-Cn in five iuclics in length and mor,islo1l, revolver or dinnleler. It is uulnu•ful to sell or give any 1 or toy Pistol to n minor. June 22, 1011, 3 Ila. R. L.. APFF,L, \vnterloo, the I)e,\ll Sm: 'this will arl(un\cle,lge rcccilli of y'mll• letter of . :ilia 21st instant 1.0 the atlnrnrp general in n•hirb you request to V be ndviscd as 10 n•betbl•r 310 m•e aulborirrd under the Ina to sell '1111111( cartridges of 22.12-11S rnliher, where ilia smno are not to be used in toy Pistols or toy revolvers. ides - Section 502_8-p of the supPlcmcut to ilia code, �o0is:,lorOV w iib n ;• Ihat"nn pmsnn sball use, sell, offer for sale. or I(eeP .h aa - this slRle, any toy pistnls, toy revolvers, cops cont1stuls,�oryfire p toile, Mall( cartridges for toy rcvolvors or loI' I d 'malars mare then five inches iu lcngill and more than three, foul•Ihs of nn ilial( in dimncter." gly Section 5004 of the code provides tlmt no person sbsistll lolloto Jany sell, Present or give tiny pistol, revolver or toy P minor. These are the only Provisions of the stn Ude renting to this ower ject that I liuow of. Of coursecities nail (mens hove ilia Power u m 0 0 1000 1:13 PACIFIC I:171'011TIM (Wil car colelag down I 51,01,111 say near Twenty. in;; track. 'line ordhlawes of the city of First :tree: I shon6l say it was right there Tnwu111 require that o drlvpr. whc11 nitc•ulpl- by I'vventy-First street. That was (when I Ing to Inds another vehicle god 119 in the Santo was in here aloin here on Nineteenth street direction, should tarn n) the left, (indicating :Ill (I1011g1, w'hell I got down a Tile sole question here for determination Is little further, probably 73 or 100 feet farther whether lie net the appellant wits guilty of down, s0uwwh ,-a +Jong there, Mr. Berry, an contributory negll;•encc as a ",:tiler of haw, express11ua, with n hig outouloblie wan, was which was the proximate cause of the acct• driving along the 0nel side of Pacific nvenue, licit. coming 1,p along that side of the track. Ills The facts of this case bring It within the stand Is 1,t 1012 1'nei0c fiveulr, I luew• it rule or Ilardsha• e. gentile 1-0IrCtric Co., 42 his b0eauxe I Ilnve know,, Lim for \1;Ish. 200, MG line. 101. It wits there bell, ! was stand years null we passed ole nnot.her find saw, Thar, where Iho driver 0f nn :utomoblic ut- u,,c another every' day. I Itnew that ons teupts to cross the ii front behind u Ills %(Ami. Ile cele 1111 ilia„g theve all the loading ,treat ear. willlont using his Sell,es east side of the track. Ile w:1A driving Ills) 10 dBtiol ilio whelller at ear w'av npprWilL•9 Iran I,, -city fast, and he started to turn from Iho opposite 11lrm11013.:11111 he Cullldvs across tie tracks quick, heading lids way— with the approaching par 111unrdialeiy Uplift (Interrupted.) Q. Which way? A. Ilea!led his passing hon bt-hind the stnudiug car, Lc "mill. I supposed Ila was going lido Ills IA gaBq' of contributory negligence :is n Sunil 1,t ]DI^_ L'ncidc neenuN, that IS what I umtter of low, null carrot recover. Film • thought wns ]III, 'lest 111,111011. I ta'ned to the filets In that case are In all essential Ilanion• left, nn file city ordinance says I should turn. Ines idetical with thti filets In the prerrnt. I had the ordinance in lay pocket at that case. There, the ]ricer of the autouml,im limp; they hal been given to ale by nu attempted, while Coming down First avenue mlliclal of the city of Tit count as all hlstrue lit the city of lieallo, to ten up 11111011 street. lion to guide where to drive and how to 110 passed In nml;ing the turn the rear of a ' drive. I turned to the left to p+teA his wagon, standing car oil the inhonal track, luul fit,- II„had, had,Just els I 'rot t0 the ]find e -fill of file "interurban frolic end of the in1101lot.11c collided will, wage,,. the car, Car, caught tae. tie front cud of n street car appromi, I could not Sec it oil account of tic stile upon the cher track. \\'11110 here, the 1,p- curinlns. As Ile was coiling across the IICI1IIIIt paii front Willful the moving van” trach around that any (ludirulh,g), bended and tine accident occurred iu the sane null- biaelt that way, I was ilendpd tills way (Inds -I tier. Tile only difference. If there IA a differ• rotting all ailing). I thouglit he wits going puce, IA in the fact that in IIle Bali V.nc into his stand there, nod, Just as I got to rhe driver of tie 1111t0aubtle testified l ... c the hind end of the wagon, the Interurban he did not ltlov the car wits approtthbr:. car emtght ole." Is to the distance Ic was while In lilt- present ensu tiro appellant had behind Berry 1,t Illi time the latter Stopped.I sncl' ltnow•Ipdge. 'This fncr, If It Is IIIIIIt'rlill tic plaintiff testified: "Q. Atonal hole fill, 1,t all, would make the nets of the nppi. were yen fruit' Lim when In! stopped still? not less upgligenl than were the nets of IIIc A. I wits right tight to Lin, becnfise I driver of the nutnmuhile it, the ease ]tell. thallgilt lie was going Held. 1110119 to Ills 0111m. g1lebtlons UI'll I)Ns011(ed In the briefs. stand across that why (111dic+llillg ell exhihil)• Unit no Ily authorities elloU lint tam enurlo find 1 turned around, null hrn(left behind his slon nirrnlly reached lines further dlscua• wagon. I doll t H„ppose I wit A 30 feet flan Slott 11111jecessary. Law, mole than that, tncau Ile stopped{ pus• The Judgment Will be ndirlllpd. still• int that falx" will.„ the plaintiff turned to ilio loft foe CROW, C. J., and N10111115, liLLIS, and tic purpose of swinging nromld l;crvy's V1,;; h'ULLGItTON', JJ., collate. on, the left front of iia nulouwb110 collided with the left front of the iaC•urban tat'. - The reasonhe did not see the car appronelo-I O•Nlil Li, r. TOWN OF .1TITtf11rN et A. flag at closely was lie fact that Ills viae of, 11'110; (Supreme Can't of \\'aMhillgnl". Oct. 77, 10M.1 It wits ollstrlle(ed by 11e1'uy Y wagoll. illaintlif Itnew that IIIC CIIr \\ills approaching; 11. mumclvm, CoupU,l.mosd Q gels) -1'1111• Lad, as lie testiled, lie tlea;llt lit! load 1111101 LIC Ial'Ittl'16w 1;A"M—\'.\LrIII'rl' lir CONTRACT —IH9'1:,1Y.XT 0l, CrrY 01'1•t'mi. LO swill.,fir0111111 tie 1\'lIgUO Ili Safety. A5 III• \\'1111,'0 II pllwing cantrnrinr, nflrr till! s;n•n- readl' Stated, lie loll, not nIservell the car IIImdolm 111111 he'll elnamel FII as to roSinire a silica It lin] left 'l'wenty-First Street. IN, ofic,'ele hail. ills(epl of a roo-k bas,!, be,tol•• fit..scnrcily of work, nail after n car lulu, .f ' tc0en the tiller edge of the nidewnlh and ,If rrnlenl owuel by Ido hall Leen auulUnwel or Bevy's wag011, Its It tells standing, there was the hlsprl9or, Inll'elnul•II remrut in Ili! c;.•., it space of nboul 18 feet. Between the wagon lua rims from rmpewtilms in which tin an,p,r r and tic tii upon which the Car was 1,p. null it cuuuriluuln were interested. pnyelral I therefor bring made In Idle 0rdillnl;y ce"i r "f preaching thorn. wall S,nllieiett apnco for tic through lit Safety business, hall Out drp,vobvll opal ionyut•Ias re. fruit 11 nuloulohlle to litre Passel, hall It been coning str+lghl down ILe OUtgo- Cnjwel by file euntravlor tit--tuwu. uayor find comrilmna were not hllerestl•,I in •Got other cues goo same topic and section NU.IIIIilt .. Ii Dia. & Am. iia• ic,Y•No, series & cop•r lucveeg 11i III,. , Ilrll , i roll. Ural•,.. lar hits Io. nor I. d.1 re, I ,Wil y eid in. Illrl'ci+., t ha e, Capl•rn: Lig. 1 I VI u,,, Court. R A vif i. foulnull+. (cash. Lily of Itlellpt• is of 1 GLIB, and 0 0 Wash.) O'NICILL v. TOIV.N OF AUBURN toot the contract for Ibe Paving, so ns to read -I' ,Naha re. Is a uondrlpal cot'porallom of (bJ that contract void mulct' Item. & Ilat It fuurlh class, ; ii50, lull cuuunel for appellant inwnla- IKd. Noll -.-For other macs. see Al, .1 ed file Droctaluun at acellon i -:A, Item. & BILL CorV:u'll tions, Cc -at. Lig. li G.ii-RGI: I Code, relating In such town, 111111 Iheir Of. Ileal:v, reaulhlg as follows: "No Oliver of .quell L1. MUNICIPAL C'llllVORA'r111S, Ifi Op0.1 ["Was shall he Itneresled, directly m• I11dI•t'rf. me luruuvr>u:a-I:v-,lssyssasys- I:. b" In Only a'onl mc[ Ivlfh such tu4v, or Willi ,, qurstiun n•Imlh-r n Pn ring •' '•-t ;up' of tae ullicers tau re,'r. f l their official hila bees III.rforinad so is to -111111L the • • "` 11' ell)"11'll}', IIJI' 111 ) dUhlg nln' workwork14fll'lllah• fur to P:U'ulcnt lhel'eful', raised hp spwlal as- .•smilents, Is .at a quemiuil n0eclieg lbs juris. Ing tiny snPDlies fur the use of such town. diction to uotke the assrssmenl, but only it., m' Its ollieers In Oleos ollichfil COINIvity; an11 corrern:rrs. cold notice Laws 11111. It. Ili, plus villing that lite pruccediups shall be cnurlusira 'lop data for compensation for work done or except upuu appeal in the manner pr,),idL,l supplies or mfitrials fw iib lied la Ivhieh 11rt• thrrciu, Ibe nml•sliun c:uund be rcricwed by all such udiec' is Iueresltvl ,hall he void. and action to enjoin the p;pmlents, or to recover If audited and allowed, shall ])ot be tell,[ by thou- which have been made. 11:11. Note. -Far other ceases. sec yfm11elliol ilia II'(nlallre`r. ,kay wilifll vlolaliun of the Cogwrnlimu. Celt. Lig. t4 SIG:1-91G.i; Lce. Provisions of Ind, ,1vIlon shfi 11 Im a ground llig. i Ullfi sl for removal fruw oilier, and shall le liecwcd ileparlincnt 1. Appeal front Superior 11 In isdewB:l nor. :fall Inudshed as saelL" Court, King County: It. 11, Albertson, .judge. Oil Jane 1., 1011, the town council accept - AM ioil by J. P. O'Nei 11 aink I Oat too Town of ed the bid of the olio•-I:oldusoa Comp;np', . Aunurn old odor:v. Jullgmlemt for the de. vontr:ators, for the colstract foil of tl30 hu• fe])dnnts, and phdutllf appeals. .%jilransi. Proveacut, and soon thereafter a formal 111. 1:, Brewer, of Auban, John 11111s I)ay, cout"Hvc was Patered• No evideave Iota be,•n and 11'111 11. Thompson 111,tI1 of Seattle, fur called to our attention ludleating Inst either OPpellOul. John 1V. ltoberts, of Seattle, for the mayor or councilman lad any Interest respondents. whatever fn the contract tit that Iiwe. le.• deed, we eve not able to sec frau the hrlefs CROW, C. J. 'Phis action teas commenced of collusel that It Is serlunsly contended flat In the superior court for Klug count• by the Ina Innynr 0 cailnadlmn aIhen haat nay such plalutid•, to enjoin the town of Aulum and I lutere t, either prescu[ or prospculive. .liter Its odivers Iroill Paying for a ce'hdn atreoc talc coastt•uct loll of 11 portion of thin pave. and drainage Improvement which was then meal, II. was agrer11 petweou lilt' comlril cold being const elocd, partly Int the general ex. the cold racal rs Ih11t for the rem:duiug pot•. pewee of life muuielp:Ility, and partly upuu time of life Il ITIllelit n concrete base should the special assessment Ulna. The trial court be. substituted for the crushed rush ttnse as declined to C(altimuc In force H. restraining uriglnall)• "',recd wpou: 1130 urlg nal cv30u•at order Issued uDun the Illing of the complaint, price, however, to remain unclenlgvd. Tjo, or to Issue n temporary Injunction. The remsuu assigned for this longe a'ns that worlt thereafter continued to cmupletiotl, IoW thrro wits It dearth of vrushed trod: supply, pnyllivilt therefor was made front Ibe general "all the contractor wits ullnhle to In•ocare 11, fmajs of lam town and by local ImPrnveulcutl and. lite season being ndvnnecd, it was ])aces - bonds; It sluv9nl assessment Irn•iug been having and to the advantage of the 13111,11C that mode and conilron 1, upuu IIae uu(Ice arler she slr-cl be promptly opeuell: mud ;Ills the tnualeuremrnt of tills action mud before could be inure readily dune by udng fill' con• Its trill? 11111,11 tiro merits. The plaintiff is :1 1.1111011asc; material therefor Icing ucn llnblo. citizeq taxpayer, and owner of ve•bdu Ival Tho cnnlrndurs thea hall oil hand a tsar loud Properly chm•gel by Joe spechd nsesamrnt. Id cellular which they proposell In use It, the 1/111111 tilt' ll'IIII, he sm.11W to have Proceedel:a•Imsl-action of the t'oucrele Lose. This eL. ])poll the tbeury Unit the court should grant moat was rejected by lila Inspednr fur tilo haul relief under his general prayer rululr.l town, evidently because of Its Inferior quail. Ing the c1,nlmdol's, who were uuule dereall• t'. 'Thereafter like c1,nlraelors Were major nuts, to account for nuaeys and bon11s re• I Ilse necessity of purchasing celoput elsewhere celved by thein for the lugO'uveaelt. At file l UI coilodole the Improvement. They therellp• close of the Idai1111R's evidence, coalsel fur ml purch11srd SOHIO reuuut from a corpora• the th-had11uls ebtlllenged IIs sullleleury.I lino le. which Ila, mayor 1111.4 Interested to 'I'hla ehnilnnae u'na su4 11 mol the "fire Ihu! extent at being lira Owner of 11 consider. t11V1111NN1'II. The plululilf has "I'll oI. little pm•Iluu of Its cnpllnl duel( 111,11 also Por• 111 "'ll"Inp""ll"t unit only content 11111 of chased some epu4•at from ]) corporation ill counsel for appellant. w•hlda w'I- decal it whirl) it t'o])Ilelhllinl was Itllt'reslol it, the lieCk isar,1. 111 pallet', I, Hurt Inc contract for exleut of being it slovkhoWer old file maul. title ca111,f "Cloal of the 1111111'U\'1'1111'lIL tells 111:1.1' thereof. The 111'llll'll[ ,o parclal9l'll was void, and Idled In furnish (he coulrtielo's used by tau vonlalmors of cnulplellug Ila' iia• uu1' legal right to paym rat therefor, lutcanau Prnvruuvd. .\ppm•eulle Int' rurpuralluu" 01 of ihc' alleged Interest of Ilia nmyor mol it which Ihu umlyor Ilnd rouuclhlllln were $lul:la fovul•1Into nl 111 file tollllaacl. The town Of; buldol's, null from which Ihu reumut Was par. Wilr otloo loses see amu LOVlt and section NUlIUBII Ia List. hl,.4 Alk. Oil. ICtyNO. States 6t Rep -r Indexer 11 111 i lii'I/ I{I.I I�.,1 j111 .Ilii li': r,it I I, Il 1 •If `I L.f''.'. I I 'I 1002 186 PACIFIC Ii F.POUTGR ({Paeb. q lIoNed, were to he Pahl, unit were netnallp Payment for the lumber so sold the warrantor Paid, Toy the coutrnclno In lhe'tlsual Course of the City to 1.0 Issued, tied which were Is. of 1111slmcss. Indeed, it is not contended sued, to the contractor In payment of tile, leant Ihey niece to he !olid, or were Paid, wish contract Price of the Improvement. 'fids was Moneys, warrants or bonds causing to the all (1.110 In pumnauce of len undereumdimg contractor front the (own ill PuSinent tt)r the with the map•o•, ns such manager, before file - construction of the ImprovcmmiL Touching city tend the contractor entered Into the con. the Muller of the colic] el unitttoil by the hl- tract for the construction of the Impruvv- spector of the content which the c0utntet0rs Ilett Under these farts the contrast w;ls lend oil hand, uecessitnting their purchase of held void in thus it was In v10111tion Affection other cement, we adopt the remarks of the 05S, Bul. Code, being section 7702, Rem. t Telerate(] trial court, made ulsin disposing of Ital. Cade, relating to cities of the (bird class the challenge to the snlliclency of the eve- old their ollicerr„ whiell section Is in still• de1ce, as follows: "Mille there Is It sllgges• stance tine sonic as section 776(1 above citel, ton that tile cenlenMat loll roils by reawn of relating to towns of the fnllydl Class titin their influence brought to bear ley these city or. .deorm. The case of .haw & llodglir' V. dClals, yet there Is no proof of It; send the {Caldron, as Wash. 271, 101 roc. 272, "_S T,. court could not say ns n necessary const.. It. A. (N. 5.) 7:5, invnlviug it special nsscrs- quence that beennse this car of cement wits melt of the city' of Smohuudsh, differs froth cnndenmed ley the luspcetor, the coudetnna- the Northport Case nuly In Unit the sale of tion was Influenced or brought About by lumber to the contractor by is ficin tit which lheso defendants city olllrinls. Mintovev the umyor• of Sunholnisll was a Mother, was cony be the fact, there Is no proof of it be- II pnrsunnce of un understanding arrived let fore lbe court" '11ue a fasts we have gather- After the awnrdlug of the improvement con ed largely flout briefs of counsel for rappel- tract to the cniaro Mr. 7'lle contractor, :is hot and the reuutrIN of the court mode in lie Lite Northport Case, agreed to pay, and did disposing of respondents' challenge to the par, such firm for the lumber will warnuts evidence. Wo have felt Jnstded In taking to be Issued, land which were Issued, ley the file facts f`oin these Foureps, Vince thcy are May l0 bbn for his pe•foilm lice of [lie ('nal - apparently but tittle In dispine, laud rspccial. tract; that making payment to the uiayurs ly since counsel lune not favore'l it., %villa firm dopeendent open payment by the city Ie citations to the evidence In the voluminous the contractor. That decision shows that the sllltemWnt of i11els beu•hag thercou. lVe, court entertained tine view abut such all ler• therefore, regard appeilaut's couvutbuns a$ rangcllient volded the contract to the eSteul resthlg upon the simple filet that tilo roll- of the. Amount the mayor's Ih•m was to re- tractors purchased and Paid for In Idle usad velve of tile- wt. crane_+, though seemingly line Course of business u11ncrial to be used In the question was left 10 hu deterndurd In nm - Improvement holt corlarnllons in wideli the other case 111011 pending. Our attention be mayor and counelluum were Iueresled, %villa- also called to the decisions !n Miller V. Sub Out the existence of any understMmdng IIA to limn, :12 {Cash. 116, 79 line. 1022; -Stntu ar such purchase when the coils t•nctloll coutrnct rel. Uhdwin v. Cheney, 67 Wash. 151, 121 was entered into or when (ho cculeut was Ione. 48, old Onutenbelli V. Putts, 71 {Push. Condruulel, unit without tiny ogreemeut to 113.7, 120 Tine. 374. 'Phew decisions, howmror, Ptiy for the saute %villa moneys, warrants, or dell[ with a situation whene the couu'ilmeis houdscomdng to thecotdracuws from the city. Interest was sat plainly maldrest at the In. Does This create Such all Interest Ill tae Cull. ceptien of file C011MLL'L that we detail It ul- stnaction contract ole the part of the umyor necessary to 1100cie (liven further. and conueliann, tis will defeat the cuutrne. lie the ruse before us fru have seen t11m furs' right to payment .poll the mmplellou neither the umyor nor councilmen had any of the Improvement? Dues It render the coin Interest whatever, present or Prospective, To tract void and destroy The Jurisdiction of tile this contract let Its Inception, later tiny hater• town council to proceed thurcundef and Nly est thereafter In such cunlroct, unless $1101 for the improvement upon Its con ldrtm7 , lulerest Is to bo Inferred from Tho mere fart Counsel for Appelltnd rely Principally up• tint the I:Oulrnc'lul:s purellosed from corleora. an (be decision of this court In Northport v. lions lie which the 11ulyor quid councilman Northport Townsitc Cmnp;uly, 27 {Cash. 61:1, were lutvval(v1 rcuu let for the cnnlpletlon of (IS Pne. 201. A rending of that declAn, will Ilse Imlm,ve ent otter the cuulrucL therefor Plainly show lint the Mayor of Northport hied livela awardtit to thein ley the town, WAS Interested lin the coun•nct fro. Its very old after chnngl•s lie (lin $peellirutimis Lad imreptlon, unit tlutt his liamst 111,11 prl'lit in -en consented to ley flat, city. This ulnar, Ilicrein was dehelllent oil Ole cmitruet lee. we dilllh, dee% nl(IL wnil•nlnt Ino CllnC'111$Inl Ing entered into land Ino colo actor recriviug that the nutyov air ruuuclluuul had .lay bars, pay therefor front Ile, clay. 7'IM mayor of est In the contract fur Iho coils trial; l loll .r Sat4lgmrf. was it stockholder and Tile num.. the Impruvenvul. Nothlug but mora sur. ger of Tile cor]sr11tou that sold Iumllee to mise or susldrlun could call for tiny such this ro troelor for use lie making the lulpro•e. holding. There Is no substantial evidence Ment, Intel les such manager Ilse ogrcel %villa to support such it view. the contractor to receive, and did receive, In 171 Settle cuuleutiou Is undo touching that IV Ile1 i41t�'. 11 1 ,. oo...0 r•. . ,.. r M.:h. I pal l'pn•I •Four N: Wash.) Ill E.YE, RS Y. ALURRT 1003 proper Ile rrnrnulice of Ilia contract as affect- the pl:Jutiff In mut to certain real slate. Ing the 111S1ness of the Special Imsso.'st 11011 t. The plaloliff is ilia wt ow• of lusrph Meyers, This uundfrstly is tilt It question going to Jecensed; the defendants are Ilia exreuturs tilt. frmuhl hilt entering Into the dm11D•net, ur Of his Inst %rill mud testuurat and Ills sls to Its validity its all'oeted by Ilia interest of sons, dovlsees and legatees lu his Inst will tilt mayor ur cminrBmah, which alight Of- unit testament. fret lho lawn's 1111'Isdletiou in the matter; Oil August 10, JOGS, the plaintiff and .lo• hence It Is it taper hl bo rrriewal only syph Mvyrrs %veto! married hl Portland. Or. ea upon the hearing unit Coal] rum (lot' of the aF• Theylmd been residi]ghh Irnrtlanl solleliduc sessmeu6 (or upon t direct optical thererroin urev a your at the live of their ma'rblgl-. to the courts. Laws of ]all, Jill. •1.11, •Ifr.-,. They hall previously resided 111 5:110111, On. ..a Rnel:rr Brothers v. Isrerett, GG ]Cash. ;nit, for many years, where each had conducted I,. I19 line. SGT, 38 L. If. A. (N, S,) 5S2. Tills a bunlnese. Mr. Meyers was a widower not ,I, cooleitlua does not plesClnt II I11o•stloll of ole Glitter of the SIS Solis he•ejollefore mel. it Jurisdiction, but simply a question of the tioucll, Ile issue or n former marriage- Tlw V. correethheF5 of the judgment of tile. cmllm•il pllhinii0' was lite mother of two children by 1,- lit accepting the R'ol'l: and confirming the :is. +I previous marriage. A few days prior to sessulett roll, which Judgment must be re- the marriage, the plaintiff and lie. Meyers lu viewed. If nt all, upon appeal to lila courts ns ,•DtOcc.I hto a written atle11uptial ngrecolent „f provided by the Laws of 1011 above cited. by which she was to receive the sum u[ •p We are of Iia opinion that there Ins been $10,000 at his death. On August CII, IMI.S. ,, no such showing as warrnuts the haldiug tint JIr. )fey'ers, accompanied by the pinintiff, ;61 the town oticers hill] no Jurisdiction beca nse went to the Bane: of California, In Portland, ;,. of the alleged inralidit• of the contract rest- where ire opened a Joint cheekiug account in +Is lug upon file alleged Interest of like mayor bis and his wife's ]nines. At this time I;d unit emllhcilman therein. $1,000 was deposited III the account. Both •11 The Judgment Is affirmed. were authorized to and thereafter did draw he checks on Iihe necount iit their individual +1: PARKER, MOUNT, aid COSP. JJ., con• names. Thereafter certain sums were lie. Ito cur. posiled nggrogntiug several thousand dollars. The amu of $100, money the plaintiff received from lid•- stile of furniture prior to her mar. • JIFI•RBS v. ALBERT at al. r1a;a., may have guile Into this fund, n]su ill (Supreme Court of Wit. Oct. g0, 1018J $1,000 which the pinintiff testilled Mr. May. .,,. I; 1. IlrsaAsu AND \Ctrs GI 15:1°)—COlI>IUNITI' rn g+n-u her its n n'edding present uu Ilia day of Ihah• marringe. All of the other depuslls, ni• . I It]varn'. Where money enrnl-d in a forl•ign Jurisdic. w'Rh the exception of the rentnis [coal Ihl! Is tion by it hushed or vvIA- is brombt hill) tilt, Olive Apnitlueuls, were the proceeds of prop. D% I stale and invested in renit. title thervtu inures arty tequleel by \B•. )layers prior to Ills ra 11t file sponse Mollie money writs so Invested. till and to lie piled The p1nifrom ICI [Ed. Vote.—For Olt cosec, sen IlivIlmiul2511." and Wife. Crab 4 Ull; Dec. Dig. (CeJ.•1 Nil'. ileY to. Nil'. yfe)'ers cuntinnrd In draw from tills ni •O. 3, lh-) Girls 14 1S°)—Ural rexv_Ntctxshrr. cemlt alma [heir hWiv91hm1 check uulil Wa "r• vivo ronslitlle a gift there Inuit be a do- latters death. After his death the plaintiff •ni s livery, rilhor natant or ollilbolieni, wbieh passes draw• from the account tike $mall b;llmlce rr• Bi•"' dominion and control or ilia subJeclanniter to the dan0e' mottling. On olid prior to Ilia dale of ilia mi• \ale.—Icer other ease., Fvo Gifts, Cant. opening of lids account, and up In Inn (tate IF,d. 11 V. 61 2:/-n:l; Dec. Dig. g 15.•1 of his death, Jar. J[0)'ecs also had In, nc• Oaf :I. Mn.q if ::0!J—lyra•usrra—Ilma.n•rarc. count with the Capital National ]lank at Sl)• my- Where noao•). is supplied b))• a person for leu, Or. This account was lit Ids Dome only, In . file fine op11ing of n honk ncruilnt in till- Dome of null Im ]lona Grow checks upon It. Early hiuhsAf null nnuther, darn laying nu equal right m draw thereon, title lu the necount does no[ hh September, otter ilia marriage, Mr. nod lirin pass from the person supplying the moue)' to Mrs. Meyers ween: to Bale i, Or., where. they urn the other. remained for two or three weeks, then re• T+1• rl'.d. Note.—Fnr olher roses, Fre fills, Cent. Bn•med to Pol'Ihnd, nine Inn ocllloley there.alit D g, 9411-57, Iia; Dee. Uig. $ M).s1 after went to Tuppenlsh, Wash., to visit the I or Deparinmut2. Append from Superior Court, daughter of the pinlnllff. From 7•oppe]Ish .fill. King Comity; Klug Uyhemnn, Joliet.. they w'cut to Seattle, arriving probably early a'a• action toy %ennlde Meyers agniust Jahn It. In October. Durhig the greater portion of It :Albert and others. Froin a judgment for do. [lie four weeks that they renalled in Sent• ue. fendauls, pinhhliff appeals. .11lirinad. Ila they learn residing with n relative of .lot Shol'ett, 3101anr11 C Shorett unit F. A. Oil. Mr. Meyers. While It. Scullin they po rhnsrd h•V limit, till of Rvatle, for appellant. Fal -Veli, Ihu pniperly In question known its ilia Olive 1su1 IGme fi Slrotton, of Seattle, for respondents. Apartments. The purchase price vvns $;5,000, fill of which, except the lint pay. h MAIN, J. Tills 1101,111 Wits brought far the m ent of $1,000 and a Inter payment of $8,500, 1° l-• Pnrpam -or having deterinhud Ihu hder0st of wits paid out of ilia Joint account In tho fill, °Iver oQnr CWCC COO CCWO tCpla Cnd section NUsil Lu In Doc. ply. A Am. DIC. Rey Vu. Series k ROD'r Indexe. •.'.t 0 0 30 Cal. 301'P.1CIP9O ItEPORTISR, 2d Slilill•'s G. Contracts 0=132 CITY OF OAKLAND v. CALIFORNIA Any agrceunrnt Which tends to deprive CONST. CO. government of congwtitinn In bidding is "a' 1nu•ful, anti where It Is sIlOw" t11at bids S. F. 14699, 14700. rondo were collusive nod a rontrnct Is Supreme Court of Califon{a, awarded by public orileers in Of ignnrmure Slum 27, 1010, such combination, resulting contract Is Vold as against "public policy." &.loll, P. 730. I. Contracts C'123(I) 1'nblic Officers must lot be Inlerestrd in may contract made by them In their olii- cinl cnpncity, or by nay body or board n[ A•hicb they are memuers. Po1.Codo, § 0"-0. 2. Contracts c5123(I) Contracts hl violation of rule tont P111"• lie (,Ulcers 11111.,t tint be interested In m4' Attract made by them in their olocinl Co. poetry are vold as ngninst "public Policy" nn ground that interest of officer interferes with uubinsed discharge of bis fluty to the public, and that contract in vlolntioa of ex- press statutory provlslou Is void. Pol.Code, 5 0^_0. Sea Words and Phrascs, Permanent Edition, for all other de0nitouS of "Public Policy" 3. Municipal corporations 05375 in action by city t1 recover proceeds Of street 1lnprovmncut contract, CnmPlniut which alleged Unit n cununissiuncr who was member of city cnn,1cil was in employ of call - tractor as on attorney was dennu•rable, t t nuuisslouev 7. Municipal corporations 05375 In lienal by city as trustee for proper- ty nwners to recover Proceeds of street im- provemellt contract, COMpiniut which alleged that prior to city's call for bids )living earn - Ponies, Including the deremomnt contractor, entered into rnMpb:tcy to contol street wort: in too city and Inff41tc prices ny re' frabdng front couq,eti[IVe bidding, and that bmillso of such unlawful co ibinatl0n do- felldint AVIS the lowest blddor and was awarded tine contract, Inare(I Canso73 t nc lion. POI.Codc, 5 020; 0. 51unlcipai corporations C'375 The suture Providing [lint retina to cor- rect any assessment o• to gllesilou valnhty of nssesstllen[ or to L•nJ0111 Issu011ce Of bmuds for street Innprnernu;llt must be brought wltbhn no clays after recnrdiug of assessment was blIPPIleable to action W city its t•ns- tee for lnoperly oVners to recover proceeds of street baprovenlent. e011tract wllleb tens allegedly Vold because of contrneturs con- spiracy to refrain from connpetitit•e bidding. POI.COde, 5 020; St.1023, P• 117, 5 20. whmo it was not Alleged t laco voted to award contract or that he lint[ an interest in contract at tine It was award- ed. Pul.Colle, 5 020; St -1011, P. 730. 4. Contracts 0590 Fraud (531 1\'11011 one makes a cout•act upout rvi re- scutadoos in nature of 111duccunents h1 enter into it and there is Ila 11115111111N.E tllllllllg ns to Its nature, contract Is voidable but not Vold, and in sada enso if contvact has been completely executed, Injured Party's rmuody is all action for dnnmges. 5. Munloip,1l corporations 05375 I, city's action to recover 11"OV11 do of executed Street Inlproveumot contract, com- pinlnt wldch alleged tont contractor mndc false and frnudulcnt r,gn•cacnlnl 10,15 to elrect tout it woulul perform wol,h mud tovioh mu• terials according to xlKcilh•aliuuN, 411141 toot It bad 110 Intention of doing So, was donor. ruble, Since contract being exernled, city's rrmr0y was 'M nrliol for dnumgos. Pol. Code, 5 020; St.1011, P. 730. 0. atunicipal corporations 05375 .1 city as ttvstee for proPerl7 owners had legal capacity to nmintalu action to re- cover proceeds of street Impruvenlent con- tract allegedly Vold because of contractors conspiracy to refrala from competlttte bid- ding. St.1011, p. 730; Code C1v-PfOc. 5 300. In Bank. Appeals from Superior Court, Santa Clara County; Robert R. Syer, Judge• Actions by tint City of Oakln ld, as trus- tee, against the California Cunutt•uction Compally to recover proceeds of a street improvement contract, wherein defendant ut fled demurrers. Prom judgments for de- fendant, plaintiff appeals. Reversed, with directions. P. J7vrt Pcrnhoff and C. Stanley brood, City t\ttys., and Juin W. C011icr, Deputy City Ally., all of Oakland, for appellant. Humphrey, Scarfs, Doyle & \ineMillan, Morgan J. Doyle, and George N. Crocker, , a w.'q"i7�, ni;1�01)tr lr%yr�:;r rf fdrr.- 1i"'T.,;. 'i 1„�� ,� tt r,�(, i rnr r�•�:'.'u t^ n ”^r/••u� 1 L } ;n•n•r. nn• bid? 'C Is 'c of raid 1;G. CITY OF OAKLAND tat lA d 3roltNJA CONST. Co Cal, 01 all of San Francisco, and Prank V. Camp- work performed by the respn alent, was bell, of San Jose, for respondent. carried upon the contractor's payroll. As ;; EDMONDS, Justice. result of the "fraudulent and corrupt" acts of the respondent and this inspector, and in The question for decision concerns the ftirtherance of its "fraudulent intention", it right of the City of Oakland to recover did not perform the work as it had agreed the proceeds of a street improvement con. to do. More specifically, the city asserts, tract. In each of the two cases which the contractor poured loo nmch concrete have been consolidated "poll appeal, a de. each day for producing pavement with the mutter was sustained without leave to proper finish, maintained a force of in - amend, and the appeals are from the judg- competent workmen and finishers, neglected meats which followed those orders. to mix the concrete properly, used defective In 1928, the respondent, a paving contrac- material in the gutters, and in various other tor, was awarded two contracts for street respects did the work in an improper mail - work to be done under the provisions of ner. the Improvement Act of 1911. Stats.1911, As the third cause of action, rite appd_ p. 730. One complaint is based upon the lint alleges that prior to the city's call for contract for Greenly, drive, the other upon bids certain paving companies, of that for Columbian drive, but except for which the respondent was one, entered into a conspir- the particular terms of these contracts, the acy to control the street work in the City same, facts are pleaded in each case. 13y of Oakland and inflate prices to be paid separate counts, the city alleges that the by property owners by refraining from contract sued upon is void because a mem- competitive bidding. A number of her of the city council which awarded it acts in furtherance of thovert e claimed con - was in the employ of the respondent, the spiracy are pleaded in detail. By reason of respondent secured it upon false repre- this unlawful combination, the city cont- sentations, and the work was obtained as plains, the respondent was the I w st bid- thc result of a conspiracy among certain der on the proposed improvement and was Pavfug companies, including the respond- awarded the contract. eat, to control the street work of the City Later, dm complaint in the case mncern- of Oakland by refraining from competitive Lidding. ing Greenly drive (S.P.No. 14699) con - According to the allegations of the coni- tinues, the superintendent of streets filed plaint, "for a long time prior and subse- an assessmcnt to meet the cost of the int- , qucnt" to the confirmation of the street provenicnt, and following its levy the rc- superintendent's assessment for the work Eugene K, Sturgis, a cothe, sp°ndcnt sold and assigned the warrant, superintendent's of diagram and assessment, and the bonds is - City of Oakland, and as such a member sued thereunder for approximately $27,_ of the city council, was in the employ of 500, to which amount the city is entitled the respondent as an attorney. In that ca. as trustee for the owners of the property Pacity he rendered legal services to the nihil tiro assessment district In the oth- respondent with reference to this street er case (S.P.No. 14700) lite contractor is proceeding, his compensmion being a per- said to have received approximately $63,- centage of due total costof the work to be 000, and judgment is asked in the same performed under the contract. According form for that amount to the city's allegations, because of his in- The respondent's demurrer to each coni- terest fn the assessments levied and bonds Plaint specified, as its grounds, that it clots issued pursuant thereto, tine confirmation not slate facts sufficient to constitute a of such assessments is void, cause of action; that the court has not In support of its second count, the ap- lurfsdiction of it or the subject of the said pellant pleads that, for the purpose of sc- tiction; that the city has not the legal ca - curing tine contract, the respondent made ""city to sue; and that each of the causes false and fraudulent representations to the of action is barred by the provisions of effect that it would perform the work and section 26 of the Improvement Act of 1911, furnish the materials according to the spe- as amended in 1923. Slats,1923, p. 117, eifiealions, but that it had no intention of The respondent also specifically demurred doing SO, Continuing these charges, the to the first cause of action upon the ground .city alleges that during the time dna pav- of uncertainly. ing was being put in, nue of its paving in- [I, 2) It has long been the law of Cal• speclors, who was assigned to inspect the iforuia that public "dicers "must not be Oat 761 PACIFIC I11:POItTER, _d SERIES 32 ...i 6., interested in any, contract mad, by then, ill for the work. But before the contractor the contract, the their official capacity, or by any body or Pul. are members".Code, had done any work under board of supervisors rescinded it and re - far board of which they see. 920; Berka v. Woodward, 125 jected the contractor's bid. That is a from the facts Pleaded Cal. 119, 57 P. 777, 45 L.R.A. 420, 73 Ant. 1'. & S. Co. v. Wheel- different situation in the present case. There the contractor St.Rep. 31 ; Stockton 229 P. 1020; Moody sought damages for breach of contract and e. 68 CaLApp. 592, Shufticton, 203 Cal. 100, 262 P. 1095. be - it was held that he could not red. cover er re the �eitytlis v. Contracts in violation of thisrule are eheld I work has Contract weed vaad tile void as against public policy , the ground that the interest of the officer- suing to recover all of the consideration the ground that be - interferes with the unbiased discharge of (\iclsen Y. Richards, for the contract upnn cause it was not faithiully performed it is dcalur- his duty to the Public 75 CaLApp. f>,50, 243 P. 697; Stockton P. & void. Upon this cause of action the was also properly sustained. S. Co. v. \vhceler, supra), and also that a rcr contract in violation of an express stat[: [6,73 The third cause of action Pre - tory provision is void. Smith v. Bach, iS3 stints a different question. Proceedings Cal. 259, 191 P. 14; Duntley V. Kagarisc, under the Improvement Act of 1911, supra, 10 CaUpp.2d 394, 52 P.2d 560. include an invitation for scaled proposals [3] But the city does not allege that or bids upon the proposed work. The Per - is a price Mr. Sturgis was tlee respondent's attorney pose of such bidding to secure Any agreement a t the lime the contracts were awarded to statement upon, this based upon competition. which tends to deprive the government of ft. The specific he time of the execution Point is that, at t le competition in bidding is unlaevful (Swan Chorpenning, 20 Cal. 182; McMullen V. Of the contract, was both a member an employee of the v. I-Tofimm�, 174 U.S. 639, 19 S.Ct. 839, 43 L. Of the city council and It is significant that Ed, 1117), and where it is shown that the is construction company. does charge him with voting bids made were collusive and a contract the city not to award the contract to the respondent awarded by public udicers in ignorance of the resulting contract The facts pleaded do not show that 81r. such a combination, Policy - is as against Public Policy. Morgan Y. Sturgis had an interest in the contract at void Gove, 20G Cal. 627, 275 P. 415, 62 A.L.r.. the time it was awarded, and do not state a the ground of his 219; Dillon oiltic \ 11 cause of action upon disqualification. The demurrer to this cause 5;r JuQjjillinSth 81, P, on vol. 2, sec. 731, p. 1165; a904 rTIlettiliaons' of action was, therefore, properly sus- 132GIcp ations of the city tained.tate s a cause of action under these princi- e second cause of [4] Concerning tile Ples. action, when one makes a contract upon of induce- [8] However, the respondent contends representations in the nature into it and there is no misuo- that any rights tine city may Lave had to ments to enter derstanding as to its nature, the contract is sue upon the contracts are barred by the 26 of tine Improve - voidable but not void. \Vilson v. Southern 46 Cal.App. 738, 1S9 P. provisions of section ment Act of 1911 Is ;upended in 1923, Stats. pacific Land Co., 1040; Burns v. Grosvenor Inglis Corp., 1923, p. 117. This section Provides that an "to avoid, anmtl 120 CaLApp. 653, 8 P.2d 546; Williston: "On Contracts", sec. 1488; Restatement of action set aside, called, or correct any assessment or reassessment, the Law of Contracts, sec. 475. Under or to review any of the proceedings, acts, therein, or to question the such circumstances, if the contract has been or determinations the uion of the completely executed, as in the Present case, validity of, or to a reasseessmssments, or to the injured Party's remedy is an action or said assessments or enjoin the issuance of bonds to represent for damages. the same", must be brought within 30 days [5] The case of Minter v. County of the recording of the assessment.1082, Santa Barbara, 110 CiI.App, 698, 293 P. by tin appellant, arose after Ilowcvcr, the present action is not one The city relied upon found that a contractor had within dee terms of this section. when it was increased his bid to an amount which in- docs not seek to set aside any assessment, increasedany "proceedings, acts, or de- Chided a sum estimated to be the differ- or to review concerning the method of between the par vahm and the near- terminations" bonds to be taken in payment meeting the improvement's cost. It docs kct value of 7 , 1 , I tt' , L EI leo, .. rarer j 1n ,.• ode:+�i prop •: und!! gull) i fold'. E4 I, 7 04V,f`1 ...i 6., ,: tirty7 5 .rpt •q, 7 , 1 , I tt' , L EI leo, .. rarer j 1n ,.• ode:+�i prop •: und!! gull) i fold'. E4 I, 7 • Lblll lu. 1. n .i�j'y' 10t 1.3,133 not question the validity of any assessment, 2. E `Ib`zzsteme no 4y11'2) o0lcer but as trustee for the property owners it g n puhlie fraudulently seeks to reach money alleged to have been 1,011ILY of embezzlement wllo collected by the respondent upon a void nppraprhates tiny proper'ty which Ile Ines In contract. If successful in its action', no as- )Its possession or under 111.4 conduit by rir• the sessment would be changed and no bond tae of nix trust is emuplcaemary of would be affected, but lite property owners statute which denmulcex, ns a felony, tally misapplication of public money b,• in the assessment district would have the possession of county's money, had author- benefit of any money recovered by this city charged with Its "receipt, safe-keephl„ Pen.Cude, f) in their behalf. [rnllsfer, or disbursement." [9] The point that the city of Oak - •134, 501. land has not the legal capacily to sue is al- 3. Embezzlement c=0 so not well taken. The facts of the wen- The statute nmkiug n puhlle officer are substantially the sanne 15 dense guilty of eu0>ez3ieoeut Who fraudldeutly an - plaint shown in the case of City of Oakland v. propriates any property which lie has in bis De Guarda, 95 Cal.App. 270, 272 P. 779, 273 possession or under his control by rir[ue of R 819, where it was held that under the his trust was cuncted to make It a crime for provisions of the Improvement Act of 1911, one who, 111[1100911 not having passession at supra, the city is a trustee for the property publle funds, is h, such control of theta that owners within the assessment district, and he call appropriate money for his own pur- it may maintain an action without tine tie- poses- 1'en•Code, 150"' eessity of joining the persons for whose 4 Criminal law 0324 bencht the action is prosecuted. Sec. 369, Conclusive presumptions mid estoppels Code Civ.Proc will not be allowed to prevent proof of the Tile judgment is reversed with directions corpus delicti. to the trial court to overrule the demurrer as to tine third cause of action and allow the 5. Embezzlement a to answer. 'nioiC- 11, murty auditor for em respondent b1 lit Admission of evidence concerning We concur: GIBSON. C. J.; SHENK, J.; CURTIS, J.; CARTER., J. o ym.u"nunn,. r czr• cmc , falshy of facts stated by auditor In two claims for money Advanced in parinent of oflice expenses, Which claims We•e mppl•oved by county heard of supervisors, was not error, since rule that deterndn11tion of n county hoard of supervisors that 0011IR' has Incurred an indebtedness is final, If clall, slaws on Its face that moonlit is clearly chargeable to county, Is not 11pplicable In a criminal prosecution. Pen.Cude, 1 504. PEOPLE V. KNOTT. 6, Criminal law C=I 172(0) Cr. 4272• In clnbezzlen,ent prosecution, trial court Supreme Court or California. did not Commit error Ili 61111119 to AMC In ,July 2, 1040. instruction on restoration of pr0l"TtY em- bezzled Unit such restoration "authorizes Itehenring Denied Aug. 1, 1040. court to ndtignle punishment In its discre• I. Embezzlemont C=0 tion", since if such ndditlonnl words had A county auditor, who, although not in been used, Instruction would have beau possession of county's money, had author- prejudicially erroneous. Peu•Code, fix 504, Ity to Issue warrants paynble by the treas- rya, liter hall "control" over public money with. 7. -Criminal law 01037(2) In Meaning of the statute making a public Defendant could not complain of stnte- Ol Iver w•110 rrmululently misappropriates tiny ment by district attorney In his closing nrgu- properly which he las In Ids possesslon or inert to Jury, where defendant objected to under Ids control by virtue or Ids trust the stntmnent but mode no, request tont jury guilty or embezzlement. 1'en.Code, 1 004; Ile nduumished to disregard IL i'oLCnlc, fi •DOh Seo Wards nud Phrases, Permanent S. Criminal law Ca730(7) lidition, for all other defrdtious of. In embezzlement pr'rsemnion,-Innmlent "Control". of district attorney Ill Closing arl;llae t that 101 P,2d-3 1( II. •f"� .+',: •i'l�. 'i5'.1.11i11 'i 'i. r, of 1' A i. ti's •. • ., s,.t :.: i' n�' •:,, ':, or .. . 296 ArPELLATE COURTS ON ILLINOIS. Itcascheu v. Board of School Inspectors, 267 111. App. 296. a chattel mortgage. It Was untlerlaltcu in good faith, admittedly complying with all statutory formalities of iciciiorlcdgnlolt and recordilie. JVC Lace examined all the objections raised by the appellant and rifler all examination of the record, and of the mrioas reasons ussigned by the appellant, are - -.'are of the opinion that the jnrlgnlent of the county court of Iiankultee colnity should be affirmed, uLich is accordingly done. Jurlgalrn t afrmed. Laurence H. Henschen, Appellant, V. Board of School Inspectors of School District No. 86, Will County, Illinois at al., Appellees, Gen. No. 8,451. 1. PLCAM -0--1111111 ndmffted by dcrnurrm Demurrers to a hill of eonploint admit the truth of all Ihu things that are well pleaded hm such Lill. m. CONTRACTS-1114cn void for illegality. A contract made bl vlo- bition of an eXpress staluilay provision is inoperative and void. 3, P9uup coNTUACrN—u•Lrn interest of officer (loci not invalidate. 'Where lbe letting and esecmlion by a district board of arhoul inspectors g of cmtrucls for tile lwpnn•bng, nairing, and building of nddilioas to reouin or the distrirl is scLunl buildings were valid and legal, the mein fncl that, Ill the course of the work, ilio cu tractors, at fair prices and without illy fraud, rulln'Ann, or previous understanding, purchased cut stem and other materials to be is on Ilio school buildings train a :. corporation in rrldrh ours• of 1.Le so] wul iusprclorn rens a sluckbolder and officer dill mill reader 1`111:11 vac of lla ingw,lms Ilunm4ally iudr':Fted, In violation of la,v, in ilia school Building caldua•IF :•ml trtrnarticcl)' inT;didnlu ❑io IRlli'p Fn its In rel life a 1csLlot Insp:q•rr of Ihu district la cnj..iu Ibr s.•baul Bunrd from ..abing fadfiwr p:q....... k Io Ibu rorpu- +...., - ralinu fur oahvals fan.i+b d and h. Inns, v n,reunl ink amt rrL •.I Ly the vorpuratimu uud ill. rauna.dm: .d p.p..'04 I.. it'll orpnmlo", al ready muds. 1. Ell mrY--a•hI'll drrn:u fro 0 ... Imm n;lainxl 11 mopp, wring defend. only properlll return. Cnunph,;-,.nt hili cul el.iltlyd u. n 1.,.odl :,..d SEcoan D1s1 mcT- JULY, 15:1:?. 297 IIenselnen v. L•oard of School inspectors, 267 111. App. 2296. a decree pro cmlfesso against monappcariug defendants where there was nothing peculiar in such defendants' relation to tLc case, tla demurrers filed by the other defendants were sustained for want of equity in the bill of complaint, and the court's decision in sustaining the demurrers was a final decree effective against all of the defendants. S. PUitl.ie COXT•nACfs-101cu purchase of materials docs not invalidate construction contract. No statute prohibits or in any rammer limits the rights of a contractor who in gond faith obtains a public contract there- after to purchase his material or supplies from, or to do business with, a person who, or a firm or corporation a member of which, may be a public officer and connected will, the public body through which the contractor originally obtains his contract. Appeal by plaintiff frons the Circuit Court of Will County; the lion. YueueurcK A. Ila.l., Judge, imsiding, llenrd in this court at the Oclo- bar terin, 1931. Afirmned. Opinion filed July 29, 1952. SAMUEL IV- K1Nc, for appellant. JOHN c. cowNG, for certain appollw% FRANK J. Wish, for ccrtnin otber appellee. \111. JUSTICE .TINT r1C1ico•ed the opini0n of the conA. 'Phis is till nppelll 171-0111 a decree t•nlor.l by Ilia cir- cuit Court of IVill county dismissing the bill of Lm1r- Once 11. Hellschol, appellant, in his cnsc against board of school inspectors of School District, No. 86, IV -ill colnity, Illinois, and Ilia nlonbel:s of said 1'.oard, manle- ly, James L. Longley, l Tal -ley .1.Hall, C. 11. Olin, L. A. Tou'ralin, 11'nl. 1). lliekcy, J. p. \learnt, John G. Bren- unn marl \largarct )V- Skinuo, ns ;let""' trensturr of said hoard, old alio against Adan! Crolb if Company. n co•pol•alirnl,'guest 11. Swru<oll Purl hulls C. ]lip pus, appellees, and entering nn order lignin:, iho said Tdnnenoc Il. ITOusphen, appelllnll, for costs of snit. LI hi • said hill of c1.111p1ninl 111• shill d,anrenec. 11. llelmllen, atgd•Il:nih, mains., olio, thing, alh;g0s illat Ile is a rosillCnt of Will conuly, Illinois, within Ow lerri- torial limits of ~01(101 Districl No. R(i ill snid county 298 Am-ELLATn COUIITS OF ILLINOIS. nenscheu Y. Board of School Inspectors, 267 III. App. 296. and was and is the owner of property within said School District No. 86 on which taxes were levied and collected by the hoard of school inspectors fOl file year 1927 and since said time, and which said taxes were paidby the complainant; that the schools in said School P y 1 ; . DistrieV No. 86, at the time of the happening of the matters and things in the bill of complaint alleged, were eider the control of the board of school inspec- Aors of School District No. 86, being seven in number; that Margaret 111. Skinner, one of the defendants, was acting as treasurer of said board of school inspectors; S, that.said James L. Longley is and was, at the time of the matters still things charged to have taken place in said bill of complaint, a nncmber of said board of school ' inspectors of said School District No. 86, and was at Said time chairmai of its building committee, which said committee had charge of school buildings and the erection of new buildings in said district; that at said time the said James L. Longley was a stockholder and an officer of Allam Groth & Company, a corporation, one of the defendants, and was holding the position of pyesident and was acting as its general manager, which said company was carrying on the business of furnishing, cutting and selling cut stone and other `biuililing materials; that in June, 1928, said bonrd of school.inspectors advertised for bids for the improv- ing, repairing and building of additions to the Farl:•1. -gul, A. 0. "farshnll and Woodland school buildings, and thereafter the snid board of school inspectors let ;tlieeonlracts for the improving, repairing and build - ]ng of all addition to the Farragut school building to Dallas C. Bippus, as gune'ni contractor and our; of the defendants, and to Ernest. IT. Su•ensml, ,nertil con- trnetor, for the improving• repairing ant] building of `ndrlitio li to A. 0. "fnrnhall and 1Poodhonl scllnol build. ]ngs; that said Bippns t.horeafim• entered upon the per- formance of file contract for his work on turn Fa•ragnt sohoel building and Swcusol edered upon the per- Si,coND DIST'RIOr--JULT, 1932. 299 ncnselm, v. Board of School Iaspectars, 267 111. App. 296. formance of the contracts for his work on the "Marshall and Woodland school buildings; that the said Swenson, in accordance with the prices and estimates furnished by said Adam Groth $ Company, a corporation, let and awarded the contract amounting to, to wit, $2,400 for the furnishing and supplying of cut stone and build- ing inaterial oil the Woodland school building to Adam Groth rC Company, a corporation; that said Swenson, in accordance with the prices and estimates so fur- nislied by Adam Groth & Company, let and awarded the contract amounting to, to wit, $3,100 for the fur- nishing and supplying of cut stone and building ma- terials on the 1Lushall school building to said Adam troth & Company, it corporation; that the said Bippus, in accordance with the prices and estimates furnished by said Adam Groth & Co ipany, a corporation, let and awarded the contract amounting to, to wit, $7,000 for the furnishing and supplying of cut stone and other building material to the said Adam Groth & Company; that said Adam Groth & Company, in necordance with contracts and orders placed by the said Swenson and Bippns respectively, entervil into the fulfilment of the same and delivered said out stone and building ma- terials to the said school buildings for the sums of money as above set forth. It is further alleged that Longley was a member of said board of school inspectors of said District No. 86, and was chairman of its building committee and as such chairman had nctive clinrge and mmnagonent of matters and Things pertaining to the handling and Operation of the various school building., of said dis- trict and po'tnining to the erection of said oddit.ions to Ilse said I'll rragot, Woodland and Marshall school buildings, null in his enpocity as such member of the board of school inspectors did, at a meeting of said Load oil, to wit, the 2^rd day of July, 1928, move that the bids for the creef.iun of file addition to still] Wood- illlld school hnihling be opoaed, wluich motion was car - r; 300 APPELLATE COURTS or ILLINOIS. IIenschen Y. Board of school Inspectors, 267 111. App. 296. ried; that Longley did thereupon vote for the motion r to award the general contract for the erection of said addition to the Woodland sebool building to Swenson, which said motion was carried; that Longley seconded a motion that the attorney for the board draw up a contract for the said addition with said Swenson and - that the president and secretary of the board be author- ized to execute the same on behalf of the board, which motion' was ca'r'ried; []lot Langley, on July 30, 1928, at a meeting of said board, made a motion that the gon- eral contract for the addition to the Parragut school building be awarded to Dallas C. Bippus and voted for said motion;whielnwas carried; that said Longley, in his capacity as a' member of.said board on frequent :,occasions did thereafter Int various meetings of said board make motions for and vote for various payments tube made on all the aforesaid contracts to the said Swenson and Bippus; that the said Longley, at the time aforesaid, was a stockholder and officer in the said ,:.Adam Grath & Company, n corporation, (and was and ' ,atilt is actively: cagaged in the management of the 'r'affairs of said Adam Grath & Company as its presi- dent. The bill tbon charges that it is contrary to the stat- ? ytttes, the common law and public policy of the State foi' any member of any hoard of school inspectors to be interested directly or indirectly in any contracts or OI'dCls with said baal'(1 OG school inspectors or school district of which he is an officer, And that the action of tile, said Swenson and Bippus in placing Said orders as aforesaid ,with the said Adam Grot.h & Company, a corporation, for tile furnishing and delivery of stole and building materials to the said school buildings was void and illegal, etc. The appcllaut in his said bill prayc(1 Ibat upon a final hearing Ilia nppcilees, their officers and agents may be resl.rained by injunction from paying any farther un oonls of money to said Adorn (roll &Company, a SF.CO\D DISTRICT—JULY, 1932. 301 1Ic11schen e. Board of School Inspectors, 267 111. APP. =96• corporation, upon any of the alleged orders or con- tracts which said appellees Or any or either of them may have had for the furnishing of any cut stone or build- ing materials to said Woodland, A. 0. Marshall and Farragut school buildings; and further prayed that the said Adam Groth & Company, Swels011 and Bip- pus may be required to account to said board of school inspectors for any and all amounts of money which may have been paid, or may be paid during the pendency of the suit, to said Adan Grath & Company, on any of the alleged orders or contracts for furnish- . iug cut stone or building materials to any and all of the aforesaid school buildings, and may be required by a decree of the court to refund and pay back to said board Illy and all payments which have been paid or which may be paid during the pendency Of the suit to said Adam Groth & Company, on any of the alleged orders and contracts for the furnishing Of cut stone or building materials to tiny and all of the aforesaid school buildings. To the bill of complaint all of appellees interposed (demarre•s except Swenson and Bippus. 'Phe demur- rers were argued and f lk(M ander advisement by the court and appellant presented to the court his motion for a dofnult of Swenson and Bippus for a failure to appear and ])lend to said hill of connplaint, and for a decree pro confesso against. Swenson and Bippus. The court entered decree-11Smrors to the ug bill and denied appcllnllt's motion for default and decree 1n•0 col/esso against Swenson and 13ippus for wad of equity in said bill, and appellant then elected to stand by bis hill Of complaint anti the court dis- missed the bill for nwmnt of equity ns to all of Appellees in the chime and forthe• ordered that appellant pay the costs and Ibail, excellion issue therefor, and This Appeal )'allowed. ,Yhe demurrers rldnlit thu ta•utla of all the things that are well pleaded. it appears that. nppellce, Adan I':' 302 APPELLATE COURTS OF ILLINOIS. Henschen Y. Board of School Inspectors, 267 IIL App. 266. Grath & Company, is and for a long time past has been engaged in the business of furnishing cut stole and building materials; that James L. Longley, presi- dent of Adam Grath & Company, at the blue of the commencement of this shit and for ninny years prior thereto, was a member of appellee board of School in- spectors of District No. 86. On or about June 23, 1928, the"said board of School inspectors lot contracts for the improviing, repairing and building of additions to the Farragut, _)Marshall and Woodland school buildings belonging to said district to Ernest H. Swenson and Dallas C., Bippus, general contractors. INTO question is raised by the bill of the appellant as to the validity and legality of all of the proceedings incident to such letting and to ilia execution of said contracts. Swen- son and Bippus proceeded to carry out their respective i' contracts and in progress ilno•eof purchased cut stone and building materials to be used in said buildings from Adam Grath & Company. In the purchase of said out stone and building materials it is conceded that there was no fraudulent practice and that the prices paid for said muterinls to Adam Grath & Com- pany were not excessive and in no manner wo•l:cfl to She detriment or hardship of the hoard of school inspec- tors of School District No. 80. Appellant seelcs'by reason of ilia allegnt.ions of his bill and argument based thereon to draw the infer- ences that the fictions of Longley in voting payments. to Bippus find Swenson made him and his employer,' Adam Grolh & Company, financially inle•oslal ill the 'original contracts. Thee is nothing in the record to dispute the fact t.hnt Rt the time of Ilia letting of the Original contracts 10 Bippus and Swenson Marc was no agreement or understauding nn ilia pill-(. of said con- trncto•s with Adan Grath & Company coiccrcing the furnishing of cut. Slone and bnilding materials. The furnishing of prices and estimates Fuld ilia felting of E• i SECCxn DISTRICT—JULY, 1932. 303 nenschen v. Board of School Inspectors, 267 ill. App. 2296. contracts for the furnishing of cut Stolle and materials were all done subsequent. to the letting of the original coitracts and there is nothing in the record in any man- ner tolling to intimate that a subletting was in any- wise predicated upon a prior understanding or agree- nnert on ilia part of the general contractors and Adam Groth & Company. 'Phe•o is nothing in this record which call be construed as showiing that at the time of tine ]citing of the original contracts to Swenson and Bippus that Adam Grath & Company had ally interest directly or indirectly in the contracts. With tine ele- ment of fraud entirely eliminated the sole point at issue as we understand it from appellant's bill and his argument, is whether the contractors, Swenson and Bippus, by treason by having contracted with the said board of school inspectors were bound to refrain from purchasing in tcrials necessary to Ilse execution Ihere- of from anyone. connected with said hoard of school inspectors. In view of the allegations of the hill, Ilia question now is, What is the law that arises out of Snell facts? As to ilia contention of the appellant that R contract made in violation of all expressed statutory provision is inoperative and void, we quite agree, but the ques- tion arises, Do the facts as alleged in tine bill of com- plaint call for an application of this rale? Predcrinl•s v. Borough of llrmanque, 95 N. J. L. 112, 112 Ail. 309, involved a contract for the furnishing of speed signs and snow plows for the city. '1'.he eonlract was let by the city officials to Fredericks, and Freder- idcs bought. hnmhcr for the use of his contractfrom a member of the council committee Ivho had 1ci (bc. con- tract. A dispute arose as to the hill Ivhieln was ob-' jccted to by Iron nnnyo• and Snit was brought. by Freder- icks to collect. Tn the District. C0111-1 Frodericks was nnnsuitcd, and the Sntn•oule Court. of Nov Jersey rc- vcrsprl thu decision. Upon ani appeal to tine court of. r. L t: r- i - a: I 304 APPELLATE COURTS OF ILLINOIS. Ilenschen Y. Board of School Inspectors, 267 111. App. 266. errors and appeals, in sustaining the Supreme Court, the court said: "There is no evidence in the case that the employ - in cut of the plaintiff was undertaken as the result of any understanding or agreement between Riker (the alfle-man) and plaintiff, or that the materials cost the plaintiff more at Ril;cr's yard than they count] be pro- cured for elsewhere, or that the borough is in any mala - nor dissatisfied with the work, but, on the cont urp, tine borough, has accepted the signs ant] plows and has them in use. The argument therefore is reduce(] to the, inquiry whether one who obtains a contractfrom a municipality for public work is impliedly homed as a condition to, legal performance, to refrain from par. chasing, materials for the execution of the wolf from one who happens to he it member of the governing body of the municipality. . 1Po are referred to uo case which intimates that in the absence of a corruptunder- standing or agreement of the contractor with n mem- her, of the council voting for the contract, for the put -- pose of evading the provisions of file Crimes Act,, a resoluliou of the municipality, otherwise legal, is ren- dered illegal by the subsequent action of the contractor ; in purchasing his material from a recognized source ,u of supply, the proprietor of which happens to be a member of the governing body which awarded the con- tracf,land that the contract itself thereby becomes nugatory. The contention of line defendant quite obwi- ously is resolvable upon the fallacious argument of conduct post hoc and not propler hoc; for manifestly the test. of the legnlil.y of the contrart must he fleter- mined as of the time when the resolution was passed, and not by file free act of 1110 phfinliff in pill -Chasing h materials. If it. was frrr: of criminal taint, at. ils ine6p- f 'tion, the subsequent action of fhr contractor in ex0- cubing Ilia contract cannot. rehlte Lack so its to in - Validate it, nnlcss such ca: post facto acl,ion caul he con- nected with a prior corrupt agreeneld or undnrstand. SECOND DisriilCT—JULY, 1932. 305 llenselwn V. aounl of School Inspectors, 267 111.:\pp. 296. ing with a member of the governing body, in pursuance of which the resolution was passed." Applying this well considered case to the facts at i,sue, ii is apparent that there was no fraud or collu- sion proven or even alleged which would carry the taint of illegality back to the original contract. In fact, counsel concedes that there was no fraud on the part of either Afton Groth .0 Company or James L. Longley in the subsequent purchase Of the contractors of the materials for use on the building contracts. Counsel for appellant further admits that the prices paid by the contractors to appellees were not excessive. In vol. 41 Corpus Juris, page 94, it is said: "If an officer at the time a city contract is entered into has a subcontract for the furnishing of materials to the co1- 1.1-aclor, his interest in the principal contract operates �o invalidate it. But if his contract is entered into after the making of the priucip[1l contract, file latter is not invalidated I in the absence of ally understanding or agreement at. the time the principal contract was made that elle orice• should have tine subcontract for the furnishing of the mate•ials.'r The rule ]list above announced is followed in Sc- curily Nal. Bank of ]Mason Cilli v. Bagley, 202 Iowa 701, 49 A. L. R. 705, and 210 N. INT. 947. The case arose over the action of the school board of Mason City, lows, nutho•iziug Thrift, Tue., to iastnll their system, or banking in the public schools of \lason City, pro- vided ]bat a local banl: or balks could be secured by Thrift, Tac., to carry the accounts and fn•aish the necessary snpplios mud s) -vices. After the lofting of ilm contract to Thrift, Ine., the company entered into a relrnet with the First Naliounl Baltic of Mason City, soya, to acl as a depository for the funds saved by 1110 pupils in the schools. Bagley, the presided of the school board, wits vice plrsil0nl. of the First, Na ioual Rand: and voted for the adoption of the resOlation nv.11 .Iling Ihr cont snot to Thrift, Tue. II. was contended lJ 3011 A'rELLATE COURTS OF ILLINOIS. 11coschen V. Board of School Inspectors, 267 111. App. 296 that the contract: was void by reason of this f.act. The court in its opinion says: "The resolution authorized the installation of tine system 'providing a local bank or banks can Le seemed by.Tbrift, Incorporated, to carry the accounts.' At this time Thrift, Incorporated, had no contract with the First. National Bank, and there was nothing in Clic situation that disqualified Bagley, although vice presi- dat'of said First National Balk, from voting upon such resolution authorizing the inauguration of the system.. The fact that 'Thrift, Incorporated, matte a contract with the First National Bank after such authorization had been granted by Clic board dill not operate retroactively and render invalid and illegal Clio action of Bagley, as a member of the board of di- rectors, in voting for the resolution. 'There is no claim " or proof of fraud, conspiracy, o• connivance at this point.It is the general and well established rule that. ,it is improper and illegal for a member of a municipal council or other similar body to vote upon any ques- tion properly before such body in which he is Person - filly interested and where his personal rights will be affected by ilia vote. (Citing cases.) These, anti other similar eases, where file action bas bean rcntlo•cd illc- gal because of the vote of one personally interested, are cases where such pa•sonal interest eNistcd fit the time of the action and the party was pecuniarily af- fected' by Clio action in which he participated. 'Phe facts of the instant case do not bring it within the _ above rule. Thera was no contract al. any time be- tween ilia school Load and ilia bank of whirb BaglOy was as officer. 'Phe resolution merely provided that, Thrift, Incorporated, was to seenre n local bank or hanks as the dcpositnry. There was nnibim; in Iho action that in any way bound Thril'I, 7nam l mated, in malte a contract with file ]First. National llmd;, or with any other particular band;. . . . We do net think the fuel, antler nil or Ike. cirnumsL oee> as shown by i SECOND DISTaOT—JULY, 1932. 307 Ilenschen v. Board of School Inspectors, 267 III. App. 296. line record in this particular case, that suhsequcnt to the adoption of this resolution by ilia school board, a contract was made between Thrift, Incorpo•aled, and ilia First National Bank, ranters the action of the board of directors in adopting the resolution void bo - cause Bagley was at. the time nil officer of the First National Bank." In the instant case at the time ilia contracts were awarded to Swenson anti Bippus for the remodeling of the school buildings, there was no understanding of any kind between the contractors and Adair Grolh & Company, find the contractors were free and at liberty to purchase their materials and cut stone from any dealer tlicychose, cul the fnet that subsequently Swen- son anti Bippus (lid purchase materials and cut stone from Adam Groth & Company cannot act retroactively so as to invalidate ills original contract of tine school Load, which al, tire. line it was executed was legal find free from fraud. O'Neill v. Toon o/ Auburn, 50 L. R. A. (N. S.) 1140, is a case in which the contract. for a street improve- ment was sought to be held void for ilia reason that ilia contractors purchased nmle•ial necessary to said contract in the open market from a corporation in which nnulicipal officers held stock and the Supreme Court of Washington in deciding ilia cause held that nuale•ial for street improvements made necessary by a change ill the specifieal.iOns, purchased in tine open market by the contractor from a corporation in which municipal amce•s have siocl(, floes not nminry the im- pro•nnuent, contract undo• a statute Providing that no onicer shall he interested, direclly,or indireelly, in any contract. with line town. In rsenndido Lumber, Ila] t8 Crain Co. v. Raldlviu, 2 Cal. App. 006, 81 Pne. 281, it was held that the more fact 11111 a solvent coulracio• for the construction of a schoolhaisc, without. any ln•cvinus agreeniet. o- or- rangeownt 1101.01'01., purchased hnnller ncressary to 308 APPELLATE COURTS Or ILLINOIS. Henschel, v. Boprd of School Inspectors, 267 111. App. 276. the fulfilment of alis contract from a corporation in w•hicll one of the trustees of ilia school district was a stockholder, fund of which he was a director and joint manager, did not bring the conta•act wilhin l.le hnbibi- tion of a statute declaring that no school trustee must be interested in any contract made by the board of which lie is a member, and Ibat fey contract made in violation of such provision is void, so as to prevent such corporation from recovering on orders drawn for the amount due under the contract, and assigned through an agent to the corporation, in paynneit for the lumber.' 'In its decision the court said: "The 1ne•e fact that the contractor, without previous arrange - merit or agreement, saw fit to buy of a corporation for )vhich one of ilia trustees was RH agent, certain nna- terials used in the construction Of ilia, house would not reader the contract void, voidable, of, ordinarily sub- ject it to merited criticism. The only possible col- flicting interest which could in any sense be. said to exist, whereby the trustees' act could be influenced, ' would be in connection with tine acceptance of the building when completed. But it is not pretended or claimed that ilia building was not properly constructed, from \which ilia formal acceptance would be impe•a- tive." Ill Pima V. Slate cr rel. McDaniel, 60 Ind. App. 4321 114 N. E. 9, the court construed a statute that, is very similar to the statute of the Stale of Illinois, which reads as follows: "No mcmbor of file common council of any city or incorporated town of this Slate, shall, citho• directly or indirectly, be if party to of. in any, manual. interested in ally contract or a;;rcemot, eilhor with such city or incorporated Lown, o• wil,h any officer, board, c1crL•, deputy or enplm'ec of sit ell city oi- incorporal,ed town, for any natter, cause o• thing, by which ally liability or indebtadayss is in any wily or Inanuar created or passed upon,Initherizad er approved by such council ... or by ulg• member Ihcre. ,l ; SECOSn Dlsruicr—Jun.x, 1932. 309 llensehen v. Board of School Inspectors, 267 111. App. 266. of. Any contract in contravention of the fore - "o iug provlsnmis shall be absolutely void." In construing ilia above statute tae court said: "Did the legislature, in enacting such statute, intend it to include contracts between the general contractor and mate•ialmeni . . . By the language used the legis- lature has clinninaled city officials not parties to, con- nected with, or interested in the original contract made with the city by other parties, but w•ho simply fur- nished materials in the regular way to suchl general contractor, and no rule of construction would permit its being read into the statute." It is also argued by the appellant that the court committed error in denying his motion for a default and decree pro conJcsso ngainst appellees Swenson and Bippus, contractors. It will be remembered that ilia decision of the court in sustaining the demurrers was it fiord decree effective uguinst all of Ilia defend - Rats find there was nothing further to be decided by the court. As to Ilia said Swenson and Bippus it docs not appca• from the record that they had any special o• different defense or rights personal to then and ilia), have no relation other than those argued on be. half of the other apt cllccs. In Crifliths v. CriQilhs, 198 111. 032, it appears that but two of the defendants appeared in ilia courtbe- low and denurred to ilia bill filed. The demurrer was general aid upon it hearing was sustained. ,It was urged upon talc court that it was error to dismiss ilia bill as to nal of ilia defendants, and the court, speaking at. page 037, nnnong other things said: "9`le demurrer by Ilia Iwo dofendauts made fill issue Igen Ile bill, which, being sustained, left nothing to be decided by Ilia court. It does not appear that, complainant asked that it be retained Its to the defelnhl IIS not nppca•iug, for Ile purpose of determining any rights personal to Ilium, and it is perfectly clear that the complainant could Lave no equities ngainat lieu distinct front her 310 - API'F.LLAT}. CoUItrs of Rm-,ols. Henschen v. Board of school Inspectors, 267 Ill• App. 296. rights against those who did not appear. The court having determined that upon the face of the bill the complainant was not entitled to the relief prayed, might of its own motion have dismissed it." In vol. 21 of Corpus Juris, page 452, the following rule is announced: "Where a demurrer, putting in issue the entire equity of the bill, is filed by a part of the defendants, if it is sustained the bill should be dismissed as to all." We are of the opinion that the court was within the rule in denying the motion of appellant for default and for 'a decree pro confesso against Swenson and Bippus, contractus. In reaching it conclusion in this case we are not unmindful of the statutory provisions r. our. State touching upon the duties and respmnsibili- ties of public officers as found in our Schools Act, Cities and I7illages Act and Officers Act, which are clear in prohibiting.public officers or any character from being interested, either directly or indirectly, in public contracts, but the instant case does not, turn upon that situation." It is quite plain from the pleadings and argument of appellor t that neither Adam Grotlr & Company nor James L. Longley, hal any interest, di- rectly or indirectly, of tiny kind whatsoever in the con- trncts let to Swenson and Bippus, either tit the time of their letting or subsequently. 9'he mere fact that in due course of business, after the contracts hid been let, Swenson and Bippas saw fit to become customers of Achim Groth & Company, raises uo basis for fraud and in fact no fraud is claimed and this incident nlone, as,is clear from the cases nbove cited, would not lie sufftcieh to act rclroaClivcly on the validity of the original coutraeL If the contract at its inception was Lona fide ail leg;d and no unlcn•sinad m; was had or _entered into helweem Ole Centa•acto•c 111111, Igrpellues, uhechy the contraclos were hound to purchase their material and cul stone from appellues, Ihen 1m act of SF,coxD DISTRICT—JULY, 1932. 311 Ilenschen v. Board of school inspectors, 267 Ill. App. 296. tlne contractors could render the contract entered into with the appellees either void or voidable, and no pro- vision of the statutes above referred to or tiny other stabile that we have been able to find can be construed as prohibiting or in any manner limiting the rights of a contractor, who has in good faith obtained a pub- lic contract, from thereafter purchasing his material or supplies or doing business with a person, firm or corporation, lily member of which may be a public officer and connected with the public body through which he originally obtained his contract and in the absence of fraud and connivance, such as in the pres- ent case, there is no legal basis upon which the acts of the appellee corporation in selling to the contrac- tors, Swenson and Bippus, can be criticized in the slightest degree. Appellant has cited it number of cases of the Appel- late and Supreme Courts of our Slate in support of his contention. 1\'e have examined them and we fail to find that in any of them a state of facts is presented as is found in this cause presented to ns for our con- sideration. After diligent search we have heel un- able to find any case reported in our State bnsed upon. a similar slate of facts as presented by the record be- fore Its. We have, after due consideration, in view of the rule us announced by the courts of our sister States, reached the conclusion that the circuit court did not: commit error in sustaining the demurrers to the bill of complaint of appellant and dismissing the bill and entering an order against. 10711 for costs. The order and cdoerce of the circuit court of Will county will therefore be affirmed. Order and decree affirmed. 9 • 1 EPARIMENT OF HOUSING AND URBAN DEVI ENT COMMUNITY DEVELOPMENT BLOCK GRANT PRO RAM FUNDING APPROVAL UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (Public Law 93-383) 1. NAME OF APPLICANT City of Iowa City, Iowa x. APPLICATION/GRANT NO. B-75—I1N-19-0005 ].APPLICANT'S A11BRE55 (Include Sheet' Clq, CowUy, ]df> gad 21p Code) Civic Center 410 East Washington Iowa City, Johnson County, IOWA 5224D I A' 41NenoF Ae ELICATION June 16, 1976 S. GATE OF HUD RECEIPT OF APPLICATION e. Original Funding Approval [>] Amendment. Amendment No. 1 AI section references below are to the Housing and Community Development Act of 1974 unless otherwise indicated. 7. CATEGORY OF COMMUNITY DEVELOPMENT BLOCK GRANT FOR THIS FUNDING ACTION (Check onfy one) a.p Metropolitan Entitlement (Sec. 106) b. p Melropolitzn Discretionary (Sec. 106) (1) (SblSd Name) SMSA, State of c. ® Non filettopolitan Entitlement (Sec.106) It.p Non -Metropolitan Discretionary (Sec. 106) e. p Secretary's Discretionary (Sec. 107) I. p Urgent Needs Fund (See. 103 (b) ) B. AMOUNT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS APPROVED a. Amount of CDBG Funds Currently Reserved for this Applicant ............................. $ 2,061,000 b. Amount of CDBG Funds Now Being Approved for this Applicant ........................... $ 2,061,000 c. Amount of Reservation to be Cancelled (Line 8a minus 81) ............................... S —0— ) HUD ACCOUNTING USE ONLY BATCH 1 7T6C WGRAM � � REG AR oUM ZTN PROJECT NUMBER — 5 t�''� ID1 FM 1 e a Iz 1] IA le 10 xa 1111.1111 ft ae CTrVEOAWr AMOUNT Tee ]o e<FEL�.�W 8 AMOUNT2 ee 10 SCNEIXILEN0. >• ffmEd ''(I'' II II ILIIII�IIIII IIII f''�I I I IT 9. DISTRIBUTION OF APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT a. Grant Amount Budgeted by Localit, (Gr Repayment of Urban Renewal Loans ................... S —0— b. Grant Amount Reserved for Guarantee of Loans for Acquisition of Property (Sec. 108(b))........... S —0— e. Grant Amount Deducted by HUD to'Seltle Outstanding Urban Renewal Loans .(Sec. 112(a)(1)) ................................................... S —0— d. Sum of lines 9a, 9b, and 9c ................................................... $ —0— e. Amount of Approved CDBG Available for Disbursement (Line Bb minus 9d) .................... $ 2,061.000 HUD -7082 13.76) Ill. AMOUNT OF SURPLUS URBAN RENEWAL FUNDS APPROVED AND BALANCE AVAILAB (S.c. JJ](E1) —0— ------------ a. Amount of Surplus U.R. Funds Reserved for this Applicant ...... • . • .......::::: : ::: s _0_ h. Amount of Surplus U.R. Funds Nov Being Approved .............. $ —0— c. Balance of Surplus U.R. Funds Available for Future Use (Line l0a minus 10b) ........ i HUD ACCOUNTING USE ONLY _s 8 8 REG le .�fT NJ PROJECT NUMBER BATCH TAC v as153 7082 35 i7 b 11 la 1A 1 33 SCHEDULE NO. 'I�FI1FE1'I17>IV'IEI'IDAIII 'fI 8 AMOUNT U.�arr. AMOUNT 1 0e Ya Ta 70 el ee eu Ce co a1 L1 l I L11.CIPIENTSOF APPROVED GRANT AMOUNTS IDENTI FIC ATI ON.OF ME CIPIEN TS 111 a. Applicant Identified in Block No. 1 b. Name and Address of Recipient Other Than Applicant ((octad. Stroe6 CItY. com1Y. Sbb and Zip eodQ APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT Izl s 2,061,000 -0- Total I s —0 1 17. AMOUNT OF LOAN GUARANTEE NOW BEING APPROVED (s.c. 108(b) 1 •_I 17. RECIPIENT OF LOAN GUARANTEE .'�� . (Ch.o► Doll on.) a, Applicant Identified in Block No. t b. ❑ Recipient Other Than Applicant (Nome and Address) NSA 2 A PPROVED SURPLUS URBAN RENEWAL FUNDS 131 $ —0— in s HUD-7082 (7.76) 9 Waiver of Certain Application Requirements for -Section 1O6 Grants ❑ The application requirements of Sec. 104(x)(1), (2) and (3) are 1 waived pursuant to Sec. 1O4(b)(3), except as indicated below: N/A 15. Determination Regarding Particularly Urgent Needs to be Met by Proposed Activities ❑ HUD has determined that the activities described in the applicatign 1 as supporting community development needs having a particular urgency, as specifically described in the application, are designed to meet such needs. N/A 16. Environmental Review Actions -• (a) ❑ The Applicant lacks legal capacity'to assume environmental I responsibilities under Sec. 1O4(h). HUD has prepared and circulated a final Environmental Impact Statement on the application. (b) � The Applicant has legal capacity to assume environmental 2 responsibilities under Sec. 1O4(h) and has submitted requests for release of funds and certifications approved by HUD under Sec. 1O4(h)(2) for all projects except those listed under Item 17(a) hereof and the following exempt activities: Public Improvements, R-14 Project Area Comprehensive Community Development Planning and Management Administration 17. Conditional Approvals on Use of Funds The obligation or utilization of funds for the activities shown below, except for the reasonable administrative costs related to theplanning and execution of the projects listed in subsection (a), is prohibited without the further express written authorization of HUD. (a) Projects requiring HUD environmental approval under Sec. 1O4(h)(2): See Attachment A HUD•7092 (3-76) 4 4. 0 (b) Sec. 105(a)(8) public services determined necessary or appropriate for which other Federal assistance may be available: N/A (c) Sec. 105(a)(2) flood or drainage facilities for which other Federal assistance may be available: N/A (d) .Any activities within the preceding categories which will be under- taken as a result of program amendments, or as unspecified local option activities. (e) Activities affected by failure to comply with applicable HUD regulations or law: (The specific regulation or law with respect to each activity listed, and the corrective actions required to remove the conditional approval, are cited as Special Conditions in Item 20.) f e • 5 18. Ineligible Activities Reducing Section 106 -Grant Entitlement ❑App •lication for funding of the following proposed activities, 1 determined by HUD to be ineligible under Title I of the Act, is disapproved and the Applicant's Sec. 106 grant entitlement has been reduced in the amount shown below: Proposed Activity Amount N/A Total: 19. Grant or Loan Guarantee Recipient Other than Applicant ❑ The grant and/or loan guarantee approved for any recipient other 1 than the Applicant, as shown in Items ll.b, and/or 13.b., is for the following projects or activities: Name of Recipient Project or Activity Amount N/A 20. Special Conditions and Modifications of Grant Agreement The Grant Agreement consisting of fifteen pages and twelve Sections is attached hereto and made a part hereof and is designated Attachment S. ❑ Check if continued on extra sheet and attach. The funding approval indicated above for utilization of the assistance provided thereunder in accordance with the approved application, subject to the require- ments of Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) and the Department of Housing and Urba velopment's rules and regulations, and the execution of a Grant Agreeme i accord nce t erewith, is hereby authorized for the program year beginnin o June �, 197 Date: JUL R B 1976 Secreta f Hou�d Urban Development / signature)/ (/ A a Director l Date Applicant notified that funding has been authorized: June 6, 1975 HUD -7082 (176) I 6 ACCEPTANCE PROVISIONS 0 The Grant Agreement', authorized by the Department of Housing and Urban Development on A 6 1976 under the Funding Approval for application/grant no. n -75 -HN -19-0005 , is hereby accepted by the Applicant as Grantee under the Agreement and the Grantee agrees to comply with the terms and conditions of the Agreement, applicable law, regulations and all requirements of HUD, now or hereafter in effect, pertain- ing to the assistance provided. City of Iowa City,.Iowa .-(Name of Applicant/Grantee) By: (Signature of Auth ized Official) Title: City Manager Date:. August 3, 1976 HUD•7082 (2.76) • • ATTACi1A16NT A *6. Urban Renewal Land Acquisition Local Option Activities (Up to Budgeted Amount) (Following activities received clearance as of January 16, 1976): 1. Skills Unlimited Workshop, Items (a) and (b)' 2. Parks and Recreational Activities, Items (a) through (d) ! 3. Removal of Architectural Barriers i i4. Urban 'Redevelopment Activities, Items (a) through (c) fContingencies (Following received clearance as of February 18, 1976): i {I *6. River Corridor Acquisition * ;No. 6 is duplicated; due to modification of Community Development iProgram 7015.1. l I 0 U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B Upon execution of the Acceptance Provisions of this Grant Agreement, the Department of Housing and Urban Development (HUD) agrees to pro- vide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 19711 (P.L. 93-383) authorized by the Funding Approval identified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together with the HUD approved application specified therein, including any Assurances, certifications, maps, schedules or other submissions made with respect thereto, the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and i the following General Terms and Conditions: 1. Definitions: Except to the extent modified or supplemented by the Grant Agreement, any term defined in Title I of the Housing and Community Development Act of 1974 or the HUD Community Development Block Grant Regulations at 2h CFR Part 570, shall have the same meaning when -used herein. 2. (a) Agreement means this Grant Agreement, as described above and any amendments or supplements thereto. (b) Applicant means the entity designated as such in the Funding Approval. (c) Grantee means each entity designated as a recipient .for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee under the Agreement, (d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the require- ments -of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement, (f) Program means the community development program, prpject, or other activities, including the administration thereof, with respect to Which assistance is being provided under this Agreement, 2. "Section 3° Compliance in the Provision of Training, EmPloYment and Business Opportunities: This Agreement is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968 (12 UPC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. E 11 0 The Grantee shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or .In part with assistance provided under this Agreement, the section 3 clause set forth in 24 CFR 135.20(b). 3 The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the section 3 clause. 3. Flood Disaster Protection: This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-23L)• No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of section 102(a) of said Act. Any.contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area 4. identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 at seq., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under section 102(a) of the Flood Disaster Protection Act of 1973. Such.provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal Employment Opportunity: (a) Activities and contracts nbt subject to Executive Order 11246, as amended. In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall • 0 s. post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sex, or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11M, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regula- tions at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clauses During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure 0 :l that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the followings Employment, upgrading, demotion, or transfer, recruit- ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (j) The contractor will send to each labor union or representa- tive of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' represents- tives of the contractor's commitment under this section and shall post copies of the notice in conspecuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and • • 7. relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the t rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared in- eligible for further Government contracts or federally assisted construe- tion contract procedures authorized in Executive Order 12,246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted :I by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 25, 1965, so that I. such provisions will be binding upon each subcontractor or vendor. The i i I e. contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is Ithreatened with, litigation with a subcontractor or vendor as a result i of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Department in the discharge of its primary, responsibility for securing compliance. 9. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order, 11246 of September 2b, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of jthe equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, the Grantee ;agrees that if it fails or refuses to comply with these undertakings, the Department may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occured until satis- factory assurance of future compliance has been received from such Grantee; and refer the case to the Department of Justice for appropriate legal proceedings; 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with j assistance provided under this Agreement is subject to the HUD Lead- Based Paint regulations, 24 CFR Part 35• Any grants or loans made by ,I the Grantec for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the i lo. Provisions for the elimination of lead -base paint hazards under sub- part B of said regulations, and the Grantee shall be responsible for j the inspections and certifications required under section 35.14(£) thereof. i 6. Compliance with Air and Water Acts: I This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts and subcontracts with respect to any nonexempt transaction thereunder funded with assistance provided under this Agreement, the following requirements: (1) A stipulation by the contractor of subcontractors that any facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of section 114 of the Clean Air Act, as amended, (42USC 1857c-8) and section 308 of the Federal Water Pollution Control Act, as amended, 03USC 1318) relating to inspection, monitoring, entry, reports, and information, • • 11. as well as all other requirements specified in said section 114 and section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause -to be included the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that --- the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under section 113(c)(1) of the Clean Air Act or section 309(c) of the Federal Water Pollution Control Acta • 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation of residential property i designed for residential use for less than eight families, the Grantee 'I f and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agree - I f 1 i i 0 12. ment, shall comply with IWD requirements pertaining td such contracts and the applicable requiremente of the regulations of the bepartment I of tabor under 29 CFR Parte 3, S and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulation's are imposed by "state or local lax, nothing hereunder is intended to relieve the Grantee of its obligation] if any to require payment of the higher rates. The Grantee shall cause or require to ba inserted Iin full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such con- tracts in excess of $10,000, 29 CFR 5a.3• No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 196h (P.L: 88-352) and }IUD regulations with respect thereto including the regulations under 2h CFR Part 1, In the sale, lease or othdr transfer of land acquired, cleared or improved with assistance ,i provided under this Agreements the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for . M I • • 13 such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted here- under, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9.. Obligations of Grantee with Respect to Certain Third Party Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with res- pect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant, shall comply with all lawful requirements of the Applicant necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Applicant under section 104(h) of the Housing and Community Development Act of 1974. 10. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of 6 0 14. this Agreement or to any benefit to arise from the same. 11. Interest of Members Officers or Employees of Grantee, Members of Local Governing Body, or Other Public Officialss No member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with res- pect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission. The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval of applications for additional assistance, or any other approval or con- currence of HUD required under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, 15. Q •City of Iowa City MEMORANDUM DATI:September 13, 1977 TO: The Honorable Mayor and Members of the City Council FROM: Legal Department RE: City v. David Levin d/b/a The Bivouac Dear Mayor Neuhauser aril Members of the Council: Attached to this mem please find the opinion of Magistrate Joseph Thornton in the case of City of Iowa City v. David Levin, d/b/a The Bivouac. The City now has judgment against Mr. Levin for 1,000.00 in past due urban renewal modular rents. If you have any questions please do not hesitate to contact me. Thank you. Attachment cc: Neal Berlin, City Manager Rosemary Vitosh, Dir. of Finance Dennis Kraft, Dir. of Co:mnmity Development Paul Glaves, Urban Redeveloprent Coord. Kevin Keck, Controller John Hayek, City Attorney 3 730 0 It IG IN AL NOTICE 5.11AL! ,LA1115 (Acnun fur ununny riia;;memy •IN THE IOWA DISTRICT COURT • IN AND FOR JOHNSON COUNTY, IOWA (Small Claims Division) ORIGINAL NOTICE Small Claim No.___5960 - Docket..__10 City of Iowa City, Iowa, acting as Local Public Agency ------------------------------------------ P-lain-tiff(o) Civic Center ;-(i&c-------------------------------------- Atldress of said Plaintiff 410 E. I'lashington St. XiRER------------------------------------ Iowa City, Iowa 52240 --------------------------------------------- TO THE ABOVE NAMED DEFENDANT(S): Page No.____ 120---- David 20___ David Levin, d/b/a The Bivouac -------------------------------------------- Defcndant(s) Bivouac Inc. of Iowa ^; ---------------- -------------=-=------------- Atldress of said Defendant vs. 32 South Clinton St. - ---- ----- -- -------------------------- }�t�6efc':4 --- 5Y Iowa -City, Iowa 52240 - ---------------------------------------- LY'iR'TYt'�9'0fIS3@tted}7Sdf6�n'ii� ' YOU ARE HEREBY NOTIFIED that the plaintiff (s) demands) from you the amount of $1,000_ 00 based on_a_written_lease between the Wits_F and_G_in the Clinton St. Mall, Iowa City, Iowa, which lease is dated February 26, 1973, and wherein defendant (State briefly the basis for the demand) -------------------------------------------------------- notice- of --------------------------------------------•---•------ notice_of its intent to terminate the_lcaser_gave said notice on August 1, 1974, but paid no rent for the said 90 day_ termination rx r------_ n cod---- the lease is attached as Exhibit A. Termination notice was given in name of Bivouac Inc. of Io as by David Levin, Vice -President. ----------------------------------------------------- ---------------------------- UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the'derk of the court at the Johnson County Courthouse, in Iowa City, Iowa 52240 (zip code), on or be- fore the ---- 9th ---day of_____ August ....... 19 77 judgment shall be rendered against you upon plaintiff's claim together with interest and court costs. IE YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer on or before the date specified, you will then receive notif ication from the clerk's office of the place and time assigned for hearing. Civic Conker r Asst. City Attorney _ 910 E_ 4lashincJton St. y To_ra CitXI Iowa ,G240 ----------------------- --------- ------- -- Plaintiff (s) (Attorney for Plaintiffs) Address Plaintiffs) Phone No. 35471800 ext__209 JUDGiI1ENT ENTRY // ITIS HEREBY ORDERS THAT JUDGMENT BE ENTERED AGAINST TIIE Defcndant(� --------------._--------------- YluMttff{s)----------------------------- ------ -- -------------------------------------- In the amount of $ D- -\-------------------- with interest at the rate of__7-_7. from the --- ------ dayof_,i�,_ A.D. ]9_�.�._..__..:•nd_l,ttornry-r J,:irrilir�¢ranttnt-of plus court costs in the. nnlount of $_35._lfi_ ! $--------- ----------------- IT 1S FURTHER ORDERED that the foregoing judgment be paid :it the rate of $_____ -------------- per ------------ (month) (week). Dated [his ---- do of.., ^ �_.. J NO'I'icx OF APPEAL given this. ------(Illy of------------------ (County) ---------------- (Co lty) r.t�J s Il nci: I(lfngis(rate)11 � '(fh I.2•) (County) --- �—/%::.J;irj;tJla!il rn ll•.l1 C.: hr�(cir; �:Rmm;e;:•nsv I: -U J.: I, I, (..L:: r.; rd, LI I uwlr.y I �.hy,..:•J tv : uh of I't a!!ar.p �I L•: .,J`, .:'aJ.SL �rtr:., •.11:.! n4!r:•.rr: •;1, •J to 1•`s t' J�A:n. ..�1° .'"•.1.,19._) 1„ .. • � SMALL CLAIMS N0._ TY Johnson COUNA (Small Claims Division) 5960 10 _ Case No. S. C.----- D' City of Iowa City, Iowa acting as Local Public Agency Plaintiff(s) Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240' Address of said Plointiff Plaintiff vs. 120 David Levin d/b/a Thg Bjvouac Defendanl(s)Bivouac Inc. of Iowa 32 South Clinton Street, Iowa City Address of said Defendant Iowa • 52240 Defendant Address of said Plaintiff Address of said Defendant On the 1st day of September, 1977, Plaintiff appears by •COURT NOTES: - attorney, Robert Bowlin, and Defendant appears in person. Plaintiff's claim is for rental for modular units located and owned by the City on Clinton Street, Iowa City, Iowa. Two units were rented by Defendant David Levin by written lease, a copy of which is attached to the claim which lease provides for a monthly rental of $398.00 and which lease provides for 90 days written notice'of termination thereof. The only written notice of termination of the lease given by Defendant was by a document dated August 1, 1974, and introduced into the evidence. The evidence discloses that the Defendant vacated the property during the TES14WXr'S W4CA4PN month of Aust, 1974, and that no rent was_paid for the month of August or thereafter. The property was relet by the City effective in November, 1974, and the Court finds that Plaintiff has roved its right to recover from the Defendant for the 90 days subse- quent to August 1st, 1974, at the rate of $398.00 per month. Defendant's claim for offset for moving expenses has not been proved by a prepon- derance of the evidence. The Court finds that judgment should be rendered againsC Defendant David Lein for _the --omounL_of_$1000.00. Costs are assessed to Defendant David Levin. <72 TESTIMONY OF WITNESS: PROOF OF SERVICE _ En!d cae.irs lhrt the for!¢einZistrement was so ----- �— edupon all polnalMatav! nv;e Lydl; -siGns a co;r thxml in " sdAiinl:To idof •_ Ih!allu%,s of noad sa-a vl grit tn,•� vs sddrnw ditdcs- . ._.. 14d Ca the;!C4inZs;a1 �"C iyi.•sr:'a.'.'.�n::--- • RECEIVED SEP 1 5 1977 • n �� ZUCHELLI, HUNTER & ASSOCIATES, INC. URBAN ECONOMICS OEVELOPM NT PROGRAMMING . FINANCIAL ANALYSIS MARYLAND NATIONAL BANK BUILDING �J 160 SOUTH STREET ANNAPOLIS, MARYLAND 21401 (301) 269.6565 September 13, 1977 Mr. Neal G Berlin/ C.tC}• Manager. 410 East Washington Iowa City, Iowa 52240 Dear Neal, As we discussed last week in Iowa, our firm has experienced great difficulty in securing competitive bids for Block 83/84 in the Iowa City Urban Renewal project. The only certain bid is from Old Capitol. Associates. The lack of strong competitive bids for Block 83/84 is not due to a lack of effort on our part. As sub- mitted in tho paragraphs below, we have conducted an intensive sr. -arch around the country for major retail developers with exper- ience and capabilities for implementing an attractive downtown retail mall for Iowa City. Due to a unique set of circumstances and timing, competitive bids were not forthcoming as explained below. Initially, we worked closely with Paul Glaves to establish a list of potential developers to whom prospectus should be sent. In addition to the jointly compiled list, we made several inquiries in the industry and provided twelve additional potential developers for Block 83/84 in a letter to Paul on July 5, 1977; and prospectus were sent to all. We followed up on these with individual calls to the referenced organizations. We identified a few key developers at the outset whom we felt were particularly strong prospects for solicitation and ultimate development of Block 83/84. our efforts to recruit these developers are detailed in the paragraphs following. Ernest W. Mahn, Inc. Hawthorne, California I attended the Urban Land Institute conference in Atlanta last May and participated in a round -table discussion of retail leasing straEegies. I asked my fellow panelists for recommendations of major developers with capabilities of building small retail centers (100,000 to 200,000 square feet) in in -town locations. It was the consensus that Ernest W. Hahn, Inc. was perhaps the best national developer to tackle the situation. 3 73/'� 0 ZUCHELLt, HUNTER & ASSOCIATES, INC. Mr. Berlin • -2- September 13, 1977 We contacted Hahn prior to sending any disposition documents or prospectus. We talked directly to Mr. Edward Backlund, who is in charge of selecting sites for new shopping center development. Over the ensuing months, we were in frequent contact with Ed and with Jack Spencer, head of the redevelopment division for the Hahn company. We exchanged letters and numerous telephone calls. On August 24, 1977, I received a letter from Jack Spencer indicating that the Hahn company did not intend to bid on this project. The reasons for not bidding are unclear; but in sub- sequent telephone conversations, I learned that the 11ahn company is extremely busy with larger centers currently and is not actively seeking smaller projects at this time. Also, I understand Hahn contacted Penney's about possible inclusion in a development in Iowa City, and I suspect Penneys indicated a prior commitment with Old Capitol Associates. General Growth Development Corporation Des Moines, Iowa _ Of all the major developers, General Growth was probably the most likely developer for. the Iowa City project due to Chair close - by location in Des Moines. We held numerous telephone conversations with General Growth and exchanged letters and relevant materials. Our contact with General Growth was Neil Broderick who indicated the company very much liked Iowa City. However, they could not accept another project, particularly a small project, at the current time because of heavy work loads. They indicated that the proposed development was viable, and under other circumstances they would be interested in pursuing it. They have recently announced a..series of large-scale developments and do not have additional staff to pursue the Iowa City matter at this time. Ericson Development Corporation Bloomington Minnesota I have spoken on several occasions with Jim McClintok, executive vice president of Erison Development Corporation. In addition, Paul Glaves contacted Jim and discussed potential involvement of his firm in Iowa City. On two occasions, Jim came to Iowa City and met once with Paul and once jointly with Paul and myself. In addition to tele- phone calls, I have corresponded with Jim and sent him additional materials he required. As of last week, Jim indicated Ericson would not be in a position to develop the project in the near term. Ile would very much like to develop the project, but at a later date. His firm is very small-- 0 ZUCHELLI, HUNTER & ASSOCIATES, INC. Mr. Berlin September 13, 1977 only about five people --and they are actively building three major retail centers currently. They do not have the staff to take on an additional project of any size in the near term and are reluctant to hire new staff in the interim. If old Capitol's proposal is unsuccessful, Ericson Development Corporation may be interested in building the retail center. In fact, Jim indicated he may submit a bid contingent on a later development date or may submit a letter of intent indicating that if the parcel were not sold, his firm has continued interest. The timing is very unfortunate for Iowa City. Ericson has the expertise to build small retail centers in -town, as evidenced by their other projects. However, the firm currently does not have staff capabilities for building the Iowa City project. The Taubman Company Southfield, Michigan Taubman is one of the nation's largest retail developers, and we contacted them at the outset of the disposition process. I spoke with Mr.. Robert Schout, who is in charge of developing projects in the midwest for the Taubman Company. we spoke: on a few occasions and I sent Schout the additional materials that lie requested and correspondence outlining the potentials in Iowa City. lie has not responded nor returned our recent telephone calls. Thus, I do not expect a bid from the Taubman Company and am unclear as to the lack of interest there. Dayton -Hudson Minneapolis, Minnesota Dayton -Hudson was contacted near the beginning of the disposi- tion process because they are the largest retailer in the United States. Their development company typically builds centers which include a Dayton -Hudson Department Store. Because of their size and the midwestern location, we thought they might consider an in - town center without a Dayton -Hudson Department store, or alterna- tively,consider locating a small department store in Iowa City. We contacted Duane Soltau, the person in charge of developing retail projects for the company. Don Hunter of our staff has worked person- ally with Duane on other matters. Soltau informed us Dayton-Iiudson had no interest in the Iowa City project because of size and the inappropriateness of a Dayton-Iiudson Drpartment store there. n U 0 -4- �n n\ ZUCHELLI, HUNTER & ASSOCIATES, INC. Mr. Berlin September 13, 1977 Old Capitol Associates Iowa City, Iowa We have talked less frequently with Old Capitol Associates but have responded to direct requests for information and inter- pretation. At their request, Dennis Kraft and I met with them in Iowa City on August 30, 1977. Throughout all of our contacts with Old Capitol, we have encouraged the belief that there will be strong competitive interest in every parcel. Because of the competitive factor, we believe Old Capitol will be submitting a very strong pro- posal for the review of City Council. Without the competitive pressures, Old Capitol may otherwise have submitted a less generous proposal, perhaps conditioned on many factors which City Council would have found difficult to accept. This competitive process, even if it results in a single proposal for Block 83/84 has, in our judgment, stimulated Old Capitol to enhance its bid and sharpen its proposed development efforts. Other Contacts We have also contacted other less known developers in the hopes of getting competitive bids on Block. 83/B4. Les Nelson, a small retail developer in Mason City, was contacted on several occasions by myself and Jack Leaman, at my request. Jack was the primary contact person because he personally knows Les and works with him on other projects. As of last week, Les was seriously interested in the Block 83/84 project. However, his father died last week, and he has left the state to attend the funeral services and attend to family business. This unfortunate interruption may delay Nelson's proposal efforts beyond the September 15th deadline. Again, however, _ if City Council feels Old Capitol's proposal is inadequate, there may be an alternative if the parcel is to be rebid. We contacted several other developers in the country and got a firm "No" and did not pursue matters further. The Rouse Company, for example, lacks other projects in the region and did not feel they could give appropriate attention to a small project distant from other places in which they were involved. Reynolds Development Corporation (subsidiary of Reynolds Metals) also indicated that the project was distant from current sites in which they are presently involved, and they could not marshall sufficient forces from their New England location to lease and develop any center in a midwestern city. If we do not receive competitive bids on Block 83/84, it will be the most disappointing part of an otherwise successful redevelop- ment, implementation effort. however, we feel confident that the competitive pressures placed on Old Capitol will result in a better 0 -5- ( ri r\ ZUCHELLt, HUNTER & ASSOCIATES, INC. Mr. Berlin September 13, 1.977 development proposal than otherwise possible. In addition, we also have one letter of interest on the record and expect one or two more such letters indicating an interest in developing Block 83/84 if the parcel is not sold during this disposition process. While I anti- cipate Old Capitol's proposal being adequate to satisfy City Council's needs, these letters of interest should remove some of the pressure from Council to automatically accept old Capitol's bid. Further, City staff and Council should complete an intense review of the Old Capitol proposal with the understanding that if it is inadequate, other opportunities may be available at a later date. It would be unfortunate if automatic acceptance were given and the proposal was less than satisfactory. We have also corresponded with other interested parties and sought development on other parcels in addition to Block 83/84. Paul Glaves has expended considerable time and effort on other parcels as well. We feel confident that competitive bids will be received on other major parcels, and even minor parcels should have more than one bid for staff and Council to evaluate. In general, we believe the solicitation and recruitment efforts have resulted in strong competition for the development parcels in Iowa City and will - ultimately result in the high caliber of development that the city deserves'. If I can answer any other questions regarding our recruitment effort or provide copies of correspondence if this should become a public issue, please do not hesitate to call me or Don. With warm regards. Sincerely, ZUCHELLI, HUNTER & A OO/CIATES�, INC. Scott D. MacDonald Senior Associate SDM:jg cc: Paul Glaves Don Zuchelli 0 September 9, 1977 Midstates Development. Inc. 412 Pavonia Street Sioux City, Iowa 51101 Gentlemen: • Subject: NOTIFICATION OF SELECTION OF PRELIMINARY PROPOSAL Section 0 Housiag Assistance Pay=nts Program -New Construction Proposal/Project Number IAOS-0030-008 Iowa city, Iowa 81 Elderly Units Your preliminary proposal, dated July 16, 1977, to provide 81 elderly units of newly constructed housing at Iowa City, Iowa, has been approved. Annual contributions authority of $315,900.00 and budget authority of $6,312,000.00 have been reserved for this project. Subject to the fulfillment of all administrative and statutory require- r:Nnts, an Agreonant to Enter Into Housing Assistance Payments Contract will be prepared and executed for the number and size of units described below: UNITSIZE NUMBER OF UNITS CONTRACT UTILITY GROSS o. o e rooms ToTal er y RENTSALLOIUWCE RENT One Bedroom &1 Elderly $325.00 None $325.00 Ycu are requested to submit to HUD, not later than October 31, 1977, a final proposal in accordance with the requirements of the provisions of 24 CFR, Part 880, Section 209. Attached are the forms required to be submitted with your finalProposal. If yaw haw my questions as to final proposal requirements, plus@. call our Multifamily Housing Repres@.n- tative, at (515) 284-4W, to arrange for a meeting. See Attachment A for Special Conditions or Requiravents. Your acceptance of this Notification constitutes a certification and agreement that (a) there will not be made any $ale, assignment, con- veyance, or any other form of transfer of this Notification, the property. or any interest therein, without the prior written consent of HUD (an assignment to a limited partnership of which you aro the general partner shall not be considered an assignment for this purpose), and (b) there wilt not be made any pledge, or offer as security for any loan or obliga- tion, an Agreement to Enter Into Housing Assistance Payments Contract or 373/ z Housing Assistance Payments Contract entered into for this project unless the method and terms of the financing and the lnstruuent of pledge, offer, or other assignment has been approved in writing by HUD. Please indicate by signing in the space provided whether you accept this Notification including the special conditions or requirements or other modifications to your proposal that are specified herein, or if you wish to arrange a meeting for the purpose of reconsidering the modifications. In either use, return a signed copy to this office within ten days after receipt of this notification. If you do not return a signed copy of this Notification by the specified date, or if you acegt but fail to subait a fiMl Proposal by the gedfied date, HUD may rescind this Notification and canal the annual contributions authority reserved. If you request reconsideration of the modifications, and we are unable to negotiate an agreement, this Notification will be rescinded. Sincerely, Hate Ruben JIrsctor Attachments /Ia� r Mary Neuhauser ACCEPTED: Date i ATTACHMENT A IA.05-0130-008 Iowa City, Iowa 81 ENerly Units section 8 Preliminary Proposal Special Conditions or Requirements Your final proposal must contain the following changes, additions, or clarifications: 1. Your preliminary proposal indicated that you intend to use the 221(d)(4) mortgage insurance program. You are invited to submit a conditional commitment application with your final proposal. 2. The approved contract rent of ;325.00 contained in the "Notification of Selection of Preliminary Proposal" is the Section 8 contract rent. The maximum allowable rent that can be used to calculate the Debt Service Mortgage in our mortgage insurance processing of your proposal is $314100. See Paragraph 9-31(3) and Exhibit C, Page 9- 24, of Section 8 Handbook 7420.1. The tentative mortgage amount that can be supported is $1,793,600.00. 3. Property Standards, +iand th lthe lappropriate Developer's codes and ordinances, flPaMiFuture compliance nimum be required. 4. Because of the competitive nature of the Section 8 program, your architect will not be permitted to make substantial changes in the site planning, design, and indicated materials for the project proposed in the preliminary proposal. In order to preclude mis- understanding and to save "working drawing" time and changes, all proposed changed in planning, design, or materials must be coordi- nated with the.Design Representative assigned to your project. osals o. Scheatic subsequentaspecifications rchitectural rand nworkl ggs idrawingstted hmustabep onnd• consistent with the preliminary proposal submittals. 6. Since you intend to use one of HUD's mortgage insurance programs, you are reminded that intermediate architectural drawings must be approved by HUD prior to the start of working drawings. Development of working drawings and specifications must also be coordinated with HUD. 7. The State Building Code has reviewed the subject projects and has determined that, where applicable, all awarded contracts must comply with provisions of Chapter 104A, as amended 1975, which provides for making facilities accessible to and functional for the '. physically handicapped. 2 C. Provide the following information from your architect's firm: a. Total number of employees in the firm. b. (lumber of senior designers and years of experience. C. !lumber of junior designers and experience. d. Number of draftsmen and experience. e. Number of engineers and experience. f. Number of field inspectors and experience. g. Total dollar volume of the firm. h. The number of Government projects in which you are currently involved: (1 HUDYP.AA. �2 Fanners Home Administration. 3 - Others. 9. The following items are preliminary review comments for compliance and are based on basic concepts only. Finalsplans and specifications shall be developed to comply with MPS 4910.,1 in its entirety. The acceptance of the preliminary plans submitted does not preclude further MPS requirements. a. Provide required separate storage closet. Minimum of 150 cubic feet inside storage required. b. Comply with Chapter 405 of MPS 4910.1 for fire protection. c. Provide project maintenance space. d. Provide in -building trash removal system (trash chute and compactor). e. Provide double egress doors in corridor. f. Provide 4" asphalt base 2" top on parking lots and drives. g. Provide latex enamel all interior walls. h. Insulate all water lines. 10. Approval of this proposal is conditioned upon the City of Iowa City revising their 1977 Housing Assistance Plan. i E September 13, 1977 L Mr. and Mrs. Alex Stone 4520 Fourth Avenue Moline, Illinois 61265 Dear Mr. and Mrs. Stone: Subject: Section 8 Preliminary Proposal IAOS-0030-005, Iowa City, Iowa We have completed the review and ranking of the preliminary proposals received in response to Notification of Fund Availability IA05-0038 for the East Area. The following preliminary proposals were selected for funding: 1. 81 elderly units in Iow City, Iow. Developer: Midstates Development in 51oux City, low. 2. 100 elderly units in Burlliytoa, Iow. Develops: Tgyeor-Burlington Corporation in St. Louis, Missouri. 3. 48 ol=Y units in Mt. pleasant, low. Oevelopor: Msplelsaf Health Care Center in Mt. Pleasant, Iow. Your proposal, although approvable, was not selected for funding as a result of the ranking procedure as required by Section 980.208 of Federal Regulations. In the ranking process your proposal was in competition with other elderly proposals: Specifically, proposal IAOS-0030-003 which was located on the same site as your proposal. The ranking between these two preliminary proposals was very close. However, IROS -0030-008 demonstrated a greater rent savings and was therefore selected for funding. In Lthe event selected proposals are subsequently eliminated, processing and funding of yowr propose) nays be os+latent: de thank you for your interest in the Section 8 P�oWqram and eeceurege you to submit proposals in response to future Notifications of Fumd Availability. S� Y, •, t1a RuMn Di M c yor Mary Heuhauser 373/ 0 Model Cade for Energy Conservation in New Building Construction PRELIMINARY DRAFT FOR REVIEW .1ANUARY 1977 I ,. 1977 37-32-1 CONTRACT NO. E(04-3) 1230 Model Code for Energy Conservation in New Building Construction Buil Based an the ASNBAS Standard 90-75 nal, Inc. (BOCA) ; (ICBO) :nc. (SBCC) for National Conference of States on Building Codes and Standards (NCSBCS) sponsored by UNITED STATES ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION (ERDA) JANUARY 1977 0 0 INTRODUCTION PRELIMINARY DRAFT OF MODEL CODE FOR ENERGY CONSERVATION IN NEW BUILDING CONSTRUCTION The U. S. Department of Housing and Urban Development (HUD), under P.L. 94-385, is responsible for the development, promulgation, and enforce- ment of energy performance standards for all new construction. The Energy Research and Development Administration (ERDA) is, through its various research, development and demonstration activities supporting that HUD function. One necessary step to the successful implementation of the standards that will be promulgated by HUD is the incorporation of energy standards in the overall code process and provision for the training of code officials in the evaluation of designs and the enforcement of codes based on these energy standards. To achieve Conference of St together nc' all t` develop a mr The buildi experie by the Engine r> states condit i. by thcf• . program, will a�' they w0 and make'' through its contract with the National and Standards (NCSBCS), brought k organizations in the effort to n new building construction. eir technical resources and d upon the standards developed ng and Air -Conditioning 4as designed specifically for ,nswer to their particular joint program being conducted ions are designing training ding code officials, which iciency standards. Additionally, ance of technological innovations Conmen•. :ung solicited from state and local public officials, mema.. essions, home builders, contractors, sub- contractors, produce,- _..9 materials, construction unions, and others in the building industry. This preliminary publication may be of particular Interest to those responsible for preparing "state energy conservation plans" as described under Title III of P.L. 94-163, known as the "Energy Policy and Conservation Act of 1975" (EPCA). Those seeking to contribute to this effort are requested to write directly to the prime contractor of this joint effort, the National Conference of States on Building Codes and Standards, at 1970 Chain Bridge Road, McLean, Virginia 22101. To meet the schedules established under EPCA, the final code will be issued June 1, 1977. Therefore, we request that all comments be submitted no later than March 31, 1977. "' RETAKE of PRECEDING DOCUMENT '.Ap CONTRACT N0. E(04-3) 1230 Model Code for Energy Conservation in New Building Construction 6...d an th• ASHRAE Standard 10-73 developed by Building Officials & Code Administrators International, Inc. (BOCA) International Conference of Building Officials (ICBG) Southern Building Code Congress International, Inc. (SBCC) for National Conference of States on Building Codes and Standards (NCSBCS) sponsored by UNITED STATES ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION (ERDA) JANUARY 1977 0 0 ftp This.document was prepared as an account of work sponsored by the U. S. Government. Neither the U. S. nor the U. S. Energy Research and Development Administration, nor any of their employees, nor any of their contractors, subcontractors or their employees makes any warranty expressed or implied, or assumes any legal liability or responsibility for the accuracy, complete- ness, or usefulness of Any information, apparatus, product, or process dis- closed, or represents that its use would not infringe privately -owned rights. INTRODUCTION PRELIMINARY DRAFT OF MODEL CODE FOR ENERGY CONSERVATION IN NEW BUILDING CONSTRUCTION The U. S. Department of Housing and Urban Development (HUD), under P.L. 94-385, is responsible for the development, promulgation, and enforce- ment of energy performance standards for all new construction. The Energy Research and Development Administration (ERDA) is, through its various research, development and demonstration activities supporting that HUD — function. One necessary step to the successful implementation of the standards — that will be promulgated by HUD is the incorporation of energy standards in the overall code process and provision for the training of code officials in the evaluation of designs and the enforcement of codes based on these energy standards. To achieve this goal, ERDA has, through its contract with the National Conference of States on Building Codes and Standards (NCSBCS), brought together all the major national building code organizations in the effort to develop a model code for energy conservation in new building construction. The building code organizations have pooled their technical resources and experience to produce this code, which is based upon the standards developed by the American Society of Heating, Refrigerating and Air -Conditioning Engineers, known as ASHRAE 90-75. This code was designed specifically for states and localities so it can be adapted to answer to their particular conditions and problems. This code is only one aspect of a larger joint program being conducted by the involved organizations. These organizations are designing training programs and materials for state and local building code officials, which will assist in the implementation of energy efficiency standards. Additionally, they will examine the problems hindering acceptance of technological innovations and make recommendations for resolving them. Comments on this model code are being solicited from state and local public officials, members of the design professions, home builders, contractors, sub- contractors, producers of building materials, construction unions, and others in the building industry. This preliminary publication may be of particular interest to those responsible for preparing "state energy conservation plans" as described under Title III of P.L. 94-163, known as the "Energy Policy and Conservation Act of 1975" (EPCA). Those seeking to contribute to this effort are requested to write directly to the prime contractor of this joint effort, the National Conference of States on Building Codes and Standards, at 1970 Chain Bridge Road, McLean, Virginia 22101. To meet the schedules established under EPCA, the final code will be issued June 1, 1977. Therefore, we request that all comments be submitted no later than March 31, 1977. 0 FOREWORD E This preliminary draft of the proposed Model Code for Energy Conservation in New Building Construction is a result of the joint efforts of National Conference of States on Building Codes and Standards (NCSBCS) and the three model code groups, Building Officials $ Code Administrators International, Inc. (BOCA), International Conference of Building Officials (ICBG) and Southern Building Code Congress International, Inc. (SBCC); it incorporates ongoing code development efforts by the model code groups, individually and through Board for Coordination of Model Codes (BCMC) and Council of American Building Officials (CABO), as well as various state energy efforts. This Code should be considered in its context as a preliminary draft with appendices and commentary remaining to be completed. The Code is intended to be flexible enough to serve as a code on its own, or to have the administrative provisions amended as necessary to become a portion of a statewide or local code. The necessary administrative provisions are planned as part of the Appendix. This proposed Code is based on the ASHRAE 90-75 standard and does not alter its technical content. It does however, restructure ASHRAE 90-75, and adds accepted practice provisions for certain buildings. These are discussed in more detail below. The intent of this code is to provide a means of implementing the provisions of ASHRAE 90-75. The following differences will be found when compared to ASHRAE 90-75: (a)Metric Equivalents Deleted: The S.I. equivalent ormu as an units nave oeen deleted from the draft model code. This is in accordance with the current model code format. It is anticipated that the S.I. units will be added when the building codes include S.I. units throughout. (b) COP Improvement Targets: The improved COP target levels }or equipmentavavee been deleted since it is not possible to adopt a building code containing future enforcement provisions. The model code will be amended to include the 1980 COP levels at the time they are effective. The project team feels that industry is aware of this time schedule and is prepared to meet it. (c) Code Restructured: The Code has been restructured into a three -path approach. Compliance with any of these paths produces a code -complying building. 0 0 Path 1 (Section 4 of this Code) is the systems analysis meLFo7d, ASHRAE Chapters 10 and 11. Path 2 (Section 5 of this Code) is the components design, TSTMI� Chapters 4, 5, 6, 7, R and 9. Path 3 (Section 6 of this Code) contains acceptable practice provisions for conventional residential buildings of three stories or less or small commercial buildings of wood -frame or masonry -wall construction. This section of acceptable practice permits these structures be con- structed in accordance with designated provisions in lieu of performing a thermal analysis. There are a number of limiting conditions where these special provisions may not be applicable. The Code is.organized as shown in the attached chart "Proposed Building Energy Conservation Code". The idea of separating the Code into Building Mechanical Systems, _ Building Enclosure Elements, etc., stems from conventional building code divisions. Thus, the building mechanical systems section may be incorporated in a separate mech- anical code, the hot water section in a plumbing code, — and so forth. The various graphs relative to envelope design have been — relocated to the Standards and replaced by a matrix pro- viding spaces for the appropriate values. The reason for this is that the code, when adopted by a local — regulatory agency, becomes site-specific, and after adoption of the code and identification of the appro- priate Uo, OTTV, etc., values, there is no further need for the graphs. One additional change involved creating a chapter titled "Design Conditions", containing the basic design criteria This follows the traditional building code approach of a chapter of design loads followed by chapters regulating specific material design. (d) Deletion of Reference Documents: References to the many other standards for design have been eliminated and the term "accepted engineering practice" or a similar term has been substituted. Avoidance of reference to specific design reference documents eliminates the problem of introducing proprietary information, complex references, etc., into the code; and permits the integration of all present and future accepted standards into code use without the need for frequent amendment. (e) Registered Engineer Deleted: Reference to certification y an enginee�signer, etc., has been deleted, and Section 104.0 added. Because of the variations of state practice acts as related to engineering and. architecture the code must permit the regulatory offi- cial to require certification per state law. Any other requirements would cause a legal conflict. Your critical comments and suggestions are urged and encouraged. Melvyn Green, P.E. Model Code Group Coordinator PROPOSED BUILDING ENERGY CONSERVATION CODE Bawd 9n ASHRAE 90-75 A 1 nn -- h m4no Lai Ek EA5 Ek -L�Eotl BOCA, ICBG, and SBCC In ..",1 el REGULATED ELEMENTS NC$BC$ POTENTIALLY REGULATED ELEMENTS EROA L9nlOEl no. E104 -1I-1170 JANUARY 191E rina ml MN+o _ j 1 Lai 0 0 TABLE OF CONTENTS SECTION TITLE PAGE 1. ADMINISTRATIVE .......................... 1 2. DEFINITION .............................. 4 3. DESIGN CONDITIONS ....................... 10 4. BUILDING DESIGN BY SYSTEMS ANALYSIS AND BUILDINGS UTILIZING NON-DEPLETABLE ENERGY SOURCES .......................... 12 S. COMPONENT DESIGN ........................ 16 502.0 Building Enclosure Elements..... 16 503.1 Mechanical Systems .............. 22 503.2 Service Water Heating........... 33 504.0 Electrical Power ................ 36 6. ACCEPTABLE PRACTICE ..................... 37 REFERENCE STANDARDS RS -1 - RS -9 ......... S-1 APPENDICES (Future) Organization and Equipment Permits and Inspections 0 0 SECTION 1 - ADMINISTRATIVE 101.0 Title This Code shall be known as the "Model Code for Energy Conservation in New Building Construction", and may be cited as such; and will be referred to herein as "this Code". 101.1 Intent The requirements of this Code shall regulate the design of building envelopes with adequate thermal resistance and low air leakage and the design and selection of mechanical, electrical service, and illumination systems and equipment which will enable the effective use of energy in new building construction. It is intended that these provisions provide adequate flexibility to permit the use of innovative approaches and techniques to achieve effective utilization of energy. These provisions are thus structured to permit a systems approach for the entire envelope and its components, mechanical system and its components; to establish performance criteria for various building elements and mechanical systems and to detail specific acceptable practice standards. Compliance with any one of these three levels meets the intent of this Code. This Code is not intended to abridge any safety or health requirements. 101.2 Scope (a) This Code sets forth requirements for the design of new buildings and structures or portions there- of, designed primarily for human occupancy, covering their exterior envelopes and selection of their HVAC, service water heating, electrical distribution and illuminating systems and equipment for effective use of energy. Buildings shall be designed to comply with the requirements of either Section 4, 5, or 6. (b) Exempt Buildings: 1. Buildings and structures or portions thereof whose peak design rate of energy usage is less than one (1) watt per square foot or three and four tenths (3.4) Btu/hr. per square foot of floor area for all purposes. 2. Buildings which are neither heated nor cooled. - 1 - 0 0 102.0 Application to Existing Buildings (a) Additions to Existin Buildin s: Additions to existing 5511M or structures may be made to such buildings or structures without making the entire building or structure comply. The new construction shall conform to the provisions of this Code as they relate to the new construction only. (b) Historic Buildi�nn�gg�ss: Historic buildings are exempt from t s code. An historic building shall be defined as any building which is deliberately preserved beyond its hormal term of use because of historic associations, architectural interest, or public policy; or which qualifies for special historic building code provisions. (c) Change of Occupancy: Any change in the character 3? occupancy or use of any existing building or structure which would require an increase in de- mand for either fossil fuel or electrical energy supply shall not be permitted unless such building or.structure is made to comply with the require- ments of this Code. 103.0 Materials and Equipment (a) All materials and equipment shall be identified in order to show compliance with this Code. (b) Alternate Materials - Method of Construction, Desi n or nsulatin��stems: T e provisions o f is o e are not intended to prevent the use of any material, method of construction, design, or insulating system not specifically prescribed herein, provided that such construction, design, or insulating system has been approved by the Enforcement Official as meeting the intent of the Code. (c) Maintonance Information: Equipment which requires preventive maintenance to maintain efficient oper- ation shall be furnished with complete necessary maintenance information. Required routine mainten- ance actions shall be clearly stated and incorporated on a readily accessible label. Such label may be limited to identifying, by title or publication number, the operation and maintenance manual for that particular model and type of product. - 2 - 0 0 104.0 Plans and Specifications With each application for a building permit, and when required by the Enforcement Official for enforcement of any provisions of this Code, two sets of plans and specifications shall be submitted. The Enforcement Official may require plans and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. 104.1 Details The plans and specifications shall show in sufficient detail all pertinent data and features of the building and the equipment and systems as herein governed in- cluding but not limited to; exterior envelope component materials, U values of the respective elements including insulation, R values of insulating materials, size and type of apparatus and equipment, equipment and system controls and other pertinent data to indicate conform- ance with the requirements herein. 105.0 Inspections (a) General: All construction or work for which a permit is required shall be subject to inspection by the Enforcement Official. (b) Approvals Required: No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the Enforcement Official. No construction shall be covered without inspection approval. There shall be a final inspection and approval on all buildings when completed and ready for occupancy. The Enforcement Official may cause any structure to be reinspected. 106.0 Validity If any section, subsection, sentence, clause, or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remain- ing portions of this Code. The legislative body hereby declares that it would have passed this Code, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. - 3 - SECTION 2 - DEFINITIONS accessible (as applied to equipment). Admitting close approach, not guarded by locked doors, elevation or other effective means. (See readily accessible) air conditioning. The process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet requirements of the conditioned space. air transport factor. The ratio of the rate of useful sensible heat removal from the conditioned space to the energy input to the supply and return fan motor(s), expressed in consistent units and under the designated operating conditions. automatic. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as for example, a change in current strength, pressure, temperature or mechanical configuration. (See manual.) boiler capacity. The rate of heat output in Btu/h(W) measured at the boiler outlet at the design inlet, outlet, and rated input. " building envelope. The elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior. building project. A building or group of buildings, including onsite energy conversion or electric -generating facilities which utilize a single submittal for a construction permit or are within the boundary of a contiguous area under one ownership. Coefficient of Beam Utilization (CBU). The ratio of the luminous flux (lumens) reaching a specified area directly from a floodlight or projector to the total beam luminous flux. Coefficient of Performance (COP) - See the following paragraphs in 'Section 5 for the definitions of COP as appropriate: 'Electrically Operated HVAC Equipment - Cooling 503.1.5(e) Applied HVAC System Components - Cooling 503.1.5(f) Heated Operated HVAC System Equipment - Cooling 503.1.5(g) Heat Pump - Heating 503.1.5(b) Coefficient of Utilization (CU). The ratio of the luminous flux (lumens) from a luminaire received on the work plane to the lumens emitted by the luminaire's lamps alone. 4 - 0 0 color rendition. General expression for the effect of a light _ source on the color. Appearance of objects in conscious or subconscious comparison with their color appearance under a reference light source. comfort envelope. The area on a psychrometric chart enclosing all those conditions described in Std RS -4, as being comfortable. conditioned floor area. The horizontal projection of that portion of interior space which is contained within exterior walls and which is conditioned directly or indirectly by an energy -using system. Degree Day, Heating. A unit, based upon temperature difference and time, used in estimating fuel consumption and specifying nominal heating load of a building in winter. For any one day, when the mean temperature is less than 650 F there exist as many Degree Days as there are Fahrenheit degrees difference in temperature .� between the mean temperature for the day and 650 F. efficiency, overall system. The ratio of useful energy (at the point of use) to the thermal energy input for a designated time period, expressed in percent. energy. The capacity for doing work; taking a number of forms which may be transformed from one into another, such as thermal (heat), mechanical (work), electrical, and chemical; in customary units, measured in kilowatt-hours (kwh) or British thermal units (Btu) . Energy Efficiency Ratio (EER). The ratio of net cooling capacity in Btu/h to total rate of electric input in watts under designated — operating conditions. When SI units are used this ratio becomes equal to COP. (See COP). energy, recovered. (See recovered energy.) Equivalent Sphere Illumination (ESI). The level of sphere illumi- nation which would produce task visibility equivalent to that produced by a specific lighting environment. exterior envelope. (See building envelope) floodlighting. A lighting system designated to light an area using projector -type luminaires usually capable of being pointed in any ` direction. fuel. A substance which may be burned to give heat to generate electricity; a nuclear substance used to generate electricity. The potential heat energy that is stored in fuels was received from the sun. - 5 - gross floor area. The sum of areas of the several floors of the building, including basements, cellars, mezzanine and intermediate floored tiers and penthouses of headroom height, measured from the exterior faces of exterior walls or from the centerline of walls separating buildings. Covered walkways, open roofed -over areas, porches and similar spaces shall be excluded. The gross floor area does not include such features as pipe trenches, exterior terraces or steps, chimneys, roof overhangs, etc. I gross wall area. The vertical projection of the exterior wall area bounding interior space which is conditioned by an energy -using system; includes opaque wall, window and door areas. I heat. The form of energy that is transferred by virtue of a temperature difference. heated space. Space, within a building, which is provided with a positive heat supply to maintain air temperature of 50 F. or higher. humidistat. An instrument which measures changes in humidity and controls a device(s) for maintaining a desired humidity. HVAC. Heating, ventilating and air conditioning. HVAC system. A system that provides either collectively or `individually the processes of comfort heating, ventilating, and/or air conditioning within or associated with a building. illumination. The density of the luminous flux incident on a surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly illuminated. infiltration. The uncontrolled inward air leakage through cracks and interstices in any building element and around windows and doors of a building, caused by the pressure effects of wind and/or the effect of differences in the'indoor and outdoor air density. Light Loss Factor (LLF). A factor used in calculating the level of illumination after a given period of time and under given conditions. It takes into account temperature and voltage 'variations, dirt accumulation on luminaire and room surfaces, lamp depreciation, maintenance procedures, and atmospheric conditions. luminaire. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. manual. Capable of being operated by personal intervention (See _ automatic). 'ice I - — 0 9 non-depletable energy sources. Sources of energy (excluding minerals) derived from incoming solar radiation including photosynthetic processes; from phenomena resulting therefrom including wind, waves and tides, lake or pond thermal differ- ences; and energy derived from the internal heat of the earth, including nocturnal thermal exchanges. opaque areas. All exposed areas of a building envelope which enclose conditioned space, except openings for windows, skylights, doors and building service systems. outside air. Air taken from the outdoors and, therefore, not previously circulated through the system. packaged terminal air -conditioner. A factory -selected combination of heating and cooling components, assemblies or sections, in- tended to serve a room or zone. positive heat supply. Heat supplied to a space by design or by heat losses occurring from energy -consuming systems or components associated with that space. power. In connection with machines, power is the time rate of doing work. In connection with the transmission of energy of all types, power refers to the rate at which energy is transmitted; in customary units, it is measured in watts (W) or British thermal units per hour (Btu/h), and in SI units is measured in watts (W). readily accessible. Capable of being reached quickly for oper- ation, renewal, or inspections, without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, chairs, etc. (See accessible) recovered energy. Energy utilized which would otherwise be wasted from an energy utilization system. reflectance. The ratio of the light reflected by a surface to the light falling upon it. reheat. The application of sensible heat to supply air that has been previously cooled below the temperature of the conditioned space by either mechanical refrigeration or the introduction of outdoor air to provide cooling. reset. Adjustment of the set point of a control instrument to a higher or lower value automatically or manually to conserve energy. residential building. Living units of one story, two stories or other low-rise, single and multi -family dwellings, not exceeding three stories above grade. - 7 - 0 • room air conditioner. An encased assembly designed as a unit primarily for mounting in a window or through a wall, or as a console. It is designed primarily to provide free delivery of conditioned air to an enclosed space, room or zone. It includes a prime source of refrigeration for cooling and dehumidification and means for circulating and cleaning air, and may also include means for ventilating and heating. Room Cavity Ratio (RCR). A number related to room dimensions used in average illumination calculations. sequence. A consecutive series of operations. service systems. All energy -using systems in a building that are operated to provide services for the occupants or processes housed therein, including HVAC, service water heating, illumination, transportation, cooking or food preparation, laundering or similar functions. service water heating. Supply of hot water for domestic or commercial purposes other than comfort heating. service water heating demand. The maximum design rate of energy withdrawal from a service water heating system in a designated period of time (usually an hour or a day). Shading. Coefficient (SC) I SC= Solar where: DS means B means double strength grade class tration (West Elev. at 4 P. . at a r.m., solar e:aergy source. Source of thermal, chemical or electrical energy derived directly from conversion of incident solar radiation. system. A combination of equipment and/or controls, accessories, interconnecting means, and terminal elements by which energy is transformed so as to perform a specific function, such as HVAC, service water heating or illumination. terminal element. The means by which the transformed energy from a system is finally delivered; i.e., registers, diffusers, lighting fixtures, faucets, etc.. thermostat. An instrument which measures changes in temperature and controls device(s) for maintaining a desired temperature. Thermal Transmittance (U). Overall coefficient of heat trans- mission (air to air) expressed in units of Btu per hour per square foot per degree F. It is the time rate of heat flow. The U value applies to combinations of different materials used in series along the heat flow path, single materials the heat flow path, single materials that section, cavity air spaces, and surface ai of a building element. E used in series along comprise a building r films on both sides Thermal Transmittance (Uo). Overall (average) heat transmission of a gross area of the exterior building envelope, expressed in units of Btu per hour per square foot per degree F. The U value applies to the combined effect of the time rate of heat lows through the various parallel paths, such as windows, doors, and opaque construction areas, comprising the gross area of one or more exterior building components, such as walls floors, or roof/ceiling. unitary cooling and heating equipment. One or more factory -made assemblies which normally include an evaporator or cooling coil, a compressor and condenser combination, and may include a heating function as well. Where such equipment is provided in more than one assembly, the separate assemblies shall be designed to be used together. unitary heat pump. One or more factory -made assemblies which normally include an indoor conditioning coil, compressor(s) and outdoor coil or refrigerant -to -water heat exchanger, including means to provide both heating and cooling functions. It is designed to provide the functions of air -circulating, air clean- ing, cooling and heating with controlled temperature, and de- humidifying, and may optionally include the function of humid- ifying. When such equipment is provided in more than one assembly, the separate assemblies shall be designed to be used together. veiling reflections. Regular reflections superimposed upon diffuse reflections from an object that partially or totally obscure the details to be seen�by reducing the contrast. This sometimes is called reflected glare. ventilation air. That portion of supply air which comes from outside (outdoors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. (See Std. RS -3 and Section 5 of this Code.) work plane. The plane at which work usually is done and at which the illumination is specified and measured. Unless otherwise in- dicated,'this is assumed to be a horizontal plane 30 in. above the floor. zone. A space or group of spaces within a building with heating and/or cooling requirements sufficiently similar so that comfort conditions can be maintained throughout by a single controlling device. - 9 - 0 9 SECTION 3 - DESIGN CONDITIONS 301.0 General: The criteria of this section establish the minimum requirements for thermal design of the exterior envelope of buildings and for HVAC systems and its parts. 301.1 A building that is designed to be both heated and cooled shall meet the more stringent of the heating or cooling requirements as provided in this code when requirements differ. 301.2 302.0 I The design of buildings for energy conservation shall not create conditions of accelerated deterioration from moisture condensation. Design Parameters: The following design parameters shall be used for calculations required under this section. (a) OUTDOOR DESIGN TEMPERATURE WINTER -4 OF. Design Dry -Bulb 910F. SUMMER Design Wet -Bulb 770F. DEGREE DAYS HEATING 6404 published weather information for Iowa City. IThe outdoor design temperature shall be selected from the columns of 97h percent values for winter and 2h percent values for summer from the tab.les in Standard RS -l. Adjustments may be made to reflect local climates which differ from the tabulated temperatures, or local weather experience as determined by the Building Offic- ial. (b) Indoor design temperature shall be 72 deg. F. for heating and 78 deg. F. for cooling. (c) Indoor design relative humidity for heating shall not exceed 30 percent. For cooling, the actual design - 10 - relative humidity within the comfort envelope as defined in Std. RS -4 shall be selected for minimum total HVAC system energy use in accordance with accepted practice. 303.0 Ventilation: Ventilation air shall conform to Std. RS -3. The minimum column value for each type of occupancy shall be used for design. The ventilation quantities specified are for 100 percent outdoor air ventilating systems but a reduction to 33 percent of the specified outdoor values for recirculating HVAC systems is permitted. EXCEPTIONS: If outdoor air quantities other than those specified are used or required because of special occupancy or process requirements, source control of air contamination, or other standards, the required outdoor air quantities shall be used as the basis for calculating the heating and cooling design loads. 1';' SECTION 4 - BUILDING DESIGN BY SYSTEMS ANALYSIS AND BUILDINGS UTILIZING NON-DEPLETABLE ENERGY SOURCES 4D1.0 General: This section establishes design criteria in terms of total energy use by a building including all of its systems. 401.1 Compliance with this section will require an annual energy analysis. Sections 5 f, 6 of this Code establish criteria for different energy consuming and enclosure elements of the building which, if followed, will eliminate the re- quirement for an annual energy analysis while meeting the intent of this Code. A building designed in accordance with this section will be deemed as complying with this Code if the annual energy consumption is not greater than a similar building (defined as a "standard design") whose enclosure elements and energy consuming systems are designed in accordance with Sec. 5. Building of similar designs shall mean a building utilizing the same energy source(s) for the same functions and having equal floor area, environmental requirements, occupancy, climate data and usage operational schedule. 401.2 The standard design, conforming to the criteria of Sec. 5 and the proposed alternative design shall be designed on a common basis as specified herein. The comparison shall be expressed as Btu input per square foot of gross floor area per year. If the proposed alternative design results in an increase in consumption of one energy source and a decrease in another energy source (even though similar sources are used for similar purposes) the difference in each energy source shall be converted to equivalent energy units for purposes of comparing the total energy used. 402.0 Analysis Procedure The analysis of the annual energy usage of the standard and the proposed alternative building and system design -shall meet the following criteria: (a) The building heating/cooling load calculation procedure used for annual energy consumption analysis shall be of sufficient detail to permit the evaluation of effect of factors specified in Section 402.1. - 12 - 402.1 402.2 0 (b) The calculation procedure used to simulate the operation of the building and its service systems through a full year operating period shall be of sufficient detail to permit the evaluation of the effect of system design, climatic factors, operational characteristics, and mechanical equipment on annual energy usage. Manufacturer's data or comparable field test data shall be used when available in the simulation of all systems and equipment. The calculation procedure shall be based upon 8760 hr. of operation of the building and its service systems and shall utilize accepted engineering practice. The calculation procedure shall cover the following items: (a) Environmental requirements as required in Section 3. (b) Climatic data: Coincident hourly data for temperatures, solar radiation, wind and humidity of typical days in the year representing seasonal variation. (c) Building data: Orientation, size, shape, mass, air. moisture and heat transfer charac:c:lstics. (d) Operational characteristics: Temperature, humidity, ventilation, illumination, control mode for occupied and non -occupied hours. (e) Mechanical equipment: Design capacity, part load profile. (f) Internal heat generation, lighting, equipment, number of people during occupied and non - occupied periods. Documentation Proposed alternative designs, submitted as requests for exception to the standard design criteria, shall be accompanied by an energy analysis comparison report. The report shall provide sufficient technical detail on the two building and systems designs and on the data used in and resulting from the comparative analysis to verify that both the analysis and the designs meet the criteria of this code. The documentation shall demonstrate that the analysis used is consistent with accepted techniques and procedures. - 13 - 1,. 0 EXCEPTION: Proposed alternative designs for single- family dwellings and for commercial and industrial structures having an area of 5,000 square feet or less, having the indoor temperature controlled from a single point are exempted from the full -year energy analysis as described above. A comparison of energy consumption between the alternative design and the standard design shall be provided. Such analysis shall follow accepted engineering practice. 403.0 Building utilizing solar, geothermal, wind or other non- depletable energy sources. (a) Any proposed building utilizing solar, geothermal, wind or other non-depletable energy sources for all or part of its energy source shall meet the requirements of Section 401 of this code, except such non-depletable energy may be excluded from the total annual energy consumption allowed for the building by that section. (b) To qualify for this exclusion, such energy must be derived from a specific collection, storage and distribution system. The solar energy passing through windows shall also be considered as qualifying if such windows are provided with (1) operable insulating shutters or other devices which, when drawn or closed, shall cause the window area to reduce maximum outward heat flows to those in accordance with Section 502.3(a) and Section 502.4(a) and, (2) the window areas are shaded or otherwise protected from the direct rays of the sun during periods when cooling is required. (c) This provision shall also apply to nocturnal cooling processes in lieu of energy consuming processess. (d) All other criteria covered in Sections 401 and 402 shall apply to the proposed alternative designs utilizing non-depletable sources of energy. 403.1 Documentation: Proposed alternative designs, submitted .as requests for exception to the standard design cri- teria shall be accompanied by an energy analysis, as specified in Section 402. The report shall provide sufficient technical detail on the alternative building and system designs and on the data employed in and resulting from the comparative analyses as to verify that both the analyses and the designs meet the cri- teria of Section 5 and this section. - 14 - The energy derived from non-depletable sources and the reduction in conventional energy requirements derived from nocturnal cooling, shall be separately identified from the overall building energy use. Supporting documentation, on the basis of the per- formance estimates for the aforementioned non- depletable energy sources or nocturnal cooling means, must be submitted. Energy usage must be calculated in accordance with the design conditions and methods specified in this Code. EXCEPTIONS: Proposed alternative designs for re- sidential ind commercial structures of less than 20,000 ft. that derive a minimum of 30% of their total annual energy usage from non-depletable sources or from nocturnal cooling, shall be exempt from the requirement of a full year energy system analysis, providing that the annual input of such non-depletable sources, or the extent of such nocturnal cooling can reasonably be expected to meet the demands imposed by the proposed alternative de- sign. Other commercial, institutional and industrial structures that derive over 50 percent of their annual thermal requirements (heating, cooling, service water heating) or over 30 percent of their annual total energy requirements from non-depletable sources shall be exempted from the necessity of comparing the pro- posed design to a standard design which follows the provisions of Section 401.1. Documentation, verifying the percentage of annual energy use derived from such non-depletable sources shall be required as provided in Section 403.1. - 15 0 SECTION 5 - COMPONENT DESIGN 501.0 General: All buildings that are heated or mechanically coolie shall be constructed so as to provide the required thermal performance of the various components. 501.1 A building that is designed to be both heated and cooled shall meet the more stringent of the heating or cooling requirements as provided in this code when requirements differ. 502.0 502.1 502.2 Building Enclosure Elements Definitions (a) The gross area of exterior walls consists of all opaque wall areas, including foundation walls above grade, between floor spandrels, peripheral edges of floors, window areas including sash, and door areas, where such surfaces are exposed to outdoor air and enclose a heated or mechanically cooled space includ- ing interstitial areas between two such spaces. (b) A roof assembly shall be considered as all components of the roof/ceiling envelope through which heat flows, thereby creating a building transmission heat loss or gain, where such assembly is exposed to outdoor air and encloses a heated or mechanically cooled space. (c) The gross area of a roof assembly consists of the total interior surface of such assembly, including skylights exposed to the heated or mechanically cooled space. Where return air ceiling plenums are employed, the roof/ceiling assembly shall: 1. For thermal transmittance purposes, not include the ceiling proper nor the plenum space as part of the assembly; and, 2. For gross area purposes, be based upon the interior face of the upper plenum surface. (a) The stated Uo value of any one assembly, such as roof/ ceiling, wall or floor, may be increased and the Uo value for other components decreased provided that the overall heat gain or loss for the entire buildine envelope does not exceed the total resulting from conformance to the stated Uo values. (b) In addition to the criteria set forth in this article, the proposed design may take into consideration the thermal mass of the building in considering energy conservation. - 16 - rJ 502.3 Criteria for use Group R Residential Buildings three (3) stories or less in height: Type A-1 - detached one -and - two -family dwellings; Type A-2 - All other residential buildings, three stories or less. Heating and Cooling Criteria (a) Any Residential building as herein defined that is heated or mechanically cooled shall have a combined thermal transmittance value of the gross area of the elements of the exterior building envelope, not exceeding the value given in Table 5-1. Equation 1 shall be used to determine acceptable combinations of building components and thermal properties to meet this requirement. TABLE 5-11 1Values shall be determined by using the charts and graphs contained in Std. RS -9, using degree days heating as specified in Section,302.0. EXCEPTIONS: 1. Walls: The requirements for locations with less than 500F. heating degree days shall be: (a) No maximum Uo if building is heated only. (b) If the building is to be mechanically cooled when built, or if provision is made for the future addition of mechanical cooling, the maximum Uo for walls shall be 0.30 Btu/hr.ft.F. 2. Roofs: Roof/ceiling assemblies in which the finished interior surface is essentially the underside of the roof deck, such as a wooden cathedral ceiling, may have a maximum Uo value of 0.08 Btu/h.ft.F. - 17 - V Type A-1 Type A-2 Buildings Buildings ELEMENT MODE Uo Uo Walls Heating $ 0.21 or less 0.27 Bpi CoolingBTU/hr•ft2•°F c or less.r t --'F Roof/Ceiling Heating $ 0.072 BTU Same as for Cooling or .less r• t • A-1 buildings Floors over Heating & 0.08 BTU Same as for Unheated Spaces Cooling or less r - t • A-1 buildings Slab on Grade Heating R value Same as for 7.3 or greater A-1 buildings 1Values shall be determined by using the charts and graphs contained in Std. RS -9, using degree days heating as specified in Section,302.0. EXCEPTIONS: 1. Walls: The requirements for locations with less than 500F. heating degree days shall be: (a) No maximum Uo if building is heated only. (b) If the building is to be mechanically cooled when built, or if provision is made for the future addition of mechanical cooling, the maximum Uo for walls shall be 0.30 Btu/hr.ft.F. 2. Roofs: Roof/ceiling assemblies in which the finished interior surface is essentially the underside of the roof deck, such as a wooden cathedral ceiling, may have a maximum Uo value of 0.08 Btu/h.ft.F. - 17 - V s ri (b) Slab on Grade Floors: For slab on grade floors, thetherm—al resistance of the insulation around the perimeter of the floor shall not he less than the value given in Table 5-1. The insulation small extend downward from the top of the slab for a _ minimum distance of 24 inches or downward to the bottom of the slab then horizontally beneath the slab for a minimum total distance of 24 inches. (c) Windows and Doors and Air Leakage: (See Section 502.5) 502.4 Criteria for all other Buildings (a) Heating Criteria; 1, Any building that is heated, except a Type R building of three stories or less, shall have a com- bined thermal transmittance value (Uo value) of the gross area of the elements of the exterior building envelope not exceeding the values given in Table 5-2. Equation 1 shall be used to determine acceptable combinations of building components and thermal properties to meet this requirement for heating, TABLE 5-21 ELEMENT MODE UO OTTV R Value over 1 hreflegt?Rjes 0;32 Walls three' 0.2 BTU Cooling 34 r• t Roof/Ceiling Heating 6 Cooling 0.072 Floors over Heating 0.08 Unheated Spaces Slab on Grade Heating hr _/.3 1 t2. OF U,— 1Values shall be determined by using the charts and graphs contained in Std. RS -9; using degree days heating as specified in Sec. 302.0. 2. Slab on Grade Floors: For slab on grade floors the thermal resistance of the insulation around the perimeter of the floor shall not be less than the - 18 - value given in Table 5-2. The insulation shall extend downward from the top of the slab for a minimum distance of 24 inches, or downward to the bottom of the slab; then horizontally beneath the slab for a minimum total distance of 24 inches. (b) Cooling Criteria: 1. Walls: Any building that is mechanically cooled shall have an overall thermal transfer value, OTTV, for the gross area of exterior walls, not exceeding the values shown in Table 5-2 in Btu/ h.ft2. Eq. 2 shall be used to determine accept- able combinations to meet these requirements. 2. Roof/Ceiling: Any building that is mechanically cooled shall have a combined thermal transmit- tance value (Uo value) for roof/ceiling not to exceed that specified in Table 5-2. (c) Windows and Doors (See Section 502.5) - 19 - U 502.5 e Air Leakage for all Buildings e (a) The requirements of this section shall apply to all buildings and structures and apply to those locations separating outdoor ambient conditions from interior spaces that are heated or mechanically cooled and are not applicable to the separation of interior conditioned spaces from each other. (b) Exterior joints around windows and door frames; openings between walls and foundations, between walls and roof and between wall panels; openings at penetrations of utility services through walls, floors and roofs; and all other such openings in the building envelope shall be sealed in an approved manner. All exterior doors and windows shall be designed to limit air leakage into or from the building envelope, and shall have air infiltration rates no greater than those shown in Table 5-3. TABLE 5-3 ALLOWABLE AIR INFILTRATION RATES WINDOWS RESIDENTIAL DOORS COMMERCIAL DOORS Cc - m —per square foot of door area (cfm per lin.foot f r ck (cfm per foot of operable sash crack) Sliding Glass Entrance 1 Swinging, sliding, Revolving 0.5 0.5 1.25 1 11.0 1. When tested �t a pressure differential of 1.567 lb/ft, which is equivalent to the impact pressure of a 25 mph wind. 2. Compliance with the criteria for air leakage of all types of doors shall be determined by Std. RS -2, Standard Method of Test for Rate of Air Leakage through exterior windows, curtain walls and doors. Exception: (1) Site built windows shall be constructed to minimize leakage. (2) Required fire doors with a fire resistive rating over (1) hour, and fire windows are exempt from this section. - 20 - EQUATION 1 Uo= UA, + U,Ar + UtAe ............ A WHERE: Uo= the average or combined transmittance of the gross exterior wall, floor or roof/ceiling assembly area. (Except slabs on grade. ) A = the gross exterior wall, floor or roof/ceiling assembly area. U.= the thermal transmittance of the components of the opaque wall, floor or roof/ceiling assembly area. A„= opaque wall, floor or roof/ceiling assembly area. U.= the thermal transmittance of the glazing (window or skylight) area. A,= glazing area. Ue= the thermal transmittance of the door, or similar open- ing. Ac= door area. Note: Where more than one type of wall, window, rooflceiling, door and skylight is used, the U and A terms for those items shall be expanded into subelements as: L4-A„t + U", .,+ UWA.r+, etc. EQUATION 2 OTTV '_ (U,,VDeo) + (AfSF SC) + (UrAtAl) ........ A WHERE: OTTV = average or combined thermal transfer value. A = gross exterior wall fl„=Uvalueofopaque walk (all elements) A.= opaque wall, area UI= U value of the fenestration area. AI= fenestration area TDso= temperature difference value. (from table below) SC = shading cofftcient of the fenestration (see definitions) At = temperature difference between exterior and interior destan condition. 1 SF solar factor value Note: Where more than one type of wall, is used, the respective terms for those elements shall be expanded into subelements, as: (QUrAnTDroQ + (LL:A.TOzor) + etc. TEMPERATURE DIFFERENCES FOR USE WITH EQUATION 2 WAILS WEIGHT OF CONSTRUCTION Lks./Ft' TDze FACTOR 0.25 44 26-40 37 41-70 30 71 and Above 23 1 S - Solar factor shall be determined from Std RS -9. - 21 - 0 503.1.0 Building Mechanical Systems Scope: This section covers the determination of heating and cooling loads, design requirements and equipment and component performance and control requirements. Require- ments are established for insulating HVAC systems and for duct construction. EXCEPTIONS: Special applications, including but not limited to hospitals, laboratories, thermally sensitive equipment and computer rooms may be exempted from the requirements of this section when approved by the Enforcement Official. 503.1.1 Calculations of Heating and Cooling Loads Calculation Procedures. cleating and cooling design loads for the purpose of sizing HVAC systems shall be determined in accordance with accepted engineering practice. The design parameters specified in Section 3 shall apply for all computations. 503.1.2 Infiltration. Infiltration for heating and cooling design loads shall be calculated using accepted engineering practice. 503.1.3 Simultaneous Heating and Cooling Simultaneous heating and cooling by.reheating or retooling supply air or by concurrent operation of independent heating and cooling systems serving a common zone shall be restricted as delineated below. (a) Recovered energy, provided the new energy expended in the recovery process is less than the amount recovered, may be used for control or temperature and humidity. (New energy is defined as energy, other than recovered, utilized for the purpose of heating or cooling.) (b) New energy may be used, when necessary, to prevent relative humidity from rising above 60•percent for comfort control or to prevent condensation on terminal units or outlets. (c) New energy may be used for control of temperature if minimized as delineated in paragraph (d) through (h). (d) Reheat Systems. Systems employing reheat and serving multiple zones, other than those employing variable air volume for temperature control, shall be provided with control that will automatically reset the system cold air supply to the highest temperature level that will satisfy the zone requiring the coolest air. Single zone reheat systems shall be controlled to sequence reheat and cooling. - 22 - ,J (e) Dual Duct and Multi Zone Systems: These systems shall be provided with control that will automatic- ally reset: (1) the cold deck air supply to the highest temperature that will satisfy the zone requiring the coolest air, and (2) the hot deck air supply to the lowest temperature that will satisfy the zone requiring the warmest air. (f) Retooling Systems: Systems in which heated air is retooled, directly or indirectly, to maintain space temperature shall be provided with control that will automatically reset the temperature to which the supply air is heated to the lowest level that will satisfy the zone requiring the warmest air. (g) For systems with multiple zones, one or more zones may be chosen to represent a number of zones with similar heating/cooling characteristics. A multiple zone HVAC system that employs reheating or retooling for control of not more than 5,000 ft./min., or 20 percent of the total supply air of the system, which- ever is less, shall be exempt from the supply air temperature reset requirement of paragraph (d) through (f). (h) Concurrent operation of independent heating and cooling systems serving common spaces and requiring the use of new energy for heating or cooling shall be minimized by one or both of the following: 1. By providing sequential temperature control of both heating and cooling capacity in each zone. By limiting the heating energy input through automatic reset control of the heating medium temperature (or energy input rate) to only that necessary to offset heat loss due to transmission and infiltration and, where applicable, to heat the ventilation air supply to the space. 503.1.4 Energy Recovery Consideration shall be given to the use of recovery systems which will conserve energy (provided the amount expended is less than the amount recovered) when the energy transfer potential and the operating hours are considered. 503.1.5 HVAC Equipment Performance Requirements (a) The requirements of this section apply to equipment and component performance for heating, ventilating and air conditioning systems. Where equipment efficiency levels are specified, data furnished by the equipment supplier or certified under a nationally recognized certification program or rating procedure shall be used to satisfy these requirements. - 23 0 0 (b) HVAC -System Heating Equipment Heat Pumps-Hcating Mode: Heat pumps whose energy input is entirely electric shall show a coefficient of performance (COP heating, as defined herein) not less than the values shown in Table 5-4. 1. These requirements apply to, but are not limited to, unitary heat pumps (air source and water source) in the heating mode and to heat pumps in the packaged terminal air -conditioner and room air -conditioner forms in the heating mode. Field assembled unitary heat pumps, consisting of one or more components, shall show compliance with this section. 2. Coefficient of Performance (COP) Heating: The ratio of the rate of net heat output to the rate of total energy input, expressed in consistent units and under designated rating conditions. The rate of net heat output shall be defined as the change in the total heat content of the air entering and leaving the equipment (not in- cluding supplementary heat). Total energy input shall be determined by com- bining the energy inputs to all elements, except supplementary heaters, of the heat pump, including, but not limited to, compressor(s), pump(s), supply -air fan(s), return -air fan(s), outdoor -air fan(s), cooling -tower fan(s), and the HVAC -system equipment control circuit. 3. Supplementary Heater: The heat pump shall be installed with a control to prevent supple- mentary heater operation when the heating load can be met by the heat pump alone. Supplementary heater operation is permitted during transient periods, such as start-ups, following room thermostat set -point advance, and during defrost. A two-stage thermostat, which controls the supplementary heat on its second stage, shall be accepted as meeting this requirement. The cut -on temperature for the compression heating shall be higher than the cut -on temperature for the supplementary heat, and the cut-off temperature for the compression heating shall be higher than the cut-off temperature for the supplementary heat. Supplementary heat may be derived from any source of electric resistance heating or combustion heating. - 24 - 0 (c) HVAC -System -Combustion Heating Equipment: All gas and oil fired comfort heating equipment shall show a minimum combustion efficiency of 75 percent at maximum rated output. Combustion efficiency is de- fined as 100 percent minus stack losses in percent of heat input. Stack losses are: 1. Loss due to sensible heat in dry flue gas 2. Loss due to incomplete combustion 3. Loss due to sensible and latent heat in moisture formed by combustion of hydrogen in the flue (d) Mechanical Ventilation: Each mechanical ventilation system (supply and/or exhaust)shall be equipped with a readily accessible means for either shut-off or volume reduction and shut-off when ventilation is not required. (e) HVAC -System Equipment,Electrically Operated Cooling Mode: HVAC -system equipment as listed below whose energy input in the cooling mode is entirely electric, shall show a Coefficient of Performance (COP) cooling as defined herein not less than values shown in Table 5-5. 1. These requirements apply to, but are not limited to, unitary cooling equipment (air-cooled, water- cooled and evaporatively-cooled; the cooling mode of unitary heat pumps (air source and water source); packaged terminal air -conditioners; and room air -conditioners. EXCEPTION: These requirements do not apply to equipment used in areas having open refrigerated food display cases. 2. Coefficient of Performance (COP) Cooling: The ratio of the rate of net heat removal to the rate of total energy input, expressed in consistent units and under designated rating conditions. The rate of new heat removal shall be defined as the change in the total heat contents of the air entering and leaving the equipment (without re- heat). Total energy input shall be determined by combining the energy inputs to all elements of the equipment, including but not limited to compressor(s), pump(s), supply -air fan(s), return -air fan(s), condenser - air fan(s), cooling -tower fan(s), and pump(s), and the HVAC -system equipment control circuit. - 25 - 1, : 503.1.6 (f) Applied HVAC -System Components, Electrically Oper- ated' Cooling Mode: HVAC -system components, as listed in Table 5-6, whose energy input is entirely electric, shall show a Coefficient of Performance (COP) cooling, as defined herein, and not less than the values shown in Table 5-6• 1. Coefficient of Performance (COP) Cooling: The rate of total energy input, expressed in con- sistent units and under designated rating conditions. The rate of net heat removal is defined as the difference in total heat contents of the water or refrigerant entering and leaving the component. Total energy input shall be determined by com- bining the energy inputs to all elements and accessories of the component, including but not limited to compressor(s), internal circulating pump(s), condenser -air fan(s), evaporative - condenser cooling water pump(s), purge, and the HVAC -system component control circuit. (g) HVAC -System Equipment - Heat Operated Cooling Mode. Efficiency Limitation Equipment: Heat operated cooling equipment shall show a (COP) cooling not less than the values shown in Table 5-7. These requirements apply to, but are not limited to, absorption equipment, engine driven equipment, and turbine driven equipment. Energy for Air Delivery The air transport factor for each all -air HVAC system shall not be less than 4.0. The factor shall be based on design system air flow for constant volume systems. The factor for variable air volume systems may be based on average conditions of operation. Energy for transfer of air through heat recovery devices shall not be in- cluded in determining the factor; however, such energy shall be included in the evaluation of the effectiveness of the heat recovery system. Air Transport Factor "Expressed in Btulhr. 503.1.7 Balancing Space Sensible Heat Removal" (Supply + Return Fan(s) Power Input)" The HVAC system design shall provide means for balancing the air and water systems such as but not limited to dampers, temperature and pressure test connections and balancing valves. - 26 - 503.1.8 Cooling with Outdoor Air (Economizer Cycle) Each fan system shall be designed to use up to and in- cluding 100 percent of the fan system capacity for cooling with outdoor air automatically whenever its use will result in lower usage of new energy. Activation of economizer cycle shall be controlled by sensing out- door air enthalpy and dry-bulb temperature jointly or outdoor air dry-bulb temperature alone to accomplish the above. EXCEPTIONS: Cooling with outdoor air is not required under any one or more of the following conditions: a. Fan system capacity less than 5,000 ft.3/min. or 134,000 Btu/hr. total cooling capacity. b. The quality of the outdoor air is so poor as to require extensive treatment of the air. c. The need for humidification or dehumidification requires the use of more energy than is con- served by the outdoor air cooling. d. The use of outdoor air cooling may affect the operation of other systems so as to increase the overall energy consumption of the building. e. Internal/external zone heat recovery or other energy recovery is used. f. Annual Fahrenheit heating degree days are less than 2500. g. When all space cooling is accomplished by a circulating liquid which transfers space heat directly or indirectly to a heat rejection device such as a cooling tower without the use of a refrigeration system. 503.1.9 Controls (a) Temperature Control: Each HVAC system shall be pro- vided with at least one thermostat for the regulation of temperature. Each thermostat shall be capable of being set as follows: 1. Where used to control heating only 55-750F. 2. Where used to control cooling only 70-850F. 3. Where used to control both heating and cooling it shall be capable of being set from 55-85oF and shall be capable of operating the system heating and cooling in sequence. It shall be adjustable to provide a temperature range of up to 10OF between full heating and full cooling, except as allowed in 503.1.3(h). - 27 - a (b) Humidity Control: If an HVAC system is equipped with a means for adding moisture to maintain spec- ific selected relative humidities in spaces or zones, a humidistat shall be provided. This de- vice shall be capable of being set to prevent new energy from being used to produce space relative humidity above 30 percent rh. Where a humidistat is used in an HVAC system for controlling moisture removal to maintain specific selected relative humidities in spaces or zones, it shall be capable of being set to prevent new energy from being used to produce a space relative humidity below 60 per- cent relative humidity. ■.. - 28 - (c) Zoning for Temperature Control 1. One and Two Family Dwellings: At least one thermostat oTr regu tioH space temperature shall be pro- vided for each separate HVAC system. In addition, a readily accessible manual or automatic means shall _ be provided to partially restrict or shut off the heating and/or cooling input to each zone or floor. EXCEPTION: Non -conditioned basements and garages. 2. Multi -Family Dwell�in s_: For multi -family dwellings, each inUivi ud—al�welfing unit shall be considered separately and shall meet the above requirements. Spaces other than living units shall meet the re- quirements of Section 503.1.9(c)3. 3. All Other Types of Buildings or Occu ancies: At east one t ermostat or regulation o. space temper- ature shall be provided for: a. Each separate HVAC system. b. Each separate zone as defined in Section 2. As a minimum each floor of a building shall be considered as a separate zone. In a multi- story building where the perimeter system off- sets only the transmission losses of the exterior wall, an entire side of uniform exposure may be zoned separately. A readily accessible manual or automatic means shall be provided to partially restrict or shut off the heating and/or cooling input (for the exposure) to each floor. 4. Control Setback and Shut-off: a. Residential Occcu an_cy Groups: One -and Two- -' Fami3y a�Frult roilyD— w lings - The thermostat required in 503.1.9(c)3 or an alternate means such as a switch or clock, shall provide a readily accessible, manual or automatic means for reducing the energy required for heating and cooling during periods of non-use or reduced need, such as, but not limited to unoccupied periods and sleeping hours. Lowering thermostat set points to reduce energy consumption of heat- ing systems shall not cause energy to be expended to reach the reduced setting. b. Other Buildin s e and occupancies: Each HVAC T_ ystem s a equippe with a readily access- ible means of shutting off or reducing the energy used for HVAC during periods of non-use or alternate uses of the building spaces or zones served by the system. The following are examples that meet this requirement: - 29 - �J 0 1. Manually adjustable automatic timing devices 2. Manual devices for use by operating personnel 3. Automatic control systems 503.1.10 Air Handling Duct System Insulation 503.1.11 All ducts, plenums and enclosures installed in or on buildings shall be thermally insulated as follows: (a) All duct systems, or portions thereof, shall be insulated to provide a thermal resistance, excluding film resistances of: R = D t (hr) (F) (ft2) /Btu 7 where bt = the design temperature differential between the air in the duct and the surrounding air in FO. EXCEPTIONS: Duct insulation (except where required to prevent condensation) is not required in any of the following cases: 1. Where A t is 25OF or less. 2. Supply or return air ducts installed in crawl - spaces with insulated walls, basements or cellars in one- and two-family dwellings. 3. When the heat gain or loss of the ducts, without insulation, will not increase the energy require- ments of the building. 4. Within HVAC equipment. S. Exhaust air ducts. (b) Vapor Barriers shall be provided (where required) to prevent condensation. Duct Construction All duct work shall be constructed and erected in accordance with the Mechanical Code of the jurisdiction. (a) High-pressure and medium -pressure ducts shall be leak tested in accordance with nationally recognized stand- ards. (b) When low pressure supply air ducts are located out- side of the conditioned space (except return air plenums), all transverse joints shall be sealed using mastic or mastic plus tape. For fibrous glass duct- work, pressure sensitive tape may be used. (c) Automatic or manual dampers installed for the purpose of shutting off outside air intakes for ventilation air shall be designed with tight shut-off character- istics to minimize air leakage. 503.1.12 Piping Insulation All piping installed to serve buildings and within buildings shall be thermally insulated in accordance with Table 5-8, except as stated herein (for service water heating systems see Section 503.2). (a) Other Insulation Thickness: Insulation thickness in Table are based on insulation having thermal resistance in the range of 4.0 to 4.6 per inch of thickness on a flat surface at a mean temperature of 750F. Minimum insulation thickness shall be in- creased for materials having R values less than 4.0, or may be reduced for materials having R values greater than 4.6. 1. For materials with thermal resistance greater than R = 4.6, the minimum insulation thickness may be reduced as follows: 4.6 x Table 5.8 thickness - New Minimum Thickness Actual 2. For materials with thermal resistance less than R = 4.0, the minimum insulation thickness shall be increased as follows: 4.0 x Table 5.8 Thickness = New Minimum Thickness Actual R (b) Vapor barriers shall be provided to prevent conden- sation where required. (c) EXCEPTIONS: Piping insulation is not required in any of the following cases: 1. Piping installed within HVAC equipment. 2. Piping at temperatures between 550F, and 1200F. 3. When the heat loss and/or heat gain of the piping, without insulation, does not increase the energy requirements of the building. 4. Piping, installed in crawl spaces with insulated walls, basements or cellars in one- and two- family dwellings. - 31 - 9 0 TABLE NO. 5-4 • MINI411PI COP FOR fl1:Ar PUMPS, HEM'= MOM, --SOURCE AND ournunR TIIPRRATURE (OF.) ------- MINIMUM coil -_— Air Soaree - 47 d0/431:3 — 2.2 -__-1.2 ---- Air Source 17 dD/l5NB — — vatcl Snaree - 60 Entering -- 2.2 TABLE. No. 5-`. - MINIMUM EER ANO COP foil ELECTRIC Ll kf INC, t•EM'11 A. I'INO AND Alli S%,,rF31 F.Qu[i,mrvr ---- STAND.IIID RATV:G CAP.a:ITY -- EF.R-- --COP Under 65,000 11TC/hr (19,050 watts).-- —6.1 1.8 65,000 BTU/hr (19,030 t+atts) and over 6.8 2.0 - T.%BLii NO. 5-6 - MINIMUM COP FOR ELECTRICALLY I'3 VEN Ili:ATl%G. 5'CN1'MAT1NG AND AIR CONDITIONING SYST'LM CIDIPONE.sTS --C Ctii:DE:<S'lXG ___ �trlfu�;al AIR-- ECR _(_COY i_i 2.1_ _ I::? _I:.7 _ CUP— 3.8 .7, u:LCfoii —1_FH _ fnN_ Soli -caned ncJ I'usl[tve ATL11•E UP TO AND TO l:a[c_r rhe l lern _ Dlapl:!ec_enc 7_ [zl_l 1_0.9 7.2 LESS 2" Gn11.JC11liv,l'il`SS VC LARGER -IIEATINII SYSrI-NS dat•___rll:il[t 2.6_ 306-450 3.2 1-1/2 2 _10.9 — — 7-1/2 Fled, Prcusur4/'CCTp C.lupres:n-r and 1-1/2 1-1/2 2 C.,ndunscr units Pas I Live 3 Low Prcu:wlrc/'rcmp 201-250 1 1 I-1/2 65,000 VIU/hr DisptacumOnt 2 1-1/2 Luv Tcmperatnre 120-200 1/2 3/4 I (19,050 uatts 7.82.3 Steam Conden•.ate 11.3 7.3 11.3 3.3 and over) 1-1/2 _ __ Any _-• -- TABLE NU. 5-7 - NINIRDI COP FOR HEATING, l'I:NT11ATl%G AND AIR CONDITIONING S5•STJI:I IIEA'r OPERATED COOI.INC EQUIPAENT HEAT SOURCE "MINIUM COP Direct fired (gas, oil) 0.40 Indirect fired (steam, her water) 0.65 TABLE NO. 5-8 TIIN111L7.4 11IPE INSULATION FLUID TEMPER- ------ INSGLAl'I11N l::CIICS Far Tlll(:N;:IiaS IN ---- MPE NI%ES _-_ _ RU8- OUTS 1" 1-1/4 2-1/2 51' 811 ATL11•E UP TO AND TO TO TO AND PIPING SYSTM TYPES RANGE, F. 2" LESS 2" 4" 6" LARGER -IIEATINII SYSrI-NS Steam and Not Water High Pressure•/Teinp 306-450 1-1/2 1-1/2 2 2-t/2 3-1/2 7-1/2 Fled, Prcusur4/'CCTp 251-765 1-1/2 1-1/2 2 2-1/2 3 3 Low Prcu:wlrc/'rcmp 201-250 1 1 I-1/2 1-1/2 2 1 2 1-1/2 Luv Tcmperatnre 120-200 1/2 3/4 I 1 Steam Conden•.ate 1 l 1 1-1/2 1-1/2 2 (for Food Water) Any COOLIIG SYSIN4S chilled Nato 40-55 1/2 1/2 3/4 1 1 1 Refrigerant, or 40 1 I1 1_1/___1`7/2 1-1/2 Brine _-_Below -1_-1/2 503.2.0 SERVICE WATER HEATING (a) General: [lot water for domestic, sanitary and swimming pool purposes shall be generatedand delivered in a manner conducive to saving heat energy. (b) Scope: The purpose of this section is to provide criteria for design and equipment selection that will produce energy savings when applied to service water heating. 503.2.1 Water Heaters, Storage Tanks, Boilers, and Piping (a) Performance Efficiency 1. All automatic, electric, storage water heater(s) shall have a stand-by loss not exceeding 4 W/ ft.2 of tank surface area; when tested in accordance with Std. RS -7. 2. All gas and oil fired, automatic storage heaters shall have a recovery efficiency (Er) not less than 75 percent and a stand-by loss percentage (S) not exceeding: where S - 2.3 + 67/V V o rated volume in gallons When tested in accordance with Std. RS -7. EXCEPTION: For oil fired units CF = 1.O;Q equals total gallons of oil consumed; and H equals total heating value of oil in Btu/gal.. 3. Insulation: Heat loss from unfired hot water storage tanks shall be limited to a maximum of 15 Btu/hr.ft.2 of external tank surface area. the design ambient temperature shall be no higher than 650F. 4. Combination Service Water Heating/Space Heating Boilers: Service water heating equip- ment shall not be dependent on year round operation of space heating boilers;(that is, boilers that have as another function winter space heating). - 33 - A 0 0 EXCEPTION: Exempt from these requirements are systems with service/space heating boilers having a stand-by loss Btu/hr. less than: 13.3 pmd + 400 (3.7 x 106 pmd + 117) n n pmd = probable maximum demand n = fraction of year when outdoor daily mean temperature exceeds 64.90F. The stand-by loss is to be determined for a test period of 24 hr. duration while maintain- ing a boiler water temperature of 90OF above ambient. (b) Temperature Controls 1. Service water heating systems shall be equipped with automatic temperature controls capable of adjustment from the lowest to the highest ac- ceptable temperature settings for the intended use. 2. Shut dcwn: A separate switch shall be provided to permit turning off the energy supplied to electric service water heating systems. A separate valve shall be provided to permit turning off the energy supplied to the main burner(s) of all other types of service water heating systems. 3. Swimming Pools: a. Heated swimming pools shall be equipped with controls to limit heating water temperatures to no more than 800F. EXCEPTION: Pools used for therapeutic purposes are exempt from this requirement when approved by the Enforcembnt Official. .b. Uncovered (unenclosed) heated pools shall be controlled so that the electric or fossil -fueled pool water heating systems are inoperative whenever the outdoor air temperature is below 600F. 34 - I • 503.2.2 Pump Operation Circulating hot water systems shall be arranged so that the circulating pump(s) can be conveniently turned off, automatically or manually, when the hot water system is not in operation. 503,2.3 Insulation For recirculation systems, piping heat loss shall be limited to a maximum of 25 Btu/hr.ft.2 of external pipe surface for above ground piping and a maximum of 35 Btu/ — hr.ft.2 of external pipe surface for underground piping. Maximum heat loss shall be determined at a AT equal to the maximum water temperature minus a design ambient temperature no higher than 650F. 503.2.4 Conservation of Not Water (a) Showers: Showers used for other than safety reasons shall be equipped with flow control devices to, limit total flow to a maximum of 3 gpm per shower head. (b) Lavatories in Restrooms of Public Facilities shall: 1. Be equipped with outlet devices which limit the flow of hot water to a maximum of 0.5 gpm. 2. Be equipped with devices which limit the out- let temperature to a maximum of 1100F. 3. Be equipped with self closing valves that limit delivery to a maximum of 0.25 gal. of hot water. - 35 - ■ • ELECTRICAL POWER 504.0 Electrical Power Distribution 504.1 Scope Electrical distribution systems shall be designed for efficient distribution of electrical energy from the service entrance to the points of use. 504.1.1 Power Factor: Utilization equipment, rated greater than t an lighting equipment greater than 15 W, with an inductive reactance load component, shall have a power factor of not less than 85 percent under rated load conditions. Power factor of less than 85 percent shall be corrected to at least 90 percent under rated load conditions. Power factor corrective devices, installed to comply with this Code, shall be switched with the utilization equipment, except where this results in an unsafe condition or interferes with the intended oper- ation of the equipment. .504.1.2 Service Voltage: Ithere a choice of service voltages is ava:la le, a computation shall be made to determine which service voltage would produce the least energy loss, and that voltage shall be selected. 504.1.3 Volta Dro In any building, the maximum total voltage — rop s a not exceed 3 percent in branch circuits or feeders, for a total of 5 percent to the farthest outlet based on steady state design load conditions. _ 504.1.4 Li htin Switchin : Switching shall be provided for each igtting circuit, or for portions of each circuit, so that the partial lighting required for custodial or for effective complementary use with natural lighting may be operated selectively. 504.1.5 Electric Energy Determination: In all multi -family dwellings, provision shall be made to determine the energy consumed by each tenant by sep- arately metering individual dwelling units. 36 - 504.2.0 LIGHTING POWER BUDGET The maximum power limit for lighting shall be determined _ in accordance with the procedures specified in this Section. — 504.2.1 Definitions: Light Power BBudgee A lighting power budget is the — upper limit of the power to be available to provide the lighting needs in accordance with a given set of criteria and given calculation procedure. 504.2.2 Calculation Methods (a) The criteria specified below shall be utilized for — computation of the lighting power budget. All calculations shall be in accordance with accepted engineering practice. (b) When insufficient information is known about the specific use of the building space (e.g., number of occupants, space function, location of part- itions), the budget shall be based on the apparent intended use of the building space. — 504.2.3 Building Interiors The allowable electric power for lighting shall be established by using the criteria and the calculation procedures specified in Section 504.2.7. The value shall be based on the use for which the space within the building is intended and on efficient energy — utilization. (a) Illumination Level Criteria: For the purpose of — establishing a budget, levels of illumination shall be those listed in Std. RS -8. Those levels shall be used as follows: (b) T�askkLiighhtinS: In most cases, the levels of illum- enation listed are for specific tasks. These levels are for the task areas defined in Std. RS -8, or, where not defined, at all usable portions of task surfaces. In some cases, the levels of illumination are listed for locations (e.g., auditoriums). These levels are to be considered as average levels. (c) General Li htin In areas surrounding task locations, tie average level of general lighting, for budget — purposes only, shall be one-third the level for the tasks performed in the area but in no case less than 20 foot-candles. Where more than one task level occurs — in a space, the general level shall be one-third the weighted average of the specific task levels. 36A 0 0 (d) Non Critical Lighting: In circulation and seating areas. where no specific visual tasks occur, the average level of illumination shall be one-third of the average general lighting in the adjacent task spaces but in no case less than 10 foot-candles. (e) LIR S stem Criteria: For the purpose of esta is ing a power budget, only lamp efficacies and coefficients of utilization (CU), specified in Table 5-9, shall be assumed. 504.2.4 Building Exteriors In exterior spaces, the lighting power budget shall be based on the use of which the space is intended (for task performance, safety, or security) and on efficient energy utilization. (a) Criteria: The same criteria as those for interior spaces apply for illumination levels and lighting systems with the addition of luminaires for flood- lighting. For power budget purposes floodlighting shall be selected with luminaires having a greater - percentage of their beam lumens restricted to the area to be lighted. Such luminaires are defined as those with at least the minimum efficiencies listed in Std. RS -8. (b) Facade Lighting: Facade Lighting for budget purposes sia 1 e greater than 2 percent of the total in- terior load of the building. (c) Calculation Procedure: In establishing a lighting power u get t e TMowing procedures shall be used: 1. Overhead Lighting: The procedure specified in Section 504.2.7 shall be followed for overhead lighting, but using reflectances as found. 2. Floodlighting: The beam lumen method, as shown in Std. RS -8 and a coefficient of beam utili- zation (CBU) of 0.75 shall be used for flood- lighting calculations. 504.2.5 Exceptions to Criteria (a) The criteria of Section 504.2.3 shall not apply to the following areas when calculating the load. 1. Portions of residential occupancies except for kitchens, bathrooms, and laundry areas and public spaces including lobbies, halls, stair- ways, basement areas, and utility rooms. - 36B - A 2. Residential type spaces similar to (a) and (b) in institutions, such as hospitals, hotels, funeral homes, churches, museums, etc. 3. Theater auditoriums, entertainment and audio- visual presentations where the lighting is an essential technical element for the function performed. (b) The criteria of 504.2.4 shall not apply to the following lamps and luminaires; however, their use shall be accounted for in the calculation of task lighting loads for specific tasks. The allow- able load shall be based on the luminaire wattage to achieve the levels of illumination as covered in 504.2.3 using a point calculation method given in Std. RS -8. 1. Luminaires for medical and dental purposes. 2. Luminaires for highlighting applications, such as sculpture exhibits, art exhibits, and indiv- idual items of display merchandise. 3. Luminaires for specialized lighting applications (color matching, where electrical interference cannot be tolerated, etc.). (c) The criteria of Table 5-9 shall not apply in spaces where it is impractical to control reflectances and where a dirty atmosphere cannot be avoided. Where this condition exists, the values for re- flectances and light loss factors shall be those expected to be found and shall be approved by the Enforcement Official. The calculation shall make note of this deviation. 504.2.6 Number Deleted - 36C - 0 0 504.2.7 Calculation Procedure To establish a lighting power budget, the following pro- cedure shall be used: (a) Determining Illumination Levels and Areas: 1. Determine the visual tasks that are expected to be performed in each space and the number of planned work locations where tasks will be performed. If assumptions are made, their bases shall be indicated. 2. Select the illumination level, in foot-candles for those expected tasks in accordance with Section 504.2.8. 3. Calculate total task areas to be illuminated to the same level by multiplying the number of work locations by 50 ft . per work location. (Total task area shall not exceed actual total space area ) If actual task area is greater than 50 ft2., the actual area shall be used. If special task lighting or localized lighting is to be employed, use the actual task areas and point calculation procedures. 4. Calculate the level of general lighting by multiplying the task lighting level by one- third, where there is only one task level, or by taking one-third. of the sum of the products of the task levels (2) and their areas (3) divided by the total task areas. 5. Calculate the level of non-critical lighting. (b) Determining Lighting System Data: 1. Light source and luminaire types to use. 2. Lamp lumens per watt and luminaire coefficients of utilization for room and luminaire mounting height dimensions. Luminaire CUs shall be selected from STd. RS -8. In all cases, no luminaire shall have a CU for RCR = 1 of less than that given in Table 5-9 lamp efficacies for the appropriate space. - 36D - 0 (c) Determining Allowable Wattage: 1. Using data from (b) above, the illumi- nation levels and areas determined in (a), and the criteria of Table 5-9 Reflectance, calculate the allowable wattages using the lumen method. 2. Calculate the total space wattage by adding the task, general and non- critical lighting loads. 3. Add the wattage of luminaires allowed in 504.2.5(b). - 36E - Ceiling cavity reflectance - 80 percent Wall Reflectance - 50 percent Floor Cavity Reflectance - 20 percent 36F - 0 0 TABLE 5-9 (a) Lamp Efficacies. The following are initial lumen output per watt input, including ballast losses: Lumens Application per Watt Where moderate color rendition is appropriate 55 Where good color rendition is appropriate 40 Where high color rendition is appropriate, spaces are less than 50 ft or where use of low wattage High Intensity Discharge (HID) lamps under 250 W or fluorescent lamps under 40 W is appropriate 25 (b) Luminaire Coefficients of Utilization (CU). Coefficients of utilization (CUs) are to be for luminaires for use in the types of spaces listed below, and those luminaires shall have a CU of no less than that listed below (for each type space) for a Room Cavity Ratio (RCR) of 1 and reflectances as in (c) below. Minimum CU Space Use (at RCR = 1) For spaces with tasks subjected to veiling reflections (where design levels of illumina- tion are listed in terms of equivalent sphere illumina- tion (ESI) and where visual comfort is important. 0.55 For spaces without tasks, or with tasks not subjected to veiling reflections, but where visual comfort is important 0.63 For spaces without tasks and where visual comfort is not a criterion 0.70 (c) Other Criteria Reflectances. For interior spaces, the following initial cavity and surface reflectances shall be assumed: Ceiling cavity reflectance - 80 percent Wall Reflectance - 50 percent Floor Cavity Reflectance - 20 percent 36F - 0 0 Light Loss Factor. A light loss factor (LLF) of 0.70 shall be used. - 36G - 0 0 SECTION 6 - ACCEPTABLE PRACTICE- 601.0 RACTICE 601.0 General: The requirements contained in this Section are applicable only to wood -frame and masonry wall construction of three stories or less in height. Other methods may be used provided a satisfactory design is submitted showing compliance with Section 4 or 5 of this Code. 601.1 Scope (a) The provisions of this section are limited to residential buildings that are heated or cooled; and to non-residential buildings less than five thousand square feet of gross floor area that are heated. Non-residential buildings that are mechanically cooled shall comply with the provisions of Section 5. (b) The thermal resistance ratings of various building elements as stipulated in this section are not in- tended to be all-inclusive but rather those which are acceptable based on practice. Definitions: (To be developed.) Glazing Area - Single Glazing Double Glazing - Triple Glazing - Adjusted Thermal Transmittance Value (Uo) Building Gross Square Footage Building Thermal Envelope (a) {Valls: The opaque exterior wall section shall be s-eTe—cted from Table 6-1 for the adjusted thermal transmittance value (Uo value), not exceeding the value specified for walls in Table 5-1 or 5-2 as Upropriate for the building type. The adjusted Uo value selected shall be determined by the use of Chart 6-1A or 6-1B and based upon the glazing area of the wall. - 37 - C� • (b)Roof/Ccilin s: The roof/ceiling assembly shall e selecte rom Table 6.2 for the adjusted thermal transmittance value (Uo value) not be less than the value specified for roof/ceiling in Table 5-1 or 5-2 as appropriate for the building type. The area of skylights shall not exceed one percent of the roof/ceiling area. (c) Floors over Unheated Spaces: The floor section over an un eate space s a 1 be selected from Table 6-3 for the adjusted thermal transmittance value (U value) not exceeding the value specified for floors in Table 5-1 or 5-2 as appropriate for the building type. (d) Slab on Grade Floors: For slab on grade floors, thermal resistance of the insulation around the perimeter of the floor shall not exceed the value given in Table 5-1 or 5-2 as appropriate for the building type. The insulation shall extend down- ward from the top of the slab for a minimum distance of 24 inches or downward to the bottom of the slab then horizontally beneath the slab for a minimum total distance of 24 inches. (e) Air Leakage: 1. Windows and Doors: All windows and doors shall e labeled as conforming to the air infiltration rates specified in Section 502.5 and Std. RS -2. Site -built windows shall be constructed to minimize leakage. EXCEPTION: Required fire doors with a fire re- sistance rating over one (1) hour and fire windows are exempt from this section. Caulking: Exterior joints around windows and oor rames; openings between walls and found- ations, between walls and roof and between wall panels; openings at penetrations of utility services through walls, floors and roofs; and all other such openings in the building envelope shall be sealed in an approved manner. 603.1 Building Mechanical Systems General: All FIVAC devices, components and their e ee a—its shall conform to the requirements of this section, where: - 38 - 0 0 (a) Heatin and Mechanical Cooling Devices: All heating an mec anica cooling evices s a meet the required efficiency factor specified herein or in Tables 6-4, 6-5, 6-6 and 6-7, for the specific type of device. Combustion lleatin E ui menta All gas and oil fired com ort eating equipment s all show a minimum combustion efficiency of 75 percent at maximum rated output. Com- bustion efficiency is defined as 100 percent minus stack losses in percent of heat input. Stack losses are: 1. Loss due to sensible heat in dry flue gas. 2. Loss due to incomplete combustion. 3. Loss due to sensible and latent heat in moisture formed by combustion of hydrogen in the flue. Field assembled heat pump systems shall conform to the requirements of Section 503.1.5(b). (b) Control: 1. Temperature: Each heating system shall be provided with at least one thermostat for the regulation of temperature. Each thermostat shall be capable of being set as follows: Where used to control heating only --55-750F. Where used to control cooling only --70-850F. Where used to control both heating and cooling, it shall conform to the requirements of Section 503.1.9. (c) Zoning for Temperature Control: 1. One- and Two -mil Dwellin s: At least one thermostat or regu an onfaor space temperature shall be provided for each separate HVAC system. In addition, a readily accessible manual or automatic means shall be provided to partially restrict or shut off the heating or cooling input to each zone or floor. EXCEPTION: Nonconditioned basements and garages. 2. htulti famil Dwellin s: For multi -family dwellings, eachindiv ua we ing unit shall be considered separately and shall meet the requirements of Section 603.1(c)l. Spaces other -than living units shall meet the requirements of Section 503.1.9(c)3. - 39 - I 1': ■ 0 0 3. Control Setback and Shutoff: One- and Two-family an Mu ti- amlly Dwe Ings. The thermostat re quired in (a) and (b) or an alternate means such as a switch or clock, shall provide a readily accessible, manual or automatic means for reducing the energy required for heating and cooling during periods of non-use or reduced need such as, but not limited to, unoccupied periods and sleeping hours. Lowering thermostat set points to reduce energy consumption of heating systems shall not cause energy to be expended to reach the reduced setting. 4. Duct Insulation: All ducts, plenums and enclosures install -e- in or on buildings shall be thermally in sulated and constructed in accordance with Section 503.1,10 and 503.1.11. 5. Pipe Insulation: All piping installed to serve ui ing or within building shall be thermally insulated in accordance with Table 6-8. EXCEPTION: For service water heating systems, see Section 604.1. 604.1 Service Water Heating (a) Water heating storage tanks, boilers and piping for all water heating systems shall be installed in accordance with Section 503.2. (b) Water heaters shall be labeled as meeting the efficiency requirements of Section 503.2.1. (c) Temperature Controls 1. Service water heating systems shall be equipped with automatic temperature controls capable of adjustment from the lowest to the highest acceptable temperature settings for the intended use. 2. Shut -down: A separate switch shall be pro- vided to permit turning off the energy supplied to electric service water heating systems. A separate valve shall be provided to permit turning off the energy supplied to the main burnor(s) of all other types of service water heating systems. - 40 - r 0 3. Swimming Pools: (a) Heated swimming pools shall be equipped with controls to limit heating water temperatures to no more than 800F. EXCEPTION: Pools used for therapeutic purposes are exempt from this requirement when approved by the Enforcement Official. (b) Uncovered (unenclosed) heated pools shall be controlled so that the electric or fossil -fueled pool water heating systems are inoperative whenever the outdoor air temperature is below 600F. (d) Pump Operation Circulating hot water systems shall be arranged so that the circulating pump(s) can be conveniently turned off, automatically or manually, when the hot water system is not in operation. (e) Insulation For recirculation systems, piping heat Joss shall be limited to a maximum of 25 Btu/hr.ft . of external pipe surface for above ground piping and a maximum of 35 Btu/hr.ft2. of external pipe sur- face for underground piping. Maximum heat loss shall be determined at a 0 T equal to the maximum water temperature minus a design ambient temperature no higher than 650F. (f) Conservation of Hot Water Showers: Showers used for other than safety reasons shall be equipped with flow control devices to limit total flow to a maximum of 3 gpm per shower head. 605.1 Electrical Power and lighting The electrical power distribution and lighting systems shall conform to the requirements of Sections 504.1 and 504.2. EXCEPTION: One- and Two-family detached dwellings and the dwelling portion of Multi -family buildings are exempt from the requirements of Section 504.2. 41 i 0 •r.vu.e No. 6-4 • MINOWN COP FOR IIFAr PIMPS. III:AIING NOUN SOURCE AND OUTbu011 TEMPERATURE ("F'.) Air Suurce - 47 dB/47140 MINIMUM COP —�-2.2 Air Suurce - 17 dB/15W8 1.2 Watul Source - 60 Entering 2.2 TABLE NO. 6-5- MINIMUM EEN AND COP FOR ELECTRIC HEATING, VENTLIATING AND AIR CONDITIONING SYSTEM EQUIPMENT STANDARD RATING CAPACITY EEA COP Under 65,000 BTU/hr (19,050 Watts) 6.1 1.8 65,000 BTU/hr (19,050 Watts) and over 6.8 2.0 TABLE NO.6-6 - MINIMUM COP FOR ELECTRICALLY DRIVEN HEATING, VENTILATING AND AIR CONDITIONING SYSTEM COMPONENTS TABLE N0. 6-7- MINIMUM COP FOR HEATING, VENTILATING AND AIR CONDITIONING SYSTEM HEAT OPERATED COOLING EQUIPMENT HEAT SOURCE MINIMUM COP Direct fired (gas, oil) 0.40 Indirect fired (steam, hat Water) 0.65 TABLE NO. 6-8 MINIMUM PIPE INSULATION CONDENSING AIR WATER THICRNHSS IN PIPE SIZES NVAPORATOR _ COP EER COP HER COP COMPONENT MEANS EER _ _Genet lfugel — _ 7.5 2.2 12.9 7.8 AND _ SeI I-concnlned Posltiva TO AND PIPING SYSTEM TYPES RANGE, F. 2" _ Water chillers Dlupincemant 7.2 2.1 10.9 3.2 _ Coadenserleas Positive Steam and Hot Water Water chillers Dis lacement 8.9 2.6 10.9 7.2 Compressur and 506-450 1-I/2 1-1/2 2 2-1/2 _ Condenser unite Positive 251-705 1-1/2 1-I/2 2 2-1/2 65,000 BTU/hr Displacement Lou Pressure/Tamp 201-250 1 1 1-1/2 (19,050 Watts 2 7.8 2.0 11.7 ).0 11.7 7.7 and over 1 1 1-1/2 Steam Condensate TABLE N0. 6-7- MINIMUM COP FOR HEATING, VENTILATING AND AIR CONDITIONING SYSTEM HEAT OPERATED COOLING EQUIPMENT HEAT SOURCE MINIMUM COP Direct fired (gas, oil) 0.40 Indirect fired (steam, hat Water) 0.65 TABLE NO. 6-8 MINIMUM PIPE INSULATION - 42 - FLUID INSULATION INCITES FOR THICRNHSS IN PIPE SIZES - NUN• TEMPER- OUTS 1" 1-1/4 2-1/2 5" 8" ATUVE UP TO AND TO TO TO AND PIPING SYSTEM TYPES RANGE, F. 2" LESS 2" 4" 6" LARGER HEATING SYSTEMS Steam and Hot Water High Preasure/Temp 506-450 1-I/2 1-1/2 2 2-1/2 3-1/2 7-I/2 Ned. Pressure/Temp 251-705 1-1/2 1-I/2 2 2-1/2 1 7 Lou Pressure/Tamp 201-250 1 1 1-1/2 1-1/2 2 2 LuW Temperature 120-200 1/2 3/4 1 1 1 1-1/2 Steam Condensate (for Feed Water) Any 1 1 1 1-1/2 1-I/2 2 COOLING SYSTEMS Ch111vd Water 40-55 1/2 1/2 2/4 1 1 1 Refrigurant, or Brine Urinv 40 I 1 1-1/2 1-1/2 1-1/2 1-1/2 - 42 - UO U VALUES FOR OPAQUE WALLS 0.45: •-I _:_i-!-r-1-�-•-{� � I .I ' 1 _ , I✓% ,� 1 f , If I I _i I u,` {.J IJ-I 1_'',/, f _ I �/.y Y I i.. ✓ .l �_� _. � J. I_I_J_+ 111---L •_�i_LG� I :.I .J... I J-1.I ' ✓ j- /I. �Y�j _I� I ' I I .J_I_I_kL , � I I _!_LI _ %:_I_, _,_ %.I_,_ .I_. �I : i. .LI _I_•_,J=I_I-� _ ._�I I_' L.•J. ,_I .. I_I ._,.i_i .I_I_I J.I. , ' �- _I •J `I-L;-J_1_L."_�LL OA0 ! {J_LI .� _LI i/.. I.i _i_I_I_I.,_; i II i ! .1_I. ..I.I.1 •.i.�'.I.I ,:I _I .i _I�' -I: _I _L,_LII_LLk ' _I_,_!. _I�'O' JnI /,I-• .'_1_I. _'�-!.i_I _I-i. ..LI t' I_: ,_, _LI,. I =.___ i_,_'J_Li_ LJ J_ J�Al- 1 ' ._:.i= •_I�:i _L_17 .I_._ i_L'-I., •_I.' ,. i:C iC �Lt_ v ' /_��� _ i_I_� I_,_..•.,_I-_I=11 LLJ - 05 L IJ LLlQ�O i J-_ ._I I_I-- 4-1 1- _1�HJ�-VL�4Lf!1JJIJJ- J.1.1_,_iJ�� ._!_ _i LI_I_I� .I�� ��"-, '=_'i-: :i I � I. � ..�✓ .' �I�'..:I ' '.I �-=lci--= I1_ '11_ .LI 1: �I L` _ _ .t11 � J _,_I_I• .I.1.I I..,O" v i !.I 1 � ' ,.. /, I_I_LI_ I � - I_I I:L" -I_ _}: - J�=L - i1.1-- 0.30 ._LJ J�• _ —,.aJ — I_I-.�L , \r0 ,_Ll I_ � l_ - �I l�J_ I_ _ _ •LI=,_ p. -' � I -!_. .. , _::-•-'.L, LJ ,_ 1_•_ -LLI_L _� '_L _ hII I ._Li .._ I • \ I .I i!. ,__,_! :_L��!LI-_...!!I__J_ IJJJ J=I=,:: _j_ !_ i ;.! t ._ _: (�• n 1 ,.� , f' ., ' I.!_:.IJ_IJ_I_I_kL!_1=-I�_Li.J_I_' , i_}}I_L_ I_L L L L Mal !J_I 1 L__L/I-• .. i _;-1�I�� I_L r�'"_,.1.,.�_I _--t:La025-p..i.l i_ I _!_IJJ.}I_IJ__��L L I Lr 1 IJ =1: 1:- I=i II ...I_.I f ,_I. I. !_ 1_ i:i�• , I.I• I 1 ! I :.1_ 1 IJ-- _ = I-- I1 LI_ I_L_ Li_I ,_I_,./ •; !f_!_,'_� I '_!.:: i _I I •' I I I,?'I. L1 I I:L, �_I _I 1iIr' 1__ 111111i I J,,i. I _ -'JL . OLQ I _ U glass = 1,13 ... _ J_L .1= ]—'J i I , ,J�_ LI_I_ _ .I_i_!_ 11.. I I _.. • . .... L 1_ _=I ... ._�I_ ....,_,.,.I---- 0.15 - _�' - - .1:,- - - -I- - -t-I- - - - J_ _;.,_•.,-'-�- -- - - - a w 1 • 0 5 10 15 20 25 30 35 40 Glass, percent Combinalions of Wall and Single Glazed Openings for Usewhh G -1A uG U VALUES FOR OPAQUE WALLS 0.45 �,.---p_.__ .•-=--_. _-_--.---_._._ L��� ..... _ ✓� ' ✓�1'... _. _./ 1. .... t-. 0.40 ...... _I /� ...yam ... ... ✓ . ✓ ,. �' I_�J..._. .. I. ... G i. , I .✓�3p .,,..r• . �' .� �, :moi 035'— 0.25 � 1 1I. p r '✓ I I i. 1 � / I 0.20;.i-:.: I�%�� LI I. LI,I�✓.LI I. I .I I I I I ..I I I f _L:1/.�I I I 1.L LLi. LI...I.:.,_,. I_LI LI. I_LLi r_I_I LI:• I. I 1 1_I I 1•/L .I I LI_L.I i.l. LI.I_.. I.I 1:.. L1 I. _ .I i. I�I•"I. 1.1_1_ _Ll.i.l. .LLL 1•i LLi 1_I. I_!_L .L, i.l 1_I...L. �.�.I. 0.15 1020 25 15 30 35 Glass, percent Combinations of Wall and Double -Glazed Openings for Usowuh 6-1B i - I• MUMUNNHIMnli M 40 45 50 . WALL ASSEMBLIES TABLE 6-I U. SELCUP-C) SHALL NOT EXCEED THEUG [DETERMINED BY SECTION 602.1(0) FOR ANq WALL SECTION. DCf/4( 4.00' a<C aOt i+N,abOu u(f+00/ 4+0 aC1 MIT COM4611 CON'{VC 6D.• OCLHL/. WALL OETAI1.5 R VALUEOF Leo INSULMOR TTh:., MIEIIOA FNISA SIUEDULE I. GYPSUM NALLWACD 1. 4.1I. .ND Pl.GT14 S. 46L MIN. NDDD PANELING I: n,ILC. P,d. 1 w lex{Gv.l - i �1 DAT' ISf GLATICSJ I: v e.v �wELLPiO. +Y4/4 0.1w + GUIlO•xG nr14 r I I1 "•0.76 _. ■ A I i1114M CipM .TIICI j I • , . 0" 111 /f+IMI L ly0 MIYIAI'On I Fill PLAN VIEW 4 7 ^� ._ MITI uIVYTWN �V V I. /rw•M -'L III Wlwll PLAN VIEW 45 _. ■ i 0 ROOF/CEILING ASSEMBLIES TABLE 6-2 Uo SELECTSD SHALL. RIOT EXCEED THEVALVE SPECIFIED IN 602,106) ROOF DETAILS R VALUE OF Uo INSULATION 1. yW wwD LPLI s1 Q �v ' I fll fC+ICVY 11,71k,' •..) L ii Ir. Va.rr wOWTmn • [IM1IN AIL! t, l✓n,Y Mp _ ( kr•t WUM bw�b 11! 141gn! 14 'v .y ' "'IT.V. 8001 UMD I.1011r1d �,•,\,•, ,•N 41ry. 0 ' J Y• .. oll. 46 �rwoa *%% L40 0 ' kbLE 6-3 _ Iao SELECTED %tRLL NOT EXCEED TNEUo5P5GIp16D IN UL40a-l(r). FLOOR D ETA I L S a vp-LUEoF u o — �►vsuu}rlor� PART. &D.� / �el'cYwo tuBFc C 7 l/ (JolsriF�x _a�, CONCIS. P101 WOOD Jo►sT F(,00Q CLAS oN G2►AE r-uoo¢. - 47 - �1 I Iltl (JolsriF�x _a�, CONCIS. P101 WOOD Jo►sT F(,00Q CLAS oN G2►AE r-uoo¢. - 47 - STANDARD RS -1 RS -2 RS -3 RS -4 RS -S -' RS -6 RS -7 RS -9 0 STANDARDS TO BE DEVELOPED - REFERENCE STANDARDS STANDARD TO BE BASED ON THE PROVISIONS NECESSARY FOR ENFORCEMENT OF THE FOLLOWING 1972 ASHRAE Handbook of Fundamentals Chapter 33 ASTM E 283-73 Standard Method of Test for Rate of Air Leakage through exterior windows, curtain walls, and floors; plus ANSI A134.1, 134.2; NWMA ASHRAE Standard 62-73 "Natural and Mechanical Ventilation" ASHRAE Standard 55-74 "Thermal Environmental Conditions for Human Occupancy" (omitted) Standards for Evaluation of Various Heating A/C Equipment and Devices (34 Standards) included in ASHRAE 90-75 Hot Water Heater Standards ANSI C72.1-72 "Household Automatic Electric Storage Type Water Heaters" ANSI Z21.10.3-74 "Gas Water Heaters Vol. III, Circulating Tank" Applicable portions of the IES Lighting Handbook ASHRAE 90-75 Charts and Graphs - S-1 - I,, ir ...1 EFr��E� National Conference October 2-5 Minneapolis Radisson Hotel Downtown NAHRO's 1977 conference program will deal with a cross-section of current and long-range issues affecling the planning, financing, implementation, and evaluation of assisted housing programs, community development and redevelopment programs, housing rehabilitation and neighborhood conservation programs, and social and community service programs. Conference delegates will participate in —technical assistance sessions that zero in on special program interests. problems, solutions. and techniques; —analysis of current and proposed policy issues ;and legislalion in housing and community development; —discussion with HUD officials on program regulations. priori- ties. and directions; —site visits to assisted homing developments, community level• opnwnl and redevelopment projects. housing rchahilitalion and community improvement areas. and new communilies wilhin the Minneapolis/St. Paul metropolitan region; —discussions centering on professional roles and responsibilities 402 JOHI8:77 within the housing and CD fields; —;In exhibit of building and maintenance products and hnus- ing management services and data systems: —informal gathering allowing for the one-to-one exchange of program experience and lechniques. SUNDAY, OCTOBER 2 MORNING AND AVI-E.RNOON (�r1N rll llh:Nl'li REGISIRAa'ION $Ian rs GP.ING'rouRs Delegales may choose :unung Ihrce sighlsecing Imus. The costs -3733 of these lours are separate from the cl crence regisino imr. Each lofir includes personal guides. any a ion charges. meals 'where indicated, and charter transporta . Costs are hsrl upon 40 persons participating. For details and rcgisliation font,. contact the NAHRO office. EVENING RECEPTION AND Exin it it VmwlNG MONDAY, OCTOBER 3 MORNING CONFERENCE REGIsr RATION COFrGE HOUR AND EX11111IT VIEWING CONCURRENT SPECIAL. INTEREs'r SrssioaNs Delegates may choose among six concurrent sessions designed to provide technical "how-to" information on selected pioglutn topics. The sessions :Ire designed to provide the delegates with the most current information with respect to relevant federal programs and local experiences. Session panels will include gov- ernment officials and local agency practitioners ant] are stric- tured to allow for open discussion and questioning. The special interest session epics arc. 1-11nw Ta Coordinate Federal Resources for Couuounily De. velopment This session will explore ways of bringing together :a variety of federal programs to address local community development needs Will discuss uSe of the federal joint funding simplification act: and will provide updated information on the implementation of the proposed Urban Development Action Grant program. 2—flow To Allracl Social Services for Assisted Iloo,ing Programs Building on the experience of the Target Project Program. Title XX programs, and other federal government pngrans, this se, - cion will explore how to coordinate ;and incorporate a human services component within assisted housing devefopmcnt,. 3—flow To Produce I Ino,ing in Smaller Tam its and Rural Area, Through this session. delegates will review and analyvc stats. provisions. and operations of relevant HUD :and Fanners Home Administration programs that can he utilized it, provide housing in small communities and rural arras. A—Ilnw To Respond In Special Neighborhood Conscnalion and Iliusing Rehabilitation Demands ' This session will focus on federal progrnns mud local innovations and practices relative to select neighborhood conservation and rehabilitation techniques, including energy conservation :and his. toric preservation. 5—flow To Allinoathely Address the Range of Federal Equal Oppnrlooily Requireincnls Delegates will be provided with :a detailing :and assessment of federal equal opporinnily laws and administrative requirements and discuss ways in which they can he effectively and affirnio- lively coordinated and implemented locally. 6—f low To Transfer international I loosing and Camnomily nod Development Experience Delegates will be acquainted with recent studies and devclop- mcnis in housing and community development prcgiauns thal have taken place internationally and still discuss ways of mts- ferring or adapting these experiences to local practice, and h, circumstances in this country. NflDDAY Exmorr Vu:%v si(; M APl'ERNOON OVI NIUG GLNI'RAI SI•: Wc1cooriig addresses by the Honomhle Chat lei Slcnv ig. Mayor of Minneapolis and the Honorable George Latimer. Nfayor of St. Paul. Keynote nddras, by Jay Janis. Under Secretary. Department of Hoaxing and Urban Development. Sli('t)Nlt Gr:Nr R.O. SLSSION The I loosing and Cononnouy Dc,clopnrcul Act air 1977 Congressional spokcsper,ons will discuss the significant provi- sions of 1977 legislation and rill comment on prevailing con- gressional directions and attitudes and on pospcmive legislative issues. NAHRO ANNOAI. BUSINESS Mt HINu EVENING RIA eP rtuN AND Exutnr VIEW 1m; 'ITUI:SDAY, 00,011IP.It 4 Tuesday', conference program will allow delegates to experience, througli sessions and site Visits. In,w assisted housing, conanu- nity development. ledcvelopncol. rehabilitation. citizen partici- pation. and new conimunih piogr:uns have worked in the Twin Cities :area and in other pan, of Minnesota. Representatives front the Minneapolis Housing and Redevelopment Authority, the St. paid Housing ant] Redevelopment Authority. the Minne- apolis Chamber of Commerce. the Twin Cities Mclropulitan Council, the new towns of Cedar/Riverside and Jonathan, and the Minnesota State Housing Finance Agency will conduct the morning sessions and afternoon site tours. ,11101CN, ING CONCURmiNT SESSIONS An examination of area" We ;and scale housing :anti community development practice, mut] experience,. I—Assisted Iloising ill the Twill Citic, Area 2—Citi/en and Neighborhood houhenn•nl in Iloo,iog and Com- munity Docfopncnl 3—Commcn•iol and Residential Rehabilitation :laud Dcvclopmvnl 4—Les,ons Learned from the Development and Operation air Ncn Coniiuoilics: C'cdar/Riverside :laid -11111:101311 5—Local Nvighborhood Consenalion aid Ilonsing Rchabiliia- lion Program, MIDDAY lixllilarr Vntw•ING LUNrJIium AI•"fERNOON Delegates will he when by charicied busses on four separate N'OT'ICE: 1977 NA11140 BUSINE'ss MEETING All NAHRO agency and individual mcnrheis are hereby notilicd that the Association's annual business meeting will be held from -1:70 to 5:30 p.m. on Monday, October 3. 1977 al Ills Idndissun Iiotel Downtown in Minneapolis. The meeting will convene in Stir of the North Hall and is being held in conjunction with NAHRO's 38th nalional confcr- cncc. JOW337 403 tows al hausi.... e.am umot% Je, ¢kgs• 1. 1111) neighb�nhooJ implh%un,cnt ani%itw, x6111111 the '1x�Iir, at ca. tad, tour %rill relate to Il': pina.tn e,pctirnce, and opel.owlial Weh- niquv, plrkemcd and discussed doling the morning nme,ilenl sessions. WEI NESUAI', 0('"1•0M:IZ 5 \IOItMING Conor ell 110111( Asn flAl uurr VII \e"; I -OUR CoN,'pllln6T Pw It Y OI.\I wvrS Ii Juh' 1976. Ilse NAIIR0 Roard of (;Ovcl'llol's issued a major policy stalemmill in the areas of ch) n•huilding, might oIll ood conseretion, and housing consistent %kill' the '"e"ll polie )' direction of %;ring and and rchuilling the nations cities ail neighborhoods. Oyer the past )car, in addition to sacking Ihc I In plemental ion of the policies euntaincl in Ilial slatrmenl. NAIIRO lids been seeking to redellnc these policies, idenuly ..;Ips that exist in thew rydieiv,, and 1e%pond to en,elging na- lional iwws though the dccelopnlem of ne\% policy inilialivcs. In April 1977, the N; HRH nanl'll Of (io%ernors appeared cer- tain nca• policy arcas for e\ploration, lefinilion.:Ind action dor. ing 1975. In four concurrent sessions. these ¢naming n:,liou.d police "site' will he leNoed by panels of federal officials. local agency polio)'. makers and administralm% and iepresenl:nice of the private sector. The four policy li:lomles will focus on: I—Impruk int; the Quality of 'I'rnoml and Itesidrnl Participation and 1111ohcmcnl 2-111C Rrlalinnship In•h%cVII Income M;1illicnaorr and Ilousing Assistance 3—National Uc%dapnlenl I1:111k%:1111,Than Rein, est uo•nl 4—Urlmn Grrmlh, will, Speei:l Allrnlion to Rrgioual Di%lmri- lies, and Suborhan/Center Cit Conflicts AIIDDAI' [SIIII,IT VIEWING AFITACNOON CO.\'CURRI:STSIISSi INS I'OR SPE( IAL INl'Lmf Sr GIMPS \an nlu Tim HouslNm AND CoslstusnN, Di:vEI-oI1sl I'NT Pml DS I—Commis,iuners 2—Strurity 0irCClors and Staff 3—Allunw)s :11141 Legal SIX 4—larculbe Dirvdors and Adwini,lralke Slalf from largyr- Size Iluu%ing Aulhurilies 5—Cunuuuuil)' De%elupmvol Program Adminidr:tor 6—I lispnnics EVENING RECEPTION AND I:SImiT VIIAPING BANQUET FAMILY 11ROGRAN1 Rlgisterel wives. hush:uuN. children. and guests of dcingaws arc invited to patticip:le in a slxcial family program, MIMI in- clines the T011owinit itinerary of sightseeing :ml Ici%arc activities: \(undo)•, October 3 BETTI' CRocRCR {(nCnLNS, I.IIR('lliON AND Rlyrluoan Toult Pealons: professional lour guide: visit nets• Cl Ocker•s seven in- 404 J01-1/8:77 ICIi.Itiom1 le'ling kitchens and shop in Ihc booliquc: loud, it \\'rbslrr\ (bum,)bio the Misissippl ,i%elb:wk redc,alop- nn•n1, Nin �llrl IJa, eslol:Oilm ;old the 01d Millin, lislricl. • tle'do%, 00olivr 4 S\%'I.oIsIl ("ASI I I: "II 1.it dND 1.1 NI III ON Feamres: professional lour guile: Inur aldle buill be a Swttlish iuunigmilt, eom;ining I I palcdain fireplaces mid wools It'll of lu o lcar'ed %ronlwork: shop in Scandinavian boutique: lunch in a restored mansion: ric\e dile pre%enlnlinn of the backstase Of the f:unooc 'I"crane Gulbrir ltepcnor•Thcacr. 1 ednes(Im. Octobers .NIISNI AI•UI IS INsnrtrrl r,1( AIIIS'JOUR AND I.IISI'lll0N I-'r:lurC%: professional lair guide: Our furnished period rooms anti Ihc College 1(t Art and Design and vie%k' tI collection Of maslerpieces: lunch in the (-11ildrens'hhcalre: shop in the C01- Iec1ol's Gift shop. In elution n% these special progmi1 acliyllies. f;IIIIih' piograin delecales %kill receive tickets to Conference receptions and Ihc• \vdneal:n' evenim_ h:utquel. Sce conlciencc registration informa- tion for listing of f:unily program delegmc regkiralino fees. REGISTRATION Adc:wcc Registration Dclesnles :Old members of Iheir families planning to arand NAIlli Us 381h National Confclence are encoul'agel to resister in ai Mince. Advance registration enables the stiff to prepare conference material% in adkancc :ml will grcally e\pedhe regis- Iration o11 site. A form is printed on Ihc back cheer of the JOURNAL for use in completing advance 11.116.1 ration. :1 separate regislraliun farm most he tial far each delegate: phot., cepie, ntav he used. All (felcgete, .,lust po,sc%s had!:es and ticket% Io a0end official mect- inc% and funCions. ItrgiAraliuu Pecs ... Illicit paid hVIOVVII August 26 and Srplember 26: NAHRO plember IJdc!_na-51(10 Nonmember Delegalc—$1.30 Family program Dclepic—S70 ... Oloo, pail after Svpirwhrr 26: N:\HR0 Meniber Delegale 5110 Nonmember Delegate -5140 Family Procram Delegate—SSO RV.- lraliun Caneellaliun%:ml Rcfunls Pull registration refund, %kill be male only On cancellations re- ceived before September 22. 1977. Registrants cancelling after September 22. 1977 will receive a refund less $30. To obtain n rehmd, there most he wrincn notice. Reftmde will nm he made after November 2. 1977. i wen, The Hadiuuo Ilnlel Downluxn is the conference headquarters hotel. The other hotels listed an the hold accommodations form on Ihc back cover ire within a fc%v blocks of Ihc Rmlissnn hold Dovrttowit. Room rewrvations are hying orad! 11110111111 Ihc HOosing Ilurcnu of the lklinncapolis Convention and Tourism Cotnnli%tion. All morn rcquesls n ost he made in writing to Ihc Housing Rurcall; telephone calls will not h! honored. If it should be necessary to cancel a reservation, notify the Housing Moreau prmnplly. I • p CONFERENCE HOTEL R• ERVATION REGISTRATION FORM 9 NAHRO Conference. October 2.5, 1977 B Complete form and mail with registration payment to: v Complete form and moil in: NAIIHO Conference lforuing Bureau. 15 tl South 5th Street. Minneapu(is. Minnesota 55.102. 8 NAHRO Conference Registrar Suite 404 (Room requests must be received by September 10. 1977) 2600 Virginia Avenue. N.W. B Washington, D.C. 20037 Please reserve rooms) for petson(s) 4 Arrivaldate hour—am/Pm A separate form must be completed for each registrant.' Photo copies of this 8Departure date form may be used. Make all registrnbon checks payable to NAHRO Con• lerence a (Reservations /or arrivals after 6:00 p. in . nmst be arrumpunieJ by a deposit ar guaranteed in writing on your organimtion s letterhead. 1/ guest e guarantees arrival and does not arrive. room will be billed for one night and Enclosed Is check 0 claim voucher for S thuresewadon cancelled.I to pay for the registration checked below. 8 Hotel preference: let choice REGISTRATION FEES... 2nd choice 3rd choke 4th choice— hoice...whenpaid ... when paidbetween August 26 and September26: Hotels Roam Rales (Circle Desired Rate) 0 NAHRO Member Delegate—$100 - Radisson Downtown Single S23/S30/$34/337 0 Nonmember Delegate—$130 8 (headquarters hotel) Double 527/S34/S36/S38 Twin $29/ S40/S42/544 _0 Family Program Delegate -570 0 Sheraton -Ritz Single $37/540 (3 blocks from headquarters) Double $43/S46 Twin $43/546 ... when paid after September 26: holiday Inn Downtown Single $30.50 (7 blocks from headquarters) Double 535.50 �.-❑ NAHRO Member Delegate -5110 Twin $35.50 '0 Nonmember Delegate—$140 Q Kohler Motel Single $23/526 (4 blocks from headquarters) Double $26/5311 0 Family Program Delegate—S80 Twin $26/530 Leamington Single S19/525/333 (6 blocks from headquarters) Double $23/538 0 Tw!n $25/S32/S38 Name All rooms subject to current city room tae. � %; nn¢ Q Names and addresses ofnccupants: ..Organization a Address 0 -- City Zip Confirmations to be mailed to: Stale O Name Phone (area code) Address Preferred name on badge City _ State- -Zip -0 Also enclosed Is payment for NAHRO membership. Phone (area code) d ca d a v sm v cz rz o a sa o d c:a c� o ccs o cA ca a ca cat ._. ci ra [v a to DCA GV L'1 � T:cl :1A C'J '.J L.7 CSI 05 missed by the NATIONAL ASSOCIATION OF HOUSING AND REDEVELOPMENT OFFICIALS, 2600 VlrAlnh Avenue, N.W., washingtan, 0. C. 70031. Return Pasbge Cuiranteed, Second Class Plaza Previews City of Iowa City, 410 E. Washington, Iowa City, Iowa 52240 (319)354-1800 September 16, 1977 GENERAL SCHEDULE FOR REDEVELOPMENT ACTIVITIES Closing date for accepting development pro- posals is September 15, 1977. City personnel and City Council will review the proposals, and Council will announce the selected re- developers October 18, 1977. There will follow a 120_day period to execute contracts between the City and the redevelopers, with construction expected to start next spring (1978). Clit Plaza Desi n and Construction. The finaplans and specifications for the plaza should be received by mid September for City staff and Council review. Approval by Council is expected by early October, after which, contracts will be let and construction will begin. Land.Disposition. Interest in urban renewal land continues to be very good. As of the last of August, nearly 100 bid packets had been distributed. FOCAL POINT FUND RAISING EFFORTS Tom Wegman, chairman of a group raising funds for development of City Plaza's focal point, has announced that plans for the design and the fund drive are nearly complete. The design of the focal point, which the campaign brochure calls "Downtown Square," utilizes the initial Sasaki proposal of a granite square incorporating a small stage. The additional funds will provide a water feature which will cost $75,000. But our hardworking volunteers are not stopping there! Any amount in excess of the above will.be used for the purchase of a sculpture to grace the plaza. Brian Gutheinz, of a West Branch landscape architectural firm, conceived the additions to the focal point, and Michele Fisher, vice chairman of the fund raising committee, created the campaign brochure. Fifteen hundred are to be mailed about September 20. Questions about or contributions toward "Downtown Square" should be directed to Tom Wegman at 337-9641. No. 2 URBAN RENEWAL LAND ACQUISITION As of August 9, 1977, the city became the owner of all urban renewal property. The land was purchased from the HUD required urban renewal agency in order to further City Council policy that the city work to insure that the sale and development of redevelopment parcels take place as smoothly and quickly as possible. The transaction means that redevelopers will deal with one less layer of government. SMALL BUSINESS ADMINISTRATION As part of the effort to assist local businesses, the city made arrangements for Dick German, representative of the Small Business Administration (SBA) offices in Des Moines, to talk with interested persons. On August 23rd, a meeting was held in the City Recreation Center at which various SBA programs were explained. Available assistance ranges from special benefits for those firms displaced by urban renewal programs to general counseling and financial support such as loans for capital invest- ment and operating expenses for any eligible existing or proposed small business. Mr. German also met with several individuals to discuss specific plans and questions. Anyone wishing information about SBA ser- vices is invited to contact Mr. German. Telephone: 515/2.88-4422. TAXI STAND RELOCATED In preparation for the construction which will soon commence on the plaza, the taxi stand which has been located on Dubuque Street south of Washington in what will be City Plaza, has been moved to the west side of Dubuque Street just north of the Wash- ington and Dubuque Street intersection. It's kind of like moving next door and will be very accessible to all who visit down- town Iowa City. 373, ,1 IT'S A GAS! • Iowa -Illinois has completed installation of new gas lines in City Plaza. All that remains to be done is some minor electrical work which will be finished before the winter months. Tom Woodruff, representative of the firm, reports that the work has gone smoothly and that city consultants have been a pleasure to work with. Rumors are wafting about concerning shortages of gas allotments for new construction in the urban renewal area. The word from Mr. Woodruff is that the company has placed a limit of 3 million BTU's per hour on each new connection (meter). To put this in perspective, the average house uses 100,000 BTU's per hour. Thus most pro- posed new development would easily fall within this limit. A structure as large as the anticipated indoor mall on Blocks 83 and 84 could meet the limit by individually metering several or all of the individual shops within the complex. We trust this clears the air -- should there be further questions, contact your friendly utility company, Iowa -Illinois, at 338-9781. WHAT ARE YOU DOING? We want to report downtown development activities which the private sector initiates. Private and public effort are necessary to create a vital, attractive shopping area, so share your activities and ideas with others. Contact newsletter editor, Dawn Chapman, at ;.354-1800, extension 324. 0 LIBRARY PLANS The City Council has reserved urban renewal parcel 65-4, that piece of land just east of J.C. Penney, for a proposed new library building. The site also includes the north half of the College Street right-of-way directly in front of the parcel and has a total lot size of approximately 36,000 square feet. The current library site is 21,000 square feet. The library presently attracts an average of 1000 persons per day, and general user studies indicate that over 50 percent of the people who visit a library also plan stops at commercial,business or service establishments. According to Lolly Eggers, Library Director, the proposed building will nearly double the space available for library services and will make most of them available from the street level. Other services will be accessible via an elevator. It is planned that, in addition to improved and enlarged library services, the building's general lounge and restroom facilities will be part of the amenities of the plaza area for use by the general public. The necessary referendum for public approval of construction funds is scheduled for 1978. WANT TO NEAR FROM US? We will be happy to mail a copy of Plaza Previews to you if you do not already receive it. Just complete and return the form below. Please send Plaza Previews to: Name: Address: Return or mail this form to: Dawn Chapman, Redevelopment Division, Iowa City Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240. i' BULB AAT& Ca mossity Redevelop wi U. S. POSTAGE Civic Center PAID 410 E Washington IOWA CITY, IOWA Iowa City, Iowa 522AO Permit No. 155 CITY CIVIC CENTER "WHY, THERE'S NO DISCRIMINATION IN IOWA CITY." 0 . OF IOWA CITY 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 "I DON'T DISCRIMINATE." "WHO CAN HELP ME?" Have you heard these and other comments? What can you do about it? The Iowa City Human Rights Commission wants your opinion ' in identifying the problems in the area of civil rights. Your opinion counts! Do you feel employment discrimination is a problem? Have you been denied housing because you're t`t a minority? Can't get credit? Did a public facility deny you:<,service because of your sexual preferences? N9 The Iowa City Human Rights Commission invites you to a Y1 r f meeting on September 26 from 7:30-9:30 P.M. at the Iowa City Civic Center, 410 E. Washington. Your opinions are important in: identifying what needs to be done here in Iowa City. And, all the comments made will be summarized and presented to the,:State Civil Rights Commission in preparation for a State-wide session discussing civil rights problems in Iowa. You can help! Join the Iowa City Human Rights Commission in working to improve Iowa City, 1, 373.5 I u C` • 14INUTES OF STAFF MEETING September 14, 1977 The department referrals from the informal and formal council meetings were distributed to the staff (copy attached) A new emblem for City vehicles is in process. All extra information (such as department name) will be eliminated from the vehicles with the exception of the police cars. A questionnaire regarding teamwork was distributed to the staff with the agenda for the staff meeting. Department heads were encouraged to use the questionnaire to determine how things are going in their own department. The subject of flex time was discussed. The suggestion was made to close the Civic Center to the public between the hours of 4:00 and 5:00 P.M., keeping the switch- board open to handle staff calls. Opposition to this idea was expressed, and no consensus was reached on the subject. This item will appear on the staff meeting agenda in a couple of weeks. The department heads were asked if there were any questions regarding their role in the urban renewal bid evaluations. The staff was encouraged to notify the switchboard and the secretaries when urban redevelopment meetings are in progress so that the public will know the reason why people may not be available when they call or come in to the Civic Center. A press release should be written also. The staff was encouraged to review Chapter 4 of the Prospectus and the first ten pages of the Urban Renewal Plan before the meeting to evaluate the proposals. These are the two primary documents which set forth the requirements. Forms should be distributed with the printed proposal material on Friday. These forms can be filled out by hand. There will be two regular staff meetings to discuss the evaluations. One on Monday morning at 8:00 and an all -afternoon session on September 21. The final staff meeting will be on the 26th. Everyone should have their ideas and comments well organized. The Administrative Assistant informed the staff regarding courses for clerical people available at Kirkwood College. Anyone interested may review the material at the Personnel Specialist's Office. The Word Processing Center was briefly discussed. The final report on the office systems survey will be out next week. The staff was advised to talk with the Administrative Assistant if they have any final input. 3 736 I DEPARTMENT REFERRALS INFORMAL SEPTEMBER 12 i O ~ SUBJECT DATE RECD REFERRED To DATE DUE ¢ w ¢ �i ¢ COMMENTS/STATUS w ¢ a Discuss letter to Council at Staff Check policy re: comp time, teaching Meeting 9/12 CTY MGR and vehicle policy Estimate for the Rec Center elevator What was estimate for elevator at remodeling the restrooms were submitt Rec Center 9/12 PUB WRKS as one bid by HLM. The total was $79,5 72.000for the elevator and 7,S00 for restrooms was given as a breakdown. Minimum Housing Standards to Council When?. 9/12 HOUSING ' Ltr from Jim Donkerslott re: even -odd i''Parking (alternate day parking). 9/12 PUB WRKS (Review parking policy). -Schedule hearing re: Freeway 518 9/12 CTY MGR CTY CLRK ' Policy statement on cooperation with • =:,202 housing applicants. 9/12 COMM DEV i{iJnvestigate private telephone service 9/12 FINANCE Meardon's law firm are purchasing. Check telephone increases. i i r FORMAL COUNCIL MEETING SEPTEMBER PEPARTM ENI REFERRALS 0Cl SUBJECT DATE RECD REFERRED To DATE DUE ¢ W ¢ 2 o COMMENTS/STATUS w Er a Check florescen/ghts in Council Chambers 9/12 PUB WRKS to Sign Ordinance to allow -,,Amendment '`banners 9/12 LEGAL ',-.Nancy Paulson, 402 Woodridge Ave, request additional bus route on Ist Av 9/12 PUB WRKS Transit Mgr review this area for report ,,Landlord Tenant Ordin: 9/12 HOUSING Investigate reports Kimberely Smith, 628 N Linn - Status f Bldg iispection ''Valerie Velk 'Berkeley A is - when reinspectec - roaches David Ellis, Town Campus Apts - chec sidewal , supports r balcostairw s racks 3 inches wide), water stands in front of 10 diff d rways, ftairway to b conies Lardous ga s in railings. :REquest League opinion on landlord Cg LL LEA YLs • `';tenant'Ordinance 9/12 CTY MGR M/kt ;Schedule informal Council meeting ,Tohn '.:Sept 23 at 4 p.m. to discuss landlord tenant ordinance. 9/12 CTY MGR .UAY Minutes re: travel 9/12 CTY MGR Call Chairperson of Board discuss expenses ,.!Downtown Commission 9/12 COMM DEV good idea pursue with Hunter 56h d yb t7 DEPARTMEN4 FORMAL CONTINUED SEPTEMBER 13 REFERRALS r i 1 O SUBJECT DATE REFERRED TO DATE DUE ¢ w ¢ 298 ao COMMENTS/STATUS RECD Cr W Q ;.Pull memo Oct 6, 1976 to City Council Send to COuncil .from City Manager re: Citizens Advisor ('Mayor Neuhauser on Govenor's Comm Ames meeting on Friday for local issues 9/12 COUNCIL Oiling of dirt and gravel streets 9/12 PUB WORKS Competitive bidding to reduce price '.Status report of Old Jet 9/12 CTY MGR Send information to Council Approve motion to '`Support Jail & Sheriff facility for `Johnson County 9/12 COUNCIL `i`Motion Old Post FINANCE • approved to purchase COMM DEV :Office 9/12 CTY MGR ::Amendment to taxi ordinance re: ,.Charter Coach operation 9/12 LEGAL for September 20 agenda i 1 0 0 AGENDA IOWA CITY RIVERPRONT COMMISSION IOWA CITY RECREATION CENTER ROOM 13** SEPTEMBER 21, 1977 - 3:30 P.M. Item No. 1 - Meeting to order. Roll. Item No. 2 - Approval of the minutes of the June 15 and August 24 meetings. Item No. 3 - Report on Hardin County trip. Item No. 4 - Report on joint meeting with the Parks and Recreation Commission on September 14, 1977. Item No. 5 - Meeting with Coralville City Council and Planning and Zoning Commission on October 4. Item No. 6 - Discussion of meeting times for presentations to Johnson County Board of Supervisors and Johnson County Zoning Board. Item No. 7 - Fall canoe trip (tentatively scheduled for October 1, 9:00 a.m. to 1:00 p.m.). Item No. 8 - Discussion of application for Bureau of Outdoor Recreation LAWCON (Land and Water Conservation) funds for acquisition of riverfront land. Item No. 9 - New business. Item No. 10 - Adjournment. ** NOTE: Change of meeting place '3737:1 FINANCE DEPARTMENT ACTIVITY REPORT' AUGUST 1977 DEPARTMENTAL GOALS I. To evaluate the use of City -owned or leased computer equipment and provide written recommendations to the City Manager. Departmental information gathering was conducted during the month of August. II. To complete a City risk management evaluation. III Evaluation is pending the Council discussion now set for September 26, 1977. ONGOING: 1) Efforts to improve the City risk management to continue with better communication of possible risk exposures between departments. 2) Investigation into placement of general liability insurance. 3) Investigation into rate increase for workmen's compensation as well as rationale for payment of claims by insurance carriers. FUTURE ACTIVITY: 1) Monthly reports of department claims to be sent to departments - October 1977. Implement an efficient and economical City microfilming program which would reduce archival storage space, facilitate retrieval and allow 2nd copies of valuable records to be economically reproduced and stored for safety. Vendor recommendations were received regarding possible system configurations. However, the vendor submissions were judged to be inadequate so this phase must be begun again. 4 ADMINISTRATION SUBGOAL ACTIVITY Budget: FY 79 budget discussions with Council on Zero Base Budgeting on 8/8/77 resulted in sample budget using ZBB of Street System Maintenance to be completed in early September. Reports: State Road Use Tax Reports - calculations begun this month (due 9/77) General Revenue Sharing Survey - work begin: this month. ACCOUNTING SUBGOAL ACTIVITY Much time was spent by this division providing information to the audit team and revising the financial report to agree with their findings. Work on the financial report will continue through the month of September. TREASURY SUBODAL ACTIVITY Much of the Treasurer's time that was not spent on daily activities was devoted to work on the audit .this month. Planned activity for the month of September includes: 1) Retention Schedule - devise retention schedule for Treasury documents and destruction system. 2) Identification of costs in Treasury Div. affecting PY 79 Budget - in particular, the effect of certified letters on postage bills and increased ntmiber of letters requesting meter reading and billing follow-up letters. These costs will be identified and the least expensive method of mailing will be selected. 3) Monitor refuse collection fee billing as part of utilities billing. 3 739 locity of Iowa CHIP MEMORANDUM DATE: September 9, 1977 TO: Neal Berlin, City Manager FROM: Dennis R. Kraft, Director of Community Development RE: August Monthly Report Attached please find the August, 1977 Monthly Report for the Department of Community Development. /sc 3 ;7 38 I i7 • -1- CDBG DIVISION August 1977 E GOALS: I. Program Administration: To continue the establishment of CDBG project administration procedures -- environmental review processing, financial monitoring, compliance procedures, and sound record keeping. II. Project Development: To monitor the development of CDBG funded projects to better insure CCN, City Council, and HUD satisfaction with program goals, objectives and progress. III. Program Coordination: To coordinate all CDBG projects to accentuate their success and effectiveness and to minimize duplicated research. AUGUST ACTIVITIES: I. A professional financial audit of the first two years of CDBG activities was performed. II. CDBG budget information was compiled into a booklet. Procedures were clarified. Project directors are now expected to manage their program accounts and they have the information to do so. III. A chart of proposed CDBG activities to be carried out during the first six months of PY 178 was presented to the Council. Program progress will be displayed on these charts in the City Manager's Conference Room. IV. The exterior survey of structures in the CDBG program area continued and is nearly complete (approximately 90%). V. Final draft Environmental Review Records (ERR) were prepared for the Senior Center and Retarded Citizen Center projects. The first draft of the bus acquisition ERR was finished. PROPOSED SEPTEMBER ACTIVITIES I. The 4th year CDBG application citizen input process will be implemented. Two public meetings will be held and news releases, etc. will have to be prepared. II. Decisions regarding the proposed senior center project will be made by the City Council; i.e., whether or not to buy the Post Office, whether or not to develop a City owned and operated senior center, and when the proposed activities should be scheduled. III. Proposed rules and regulations for "HCDA of 1977" will be critiqued and comments forwarded to appropriate agencies. (It is expected that HCDA 1977 will be enacted during September.) IV. The Housing Assistance Plan for Iowa City will be reviewed and amended. A presentation will be planned for Council. V. Program activities shown on the attached chart will be monitored. MONTHLY SUMMARY OF CDBG PROTECT ACTIVITIES CDBG PROTECT AUGUST ACTIVITIES PROJECTED SEPTEMBER ACTIVITIES 1. Committee on *The Ralston Creek program was discussed. *CDBG program progress will be reviewed and Community Needs *The citizen input from the Comprehensive Plan goals for the last two years of funding survey was reviewed. established. *Two public meetings will be held to gather citizen input for the 4th year grant application. - *Housing Assistance Plan progress and goals will be discussed. 2. Housing *Contractors were invited to bid on a packaged *Exterior housing survey data will be analyzed -:.Rehabilitation construction contract for 5 improvements to and neighborhoods for housing rehabilitation structures, selected. *Specifications for five additional structures *The first group of packaged bids will be were developed for a second package construction awarded if contractors bid, otherwise a revised contract, if the first proved successful. method of contracting for construction will *The Council decided to offer grant program have to be developed. throughout the CDBG program area. N ='3. Neighborhood *Frank Farmer, Meg Garrett and Sue Sheets are *Playground equipment and bus benches will be Site, finalizing details for implementing portions of selected. Improvements the program. *Forms and procedures for the tree planting *A time schedule for implementation was developed. project and sidewalk repair project will be developed. *A schedule for alley improvements will be • developed. Ralston Creek *A Ralston Creek report was presented to CCN. *Draft of final Powers -Willis report will be ':'Flood Control *A draft of the final Powers -Willis report was critiqued by staff and recommendations will received for review. be submitted to the Council. MONTHLY SUMMARY OF CDBG PROTECT ACTIVITIES CDBG PROJECT AUGUST ACTIVITIES PROJECTED SEPTEMBER ACTIVITIES S. Housing Code Enforcement *956 dwelling units were inspected *After adoption of the new code, in-service 431 rooming units were inspected training of inspectors will be initiated. 213 structures were inspected *Follow-up inspections in sections 9 8 11 of 47 Certificates of Compliance were issued Area A will continue. *The new minimum standards code was completed and *Initial CDBG systematic inspections will is now awaiting a Council discussion. begin in Section 12 of Area B. *A mag -card correspondence system was established. *Follow-up *Annual inspection of apartment complexes with inspections to sections 9 F, 11 in 10 to 19 units will begin. Area A continued. *Annual inspection of apartment complexes with 20 units or more was completed. • 6. Rape *No progress was made. No progress is planned. Prevention Program 7. Senior. Citizen Center *An environmental review record (ERR) was *Two environmental review record official W developed. publications will invite citizens to challenge the proposed project scope, direction or intent. *The Council will discuss the proposed project and make committments toward future activities. 8.' Retarded Citizen *The ERR was reviewed by staff. *Two ERR official publications will'be Center released. ',-.Bus Acquisition *Letters were sent seeking alternate funding. *An ERR was drafted. *No progress is planned. i MONTHLY SUMMARY OF CDBG PROTECT ACTIVITIES 'CDBG PROJECT AUGUST ACTIVITIES 10. Comprehensive *Issues and alternatives were reviewed and Plan approved by the City Council at two informal meetings. *Staff began analyzing the impact of each issue and alternative selected by the Council. 11. Human Needs *Five draft service area profiles were developed; Study the final three are being developed. *The Camp Plan - Citizen Survey data relating to human needs was analyzed. *Questionnaires for In -Home and Rehabilitation services were distributed. +12r`Enorgy *The Energy Commission continued to review pro- .. gram alternatives. *The Commission submitted standard form energy conservation building code amendments to the City Council for adoption effective January 1978. 13., Urbain. Renewal PROJECTED SEPTEMBER ACTIVITIES *Additional issues and alternatives will be reviewed by the City Council. *Staff will continue analyzing the impacts of each issue and alternative selected by the Council. *CPCC will review the impact analysis reports. *Staff will begin drafting potential goals and objectives for the Plan. *The final three draft service area profiles will be completed. *All profile reports will be reviewed by sub -committees. *In -Home and Disabilities questionnaires will be collected and analyzed. *The Energy Commission will meet again to dis- cuss program alternatives. *R-14 Financial audit was held. *Developer bid proposals will be received *Workshop to clarify potential developers' until September 15th. questions was held. *Proposal analysis will be completed by staff • *Pedestrian mall subsurface construction continued. and presented to the Council. 14, Architectural *The City advertised for bidder for recreation Barrier Removal center elevator installation and locker room Program improvements. *City Park bar-be-que grill and hard surfaced paths were installed. *Recreation Center front ramp was constructed. *The contract will be awarded for Recreation Center improvements. *The passenger drop-off area north of the Recreation Center will be constructed. -11 a;lain l MONTHLY SUMMARY OF CDBG PROJECT ACTIVITIES AUGUST ACTIVITIES *Tennis lights at Mercer and City Parks were installed. *Contract for Mercer ball diamond lights were awarded to Fandel Incorporated. •*Both acquisition projects were discussed by the City Council. Hickory Hill was dropped. Meardon is negotiating a price on Happy Hollow. PROJECTED SEPTEMBER ACTIVITIES *Sidewalks in the playground area will begin. *Installation of Mercer ball diamond lights will begin. *Staff report of Hickory Hill - Conklin Lane shelter will be drafted. *The Council will again discuss the Happy Hollow acquisition. *A letter will be sent to Hickory Hill property . owners advising them that we are no longer interested in acquiring the land. N I REDEVELOPMENT DIVISION MONTHLY REPORT August 1977 GOALS: I. Carry out project management procedures and prepare management documents and records consistent with City Council policies and HUD requirements. II. Carry out a program of land marketing consistent with City Council decisions and HUD requirements. IIT. Carry out financial settlement and project closeout as soon as possible, consistent with sound program management. AUGUST ACTIVITIES: I. Planning: a. Met with representatives of Associated Engineers and Sasaki Associates concerning development of the detailed plans for construction of City Plaza. b. Met with merchants from the Hall Mall regarding access to their establish- ments which are located fronting on City Plaza. II. Marketing: a. Drafted the land disposition proposal review process. b. Issued Addenda 3 through 14 to the Prospectus, to interpret or clarify the marketing program. c. Met with Scott MacDonald and several potential bidders to discuss the land disposition program. d. Conferred with numerous individuals who wanted information concerning the land disposition program. III. Management: a. Consulted with auditors performing the R-14 closeout audit. Provided information and explanation in response to auditor's inquiries. b. Received patents to the streets and alleys within the Urban Renewal area which are to be conveyed, from the State of Iowa. c. Completed the transfer of all R-14 land from the LPA to the City. IV. Administration: a. Began processing one residential relocation case. b. Secured agreement from Buc Leathers to rent Module H, Clinton Street Mall. i AUGUST MONTHLY REPORT CURRENT PLANNING AUGUST ACTIVITY: • The only Staff Reports prepared by the Current Planning Division during the month of August included Staff Reports for four final plats. Because of the unusually fewer number of Staff Reports written during the month of August, the Current Planning Division was able to concentrate on other pending work activities. The policy study regarding subdivisions within the City's extraterritorial jurisdiction was completed and referred to the Planning and Zoning Commission for consideration. In addition, a report outlining the alternatives available to the City for construction of a development ordinance which would include revisions of the Large Scale Development Ordinances, the PAD Ordinance and the Subdivision Ordinance. The Staff completed a preliminary investigation of enrollment projections for elementary school aged students in various parts of the City for projected developments within five years and other available information relevant to meetings with representatives of the School Board. Finally, work progressed on revisions to the Tree Regulations in coordination with discussion by the Planning and Zoning Commission. PROJECTED ACTIVITY: No specific numeric objectives for subdivision plat reviews, rezoning appli- cation reviews, etc. are established due to the impossibility of predicting the number of submissions which will be filed. Work activities for the month of September will include: (1) preparation of a development ordinance upon selection of alternatives for construction of the ordinance, (2) continued work on revisions to the Tree Regulations, (3) a continued gathering of information relative to matters pertaining to a meeting between the City and the School Board, and, finally, (4) completion of a two -lot subdivision ordinance pending before the Planning and Zoning Commission. • -8- AUGUST B AUGUST REPORT ADVANCE PLANNING DIVISION 0T.W1 I. COMPREHENSIVE PLAN -- to proceed with planning work so that the two main areas can be developed according to schedule: 1) a City Plan, and 2) a Zoning Ordinance. II. RIVERFRONT COMMISSION -- to continue staff assistance. III. URBAN RENEWAL -- to provide assistance as needed. IV. CDBG ADMINISTRATION -- to provide assistance as needed. V. CITY ADMINISTRATION -- to provide assistance as needed. VI. NORTHSIDE NEIGHBORHOOD PROJECT -- to provide coordination with City activities and to monitor this project. AUGUST ACTIVITY: I. Work in Comprehensive Planning• continued as follows: City Plan -- production of approved topical reports continued and development of the Citizen Participation Report was completed. The Economics Report was approved by CPCC. The draft Issues and Alternatives was partially reviewed by Council and evaluation of Issues and Alternatives approved for analysis began. The Land Use Concepts Report is printed and available. Zoning Ordinance -- Zoning Ordinance development continued with work on unified development regulations and standards the notable activity. II. Staff assistance to the Riverfront Commission continued with a special tour of the Iowa River greenbelt in Hardin County. III. Staff assistance to urban renewal included attendance at meetings, assistance to Sasaki Associates and Associated Engineers and review and checking of site plan details with considerable review of night-time illumination plans and landscaping plans. IV. Staff assistance to CDBG administration continued with assistance in Longfellow neighborhood project planning. V. Staff assistance to City Administration and other departments continued with involvement in analysisof alternative waste water treatment plant locations and annexation research. VI. Involvement in the Northside Neighborhood Project continued with graphic projects completed and most reports finalized. -D - PROJECTED ACTIVITIY: I. The essential planning activities necessary for the development of a City Plan and a Zoning Ordinance will continue on schedule. The separate Citizen Participation process will terminate with approval of the report by CPCC. All other Citizen Participation will be an integral part of the development, evaluation and adoption of the City plan elements. II. Staff assistance to the Riverfront Commission will continue. III. Staff assistance to Urban Renewal will continue at an increased rate through mid-October. IV. CDBG assistance will continue. V. Assistance to City Administration and other departments will continue as requested. VI. Involvement in the Northside Neighborhood Project will continue. DETAILED REPORT OF COMPREHENSIVE PLANNING ACTIVITIES: Clerk Typist -- The Clerk Typist resigned to take a program coordinator position with the Heritage Area Council on Aging. Planning Technicians -- During August the Planning Technicians provided graphics for the Planning and Zoning Commission, City Administration, and planning projects. They assisted in office duties, and prepared final copy for printers as well as updating base maps. Assistant Planners -- During August the Assistant Planners worked in several areas as project leaders for planning tasks. The planners worked on the Community Facilities, Citizen Participation, and Economics reports. Additionally, the _ Assistant Planners performed zoning research, data processing duties, and helped develop 'issue questions and policy alternatives. They also began work on Issues and Alternatives impact evaluation. Additionally, work on a promotional leaflet for Iowa City began as well as assisting in CDBG projects. Senior Planner -- The Senior Planner directed planning activities and assisted in the citizen participation process. Additionally, the Senior Planner continued - research of the new Zoning Ordinance, worked on the Issue Questions and Policy Alternatives, assisted in urban renewal activities and in evaluation of alternative waste water treatment plant locations. 9 MM TO: F•, v'fl RE: aNNy of Iowa City* MEMORANDUM DATE: September 8, 1977 Dennis Kraft, Director of Community Development Development Bill Keating, Assistant Planner Ok North Side Neighborhood Preservation Study - Monthly Status Report We are now nearing completion of the remainder of the topical reports of Phase Wo of the work program. Preliminary drafts of the Historic Resources -Inventory, Land Use, Procedures Handbook, Grant Coordination, and ordinance and administrative procedures review have been completed and are being prepared for final draft form. We are now preparing our strategy and timing for the release of the reports. Since Urban Renewal will likely occupy a great deal of the time and attention of the Council during late September and early October, we will not begin the formal release of reports until the middle of October. Graphics and formatting for the reports are essentially complete. The architectural sketches for the Historic Resources Inventory have been completed and the results are highly satisfactory. Replacements for those Staff members who completed their work with the project last month are now being considered and we expect to hire three or four of them within the next month. The individuals being considered are largely from the first and second year classes of the University of Iowa Planning Program. During the coming months, I expect to be handling more of the routine administrative matters for the project since Doug Lee has resumed his teaching and administrative duties with the University. Lee will, of course, continue his position as project leader, and I expect he will be devoting more than the fifteen percent time to which he is committed under terms of the grant contract. BK:sc ecity of Iowa Cit* MEMORANDUM DATI, September 9, 1977 TO: Neal Berlin and City Council FROM: Dick Plastino, Director of Public Works RE: Monthly Report for August ENGINEERING DIVISION Muscatine Avenue Project - The project is still ahead of schedule, however, rainy days have been slowing it down. Ten UnitT-Han er - The contractor still has a couple of things on a punch ist to be comp eted before the City Engineer can recommend acceptance to the Airport Commission. Air Conndition�in Studies - The Resource Conservation Commission has presented a stun whici involves student help from the Engineering School at the University. A letter has been written to the Engineering School seeking student help and nothing has been heard yet. Southwest Interce for Repair - Hydrogen peroxide is being added at the Hawkeye Lift Stat on an this has stabilized the problem. Engineering work will continue on a plan of action for a corrective repair. Mormon Trek Boulevard - Plans and specifications are complete and have been sent to the State apartment of Transportation. Required public hearings will be scheduled during the month of September. Tennis Court Lighting Project - The lights are up and functioning at Mercer aa—R. only seven o t e ten poles are up in City Park. The last three poles arrived the latter part of August and will be installed shortly. An early September completion date is anticipated. FY78 Landfill Excavation Project - The contractor has substantially finished his work and the project will be paid off the latter part of September. Asphalt Overlay Project - This project is essentially complete. It is anticipate t e contractor will re -chip seal Court Street and acceptance of the project should be sometime in September. Sewer System Evaluation Survey - This project is on schedule. The consultant as n s e t e smo a testing, the civic survey and is part way through the dye water flooding. Colla a/Dubu ue Mall Sewer Pro act - The storm sewer and sanitary sewer should e comp ate y nstaf a y m - eptember. Corridor Sewer Project - The City has a contract with Veenstra & Kim with a completion date of December 15. 3 738 August Monthly Report • • Page 2 Building Maintenance - A time study of janitorial needs for the Civic Center/ Davis Building reveals that over a three month cleaning cycle 1,565 manhours are needed. Present staff provides 924 manhours. We will recommend an additional full-time person in the FY79 Budget and we do seek immediate hiring of a half-time person for the remainder of this fiscal year. As an alternate to the above, certain functions listed on the time study can be terminated. Scott Boulevard - Legal descriptions are being written for Scott Boulevard an t e City w 11 attempt to acquire deeds to the land at no cost where possible. SOLID WASTE DIVISION The Solid Waste Division picked up 1289 tons of solid waste during the month. Manhours per ton averaged 1.40. POLLUTION CONTROL DIVISION 208 million gallons of sewage flow was treated. The peak day was 12 million gallons on August 16 when the plant bypassed to the river. 125 manhours were spent working on lift stations. There were 12 complaints of sewage stoppages at which were five were City responsibility and seven were property owner responsibility. 5,085 feet of sewers were cleaned. STREET DIVISION The Street Division is converting to a program budget and monthly reports will resume when this process is complete in approximately two months. WATER DIVISION 814 feet of new water main were installed. There were three water main breaks during the month. 62 outside meters were installed. The was a chlorine leak at the pump building which damaged the automatic meter system. A motor at the east side storage tank needed repair. Raw water has been very turbid during the month of August and chemical cost will increase accordingly. TRAFFIC ENGINEERING The Traffic Engineer held meetings with Hy -Vee, Iowa -Illinois Gas & Electric, Resource Conservation Commission, students from the Institute for Urban Research, and Southgate Development concerning various traffic matters around the community. The east -west one-way couplet was rebid on August 16 and the bid was below the engineer's estimate. IDOT has approved the 6/1/218 temporary signal installation and bids are being solicited. Highway 6 and Sycamore - equipment bids are being solicited. Interviews were held for the maintenance worker I and maintenance worker II positions. Wally Carlson, the Traffic Superintendent, announced his retirement effective September 30. August Monthly Report • Page 3 • Highway 6/Keokuk/Hollywood intersection was filmed for comparison to prior filming done before the one-way was set up. Two postcard surveys were done for a street light on Juniper and for parking. The Traffic Engineering Division was called out on 38 defective traffic signals and five street light outages on the City light system. 50 new signs were installed and 21 replaced. 355 gallons of paint were installed on the streets. All school cross walks were painted. Pull box rings and lids on the Highway 6 street lighting system were installed. Repaired several shorts in the Washington Street lighting system. EQUIPMENT DIVISION The following work was done for various divisions as follows: Streets Replace axle seals and axle locks on #221 Dodge truck, repaired air compressor on #227 Trojan end -loader, replaced exhaust system on #259 leaf loader, rebuilt front engine on #227 Mobil sweeper, started and checked Highway sanders. Refuse Repaired fuel system on #472 John Deere compactor, repaired fuel system on #799 Cat, dozer, repaired rear spring saddle on #801 Ford packer, adjusted brakes on #802 Ford packer, _ replaced fuel injectors and sent truck to Altorfer's in Cedar Rapids, for warranty work on engine (broken piston) on #803 IHC packer, rebuilt (2) packer cylinders. Transit Rebuilt battery box and installed new batteries on #601 bus, rebuilt A/C compressor, rebuilt battery box and adjusted brakes on #602, rebuilt A/C compressor and tuned up the engine on #603 bus, rebuilt battery box on #604 bus, adjusted brakes, rebuilt battery box and rebuilt A/C compressor on #605 bus, adjusted brakes and rebuilt battery box on #606 bus, replaced engine oil cooler on #607 bus, installed rebuilt transmission in #608 bus, rebuilt battery box on #609 bus, did major brake job and installed rebuilt A/C compressor on #610 bus, rebuilt starter on #612 bus, adjusted brakes on #614 bus, adjusted brakes on #615 bus, replaced tie rod ends and steering arm end on #671 bus. Water Rebuilt drive shaft on #5 Dodge truck, repaired back hoe boom on #33 M.F. back hoe. Pollution Control Did complete brake job, replaced exhausts system, tuned up engine, and did valve job on #734 Ford truck. Traffic Replaced brake master cylinder on #375 Dodge truck. Equipment Tuned up engine on #208A GMC pool truck, adjusted brakes on #230A GMC truck, tuned up engine on #270 IHC boom truck, installed new transmission (old transmission not rebuildable) and replaced U -joints on #743 Dodge truck. Parks & Rec Replaced hydraulic pump on #918 GMC truck. August Monthly Report • Page 4 Police Dept. Tuned up engine on #840 Chevrolet car. Fire Dept. Tuned up engine on #360C Chevrolet S/W, resealed pump gear box on #362 Ward LaFrance pumper. Engineering Repaired rear springs on #109 Chevrolet Suburban. Miscellaneous Repaired lights on all equipment stored at service building, cleaned all vehicles, inside and out, stored at service building. (done by CETA summer help). TRANSIT DIVISION During the month of August five drivers resigned (Kruse, Gabel, Redfern, Plumb and Abel) and four dirvers were hired (Reichelt, Beckstrom, Ketelsen, and Winkler). Also, one evening bus serviceman (Harris) was promoted to driver. The bus fleet was involved in one accident; a bus struck a stopped car which in turn struck another vehicle. Total damage was in excess of $1000. Ms. Jean Parker was transferred from Bus Driver to Maintenance Worker II. In this capacity she is in charge of the evening service crew, and she also acts as office person after the dispatcher leaves for the day. There has already been a quantum leap in bus cleaning and servicing, and it is expected that further improvements will be forthcoming. New run picks went into effect August 29. Entirely new run assignments were drawn up, runs which greatly reduced scheduled overtime. The reduction in overtime had a very negative effect on employee morale and management - labor relations. The extra Hawkeye - North Dubuque tripper was reinstituted to handle the extra demand caused by returning students. The beginning of the fall semester resulted in ridership increases on the order of 50% for the entire system. An unusually high number of back -to -school resignation has resulted in a severe shortage of drivers. We are hiring new drivers as fast as possible, but until we get back to full strength we are incurring many hours of unscheduled over- time. At the end of August there were openings for three part-time drivers, with three more resignations expected shortly. Work has progressed on the IDOT Transit Assistance Grant. Eleven possible operating improvements and four capital improvements were identified and offered for consideration by the City Council. Final decisions on the actual grant application will be made during September. • 0 IOWA CITY FIRE DEPARTMENT MONTHLY REPORT AUGUST 1977 ROBERT P. KEATING, FIRE CHIEF AUGUST ACTIVITIES The Fire Department received and responded to a total of 58 emergencies. Fortunately there were no serious fires and the fire loss for the month was down from a high of $75,000.00 for the previous month to $4,600.00 for August. All fires were investigated and their cause established. The department still has one fire which occurred on July 26th, still under investigation by the State Fire Marshal's Office. As soon as laboratory reports are in the Iowa City Fire Marshal will meet with the State Fire Marshal for the purpose of establishing a cause. The department participated in a program instructing S.U.I. hospital personnel in the correct methods of fire fighting. Over 800 key personnel took part. Testing of pumpers for pumping capacity was started during the month. This had been put off since late spring due to the low level of the river. Hopefully the testing can be completed early next month. PERSONNEL Three persons were selected from Civil Service list to fill vacancies that existed on the department. Those selected were Steve Dolan, assigned to Shift #1; Darrel Langstaff, assigned to Shift N3; Linda Eaton, assigned to Shift #1. FUTURE ACTIVITIES School inspections will continue. Fall inspections will be started during the up -coming month. This Inspection will include all business buiiddmgs in the outlying area as well as Central Business and all S.U.I. buildings. Preliminary work is now being done in preparation for Fire Prevention Week, October 9 through 15, 1977. -37-38 • MONTHLY REPORT FIRE DEPAIMIENT • MONTH OF AUGUST 1977 FIRE DEPARTMENT ACTIVITIES THIS MONTH THIS YEAR TO DATE LAST YEAR TO DATE FIRE ALARI:LS 29 192 206 0 5 1600 1/011I�Tr 17. _ 5 90 9 7Cfi{"�T.C^fCfi T S • S _ .___g_ 51 64 48 TOTAL EHERrEHCTES 58 413 395 1.YSP.Ef' lOMS 177 12A.1 1026 A, G 7 2 8 =- 0 8 T,TTM PERMITS 0 - - R(; EVOIT70N PROGRAAS1 25 13 FIRE WILLS 3 U 12 _COMPLAINTS 1 24 15 ANAID 0 75 820 lb/Z 1164 IRST AID INSTRUCTION 0 1 4 31 5 TAJIVBV DUTY 0 1 _ 1 SCHOOLS PI'M 30 5 3 TIOM TOURS 3 0 39 TY HERS FILLED 4 55 0 IES TO FIREFIOHTERS 0 11 HFIREFIGHTERS 5 15 fVI-AMS o CLASSIFICATION HO THIS THIS OF.FIRE ALARALS MLOSS THIS MONTH VALUATION LOSS THIS YEAR LOSS LAST YEAR WE OF EQUIPMENT THIS MONTH AT FIRES THIS YEAR THIS MONTH AT FIRFS AT 1)RT11¢ THIS YEAR AT ORT 1 1 C 200 0 0 1600 OF 40 90 9 000 5250 10755 125 3425 ..OF LAVVEPS 34 357 136 1 130 0 0 8 K 3510 - - V77,5- It UCK 0 47 22 75 37 41 19 Cr 366 B K 367 30 5 65 369 0 0 1 40 • AUGUST 1977 DA'!1 TOTAL TO DATE 4k_ Lama Tire@ in Ruildinp 14 $2,630.00 93 $133,016.26 Tire@ in Motor Tobiole@ 12 1,974.00 47 13,367.00 Tires in Rubbish 1 .00 19 .00 Other Piro@ Outdoor. 2 .00 53 .00 Malicious False Alum 2 .00 33 .00 Other Tale Alars 3 .00 18 .00 Ayartaents 2 .00 24 30,809.00 Dwllinp 6 950.00 33 87,195.13 Hotels - Motels Other Residential 0 1 .00 80.00 0 11 .00 10,185.00 Institutions 1 .00 7 928.00 Schools - Collaraa 0 .00 3 1,290.00 Tublio Assembly 0 .00 0 .00 Stores - Offices 2 11500.00 10 1,909.13 Manufacturing 0 .00 0 .00 Storage 1 .00 3 600.00 Miscollawono 1 100.00 1 100.00 O TO: Robert P. Keating, Fire Chief SUBJECT: Monthly Report DATE: September 2, 1977 The following is a report of the activities of the Fire Marshal's Office for the month of August 1977. SPECIAL INSPECTIONS ................... 39 Systems Unlimited (Houses) ............... Multi -Dwelling .......................... DayCare ................................ Home for the Elderly ..................... Tavern Inspection for Permit ............. Schools (Elementary) New Parking Ramp,(U. of I. Hospital) ..... Complaint on Locked Exits ................ AirportHanger .......................... Locating Smoke Detectors ................ Inspection of Fire Escape ................ ARSON INVESTIGATION ...................... 11 8 3 1 3 3 1 3 1 3 2 2 Fortunately these were minor fires and both caused very little damage of these was attributed to a small juvenile boy. FIRE INVESTIGATIONS ...................... 3 As the case has been in the past, the Fire Department officers and fire fighters information has been very helpful in determining fire cause. SPECIAL MEETINGS ......................... 6 Attended one -day Arson School at Des moines 1 Apprenticeship for fire fighters .......... 1 UrbanPotential Workshop .................. 2 days Johnson County Regional Planning .......... 1 U. of I. Hospital Personnel ............... 3 u Fire Marshal's Report Page 2 PUBLIC RELATIONS All of our N.F.P.A. fire prevention material has arrived for October. A letter was given to Mr. Cronin Acting Superintendent of the Iowa City School District. This is in regard to a poster contest for the 4th, 5th, and 6th grade students. A plaque will be given for Ist place for each grade. Also the winning posters will be entered in the State Poster Contest. Also performed the dutes of Chief Keating while he was on vacation. Respectfully submitted, awrence H. Kinney Fire Marshal ITRAINING REPORT • . AUGUST 1977 Shift #1 No, of Hours 412 No. of Drills 75 Shift #2 No. of Hours 203 No. of Drills 42 I Shift #3 No. of Hours 205 No. of Drills 61 TOTAL NO. OF HOURS 820 TOTAL NO. OF DRILLS 178 EQUIPMENT AT DRILLS 4„ Hoee 200 Truck #354 6 3" 11090 300 Car #360 2�.11 Hose 790 Truck #361 7 1,1" Hose 700 Truck #362 8 Ft. of Dooster 125 'Druck /363 6 Ft. of Ladders 136 Truck #364 5 ..Times Pump Used 27 Truck #365 21 Truck #366 11 ' Nozzle Lines `Other Minor Lquipmont Truck #367 5 - — Van #369 1 A total of 178 drills were given with the men receiving 820 hours instruction. Various drills that were performed this month: fire extinguisher operation - shifts practicing rope and rescue operation - men working on ladders - aerial drills for rescue and supression - apprenticeship books up to date. Officers Lawrence Kinney, Captain Wombacher, Lieut. Giesking, Lieut. Fjelstad, Lieut. Stagg, Firefighters R. Allen, E. Brenneman, G. Norenberg, G. Wissink, R. Stutzman, K. Hudachek, R. theNdepartmentD. Lreceived staff aaletteraofd In "thank you". 809Demonstrations participatedI' Hospital and Due to lack of water trucks usually tested in summer were done now. August had two done and the rest will be completed by October 1. As of Sept. 1, 1977, Thomas L. Hansen was appointed as Training Officer. We know this will bring the apprenticeship program into "hing gear". We all know he is always open to suggestions for the betterment of training or the Fire Dept. Thomas L. HahSen Ocity of Iowa CHO lA DATE, September 16, 1977 TO: City Council / FROM: City Manager��! RE: Status Report: Old Jet The Staff has worked in conjunction with Jim Hynes to locate an F-100 aircraft (similar in design to the F-86 "Old Jet"). The search was threefold: 1. To obtain an aircraft from Davis-Mounthan Air Force Base in Tucson, Arizona, where surplus military planes are taken for parts inventory and demilitarization. 2. To obtain an aircraft locally through the State National Guard or other local air base. 3. To determine if "Old Jet" could be repaired for display purposes. It is possible to obtain an aircraft from Davis-Monthan. A D -Model F- 100 type aircraft suitable for commemorative display purposes is available and a formal request has been sent for this plane. Although the Air Force does not charge for the aircraft itself, someone must bear the costs of dismantlement and transportation to Iowa City. Disassembly would take place at Davis-Monthan and the aircraft would be shipped directly from Tucson. The City has received three cost estimates for this method of obtaining an aircraft. One firm estimated three alternatives of transportation: Disassembly and packing for shipment by truck including labor and materials - $2,885; 2. Disassembly and packing for shipment by rail including labor and materials - $3,268; and 3. Dissassembly, packing and delivery by their truck - $3,698. The second estimate for disassemblement only is $3,646. This firm has requested a quote from an interstate trucking firm for transportation to Iowa City. This charge is estimated to be $2,880. The total estimated cost is $6,526 for disassembly and transportation to Iowa City. The third estimate for dismanteling, shipping, cradling, packing and crating is $4,854. The second approach, that of procurring an aircraft locally, is probably more cost efficient to the City and more energy conservant. Mr. Jim Hynes has concentrated his efforts in this area through a variety of political and military contacts. At one time the Air Force had a policy to demilitarize in the field but because it resulted in dismantlement of operative aircrafts the practice was discontinued. The City has been 373 working with Congressman Leach's office to determine if an aircraft can be obtained locally. Leach's office has learned from a military liaison at Davis-Monthan that it would be possible for the City to obtain an aircraft locally if (1) the plane be located closer to Iowa City than Tucson, and (2) the demilitarization in the field is cost-efficient to the Air Force. Leach's office further indicated that it might be four to six months before an aircraft is declared surplus and thus ready for demilitarization. The third alternative was that of repairing the existing plane. Dewey's Salvage would return the aircraft to its former position at no charge. However, it should be noted that the cost of heli -arc welding on aluminum is expensive. A portable heli -arc welding unit is available out of Cedar Rapids. Based on an hourly fee it is estimated that reconstruction may involve one week work and costs may run as high as $10,000. A meeting between representatives of the Airport Commission and Project Green to discuss these alternatives is appropriate to determine which route to select. 0 WILL J. HAYEK JOHN W. HAYEK C. PETER HAYEK C. JOSEPH HOLLAND HAYEK. HAYEK & HAYEK ATTORNEYS AT LAW III> EAST WANHINOTON STREET IOWA CITY. IOWA 32240 September 20, 1977 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Landlord - Tenant Ordinance Mayor and Council Members: 0 AREA COOK DIG 337.9606 F J dE0 P2 01917 ABBIE STOLFUS CITY CLERK At ,your request the Legal Department of the City of Iowa City has made an extensive review of the landlord -tenant ordinance proposed through the initiative procedures of the Iowa City Charter. This letter along with Mr. Tony Kushnir's memorandum concerning the ordinance with attached documents constitutes our report on the ordinance. For the reasons discussed below I believe that there are serious legal problems with the proposed ordinance and that it is unlikely that the ordinance would be upheld by the Iowa courts in a court case testing its legality. Before discussing the merits of the issue before us, I would like to briefly mention some preliminary matters. First of all, the Legal Department has approached the problem of analyzing this ordinance very much aware of the unique problems that the initiative procedure in the City Charter poses. We are aware, for instance, that this ordinance may well be adopted at a referendum and become the law of Iowa City regardless of the conclusions and opinions contained in this report. A report, such as this one, raising several questions concerning the legality of the ordinance would certainly serve to make advocacy of legality in a later test case difficult for myself and for Mr. Kushnir. In order to avoid this difficulty we could refuse to issue a legal opinion at this time or else couch the opinion in very vague and innocuous generalities so that it could not be used against us later. In my opinion to follow such a course would be a disservice to the City Council and to the community and would be to shirk and avoid the responsibilities that we have as city attorneys. I therefore believe that the responsible ccurse of action is to issue this report clearly setting forth our views as to the ordinance and to deal with the problem discussed above if and when it arises as best we can. 37y0 The Honorable Mayor and City Council of Iowa City - 2 - September 20, 1977 Inevitably when an ordinance of this sort is being discussed, the question of Was or prejudice of the person commenting on the matter arises. I feel that I ought to indicate to the City Council that I do have ownership interests in rental property and am therefore a landlord. I would also point out that Mr. Kushnir leases rental property and is a tenant. Further of course there are members of the City Council who are landlords and there are members who are tenants. In working on this report Mr. Kushnir and I have done our best to be as objective as possible. The merits of this type of legislation have been considered by the Council before. Indeed the Legal Department of the City has previously had occasion to report on the legality of such legislation. On March 28, 1975, a memorandum was issued by the Legal Department stating that in our view under the home rule powers of municipalities in Iowa the City has the power to enact certain restrictions and regulations in the landlord - tenant area but that the City does not have the power to impose rent con- trols or regulate the type of lease agreements to be used by landlords and tenants. We indicated that we felt the City does have the power to provide for rent withholding where the landlord fails to maintain the premises as required by housing codes and ordinances and also, as an adjunct to the authority to adopt housing codes and regulations, the Council has the power to prohibit retaliatory evictions. In March of this year, in a letter to Mr, Harry Baum, one of the proponents of the landlord -tenant ordinance, Mr. Kushnir expressed considerable reservations concerning a previous draft of the ordinance and discussed in great detail the legal problems that he foresaw with the ordinance. Copies of the memo of March 28, 1975, and the letter to Mr. Baum are a part of the materials attached to this report. Without repeating the detailed analysis contained in Mr. Kushnir's memorandum the critical question with respect to the ordinance is whether or not the City has the authority to adopt it. Cities in Iowa are granted broad home rule powers by the Iowa Constitution. Those powers are, how- ever, not without limit. Section 364, 1 of the 1977 Code of Iowa is the basic statute setting forth the home rule powers of municipalities in Iowa. That section of the Code of Iowa reads as follows: A city may, except as expressly limited by the Constitution, and if not inconsistent with the laws of the general assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or of its I The Honorable Mayor and City Council of Iowa City - 3 - September 20, 1977 residents, and to preserve and improve the peace, safety, health, welfare, comfort, and convenience of its residents. This grant of home rule powers does not include the power to enact private or civil law governing civil relationships, except as incident to an exercise of an independent cityower. (Emphasis added The question then becomes one of interpreting the meaning of this statute and particularly the limiting provisions of the last sentence underlined above. As Mr. Kushnir points out, the appellate courts in those states which have the same or very similar limiting language in their home rule statutes have held rent control and similar restrictions to be in violation of the limitations on the grant of home rule powers and in excess of the authority granted to cities in those states. We believe it likely that the Supreme Court of Iowa would reach a similar conclusion. Cities in Iowa have the authority to adopt and enforce minimum housing nodes, building codes and the like. As incident to that authority cities can, I believe, adopt laws and regulations which, though they may interfere with private contractual relationships, are designed to help enforce the housing or building codes. For example, cities could pro- hibit enforcement of terms of a rental agreement wherein a tenant would agree to not make any complaints concerning violations of the codes or ordinances, cities could adopt ordinances prohibiting evictions of tenants who have complained to the authorities concerning code violations, and, as we indicated in March of 1975, we believe that cities could adopt ordinances providing for rent withholding for structures where there have been serious code violations, the rent withholding being basically a self-help device to enforce the housing code. however, I do not believe that the City can pass laws which regulate general terms of a rental agreement such as terms concerning unconscionability or fair- ness or require written leases or place limits on damage deposits or prepaid rent or require that leases be assignable. These regulations, desirable though they may be from a tenant's standpoint, can hardly be said, it seems to me, to be incident to or related to the authority of the City to adopt and enforce minimum housing and building nodes. Rather such regulations are, I believe, an attempt to adopt private civil law governing civil relationships and contracts, an area reserved to the state legislature by Section 364. 1 of the Code of Iowa. 0 0 The Honorable Mayor and City Council of Iowa City - 4 - September 20, 1077 Mr. Kushnir's memorandum lists the specific sections of the ordinance which we believe to be in excess of the City's authority. Generally these sections attempt to dictate the terms of the contractual relationship between landlord and tenant in ways which are not, in our opinion, incident to the authority of the City to enforce its housing codes. The ordinance in Section 9, 31. 9 provides for rent withholding and in Section 9. 31. 10 for receivership of substandard housing where the landlord refuses to make necessary repairs. Properly drafted rent with- holding and receivership ordinances limited to enforcement of the City housing codes would be, we believe, within the authority of the City to adopt. However, it does not appear to us that the rent withholding and receivership provisions of the proposed ordinance are necessarily so limited. For example, under Section 9. 31, 7 it appears that a dwelling may be certified for rent withholding where the operator has engaged in practices in violation of the ordinance. Presumably those practices would include practices which, as discussed above, we believe the City does not have authority to prohibit. In like manner the receivership section of the ordinance does not appear to clearly be limited to enforcement of the housing and building codes. Also the termination and repair and deduct tenant remedies contained in Section 9. 31. 6, though perhaps within the authority of the City to adopt in proper• form, do not appear to be clearly limited to enforcement of the housing nodes of the City. I doubt, for example, the authority of the City to allow tenant self-help where the landlord has failed to provide equipment or services agreed to in the lease but not required by the housing codes. Tenants already have a cause of action under existing law against the landlord for any such breach of contract, it is difficult to see the City's interest in such contractual disputes. The proposed ordinance does contain a severability section. Section 9. 31. 15. Under this section the courts could strike down many of the provisions of this ordinance, along the lines discussed above, while allowing other provisions to remain in force, however, I believe it is probably more likely that due to the considerable difficulties with the ordinance and the fact that so many sections of it appear to have legal problems a court might very well invalidate the entire ordinance rather than leaving a few sections still standing whose substance is materially different than that of the original statute. The Honorable Mayor and City Council of Iowa City - 5 - September 20, 1977 We will be happy to discuss this with you further at your con- venience. Respectfull submitted, ohn W. Hayek