HomeMy WebLinkAbout1978-06-06 Resolution141CROFILMED BY JORM MICROLAB
RESOLUTION NO.
CEDAR RAPIDS AND UES MOINLS, 10WA
RESOLUTION SETTING PUBLIC HEARING ON AMENDING
THE FY78 BUDGET ENDING JUNE 30, 1978.
BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public
Hearing be held in the Civic Center at 7:30 p.m:, June 13, 1978, to
permit any taxpayer to be heard for or against the proposed amendment
to the FY 1978 Budget ending June 30, 1978.
The City Clerk is hereby directed to give notice of Public Hearing
and time and place thereof by publication in the Iowa City Press -Citizen,
a newspaper of general circulation in Iowa City, at least four (4) days
before the time set for such hearing.'
It was moved by and seconded by
that the Resolution as read,be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: `.
_ Balmer 1JL
deProsse NCp�6
Erdahl
Neuhauser
_ Perret
Roberts
Vevera
Passed and approved this day of
i`
MAYOR
CITY CLERK
78.
RECEIVED i APPROVED
BY THE LEGAL DEPART ID;IiT
pe
Mrnorn.MED By
JORM MICR( LAB
CLOAK kAI IIS: • ;Ri, 101'![,
I oy9fl
i
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, 10WA
0
ti RESOLUTION NO.
RESOLUTION SETTING PUBLIC HEARING ON AMENDING
THE FY78 BUDGET ENDING JUNE 30, 1978.
BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public
Hearing be held in the Civic Center at 7:30 p.m., June 13, 1978, to
permit any taxpayer to be heard for or against the proposed amendment
to the FY 1978 Budget ending June 30, 1978.
The City Clerk is hereby directed to give notice of Public Hearing
and time and place thereof by publication in the Iowa City Press -Citizen,
a newspaper of general circulation in Iowa City, at least four (4) days
before the time set for such hearing.
It was moved by and seconded by
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer
deProsse
Erdahl
Neuhauser
Perret
Roberts
Vevera
Passed and approved this day of
CITY CLERK
MAYOR
�141CROFILMED BY
DORM MICR+LAB
CLOAK I:At 1: , • ;VE '10115
1978.
RECEIVED i APPROVED
BY THE LEGAL DEPARTMENT
MILRO'FlUIED BY JORM MICROLAB
CEDAR RAPIDS AND UES MOINES, IOWA
RESOLUTION N0. 78-203
RESOLUTION APPROVING CLASS "B"
BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class "B" Beer Permit Application is hereby approved
for the following named person or persons at the following
described location:
Bill George Mihalopoulos dba/The Best Steak House, 1 South Dubuque
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for
approval to be endorsed upon the application and forward
the same together with the license fee, certificate of
financial responsibility, surety bond and all other
information or documents required to the Iowa Beer and
Liquor Control Department.
It was moved by Balmer and seconded by Roberts
that the Resolution as rea a adopted, and upon ro ca
there were:
AYES: NAYS: ABSENT:
Balmer
x
% deProsse
x
Erdahl
x
Neuhauser
x
Perret
x
Roberts
x
Vevera
x
Passed and approved this 6th day ofd% June 19 78
/l Mayor
Attest: (�Zzz'L
City Clerk
1052
MICR0FIL1410 BY
DORM MICR¢LAB
Ck phlt R%u Ilt dG 'I0111L5
11ICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES 14OINLS, IOWA
RESOLUTION NO. 78-204
RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class B Beer Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
Bill George Mihalopoulos dba/The Best Steak House, 1 South Dubuque
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance of state law.
The City Clerk shall cause a recommendation for approval to
ibe endorsed upon the application and forward the same together
with the license fee, bond, and all other information or docu-
ments required to the Iowa Beer and Liquor Control Department.
It was moved by Balmer and seconded by Roberts
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
iBalmer x
deProsse x
Erdahl x
Neuhauser x
Perret x
Roberts x
Vevera x
19 78 Passed and approved this 6th day of June
Mayor
Attest:
City Clerk
141COruMm By
`i
JORM MICR6LA9
C!.JAG F.dlili 1. J%7 ?�IIIfS
r4ICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES 1401NLb, IOWA
RESOLUTION NO. 78-205
RESOLUTION TO ISSUE CIGARETTE PERMITS
WHEREAS, the following firms and persons have made appli-
cation and paid the mulct tax required by law for the sale of
cigarettes and cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the applications be granted and the City Clerk be and he/she
is hereby directed to issue a permit to the following named
persons and firms to sell cigarette papers and cigarettes:
See attached list for names of applicants for 1978-79 cigarette
permits
i
It was moved by Bay_ and seconded by
Roberts
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
i
Balmerte_ x
dePros_ sem_ x
Erdahl x
X
Neuhau_ sem_
i
X
Perret
x i
_Robert_
t
x
Vevera
Passed and approved this 6th day of Jun_ a __,
19 78
Mayor
Attest: �� -IC
City Clerk
/OS3
Y: • R r"
� MIC AOf ILMCO AY
i
JCRM MICR6LAB
Cf Ud; AA; I2L • :'i `; '!019 C5
I
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MILROFILMED BY JORM 141CROLAB
CEDAR RAPIDS AND DES MUINLS, 10WA
CIGARETTE PERMITS - July 1, 1978 through June 30, 1979
79-1 - Pester Derby Oil Co., 606 S. Riverside
79-2-.HyVee Food Store #l, 227 E. Kirkwood
79-3 - HyVee Food Store #2, 310 N. 1st Ave.
79-4 - George's Buffet, Inc., 312 Market St.
79-5 - The Airliner, 22 S. Clinton St. (Spayer & Co., Ltd.)
79-6 - The Nickelodeon, 208 N. Linn (Robert Dane)
79-7 - Colonial Bowling Lanes, 2253 Highway 218 South (Pershell Corp.)
79-8 - Currier Dining Services, U. of I.
79-9 - Hillcrest Dining Services, U. of I.
79-10 - Residence Services - Vending Service, U. of I.
79-11 - Residence Services - Burge Hall, U. of I.
79-12 - Quadrangle Dining Service, U. of I.
79-13 - Eagle Discount Supermarket #157 (Lucky Stores, Inc.), 600 N. Dodge St.
79-14 - Eagle Discount Supermarket #220 (Lucky Stores, Inc.), 1101 S. Riverside Dr.
79-15 - May's Drug Store #198 (Lucky Stores, Inc.), 1101 S. Riverside Dr.
79-16 - Imperial Refineries Corp., 1854 South Riverside Dr.
79-17 - 7 -Eleven Food Store #18048 (Southland Corp.), 820 - 1st Ave.
79-18 - Iowa City Sav-Mor (Krause Gentle Oil Corp.), 1104 South Gilbert St.
79-19 - Hawkeye Dairy Store (Hawkeye Dairy, Inc.), 701 E. Davenport St.
79-20 - Quik Trip #503 (QuikTrip Corp.), 123 W. Benton St.
79-21 - Quik Trip #509 (QuikTrip Corp.),225 S. Gilbert St.
79-22 - Walgreens 1646 Sycamore �Walgree Co.�
79-23 - Gilbert SE. Tap, 1134 S. ilbert �Wm. 4arcus Hansen)
79-24 - Gabe 'n' Walkers, 330 E. Washington (EECH, Inc.)
•tlr
MICBOFILIdCO BY
JORM MICR6LAB
LL JGI'. i'.AfIJ .iF'. ISO:'ICS
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MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MOINES, 10WA
ESOLUTION NO. 78-206
RESOLUTION APPROVING CLASS C
LIQUOR CONTROL LICENSE APPLiZAfiIaA
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approveefor the following named person or
persons at the following described location:
John M. Kellogg dba/A & V Pizza Villa, 5 S. Dubuque
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Balmer and seconded by Roberts
that the Resolution as read be adopted, and upon -T-311 ca
there were:
AYES: NAYS: ABSENT:
Balmer x _
deProsse x
Erdahl x
Neuhauser x
Perret x
Roberts x _
Vevera x _
Passed and approved this 6th day off% . June 19 78
Mayor
Attest:
-
City Clerk
RICROfILid@ BY
JORM MICR6LA6
UJN¢ P,' ;1 P101%1::.
105-1
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINES, IUVIA
RESOLUTION NO. 78-207
RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
John M. Kellogg dba/A & V Pizza Villa, 5 S. Dubuque
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance of state law.
The City Clerk shall cause a recommendation for approval to
be endorsed upon the application and forward the same together
with the license fee, bond, and all other information or docu-
ments required to the Iowa Beer and Liquor Control Department.
It was moved by
Balmer and seconded by Roberts
that the Resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Erdahl x
Neuhauser x
Perret x
Roberts x
Vevera x
Passed and approved this 6th day of June
19 78
rt
Mayor
Attest:Clerk
I4ICR01 IWED BY
t
JoRM MICRbLAB
Ci.JU ibM ;;71. Uf. 6:0,815
/OSjf
MICROFILMED BY JORM MICROLAB
(N ,
CEDAR RAPIDS AND DES MOVILS, IOWA
RESOLUTION N0. 78-208
A RESOLUTION AUTHORIZING TIIE MAYOR TO SIGN
AND THE CITY CLERK TO CERTIFY AN AGRM' IENT
FOR THE ESTABLISIL\B Nr OF A SPECIAL PUBLIC
ROAD C0`h�MMON TO BE SLBNTTTED TO THE IOWA
DEPAFMIENT OF TRANSPORTATION.
{yHEREAS, the City Traffic Engineer has proposed certain changes
pertaining to access to Highway 6 from property currently zoned as
commercial and located between Keokuk Street and Broadway Street
south of highway 6, and,
WHEREAS, the City Council has considered such a proposal and finds
that such proposal is in the best interest of the City of Iowa City in
that such change would provide better vehicular access and would promote
an orderly commercial development in this tract of land, and,
WIIERMS, the City Council has authorized the City Traffic Engineer
to petition the Iowa Department of Transportation for such modification,
and,
;MEREAS, the Iava Department of Transportation requests that prior to
considering such proposal the City must formally submit a "Request For the
Establishment of a Special Public Road Connection," which is attached to
this Resolution and by this reference made a part hereof.
Np}y TIRE, BE IT SO RESOLVED BY TILE CITY COUNCIL OP THE CITY OF
IOWA CITY, IOWA, that,
The Mayor be authorized to sign and the City Clerk to certify the
i attached "Bequest For the Establishment of a Special Public Road Connection!'
deProsse Balmer
It was moved by end seconded by
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x _ '--deProsse
x Erdahl
—x
x Ferret
X—
X— —Roberts
x —_ Vevera
Passed and approved this 6th day of__ June
1978.
Robert A. vevera, 1,9ay01
Attest: lerk
Abbie Stolfus, City RECEIVED & APPROVED
BY TaLMJ, T.EY1�tTMFAT
1073
r
MICROFILMED BY
JORM MICR#LAB
LLOAR BAIT)!, ;,CS 10M1[S
1.11CROFILvILD BY JORM MICROLAB
CEDAR RAPIDS AND ULS MOINES, IOWA
» ase IOWA DEPARTMENT OF TRANSI'URT.{'ylO.i ,. I r/� 1- •� " t•Amex,---
Agreement for Revision of Aeaa
Parcel No. j�� Cnnnr. Johnson
;,�1
Project No. D.U.-D.P.-1052(5) Rout No. U.S. 6
THIS AGREEMENT, mule Aral entered into by and between the City of Iowa City and the Iowa Department
of Transportation
t},rp: esrnt ownrr of Ian adjacent to the above referenced highway, (hereafter referred to as the Owners). and the Iowa Department oTrans.
p,rttauun, acting for the Stara of Iowa, (hereafter referred to as the Department).
I. IUENTIFICATION
The Owners own land genefrlly loraied :n l,', Sec. (of lot) or Sec. for Blk.i and parts of 14 -t Sec. (lir let)
of Sec. (tar Blk.) m Twp.__, Rge. of (Sub. Div.
County of
In the City 00
State of Iowa: more particularly to which the State or Iowa has acquired
access rights bydeld(orcondenmatil,01rom_ Approval of this application voids Special Public Road
Connection #88 filed 4/17/64 Book 259
418 Johnson County Recorder Document No. 3546
tecunded in Bonk (Vol.)_l Page (Instrument No.) In the office of the L'ounty Recorder.
L. REQUESTED ACCESS REVISION location Special Public Road Connection
The said Owners now desire to charge the of the emaaeeo- NigAs x( -sneer) reserved at Ste.
205.19,1, south Special Pubic Foal (C'onnecjio� 198 + 64 south
side, to a oa ante rtg�It-li7-assess at . u. side, substitutingthe
tatter for the former,
a. AGREEMENT
The Department and the Owners agree that the said entrance (right of aecess)destred by said Owners specified above is substituted for
the entrance (right of access) formerly reserved, and In lieu thereof. In all other respects said deed (or condemnation) remains as before,
and the lights acquired thereby, with these charges only, remain In the State of Iowa, as against the said Owners, their heirs, assigns,
and successors In Interest..
Iwool[ [lid ph,.... Mrom. Ineludini se anowlwlaemenn lienor. shod be eonnrued a lar the eln[ulu or plural. Ind ee msesu It... feminme of neuter xewe,
.0tenswc to the eon Ull.)
i IOWA DEPARTMENT OF TRANSPORTATION I OWNERS
RECOMMENDED FOR APPROVAL Signed on this day of �. Ifl�•
(Type or wook rnm Bente, be lor synelure)
-__—.--n --- .._._'_.__._..____ .. _..
from the desks Iof the
CITY CLERK'S OFFICE
CA -
v �4J
Io�lS'//9
X
,'?6b cr'f fd.VeVera-
Mayor, City of Iowa City
OWNERS ACKNOWLEDGEMENT
STATE. OF IOWA: es
On this l�day ofAli
+�19 /10
before me, the undersigned, a Notary bide, I end ror�tho State of
love, personally appeared,—.�->�` `d , �h
to me known to be lho identical persons named In and who executed
the foregniq Instrument and acknowledged that they executed the
same ■o their voluntary act and deed.
Notary Public In Aral tor o,
Stale lit Iowa
Ian Per• a lot eddltlonel ()wool Aeknowledeemem. If none M. no,,,
I)IS1'HIIIIITION: Original • HOV (Inotrnmatinn files); Canary CMT • Dwrt,1: Pink Copy • Development Support; Illue Copy • <iRi
Pdglefty 0-ner. tlr,•en C••I'S' . al", um„• ronv • I'IIWA
141CROFIL14ED BY
JORM MICR+LA13
I4ICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINES, IOWA
RESOLUTION NO. 78-209
RESOLUTION ESTABLISHING REVISED HOURS OF OPERATION FOR THE MUNICIPAL PARKING LOT
WHEREAS, the City of Iowa City has established a Parking System composed of
Parking Meter Zones and Parking Lots; and,
WHEREAS, Ordinance Number 77-2835, adopted by the City Council on May 10, 1977,
provides that the hours of operation of parking lots shall be established by the
City Council by resolution; and,
WHEREAS, it is necessary to revise the hours of operation in order to more
effectively utilize the Municipal Parking Lot for short-term parking.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City
that the hours of operation for the Municipal Lot (located on Blocks 64 and 65 of the
Original Town, Iowa City, Iowa) shall be 8:00 a.m. to 5:00 p.m., Mondays through Sat-
urdays, holidays excepted.
It was moved by Balmer and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
X deProsse
X Erdahl
_ X Neuhauser
X Perrot
X Roberts
X Vevera
Passed and approved this 6th day of June 1978
Mayor
ATTEST
City Clery/
$RECEIVED & APPRC1,77
8B LEGAL DEPIJRT4L;NT
r• ��r+-141CROFILI•IED BY
/
JORNI MICRbLAB
Li,)4 2W1JI; JI ::'101NIS
/D 7Y
a
M LROFILMED BY JORM MICRDLAB
CEDAR RAPIDS AND UES MUINLS, IU'eJA
RESOLUTION N0, 78-210
ROACCEPT A PROPOSALTO PURCHASE AND AND NG TANDREDEVELOPHE CITY LPUBLISH INTENT NOTICE OF
CERTAINERK TO URBANRENEWAL PROPERTY
TO
WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered
into a contract for loan and grant with the United States of America; and,
WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract
an Urban Renewal Project known as the City -University Project I, Project Number
Iowa R-14; and,
WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds
pursuant to the Housing and Community Development Act of 1974; and,
WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24,
Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred
Community Development Block Grant funds to said Urban Renewal Project, and transferred
control of certain real property acquired in carrying out said Urban Renewal Project
to the Cit
from
he
Council
ting
LPA, by
Resolut onyCouncil
Number76-4461,ecity of Iowa dated DecemberC14,I 1976,tandCbyyResolutioncNumber+77-312,
dated August 9, 1977; and,
WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation
of Offers to Purchase Land for Private Redevelopment; and,
WHEREAS, Offers to Purchase Land for Private Redevelopment were received and
opened by the City of Iowa City on September 15, 1977;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and
Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City
Clerk is hereby authorized and directed to publish Notice of Intent to Accept
whichPro-
posal to Purchase and Redevelop Certain Urban Renewal Property, a copy
of notice is attached hereto and incorporated herein.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed
to place on file and maintain for public inspection the Resolution, Agreement, and
Proposal referenced in said notice. The Resolution and Agreement referenced in said
notice are attached hereto and hereby incorporated herein.
It was moved by
deProsse and seconded by Perret
that the Resolution as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x_
X _
X
-- x
x
x
x
Passed and approved this_
Balmer
deProsse
Erdahl
Neuhauser
Ferret
Roberts
Vevera
6th day of June
�� 0 Mayor
ATTEST: /' r K- / JZ,-
ity lqt
:d ICROFILMED BY
• JORM MICR+LAB
1978.
T1GCS'rM 6 APPROVED
8E MM L>n Z r•EPAPTI ''Nr
16 7S"
(•MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES 140111LS, IUviA
NOTICE OF SALE OF LAND
Notice is hereby given that the City of Iowa City,
Iowa, acting pursuant to Chapter 403 of the 1977
Code of Iowa, undertaking an Urban Renewal Project
(said project bounded by Washington Street on the
North, Linn Street on the East, Court Street on
the South, and an irregular boundary including the
Iowa River, Front Street, and Capitol Street on
the West, all in Iowa City, Iowa) intends to accept
a proposal and enter into a contract for sale of
land for private redevelopment for the following
described real property in said Urban Renewal Area
with the redeveloper identified below:
Parcel Number Redeveloper
103-3 and the parking Capitol States Associates
lot
A copy of the proposal submitted, the Redeveloper's
Statement for Public Disclosure which sets forth
the name of the redeveloper; the names of its
officers, principal members, and other parties
having an interest of ten percent or more; and a
copy of the Contract for Sale of Land for Private
Redevelopment have been filed in the Office of the
City Clerk, 410 East Washington Street, Iowa City,
Iowa. Said documents are available for public
examination from 8:00 a.m. until 5:00 p.m. Monday
through Friday.
Persons wishing to review the agreement prior to
the execution thereof and conveyance of a deed to
the above described redeveloper may do so until
July 10, 1978. Thereafter, the City Council of
Iowa City, Iowa, will consider execution of the
proposed agreement.
Dated this 7th day of June, 1978.
ABBIE STOLFUS
City Clerk
MICROFILM By
' JORM MICR+LAE
IC JA' PVl:)h
M
NICROFILMEO BY JORM MICROLAB
RISOLIT10N NO.
CEDAR RAPIDS AND UES MOINES, IOviA
RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY
WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered
into a contract for loan and grant with the United States of America; and,
WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract
an Urban Renewal Project known as the City -University Project I, Project Number
Iowa R-14; and,
WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds
pursuant to the (lousing and Community Development Act of 1974; and,
WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24,
Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred
Community Development Block Grant funds to said Urban Renewal Project, and transferred
control of certain real property acquired in carrying out said Urban Renewal Project
to the City Council of the City of Iowa City from the City Council acting as LPA, by
Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312,
dated August 9, 1977; and,
WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation
of Offers to Purchase Land for Private Redevelopment; and,
WHEREAS, Offers to Purchase Land for Private Redevelopment were received and
opened by the City of Iowa City, on September 15, 1977; and,
WHEREAS, the City Council of the City of Iowa City is now desircous of selling
disposition Parcel 103-3 and the parking lot to Capitol States Associates;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and
Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, the Mayor
and City Clerk are hereby authorized and directed to execute, on behalf of the City
of Iowa City, a contract for Sale of Land for Private Redevelopment by and between
CnInitol States Associates
and the City of Iowa City, Iowa, a copy of whtch contract to attached hereto and
incorporated herein, such land to be sold to Capitol States Associates _
Disposition Parcel 103-3 and tho parking lot, as more particularly described 4n
said contract. Upon execution o the contract by the City and Capitol States
Associates , the City Manager is authorized and directed to prepare a deed for
sai property and deliver the deed to Capitol States Associates
upon receipt of payment for said property.
It was moved by and seconded by
that the Resolution as read be adopted and upon roll call there were:
K- • R r M16ROMMEa By
DORM MICR4�LAB
CI:JM: P.AI
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, 10WA
Part I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
CAPITOL STATES ASSOCIATES
A JOINT VENTURE
and
The City of Iowa City, Iowa
IdI CROPILFICO 6Y
JORM MICR6LAB
CLOAH MPM'o • M, 1101IFS
MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOiNLS, IOWA
CONTRACT FOR
SALE OF LAND FOR PRIVATE Iil:DI:Vlil.OPMLN-1•
AGREEMENT, consisting of this Part I and Part 11 annexed hereto and
made a part hereof (which Part I and Part II are together hereinafter
day of
called "Agreement"), made on or as of the
, 19 by and between the City of Iowa
City, Iowa, a public body corporate (which, together with any successor
public body or officer hereafter designated by or pursuant to law, is
hereinafter called the "City"), established pursuant to the statutes of
the State of Iowa pertaining to Municipalities, Cities, Towns, and
particularly Chapter 403 of the Code of Iowa as amended (hereinafter
called "Urban Renewal Act") and having itsCof ice at States the Civiciatesc Centeraljoint
the City of Iowa City, State of Iowa, and Cap
ito
venture, organized and existing under the laws of the State of
Iowa (hereinafter called "Redeveloper") and having an office
for the transaction of business at 200 Plaza Centre One
ill the City of Iowa City County of 57nson and
State of Iowa WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act,
the City has undertaken a program for the clearance and reconstruction
or rehabilitation of slum and blighted areas in the City, and in this
connection is engaged in carrying out an urban renewal project (herein-
after called "Project") in an area (hereinafter called the "Project
Area") located in the City; and
WHEREAS, as of the date of this Agreement there has been prepared
and approved by the City an urban renewal plan for the Project, con-
sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu-
tion No. 2157, as amended from time to time and as it may hereafter be
further amended pursuant to law, and as so constituted, is unless other-
wise indicated by the context, hereinafter called "Urban Renewal Plan"),
and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the
date of the Agreement has been recorded among the land records for the
place in which the Project Area is situated, namely, in the Office of
the Johnson County Recorder in Book 490 at page 408, and has been filed
in the Office of the Clerk of the City located at the Civic Center in
the City; and
WHEREAS, in order to enable the City to achieve the objectives of
the Urban Renewal Plan and particularly to make the land in the Project
Area available for redevelopment by private enterprise for redevelopment
in accordance with the Urban Renewal Plan, both the Federal Government
and the City have undertaken to provide and have provided substantial
aid and assistance through a Contract for Loan and Capital Grant dated
September 2, 1970, in the case of the Federal Government; and
WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City
has offered to sell and the Redeveloper is willing to purchase certain
real property located in the Project Area and more particularly described
K• •Sf
ialcaorluaco By
DORM MICR(,iLAB
MILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MOINLS, IOWA
in Schedule A annexed hereto and m:ldr a part hereof (which property as
so described is hereinafter called "Property") and to redevelop the
Property for and in accordance with the uses specil'ied in the Urban
Renewal Plan and in accordance with the Agreement; and
WHERMS, the City believes that the redevelopment of the Property
pursuant to the Agreement, and the 1'ilfillmont generally of the Agree-
ment, are in the vital and hest interests of the City and the health,
safety, morals, and welfare of its residents, and in accord with the
public purposes and provisions of the applicable Federal, State, and
local laws and requirements under which the Project has been undertaken;
and
WHEREAS, the City has acquired title to certain property described
in Schedule A hereof:
NOW, THEREFORE, in consideration of the premises and the mutual
obligations of the parties hereto, each of them does hereby covenant and
agree with the other as follows:
SECTION 1. SALE: PURCHASE PRICE
Subject to all the terms, covenants, and conditions of the Agree-
ment, the City will sell the property described in Schedule A
hereof to the Redeveloper for, and the Redeveloper will purchase
the property from the City and pay therefore, the amounts set forth
in Schedule B hereof, subject to the terms and conditions of
Section 2 of this Agreement. The amounts set forth in Schedule B,
hereinafter called "Purchase Price," are to be paid in cash or by
certified check simultaneously with the delivery of the deeds
conveying the property to the Redeveloper.
SECTION 2. CONVEYANCE OF PROPERTY
(a) Form of Deed. The City shall convey to the Redeveloper title
to t e property by Special Warranty Deed (hereinafter called
"Deed"). Such conveyance and title shall, in addition to the
condition subsequently provided for in Section 704, Part II,
hereof, and to all other conditions, covenants, and restric-
tions set forth or referred to elsewhere in the Agreement, be
subject to:
(1) Such easements as it shall have been necessary, pursuant
to the Urban Renewal Plan, for the City to reserve, for
itself or for future dedication or grant, for sewers,
drains, water and gas distribution lines, electric,
telephone, and telegraph installations, rights-of-way and
access, or as described or referred to in "Schedule A,"
description of property, attached hereto and referenced
as a part hereof;
(2) All conditions, covenants and restrictions contained in
said Urban Renewal Plan and Part I and 11 of this Contract.
Y...�t(. I41CROf ILMED BY
JORM MICR+LA6
L DAr I:,:i »nl "1
mILROFILMED BY JORM MICROLAU CEDAR RAPIDS AND ULS MOINLS, 10Wk
(b) Time and Place for Deliver of Deeds. The City shall deliver
t e Dec and possession of the property to the Redeveloper
upon payment of the purchaec price in full upon such dates as
called For in this Agreement. Conveyance shall be made at the
principal office of the (:ity and the Redeveloper shall accept
such conveyance and pay to the City at such time and place the
purchase price in full for each parcel delivered.
(c) Recordation of Deeds. Tile Redeveloper shall promptly file the
Deeds for recordation among the land records of .Johnson County,
Iowa. The Redeveloper shall pay all costs (including the cost
of the State documentary stamp tax on the Deeds, for which
stamps in the proper amount shall be affixed to the Deeds by
the Redeveloper), for so recording said Deed.
(d) NRN�Mketable
act. The City will furnish to the Rede-
theclosing on each parcel, an abstract
marketable title in the City of Iowa
City, Iowa, free and clear of all taxes, assessments or other
encumbrances except as hereinbefore specified. The abstracts
of title shall be at City expense and will be certified by a
qualified abstracting company to the close of business as the
closest practical date prior to the date of the deed of con-
veyance. The cost of obtaining an attorney's examination of
the abstracts for title opinion and/or the cost of obtaining
title insurance, if required, shall be at the expense of the
Redeveloper.
(c) Delivery of Property. The city will deliver the property
described in Schedule A hereof at the time set forth in Schedule
C hereof. The Redeveloper agrees to pay for and accept title
of such property as called for in this Agreement and agrees to
begin development promptly on the property conveyed within the
time called for in this Agreement. Failure by the Redeveloper
to pay for and accept delivery of the urban renewal land as
called for herein will result in forfeiture of the deposits
posted with the City by the Redeveloper attributable to such
property, without limiting the City as to other remedies
against the Redeveloper. In the event the City is unable to
deliver the property as called for in Schedule C to the Rede-
veloper, the Redeveloper shall have the option of rescinding
the development contract only as to such parcels in default by
causing a written notice to be served upon the City of the
exercise of such option. Upon receipt by the City of this
notice, the City shall have sixty (60) days to cure the default
by tendering the property covered in the notice to the Rede-
veloper. If the City is unable to cure the default within the
sixty (60) days as provided herein, the Redeveloper shall, at
its option, stand relieved of its obligation to accept the
parcel or parcels involved and the City shall, in such event,
promptly refund that portion of the Redeveloper's deposit
attributable to such parcels to the Redeveloper, It is expressly
understood and agreed that the City shall have no other liability,
direct or indirect, to the Redeveloper on account of delay or
141CRaf ILMED BY
• JORM MICR#LAB
.., 101 0 ,
MILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DLS I-IDl19L IOWA
inability to deliver land to the Redeveloper as called for in
this Agreement and tlu Redeveloper's remedy in the event of
default by the City in delivery of urban renewal land is
hereby specifically limited to rescinding the contract as to
such land as provided in this paragraph.
(f) Default by Redeveloper. In the event the Redeveloper fails to
accept delivery of and pay for one or more parcels of property,
as called for in this Agreement, the City may, at its option,
call the entire Agreement, or the Agreement as it applies to
any part of the property, in default, serve a proper notice of
forfeiture upon the Redeveloper and terminate this Agreement
in its entirety except that forfeiture of this Agreement shall
not relieve the Redeveloper of the obligations imposed by this
Agreement as to property already delivered to the Redeveloper
nor effect the right of the redeveloper, its successors,
its assigns or lenders in and to property already delivered
to the Redeveloper.
SECTION 3. GOOD FAITH DEPOSIT
(a) Amount. The Redeveloper has, prior to or simultaneously with
the execution of the Agreement by the City, delivered to the
City a good faith deposit or a surety bond inthe
Pena amount
of $ 3,600
percent (10 ) of the purchase price), in which the City is the
obligee, issued by N/A a surety
company regularly engaged in t e issuance of such under
takings and on the list of surety companies approved by the
United States Treasury for at least such amount, or cash, or
t of
a certified check satisfactory to the City in the
rs�horein-
un
$3,600
after calle "Deposit," as security for the performance of the
obligations of the Redeveloper to be performed prior to the
return of the Deposit to the Redeveloper, or its retention by
the City as liquidated damages, or its application on account
of the Purchase Price, as the case may be, in accordance with
the Agreement.
The Deposit, if cash or certified check, shall be deposited in
an account of the City in a bank or trust company selected by
it.
(b) Interest. The City shall be under no obligation to pay or
earn interest on the Deposit, but if interest is payable
thereon such interest when received by the City shall be
promptly paid to the Redeveloper.
(c) !Mmcceds
Upon termination of the Agreement as
ns 703 and 704 of Part I1 hereof, the
of the Deposit, if not theretofore
tltis
returned to the Redeveloper pursuant to Paragraph (d)
of Section, including all interest payable to such Deposit or the
proceeds thereof after such termination, shall be retained by
the City Agency as provided in Sections 703 and 704 of Part II
hereof.
111CR01P ILMED BY
JORM MICR6LAB
miLROFIL4ED BY JORM MICROLAB
CEDAR RAPIDS AND UES MOINES, IUWA
(d) Return to Redeveloper. Upon termination of the Agreement as
provided in Section 702 of fart II hereof', the Deposit shall
he returned to the Redeveloper by the City as provided in
Section 702 of Part 11 hereof.
SECTION 4. TIME. FOR COMMENCEMENT AND COMPLE'T'ION OF IMPROVEMENTS
The construction of the Improvements called for in this Agreement
shall be commenced and completed in accordance with Schedule D
hereof (to be submitted by Developer with his proposal). Provided,
that if a mortgage securing money loaned to finance the Improve-
ments, or any part thereof, is insured by the Secretary of Housing
and Urban Development, then the aforesaid completion time shall not
apply, but instead the construction of the Improvements, or any
part thereof, shall be completed within the time specified in the
applicable Building Loan Agreement approved by the Secretary of
Housing and Urban Development.
SECTION 5. TIME FOR CERTAIN OTHER ACTIONS
(a) Time for Submission of Preliminary Design Plans. The Rede-
veloper shall submit Preliminary Design Plans as called for in
Section 301 of Part II of this Agreement as -seen -as -possible
after-the-Lime-far-eenveyanee-set-forth-in-6ehedule-C-heeeel'r
and-ahai} anbmit-sneh-pinny in no event later than 60 working
days after execution of this Agreement.
(b) Time for Submission of Construction Plans. The Redeveloper
shall submit construction plans as called for in Section 301
of Part II of this Agreement as soon as possible after approval
of the Preliminary Design Plans by the City Council, and in no
event, later than 150 days after approval of the Preliminary
Design Plans by the City Council.
(c) Time for Submission of Corrected Plans. In the event that
Preliminary Design Plans or Construction Plans are rejected by
the City, as set forth in Section 301 of Part II of this
Agreement. The Redeveloper shall submit corrected plans
within thirty (30) days of said rejection.
(d) If any hardship shall exist in complying with the foregoing
provisions of this Section, the Redeveloper may petition to
the City in writing for an extension of time for performance
of any part of this Section, setting forth in detail the
reasons for needing such extension.
SECTION 6. PERIOD OF DURA'T'ION OF COVENANT ON USE
The covenants pertaining to the use of the Property, set forth in
Paragraph (a) of Section 401 of Part 11 hereof, shall remain in
effect from the date of the Deed until October 2, 1994, the period
specified or referred to in the Urban Renewal Plan, and shall
automatically extend for five year periods thereafter, unless
changed by the City Council.
r... •� Y—MICROFILMID By
DORM MICR#LAB
CLDfU( iddl ;Ill,
'L . '101'd:S
MICROFILMED BY JORM MICROLAB
SECTION 7
CEDAR RAPIDS AND DES MOINES, IU4iA
NOTICES AND DEMANDS.
A notice, demand, or other communication under the Agreement by
either party to the other shall be sufficiently given or delivered
if it is dispatched by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally, and
(i) in the case of the Redeveloper, is addressed to or delivered
personally to the Redeveloper at
200 Plaza Centre One
Iowa City, Iowa 52240
AND
(ii) in the case of the City, is addressed to or delivered personally
to the:
City Manager
Civic Center
410 E. Washington St.
Iowa City, IA 52240
or at such other address with respect to either such party as that
j may, from time to time, designate in writing and forward to the
other as provided in this Section.
i
SECTION 8. COUNTERPARTS
The Agreement is executed in three (3) counterparts, each of which
shall constitute one and the same instruments.
IN WITNESS WHEREOF, the City has caused the Agreement to be duly
executed in its name and behalf by its Mayor and its seal to be hereunto
duly affixed and attested by its City Clerk, and the Redeveloper has
caused the Agreement to be duly executed in its name and behalf by its
President and its corporate seal to be hereunto duly affixed and attested
by its Secretary, on or as of the day first above written.
T I4ICROFILMED BY
JORM MICR+LAB
MICROFILMED BY JORM MICROLAB
City of Iowa City, Iowa
BY:
Mayor
CEDAR RAPIDS AND DES MOINES, 10'WA
A'I"PBS'I':
City Clerk
Redeveloper:
Capitol States Associates
BY: Old Capitol Associates:
BY: Old Capitol Business Center Company
(A Participant)
Dated:
Dated:
Hieron, Inc. (An Iowa Corporation)
Investments Incorporated (An Iowa Corporation)
Signature (Wilfreda Hieronymus)
Signature (Jay C. Oehler)
President
President
Title
Title
3322 Muscatine Avenue
200 Plaza Centre One
n Iowa City IA 52240
Iowa Cit , IA 52240
Address and Zip Code
Address and Zip Co e
BY: Meadow Link, Incorporated (A Participant)
Dated:
Meadow Link, Incorporated
(An Indiana Corporation)
i
Signature (Ivan Himmel)
President
Title
4415 {Vest Harrison Street
Hillside, IL 111G2
Address and Zip Code
BY: Midstates Development, Inc. (A Participant)
Dated:
Midstates Development, Inc.
(An Iowa Corporation)
Signature (John S. Holtze
President
Title
412 Pavonia Street
Sioux City, IA 51101
Address and Zip Co e
141CROFILMED BY
r
JORM MICR4�LAB
UDAI: RAI ;:l,, • 'A ', W)Mf !;
I.IILROFILME D BY JORM MICROLAB
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
CEDAR RAPIDS AND UES NOINES, IUWA
On this day of , A.D., 19 ,
before me, a Notary Public duly commissioned and qualified in and for said
County and State, personally appeared
Mayor of the City of Iowa City, Iowa, and
City Clerk of said City, each being to be personally known to be the identical
persons and officers named in the foregoing instrument, who executed the same under
and by virtue of the authority vested in them by the City Council of said City,
and each for himself acknowledged the execution thereof to be his voluntary act and
deed for purposes herein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at
Iowa City, Iowa, the day and year last above written.
Notary Public in and for
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON)
On this day of , A.D., 19
before me personally came and appeared Wilfreda Hieronymus, Jay C. Oehler, Ivan
Himmel, and John S. Holtze, to me known and known to me to be the persons who
executed the above instrument who being first duly sworn by me depose and state that
they are members of the firm of Old Capitol Associates and that they executed the
foregoing Agreement in the firm name of Old Capitol Associates and that they had
authority to sign the same, and they did acknowledge to me that they executed the
same as the act and deed to said firm of Old Capitol Associates for the uses and
purposes mentioned therein.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial
Seal the day and year last above written.
Notary Public in and for
:41CROFILI-ED BY
JORM MICR+LAB
UDAI: I:Af :11 - :li; Vt0I 9t5
IgICROFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND DES MOINES, IOWA
SCHEDULE A
LEGAL DESCRIPTION
All that certain parcel or parcels of land located in the City
of Iowa city, County of ,Johnson, state of Iowa, more particularly
described as follows, to wit:
All of Lot 5, Lot 6, and Lot 7, Block 103, Iowa City, Johnson
County, Iowa, according to the recorded plat thereof.
141CROFIL1410 BY
JORM MICR#LAB
CLAP. VAI D, •DES 1-001'115
� tdICROf ILt4ED 6Y ,•�
JORM MICR+LAB
CCOAR MU'. • IC- - "101115
MICROFILMED BY l
JORM MICR+LAB
CCDAR lUOT 5 - lLS I101IF$
MICRDI ILMED BY JORM MICROLAB
CEDAR RAPIDS AND DLS MUINL�), 1OWA
ARTICLE I. PREPARATION Of IIROPLRTY 1'014 RL'DLVELOPMENT
SECTION 101.DEMOLIIION AND SITL CLIARANCL. It is agreed that the
City VIiaT1 convey and the redev'vlop(!r shdll accept the property set
forth in Schedule A of this agreetient AS 15 dnd it is expressely
agreed that the City makes no warranty, express or implied, regarding
subsurface conditions and that the City shall have no liability for
any damages arising from subsurface conditions. It is further
agreed that any contracts or specifications for site demolition and
clearance which may have been examined by the redeveloper were
examined for information purposes only, and that the City shall
assume no liability for any defects or variance from the specifications
for work previously completed.
SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including
current taxes, if any, relating t�iuildings or other structures
demolished or to be demolished in accordance with Section 101
hereof shall be borne by, and all income or salvage received as
result of the demolition of such buildings or structures shall
belong to the City.
SECTION 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The
City, wit out expense to t e e eve oper or assessment or claim
against the property, shall cause the restriction of traffic and
construction of public improvements on existing street rights-of-
way, and the construction of parking structures as specifically set
forth in the Urban Renewal Plan. Provided, the City reserves the
right to make future modifications to the traffic circulation
system and to the public improvements when such changes are deemed
necessary and in the public interest, and further Provided in the
event that the City, after a good faith attempt to do so, is unable
to construct the parking structures due to an inability to issue
revenue bonds, the City shall be without liability to the developer
or the developer's assigns.
(a) Installation of Public Utilities - The installation or re-
location by the City or public utility company of such sewers,
drains, water and gas distribution lines, electric, telephone,
and telegraph lines and all other public utility lines,
installations, and facilities as are necessary to be installed
or relocated on or in connection with the Property by reason
of the redevelopment contemplated by the Urban Renewal Plan
and the development of the Property: Provided, that the City
shall not be responsible for, nor bear any portion of the cost
of, installing the necessary utility connections within the
boundaries of the Property between the Improvements to be
constructed on the Property by the Redeveloper and the water,
sanitary sewer, and storm drain mains or other public utility
lines owned by the City or by any public utility company
within or without such boundaries, or electric, gas, telephone,
or other public utility lines owned by any public utility
company within or without such boundaries, and the Redeveloper
shall secure any permits required for any such installation
without cost or expense to the City.
� I41 CItOrI L14f.D BY
DORM MICR4�LAB
I.1ICRDFILMED BY JORM 141CROLAB 0 CEDAR RAPIDS AND DES MIJINL�,, 10wN
SI:1:1'ION 104. W�IVI'R (ll' CLAUS AND JOINING IN PITITIONS BY NLIILVI:L01'I'h.
The }l' ''Ioliei he waives (d'. Lhr pur<:hascr of thr, Properly
under the Agreement and as the owner• atter the conveyance of the
Property provided for in the Agrecm(!nt) any and dll claims to
awards of damages, if any, to cougnmsate for the closing, vacation,
of any
restriction, change of restriction or changeof
nting or
street, alley, or other public right-of-way orfrofro to
abutting on, or adjacent to, the Property which, pursuantrade of
Section 103 hereof, is to be closed or vacated, or the g City
which is to be changed, and shall upon the
oruest of e proceeding
subscribe to, and join with, the City rade, and, to
required for such vacation, dedication, change of g
the extent necessary, rezoning,
and execute any waiver or other
document in resp
ARTICLE 11. RIGHTS OF ACCESS TO PROPERTY
SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for
itse f, t e City, and any pub is uti ity company, as may be appro-
priate, the unqualified right to enter upon the Property at all
reasonable times for the purpose of reconstructing, maintaining,
n the
repairing, or linesnd provideding the public tfortinstheceasementswit
�described
Property boundaryary
or referred to in Paragraph (a), Section 2 of Part I hereof.
T OVER
TY EASEMENTS.
he
SECTION
Redeoe operOshaLOPnotNOT
ConT nyC— b�a� 9 °r�oth tructureTor
improvement on, over, or within the boundary lines of any easement
for public utilities described or referred to in Paragraph vide
Section 2 of Part 1 hereof, unless such construction is thevC�td
for in such easement or has been approved in writing by y
Engineer, or the authorized representative of an affected public
utility.
the
SECTION 203. ACCESS TORe• conveyance
f
PROPERTY. the Citshallpermit
Property y to have
topresentwhich thevCityfholdsthe Rtitle,oatrall reasonablestimesto nforrther y
purpose of obtaining data and making various tests concerning the
Property necessary to carry out the toortheent .Redeveloperthe
con
Re-
veyance of the Property by the City
developer shall permit employees, agents or represent
City
ves of the
City access to the Property at all reasonable times for
itheur-
ec
ng, but not limited to, Ption
poses of the Agreement, includiie
of all work being
s. per
Nofcompensationormed in nshallnbe�payable
cnortshalloanyf
f
charge be made in any form by any party or the access provided for
in this Section.
11-2
MICROf ILI-000 BY
JORM MICR4�11_AB
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINLS, lUeiA
ARTICLE 111. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in
this Agreement the termpre fminary design plans" shall include a
site plan and preliminary plans for Improvements which clearly show
the size, location, and external appearance of any structures,
along with such other information as is necessary to fully deter-
mine the intentions of the redeveloper. The term "construction
plans" shall mean all plans, specifications, drawings, or other
information required to be submitted for issuance of any permit
called for by applicable codes and ordinance. The term "Improve-
ments", as used in this Agreement, shall be deemed to make reference
to any buildings, structures, renovations, or other improvements,
as provided for and specified in this Agreement, preliminary design
plans, and construction plans.
The Redeveloper shall, prior to the construction of the Improve-
ments called for in this Agreement, submit for approval by the City
Council preliminary design plans, and such other information as is
necessary for the City Council to fully determine the intentions of
the redeveloper. Such plans shall be submitted no later than the
time specified therefor in Paragraph (a), Section 5, of Part I
hereof. It is expressly understood that the preliminary design
plans shall be submitted to review by the City's Design Review
Committee. Approval of such preliminary design plans by the City
Council shall in no way relieve the redeveloper of the respon-
sibility for obtaining all required permits and otherwise fully
complying with all applicable state and local codes and ordinances.
Following approval of preliminary design plans by the City Council
the redeveloper shall submit construction plans and other informa-
tion necessary to obtain all permits required by applicable codes
and ordinances.
The preliminary design plans, as defined herein, shall in any
event, be deemed approved by the City Council unless rejection
thereof in writing shall be set forth by the City within forty (40)
days after the date of their receipt by the City Clerk. If the
City so rejects such preliminary design plans in whole or in part,
the Redeveloper shall submit new or corrected preliminary design
plans which correct the defect set forth in the rejection, within
the time specified therefor in Paragraph C, Section 5, of Part I
hereof. The provisions of this section relating to approval,
rejection, and resubmission of corrected preliminary design plans
herein above provided with respect to the original plans shall
continue to apply until the preliminary design plans have been
approved by the City Council.
All work with respect to the Improvements to be constructed or
provided by the redeveloper on the property shall be in conformity
with the preliminary design plans as approved by the City Council.
Construction plans called for herein shall be consistent with and
logical extensions of the preliminary design plans approved by the
City Council.
II -3
III CBO FI LIIED BY
1 JORM MICR16LAB
MICRUFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS MUINLS, 10WA
SECTION 30�. CHANGES 4N CONSTRUCTION PLANS. If the Redeveloper
(FOFes tc make any y ctfanges 1 t e preliminary design plans after
their approval by the City Council, the Redeveloper shall. submit
the proposed change to the City Council for its approval. Changes
in construction plans as defined herein, may be approved by the
Department of Housing and Inspection Services, provided that such
changes will not cause the Improvement to be constructed in a
manner not consistent with the preliminary design plans as approved
by Council.
SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS.
The Redeveloper agrees for itself, its successors and assigns, an
every successor in interest to the Property, or any part thereof,
and the Deed shall contain covenants on the part of the Redeveloper
for itself and such successors and assigns, that the Redeveloper,
and such successors and assigns, shall promptly begin and diligently
pursue to completion the redevelopment of the Property through the
construction of the Improvements thereon, and that such construction
shall in any event be begun within the period specified in Section
4 of Part I hereof and be completed within the period specified in
such Section 4. it is intended and agreed, and the Deed shall so
expressly provide, that such agreements and covenants shall be
covenants running with the land and that they shall, in any event,
and without regard to technical classification or designation,
legal or otherwise, and except only as otherwise specifically
provided in the Agreement itself, be, to the fullest extent permitted
by law and equity, binding for the benefit of the community and the
City and enforceable by the City against the Redeveloper and its
successors and assigns to or of the Property or any part thereof or
any interest therein.
SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property,
or any part thereof, to the Redeveloper, and until construction of
the Improvements has been completed, as set forth in Section 305
hereof, the Redeveloper shall make reports, set forth the status of
Improvements, construction schedule, and such other information as
may reasonably be requested by the City, as to the actual progress
of the Redeveloper with respect to such construction.
SECTION 305. CERTIFICATE OF COMPLETION.
(a) Within thirty (30) days after completion of the Improvements
in accordance with those provisions of the Agreement relating
solely to the obligations of the Redeveloper to construct the
Improvements (including the dates for beginning and completion
thereof), the City will furnish the Redeveloper with an appro-
priate instrument so certifying. Such certification by the
City shall be (and it shall be so provided in the Deed and in
the certification itself) a conclusive determination of satis-
faction and termination of the agreements and covenants in the
dates for the beginning and completion thereof: Provided,
II -4
t Y` MIMI ILMED BY
JORM MICR+L A13
MILRUFILMEU By JORM MICROLAB CEDAR RAPIDS AND ULS h10!NL!>, 104A
that ilthere is upon the Property o uWrtgaga insured, or held
or owned, by the Federal Hou-,inq Admini,Lration and the. I'ede nil
Housing Administration shall have determined that all buildings
constituting a part of the Improvrenents and covered by such
mortgage are, in fact, substantially Completed in accordance
with the plans and are ready for occupancy, then, in such
event, the City and the Redeveloper shall accept the deter-
mination of the Federal Housing Administration as to such
completion of the construction of the Improvements in accor-
dance with the plans, and, if the other agreements and covenants
in the Agreement obligating the Redeveloper in respect of the
construction and completion of the Improvements have been
ty shall forthwith issue its certifi-
fully satisfied, the Ci
A cation provided for in this Section. Such certification and
such determination shall not constitute evidence of compliance
with or satisfaction of any obligation of the Redeveloper to
anholder any insurer
, securing
money loaned ito finance etherImprovements, ooraanyrpart thereof.
(b) With respect to such individual parts or parcels of the Property
which, if so provided in Part I hereof, the Redeveloper may
convey or lease as the Improvements to be constructed thereon
are completed, the City will also, upon proper completion of
the Improvements relating to any such part or parcel, furnish
the Redeveloper with an appropriate instrument, certifying
that such Improvements relating to any such part or parcel
have been made in accordance with the provisions of the Agree-
ment. Such certification shall mean and provide (1) that any
party purchasing or leasing such individual part or parcel
pursuant to the authorization herein contained shall not
(because of such purchase or lease) incur any obligation with
respect to the construction of the Improvements relating to
such part or parcel or to any other part or parcel of the
Property; and (2) that neither the City nor any other party
shall thereafter have or be entitled to exercise with respect
to any such individual part or parcel so sold (or, in the case
of lease, with respect to the leasehold interest) any rights
or remedies or controls that it may otherwise have or be
entitled to exercise with respect to the construction of
Improvements as called for herein.
(c) Each certification provided for in this Section shall be in
such form as will enable it to be recorded in the proper
office for the recordation of deeds and other instruments
pertaining to the Property, including the Deed, if the City
shall refuse or fail to provide any certification in accor-
dance with the provisions of this Section, the City shall,
within thirty (30) days after written request by the Rede-
veloper, provide the Redeveloper with a written statement,
indicating in adequate detail in what respects the Redeveloper
has failed to complete the Improvements in accordance with the
provisions of the Agreement, or is otherwise in default, and
what measures or acts it will be necessary, in the opinion of
the City, for the Redeveloper to take or perform in order to
obtain such certification.
„ r
MICRorMILD By
JORM MOCR46LAS
141CROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES 14UINL5, IWUA
V
ART if,il IV. RISiItIC11ONS III'(IN US of Ih,..IRTY
SECTION 401. RISTRICTIONS ON USE the Redeveloper agrees for itself,
anTits successors and assigns, and every successor in interest to
the Property, or any part thereof, and the Deed shall contain
covenants on the part of the Redeveloper for itself, and such
successors and assigns, that the Redeveloper, and such successors
and assigns, shall:
(a) Devote the Property to, and only to and in accordance with,
the uses specified in the Urban Renewal Plan; and
(b) Not discriminate upon the basis of race, color, creed, religion,
age, disability, sex or national origin in the sale, lease, or
rental or in the use or occupancy of the Property or any
improvements erected or to be erected thereon, or any part
thereof.
(c) All advertising (including signs) for sale and/or rental of
the whole or any part of the Property shall include the legend,
"An Open Occupancy Building" in type or lettering of easily
legible size and design. The word "Project" or "Development"
may be substituted for the word "Building" where circumstances
require such substitution.
(d) Comply with the regulations issued by the Secretary of Housing
and Urban Development set forth in 37 F.R. 22732-3 and all
applicable rules and orders issued thereunder which prohibit
the use of lead-based paint in residential structures under-
going federally -assisted construction or rehabilitation and
require the elimination of lead-based paint hazards.
NTE
UN que. LIUMIM111J. uanu,., ^ - ---
U TI t is in en a an agree an t e ee s a so expressly
prov1Me, that the agreements and covenants provided in Section 401
hereof shall be covenants running with the land and that they
shall, in any event, and without regard to technical classification
or designation, legal or otherwise, and except only as otherwise
specifically provided in the Agreement, be binding, to the fullest
extent permitted by law and equity, for the benefit and in favor
of, and enforceable by, the City, its successors and assigns, any
successor in interest to the Property, or any part thereof, and the
United States (in the case of the covenant provided in subdivision
(b) of Section 401 hereof), against the Redeveloper, its successors
and assigns and every successor in interest to the Property, or any
part thereof or any interest therein, and any party in possession
or occupancy of the Property or any part thereof. it is further
intended and agreed that the agreement and covenant provided in
subdivision (a) of Section 401 hereof shall remain in effect for
the period of time, or until the date, specified or referred to in
Section 6 of Part I hereof (at which time such agreement and covenant
shall terminate) and that the agreements and covenants provided in
I1-6
MICROFIIidf.B BY
DORM MICR6LA9
f.. Moi%! 11
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOINL'J, IUAA
subdivision (b) of Section 401 hereof shall remain in effect
without limitation as to time: Provided, that such agreements and
covenants shall be binding on the Redeveloper itself, each successor
in interest to the Property, and every part thereof, and each party
in possession or occupancy, respectively, only for such period as
such successor or party shall have title to, or an interest in, or
possession or occupancy of, the Property or part thereof. The
terms "uses specified in the Urban Renewal Plan" and "land use"
referring to provisions of the Urban Renewal Plan, or similar
language, in the Agreement shall include the land and all building,
housing, and other requirements or restrictions of the Urban
Renewal Plan pertaining to such land.
SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica-
tion, and not in restriction of, the provisio o7 the preceding
Section, it is intended and agreed that the City and its successors
and assigns shall be deemed beneficiaries of the agreements and
covenants provided in Section 401 hereof, and the United States
shall be deemed a beneficiary of the covenant provided in sub-
division (b) of Section 401 hereof, both for and in their or its
own right and also for the purposes of protecting the interests of
the community and other parties, public or private, in whose favor
or for whose favor or for whose benefit such agreements and covenants
have been provided. Such agreement and covenants shall (and the
Deed shall so state) run in favor of the City and the United
States, for the entire period during which such agreements and
covenants shall be in force and effect, without regard to whether
the City or the United States has at any time been, remains, or in
an owner of any land or interest therein to or in favor of which
such agreements and covenants relate. The City shall have the
right, in the event of any breach of any such agreement or covenant,
and the United States shall have the right in the event of any
breach of the covenant provided in subdivision (b) of Section 401
hereof, to exercise all the rights and remedies, and to maintain
any actions or suits at law or in equity or other proper proceedings
to enforce the curing of such breach of agreement or covenant, to
which it or any other beneficiaries of such agreement or covenant
may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper
represents and agrees that its purchase of the Property, and its
other undertakings pursuant to the Agreement, are, and will be
used, for the purpose of the redevelopment of the Property and not
for speculation in land holding. The Redeveloper further recognizes
that, in view of
(a) the importance of the redevelopment of the Property to the
general welfare of the community;
(b) the substantial financing and other public aids that have been
made available by law and by the Federal and local Governments
for the purpose of making such redevelopment possible; and
(c) the fact that a transfer of the stock in the Redeveloper or of
a substantial part thereof, or any other act or transaction
Y•'-ke ..
I4ICROFILI4ED BY
• JORM MICR+LAB
LLJA! PAJ
,I '1O!'1!
MILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS MUINL�, IOWA
involving or resulting in a significant change in the owner-
ship or distribution of such stock or with respect to the
identity of the parties in control of the Redeveloper or the
degree thereof, is for practical purposes a transfer or
disposition of the Property then owned by the Redeveloper,
the qualifications and identity of the Redeveloper, and its stock-
holders, are of particular concern to the community and the City.
The Redeveloper further recognizes that it is because of the recog-
nition of such qualifications and identity that the City is entering
into the Agreement with the Redeveloper, and, in so doing, the City
is further willing to accept and rely on the obligations of the
Redeveloper for the faithful performance of all undertakings and
covenants in the Agreement.
502. PROHIBITION
REDEVELOPER. FoF the foregoing reasons, the Redeveloper agrees
or itself—, and all persons holding an interest therein, their
heirs, successors and assigns that there shall be no change or
transfer of ownership or control by any person or combination of
persons owning or controlling ten (10) percent or more interest in
the Redeveloper through sale, assignment, merger, increased,
capitalization or by any other means, without the express written
approval of the City. With respect to this provision, the Rede-
veloper and the parties signing the Agreement on behalf of the
Redeveloper represent that they have the authority of all persons
holding interest therein to agree to this provision on their behalf
and to bind them with respect thereto.
501. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF
EEMENT. so, or t eforegoing reasons tie Redeveloper represents
agrees for itself, and its successors and assigns, that:
(a) Except only
(1) by way of security for, and only for, (i) the purpose of
obtaining financing necessary to enable the Redeveloper
or any successor in interest to the Property, or any part
thereof, to perform its obligations with respect to
acquiring the property and making the Improvements under
the Agreement, and (ii) any other purpose authorized by
the Agreement, and
(2) aslto any individual parts or parcels of the Property on
which the Improvements to be constructed thereon have
been completed, and which, by the terms of the Agreement,
the Redeveloper is authorized to convey or lease as such
Improvements are completed,
the Redeveloper (except as so authorized) has not made or created,
and that it will not, prior to the proper completion of the Improve-
ments as certified by the City, make or create, or suffer to be
II -8
i
nICI10fIU-0fa 0Y
JORM MICR6LAB
t-00:':1.5
I4MOFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS MUINLS, IUVJA
made or created, any total or partial sale, assignment, conveyance,
or lease, or any trust or power, or transfer in any other mode or
form of or with respect to the Agreement or the Property, or any
part thereof or any interest therein, or any contract or agreement
to do any of the same, without the prior written approval of the
City: Provided, that prior to the issuance by the City of the
certificate provided by in Section 306 hereof as to completion of
construction of the Improvements, the Redeveloper may enter into
any agreement to sell, lease, or otherwise transfer, after the
issuance of such certificate, the Property or any part thereof or
interest therein, which agreement shall not provide for payment of
or on account of the purchase price or rent for the Property, or
the part thereof or the interest therein to be so transferred,
prior to the issuance of such certificate.
(b) The City shall be entitled to require, except as otherwise
provided in the Agreement, as conditions to any such approval
that:
Any proposed transferee shall have the qualifications and
financial responsibility, as determined by the City,
necessary and adequate to fulfill the obligations under-
taken in the Agreement by the Redeveloper (or, in the
event the transfer is of or relates to part of the
Property, such obligations to the extent that they relate
to such part).
(2) Any proposed transferee, by instrument in writing satis-
factory to the City and in form recordable among the land
records, shall, for itself and its successors and assigns,
and expressly for the benefit of the City, have expressly
assumed all of the obligations of the Redeveloper under
the Agreement and agreed to be subject to all the condi-
tions and restrictions to which the Redeveloper is sub-
ject (or, in the event the transfer is of or relates to
part of the Property, such obligations, conditions, and
restrictions to the extent that they relate to such
part): Provided, that any instrument or agreement which
purports to transfer any interest whatsoever caused by
this agreement without the express written approval of
the City, is null and void.
(3) There shall be submitted to the City for review all
instruments and other legal documents involved in effecting
transfer; and if approved by the City, its approval shall
be indicated to the Redeveloper in writing.
(4) The consideration payable for the transfer by the trans-
feree or on its behalf shall not exceed an amount repre-
senting the actual cost (including carrying charges) to
the Redeveloper of the Property (or allocable to the part
thereof or interest therein transferred) and the Improve-
ments, if any, theretofore made thereon by it; it being
the intent of this provision to preclude assignment of
the Agreement or transfer of the Property for profit
11-9
4 *. �MICRorILMEB BY
I
JORM MICR46LAB
MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MOINL:, 10WA
prior to the issuance of the certificate of completion as
set forth in Section 306 of this Aqreement. The City
shall be entitled to increase the Purchdse Price to the
Redeveloper by the amount that the runsideration payable
for the assignments or Lr,Insfer is in excess of the
amount that may be authorized pursuant to this sub-
division (4), and such consideration shall, to the extent
it is in excess of the amount so authorized, belong to
and forthwith be paid to the City.
(5) The Redeveloper and its transferee shall comply with such
other conditions as the City may find desirable in order
to achieve and safeguard the purposes of the Urban
Renewal Act and the Urban Renewal Plan.
Provided, that in the absence of specific written agreement by the
Citi y to the contrary, no such transfer or approval by the City
thereof shall be deemed to relieve the Redeveloper, or any other
party bound in any way by the Agreement or otherwise with respect
to the construction of the Improvements, from any of its obli-
gations with respect thereto.
SLCTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In
order to assist in t e e ectuation o t e purposes of t is rticle
V and the statutory objectives generally, the Redeveloper agrees
that during the period between execution of the Agreement and
completion of the Improvements as certified by the City,
(a) the Redeveloper will promptly notify the City of any and all
changes whatsoever in the ownership or control of interest,
legal or beneficial, or of any other act or transaction
involving or resulting inany change in the ownership of such
interest or in the relative distribution thereof, or with
respect to the identity of the parties in control of the
Redeveloper or the degree thereof, of which it or any of its
officers have been notified or otherwise have knowledge or
information; and
(b) the Redeveloper shall at such time or times as the City may
request, furnish the City with a complete statement, sub-
scribed and sworn to by the President or other executive
officer of the Redeveloper, setting forth all of the holders
of interest in the Redeveloper and the extent of their re-
spective holdings, and in the event any other parties have a
beneficial interest in such holdings their names and the
extent of such interest, all as determined or indicated by the
records of the Redeveloper, any specific inquiry made by any
such officer, of all parties who on the basis of all such
records own ten (10) percent or more of the interest in thr
Redeveloper, and by such other knowledge or information as
such officer shall have. Such lists, data, and information
shall in any event be furnished the City immediately prior to
the delivery of the Deed to the Redeveloper and as a condition
precedent thereto, and annually thereafter on the anniversary
of the date of the Deed until the issuance of a certificate of
completion of all the Property.
II -10
MICROf ILMED BY
JO RM MICR6LA13
MILROFILMED BY JORM MICROLAB
CEDAR RAPIUS AND UES MUINL�, IOWA
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 601. LIMITATION UPON ENCUt•18RANCE OF PROPERTY. Prior to the
comp etlon o t e mprovements, as cerLlTIUU UY the City, neither
the Redeveloper nor any successor in interest to the Property or
any part thereof shall engage in any financing or any other trans-
action creating any mortgage or other encumbrance or lien upon the
Property, whether by express agreement or operation of law, or
suffer any encumbrance or lien to be made on or attach to the
Property, except for the purposes of obtaining
(a) funds only to the extent necessary for making the Improve-
ments, and
(b) such additional funds, if any, in an amount not to exceed the
Purchase Price paid by the Redeveloper to the City.
The Redeveloper (or successor in interest) shall notify the City in
advance of any financing, secured by mortgage or other similar lien
instrument, it proposes to enter into with respect to the Property,
or any part thereof, and in any event it shall promptly notify the
City of any encumbrance or lien that has been created on or attached
to the Property, whether by voluntary act of the Redeveloper or
otherwise. For the purposes of such mortgage financing as may be
made pursuant to the Agreement, the Property may, at the option of
the Redeveloper (or successor in interest), be divided into several
parts or parcels, provided that such subdivision, in the opinion of
the City, is not inconsistent with the purposes of the Urban
Renewal plan and the Agreement and is approved in writing by the
city.
SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT.
(a) The following terms and provisions shall apply to loans and mort-
gages made in connection with the financing of the construction
of improvements upon the property subject to this agreement:
Notwithstanding any of the provisions of the Agreement,
h including but not limited to those which are or are intended
to be convenants running with the land, the holder of
any mortgage authorized by the Agreement (including any
such holder who obtains title to the Property or any
part thereof, but not including (1) any other party
who thereafter obtains title to the Property or such part
from or through such holder, or (2) any other purchaser
at foreclosure sale other than the holder of the mortgage
itself) shall in no wise be obligated by the provisions
of the Agreement to construct or complete the Improvements
or to guarantee such construction or completion; nor shall
any covenant or any other provision in the Deed be
construed to so obligate such holder: Provided, that
1
MICROFILM By
DORM MICR4�LA9
Ct7Ali IVI"! . A.' '10"dS
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINLS, 10wA
nothing in this Section or any other Section or provision
of the Agreement shall be deemed or construed to permit
or authorize any such holder to devote the Property or
any part thereof to any uses, or to construct any
improvements thereon, other than those uses or improve-
ments provided or permitted in the Urban Renewal Plan
and in the Agreement.
(b) The following terms and conditions shall apply to loans given
and mortgages secured by unimproved land only:
Notwithstanding any of the provisions of the Agreement,
including but not limited to those which are or are intended
to be covenants running with the land, the holder of any
mortgage authorized by the Agreement (including any such
holder who obtains title to the Property or any part
thereof as a result of foreclosure proceedings, or action
in lieu thereof, including (1) any other party who there-
after obtains title to the Property or such part from
or through such holder, or (2) any other purchaser at
foreclosure sale other than the holder of the mortgage
itself) shall in no wise be obligated by the provisions
of the Agreement to construct or complete the Improve-
ments or to guarantee such construction or completion;
nor shall any covenant or any other provision in the
Deed be construed to so obligate such holder: Provided,
that nothing in this Section or any other Section
provision of the Agreement shall be deemed or construed
to permit or authorize any such holder to devote the
Property or any part thereof to any uses, or to construct
any improvements thereon, other than those uses or improve-
ments provided or permitted in the Urban Renewal Plan
and approved by the City. The City Council of Iowa City
shall have the right to refuse approval of any building
plans, uses and improvements deemed by it, in its
discretion, to be inconsistent with the Urban Renewal
Plan, Urban Renewal objectives, or public policy.
MICROFILMID 6Y
JORM MICR�LAB
M102 HU -ILD BY JORM MICROLAB
CEDAR RAPIDS AND ULS 1•I0llfr_3, :UVJA
SECTION 603. COPY OF NOTICE OF DFFAIILT TO MORTGAGEE. Whenever the City
sFialTrlpMer any notice or iI i,ufd to'tlie Redeveloper with respect
to any breach or default by the Redeveloper In its obligations or
covenants under the Agreement, the City shall at the same time
forward a copy of such notice or demand to each holder of any
mortgage authorized by the Agreement at the last address of such
holder shown in the records of the City.
SECTION 604. MORTGAGEE'S OPTION TOCURE DEFAULTS. After any breach or
default re erre o n ection ereo , each such holder shall
(insofar as the rights of the City are concerned) have the right,
at its option, to cure or remedy such breach or default (or such
breach or default to the extent that it relates to the part of the
Property covered by its mortgage) and to add the cost thereof to
the mortgage debt and the lien of its mortgage: Provided, that if
the breach or default is with respect to construction - the
Improvements, nothing contained in this Section or any other
Section of the Agreement shall be deemed to permit or authorize
such holder, either before or after foreclosure or action in lieu
thereof, to undertake or continue the construction or completion of
the Improvements (beyond the extent necessary to conserve or protect
Improvements or construction already made) without first having
expressly assumed the obligation to the City, by written agreement
satisfactory to the City, to complete, in the manner provided in
the Agreement, the Improvements on the Property or the part thereof
to which the lien or title of such holder relates. Any such holder
who shall properly complete the Improvements relating to the
Property or applicable part thereof shall be entitled, upon written
request made to the City, to a certification or certifications by
the City to such effect in the manner provided in Section 305 of
the Agreement, and any such certification shall, if so requested by
such holder mean and provide that any remedies or rights with
respect to recapture of or reversion or revesting of title to the
Property that the City shall have or be entitled to because of
failure of the Redeveloper or any successor in interest to the
Property, or any part thereof, to cure or remedy any default with
respect to the construction of the Improvements on other parts or
parcels of the Property, or became of any other default in or
breach of the Agreement by the Redeveloper or such successor, shall
not apply to the part or parcel of the Property to which such
certification relates.
ION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASt NRUrtKIT.
In any case, Where, su sequent to default or breach by the e e-
veloper (or successor in interest) under the Agreement, the holder
of any mortgage on the Property or part thereof
(a) has, but does not exercise, the option to construct or complete
the Improvements relating to the Property or part thereof
covered by its mortgage or to which it has obtained title, and
such failure continues for a period of sixty (60) days after
the holder has been notified or informed of the default or
breach; or
II -12
141CROf ILMEO BY
JORM MICR�LAB
It. M!"!a
MILROFILHEU BY JORM 141CROLAB CEDAR RAPIDS AND UES MUII'!U, :04iA
(b) undertakes construction or completion of the Improvements but
does not complete such ca�dtsuchion holderwithin
(which period shall in
agreed upon by the City
any event be at least as long as the period prescribed for
such construction or completion in the Agreement), and such
havveCb`Ynscou�eoddwoithin sixty (60) days after
default shall not
written demand by the
the City shall (and every mortgage instrument made prior to comple-
tion
tion of the Improvements with respect to the Property y
Re-
developer or. �ncctoosthe�holderrthe amountsofptheimortgage debt and
option of provde) have the
ay 9
securing an assignment of the mortgage and thou dabf thereof)hasthereby,
or, in the event ownership ay ofhforecllosure(or action in lieu
b vested in such holder by Y tion, to a conveyance
thereof, the City shall been
thereofa(astthepcase may be) upon
to it of the Property P
payment to such holder of an amount equal to the sum of: (i the
mortgage debt atthe
time
ed f foreclosureuding thosetresultingion in efromereof
or ac
(less all appropriateapplication of rentals and other income received
collection and app �� all expenses with respect to
„ during foreclosure proceedings); (ii) exclusive of general
the foreclosure; (iii) the net expense, if anytheOf
overhead), incurred by such holder in and as the costs ofs
Property; (iv) ult any Improve -
subsequent management of the
ments made by such holder; and (v) an a aggregateVofesuch amounts
interest that would have accrued on the aggregate had all such amounts become part of the mortgage debt and such debt
had continued in existence.
SECTION 606. CITY'S OPTION TO CURE MORTGAGET. Iin the mprovementstbyf a
efau t or reac Prior to t e comp of its
the Redeveloper, or any successor in interest, are orother
obligations under, and to the holder of, any 9 9
instrument creating an encumbrance or lien upon the Property or
part thereof, the City may at its option cure sbrecuch default or
ity shall
andawlithoutwlimitation uponCany other rientitled,
e
hich cases the ghtsorrremedies which
it shall be entitled by the Agreement, operation of law, or other-
wise, to reimbursement from the RedevetheeCity cessor inr or
ccuring suchnterest
of all costs and expenses incurred by or the part
default or breach and to alien upon the Property
thereof to which the mortgage, encumbrance, or lien relates) for
such reimbursement: Provided, that alfing antenucontemplatedch lien � be e
becauseOf
always to the lien of inc u any then existing mortgages on the
advances yet to be made, by)
Property authorized by the Agreement.
SECTION 607. MORTGAGEANDHaOLDER. For
ignclude athe
eepurpod of ses
oforthe
Agreement:
g other instrument
The term "mortgag
creating an encumbrance or lien , or any par
thereof, as security for a loan. The term
of�any oble
upon the Propertygation
a mortgage shall include any insurer or guarantorr
;atceorwaen or
JORM MICR6LAB
f-!I;ROFILMEU BY JORM 141CROLAB CEDAR RAPIDS AND ULS NUINLS, IOwti
or condition secured by such mortgage or deed of trust, including,
but not limited to, the Federal Housing Commissioner, the Admin-
istrator of Veterans Affairs, and any successor in office of either
such official.
ARTICLE VII. REMEDIES
SECTION 701. IN GENERAL. Except as otherwise provided in the Agree-
ment, 1n the event of any default in or breach of the Agreement, or
any of its terms or conditions, by either party
art hereto, or
ruany
successor to such party, such party
pon
written notice from the other, proceed immediately to cure or
remedy such default or breach, and, in any event, within sixty (60)
days after receipt of such notice. In case such action is not
taken or not diligently pursued, or the default or breach shall not
be cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in
its opinion to cure proceedingsdy stohcompellt or specificaperformancenby
but not limited to, proceedings
the party in default or breach of its obligations.
t.. ,nl TCDMTNCTTnN RY REDEVELOPER PR
EYANCE. In the
event t at t e City does not tenaer conveyul�a U �e Property, or
possession thereof, in the manner and condition, and by the date,
provided in this Agreement, and any such failure shall not be cured
within sixty (60) days after the date of written demand by the
Redeveloper, and the City is unable to demonstrate, to the rea-
sonable satisfaction of the Redeveloper that the defects, cloud, or
other deficiencies in or on title involved, or the part of the
property to which it relates, is of such nature that the Rede-
veloper will not be hampered or delayed in the construction of the
improvements by taking title and possession subject to such defects,
the City will refund to the Developer any good faith deposit tendered
by the Redeveloper for such property or the portion of said good
faith deposit reasonable allocable to the portion of the prop
not conveyed and this agreement with respect to the property not
conveyed shall be terminated,rop vided, it is hereby expressly
agreed that in the event this agreement is terminated pursuant to
this Section each party to this agreement shall be solely responsible
for all expenses incurred or obligated by it and shall have no
1 claim against the other party.
SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event
that prior to conveyance of the Property ora portion thereof to the
Redeveloper, the Redeveloper is in violation of Section 502 of Part
11 of this Agreement or the Redeveloper does not pay the Purchase
Price and take title to the Property or a portion thereof upon
tender of conveyance by the City pursuant to this Agreement, or the
Redeveloper fails to cure any default or failure within sixty (60) d
from the date of written demand by the City, then this Agreement,
and any rights of the Redeveloper, or any assignee or transferee,
in this Agreement, or arising therefrom with respect to the City or
the Property, or a portion thereof, shall, at the option of the
City, be terminated by the City, in which event, as provided in or tion
Paragraph C, Section 3 of Part 1 hereof, the Deposit or any p
Y _, I41CRarILMED 6Y
jORM MICRd1LAB
L IID;IiE
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS MUINLJ
IOWA
thereof may be retained by the City as liquidated damages and as
its property without any deduction, offset, or recoupment whatsoever,
and neither the Redeveloper (or assignee or transferee) nor the
City shall have any further rights against or liability under this
Agreement to the other in respect to the property or part thereof
for which the deposit has been retained.
SECTION704. REVESI1Nu ILILG ,, the Property or any
In t e event that subsequent to conveyance of
part thereof to the Redeveloper and prior to completion of the
Improvements as certified by the City
(a) the Redeveloper does not submit plans as required by the
Agreement in satisfactory form and in the manner and by the
dates respectively provided in this Agreement; or
(b) the Redeveloper (or successor in interest) shall default in or
violate its obligations with respect to the construction of
the Improvements (including the nature and the dates of for
the beginning and completion thereof), or shall abandon or
substantially suspend construction work, and any such default,
violation, abandonment, or suspension daynots ended, or remedied within ninety (90) Ysshall after
demand by the City; or
t) shall
l to pay
(c) the eevelper (r realRestateotaxesoOrsassessments onuccessor in tthe sProperty orlany part
thereof when due, or shall place thereon any encumbrance or
lien unauthorized by the Agreement, or
rishall suffemechanr any levy
or attachment to be made, or any
lien, or any other unauthorized encumbrance or lien to atttacen paid, orh,
and such taxes or assessments shall not have bsatis-
encumbrance or lien removed or discharged or provision
factory to the City made for such payment, removal, or discharge,
within ninety (90) daysafter written demand by the City; or
(d) the Redeveloper violates the provision of Section 502 of Part
11 of this Agreement and such violation shall notbe cured the
within sixty (60) days after written demand by
the City toRedeveloper,
then the City shall have the right to re-enter and take possession
of the Property and all Improvements located Cherd by theon Deed tond to the
rmi
(and revest in the City) the property
Redeveloper, it being the intent of this provision, together with
other provisions of the Agreement, that the conveyance of the
Property to the Redeveloper shall be made upon, and that the Deed
shall contain, a condition subsequent to the effect that in the
event of any default, failure, violation, or otheraction
and n ction
by the Redeveloper specified in subdivisions (a), (
of this Section 704, failure on the part of the Redeveloper to
remedy, end, or abrogate such default, failure, violation, or other
action or inaction, within the period and in the manner stated in
such subdivisions, the City at its option may declare a termination
in favor oin and to thehPropertye Citfconveyedthe lby the DeedltottherRedevel pernandests
K.._.q'r MICROFILMED BY
DORM MIC RbL A B
UJAP RJd I
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINLS
i DWA
Improvements constructed thereon, and that such title and all
rights and interests of the Redeveloper, and any assigns or suc-
cessors in interest to and in the Property and any Improvements
constructed thereon, shall revert to the City: Provided, that such
condition subsequent and any revesting of title as a result thereof
in the City
(I) .hall always be subject to and Ihid Led by, and shall not
defeat, render invalid, or limit in any way, (i) the lien of
any mortgage authorized by the Agreement, and (ii) any rights
or interests provided in the Agreement for the protection of
the holders of such mortgages; and
(2) shall not apply to individual parts or parcels of the Property
(or, in the case of parts or parcels leased, the leasehold
interest) on which the Improvements to be constructed thereon
have been completed in accordance with the Agreement and for
which a certificate of completion is issued therefor as
provided in Section 305 hereof.
(3) shall not apply to any individual parts or parcels of the Property
which have been previously conveyed to the Redeveloper and on
which the Redeveloper is not in default. In addition to and
without in any way limiting the City's right to re-entry as
provided for in this Section, the City shall have the right to
retain the Deposit or any portion thereof, as provided in
Paragraph C, Section 3 of Part i hereof, without any deduction,
offset or recoupment whatsoever, in the event of a default,
violation or failure of the Redeveloper as specified in this
Section.
ION 705 RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS.
Upon the revesting in the City of title to the Property and any
Improvements thereon, or any part thereof as provided in Section
704, the City shall, pursuant to its responsibilities under State
law, use its best efforts to resell the Property or part thereof
(subject to such mortgage liens and leasehold interests as in
Section 704 set forth and provided) as soon and in such manner as
the City shall find feasible and consistent with the objective of
making or completing the Improvements or such other improvements in
their stead as shall be satisfactory to the City and in accordance
with the uses specified for such Property or part thereof in the
Urban Renewal Plan. Upon such resale of the Property, the proceeds
thereof shall be applied:
(a) First, to reimburse the City, on its own behalf, for all costs
and expenses incurred by the City, including but not limited
to salaries of personnel, in connection with the recapture,
management, and resale of the Property or part thereof (but
less any income derived by the City from the Property or part
thereof in connection with such management); all taxes,
assessments, and water and sewer charges with respect to the
Property or part thereof (or, in the event the Property is
exempt from taxation or assessment or such charges during the
period of ownership thereof by the City, the amount, if paid,
equal to such taxes, assessments, or charges (as determined by
the City assessing official) as would have been payable if the
Property or part thereof at the time of revesting of title
awl
( iaunonuato BY
JORM MICR+LAB
MILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DLS MUIhLS, 10WA
thereto in the City or to tiischarrle or prevP.nt from attaching
or heinq made any subsP.gurnt vncumbrancns ur liens due to
the
obligations, daextendituresimade orriohligationstIncurred
withor transferees;; anyny
with respect to the making or completion or removal of the
Improvements or any part thereof on the Property or part
Redeveloperdand yits osuccessor orunts transferee; the City by the
and
sor or
(b) Second, p torse theamount equal tot(1)uthessum of thens-
puree, up it for the Property (or allocable to
purchase price paid by
the part thereof) and the cash actually invested by it in
making any of the Improvements on the Property or past thereof,
unless (2) any gains or income withdrawn or made by
from
the Agreement or the Property.
Any balance remaining after such reimbursements shall be retained
by the City as its property.
ON 706. OTHER RIGHTS AND REtEDIoEj; Et ute suOc WactEonsYoDELAY.
proceed -
e tty s a ave t o rtg
ings as it may deem desirable for effectuating the purposes of this
Article VII, including also the right to execute and record or file
among the public land records in the office in which the Deed is
recorded a written declaration of the termination of all the right,
title, and interest of the arcelsRuponewhpich condstructeion ofrthat hpart of
individual parts or p
the Improvements required to be constructed thereon has been
completed, in accordance with the Agreement, and for which a certi-
ficate of completion as provided in Section 305 hereof is to be
delivered, and subject to such mortgage liens and leasehold interests
as provided in Section 704aherthe)revestingits eof title thereto ssors in tinnthe
assigns, in the Property, ay b the City in instituting or
prosecuttn9 —any suchtactionsany lor proceedings or otherwise asserting
its rights under this Article VII shall not operate as a waiver of
such rights or to deprive it of or limit such rights in any way (it
being the intent of this provision that the City should not be
constrained (so as to avoid the risk of being deprived of or
limited in the exercise of the remedy provided in this Section
because of concepts of waiver, laches, estoppel, or otherwise) to
exercise such remedy ata time when it may still hope otherwise to
resolve the problems created by the default involved); nor shall
any waiver in fact made by the City with respect to any specific
default by the Redeveloper under this Section be considered or
treated as a waiver of the rights of the City with respect to any
other defaults by the Redeveloper under this Section or with
respect to the particular default except to the extent specifically
waived in writing.
q� orf MICROFILIdf.O By
r
JORM MICR46LAB
UJAI: loa is: .i S '?0I'Ct
MILROPILMED BY JORN 141CROLAB CEDAR RAPIDS AND DES MOINLS, IJWA
SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF
-�P[RTY. STicTu at any t me pr -{or to the coiiveyasce o title to
any Property under this Agreement, the City of Iowa City, Iowa be
enjoined from such conveyance or prevented from so doing by any
order or decision or act of any judicial, legislative or executive
body having authority in the premises, the City at its option may
terminate this Agreement and any obligations incurred by either
party shall cease. In the event of such termination, the City
shall not be responsible for any damages, expenses or costs
incurred by the Redeveloper by reason of such termination. It is
further agreed and understood that the City shall have no liability
for failure to deliver title to such Property or any part thereof
to the Redeveloper after making a good faith attempt to do so.
SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF
PARTY. For the purposes of any of the provisions of the Agreement,
neither the City nor the Redeveloper, as the case may be, nor any
successor in interest, shall be considered in breach of, or default
in, its obligations with respect to this Agreement in the event of
enforced delay in the performance of such obligations due to unfore-
seeable causes beyond its control and without its fault or negligence,
including, but not restricted to, acts of God, acts of the public
enemy, acts of the other party, fires, floods, epidemics, quarantine
restrictions, strikes, and unusually severe weather or delays of
subcontractors due to such causes; it being the purpose and intent
of this provision that in the event of the occurrence of any such
enforced delay, the time or times for performance of the obligations
of the City or of the Redeveloper under this Agreement, as the case
may be, shall be extended for the period of the enforced delay as
determined by the City: Provided, That the party seeking the
benefit of the provisions of tris Section shall, within ten (10)
days after the beginning of any such enforced delay, have first
notified the other party thereof in writing, and of the cause or
causes thereof, and requested an extension for the period of the
enforced delay.
SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies
of the parties to the greement, whether provided by law or by the
Agreement, shall be cumulative, and the exercise by either party of
any one or more of such remedies shall not preclude the exercise by
it, at the same or different times, of any other such remedies for
the same default or breach or of any of its remedies for any other
default or breach by the other party. No waiver made by either
such party with respect to the performance, or manner or time
thereof, or any obligation of the other party or any condition to
its own obligation under the Agreement shall be considered a waiver
of any rights of the party making the waiver with respect to the
particular obligation of the other party or condition to its own
obligation beyond those expressly waived in writing and to the
extent thereof, or a waiver in any respect in regard to any other
rights of the party making the waiver or any other obligations of
the other party.
11-18
141CROFIL14ED BY
JORM MICRI LAB
"Al 'I'., A , :101%:E ;
MILROF ILMED BY JORM MICROLAB CEDAR RAPIDS AND UES 1401HLS, IOWA
SECTION 710. PARTY INPOSITION OF SURETY_ WITH RESPECT TO OBLIGATIONS.
nT_ edeveToper, _ for-TtseTf ardits wccessors end ass gn1 s and -for
all other persons who are or who shall become, whether by express
or implied assumption or otherwise, liable upon or subject to any
obligation or burden under the Agreement, hereby waives, to the
fullest extent permitted by law and equity, any and all claims or
defenses otherwise available on the ground of its (or their) being
or having become a person in the position of a surety, whether
real, personal, or otherwise or whether by agreement or operation
of law, including, without limitation on the generality of the
foregoing, any and all claims and defenses based upon extension of
time, indulgence, or modification of terms of contract,
ARTICLE Vill. MISCELLANEOUS
SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID-
UALLY LIABLE. No member, official, or employee of the City -shall
avell- 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. EgUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for
Te r a_n its successors an 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.
ii -19
MICROFILM BY
' JORM MICR+LAB
h1ILROFILMED BY DORM MICROLAB CEDAR RAPIDS AND ULS MUIIILS, 1U'1 tk
(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.
(e) The Redeveloper will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and
by the rules, regulations, and orders of the Secretary of
Labor or the Secretary of Housing and Urban Development pursuant
thereto, and will permit access to the Redeveloper's books,
records, and accounts by the City, the Secretary of Labor for
purposes in investigation to ascertain compliance with such
rules, regulations, and orders.
(f) In the event of the Redeveloper's noncompliance with the non-
discrimination clauses of this Section, or with any of the
said rules, regulations, or orders, the Agreement may be
canceled, terminated, or suspended in whole or in part and the
Redeveloper may be declared ineligible for further Government
contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246
of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The Redeveloper will include the provisions of Paragraphs (a)
through (g) of this Section in every contract or purchase
order, and will require the inclusion of these provisions in
every subcontract entered into by any of its contractors,
unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be
binding upon each such contractor, subcontractor, or vendor,
as the case may be. The Redeveloper will take such action
with respect to any construction contract, subcontract, or
purchase order as the City or the Department of Housing and
Urban Development may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided,
however, That in the event the Redeveloper becomes invoTveT
in, , or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the City or the Depart-
ment of Housing and Urban Development, the Redeveloper may
request the United States to enter into such litigation to
protect the interests of the United States.
li -20
" mCIOILaem BY
JORM MICR+LAB
E. anc.!i
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINES, IOWA
' SECTION 603. PROVISIONS NOT MERGED WITN DEED. None of the provisions
OT
t e greement are inten a to or s a 1 be merged by reason of
any deed transferring title to the Property from the City to the
Redeveloper or any successor in interest, and any such deed shall
not be deemed to affect or impair the provisions and covenants of
the Agreement.
SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several
parts, rt c es, an -Tec-- ions
o the
greement are inserted for
convenience of reference only and shall be disregarded in construing
or interpreting any of its provisions.
11-21
�41CROFILI-En BY '
1
JORM MICR+LAB
CLOAR RAID" • A" :'101'11'
I
i
1�I
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINES, IOWA
' SECTION 603. PROVISIONS NOT MERGED WITN DEED. None of the provisions
OT
t e greement are inten a to or s a 1 be merged by reason of
any deed transferring title to the Property from the City to the
Redeveloper or any successor in interest, and any such deed shall
not be deemed to affect or impair the provisions and covenants of
the Agreement.
SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several
parts, rt c es, an -Tec-- ions
o the
greement are inserted for
convenience of reference only and shall be disregarded in construing
or interpreting any of its provisions.
11-21
�41CROFILI-En BY '
1
JORM MICR+LAB
CLOAR RAID" • A" :'101'11'
E
MILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS 1401NLS, 10WA
1
RESOLUTION NO. 78-212
RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF
TRUSTEES AND THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-
CIO, TO BE EFFECTIVE JULY 1, 1978 THROUGH JUNE 30,
1980.
WHEREAS, the City of Iowa City, Iowa, (hereinafter the City) and the
Iowa City Library Board of Trustees and the American Federation of State,
County, and Municipal Employees, Local #183, AFL-CIO (hereinafter the
Union), through their designated bargaining representatives, have negotiated
a tentative collective bargaining agreement to be effective July 1, 1978,
through June 30, 1980, a copy of which Agreement is attached to this resolution
as "Exhibit A" and by this reference made a part hereof, and
WHEREAS, the Union has approved the Agreement by a vote of its membership,
and
WHEREAS, the City desires to approve the Agreement, finding that it
will promote efficient municipal operations, thereby providing residents of
the community with municipal services;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The above -referenced Agreement between the City and the Union is
hereby approved by the City.
2. The Mayor is hereby authorized and directed to sign, and the City
Clerk to attest, the Agreement.
It was moved by Perret and seconded by deProsse
that the Resolution as read beadopteg, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Balmer
x
deProsse
_
x Neuhauser
x
Perret
x
Vevera
x
Erdahl
x
Roberts
Passed and approved this 6th
GLG 'r�• Ott.
BBIE STOLFUS, CITY CgERF K
RECFIIVF,11 & LF17
B IIF; Una 1;FI�1.'td,N7
kVe 5- -7R
day of June , 1978,
ROBERT A. VEVERA, MAYOR
1 I4ICROFILMID BY
JORM MICR+LAO
C1S T µW ;!f, dl f. '4O I'1CS
/0 7 7
N
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINLS, IOWA
1
MICROFILM BY
JORM MICR¢L.AS
LE;IAR RAP.Ji., '101'1 f.0
TABLE OF CONTENTS
Page
PREAMBLE .
. . . . . . . . . .
2
3
ARTICLE
I -
RECOGNITION • • • • • • • • • • • •
• •
3
ARTICLE
II -
MANAGEMENT RIGHTS . . . . . . . . . . . . .
. .
4
ARTICLE
III
- NO STRIKE --NO LOCKOUT . . . . . . . . . .
. .
ARTICLE
IV -
BULLETIN BOARDS. . . . . . . . . . . •• •
• • 4
4
ARTICLE
V -
BUSINESS AGENTS . . . . . . . • . . • • • •
• •
5
ARTICLE
VI -
DUES CHECK OFF . . . . . . . . . . . . . .
. .
5
ARTICLE
VII
- HOURS OF WORK . . . . . . . . . . . . .
. . .
8
ARTICLE
VIII
- OVERTIME . . . . . . . . . . . . . . .
10
ARTICLE
IX -
HOLIDAYS . . . . . . . . . . . . . • ..
12
ARTICLE
X -
VACATIONS . . . . . . . . . . . . . . . .
. . .
12
ARTICLE
XI -
SICK LEAVE . . . . . . . . . . . . .
. . .
14
ARTICLE
XII
- SPECIAL LEAVES . . . . . . . . . . . . .
. . .
16
ARTICLE
XIII
- SENIORITY . . . . . . . . . . . . . ..
. . .
19
ARTICLE
XIV
- DISCIPLINE . . . . . . . . . . . . . . •
• • •
20
ARTICLE
XV -
INSURANCE . . . . . . . . . . . . . . . .
. . .
20
ARTICLE
XVI
- SAFETY. . . . . . . . . .
. . .
21
ARTICLE
XVII
- PERSONNEL TRANSACTIONS . . . . . . . .
. • •
21
ARTICLE
XVIII
- CLOTHING AND EQUIPMENT. . . . .
. . .
ARTICLE
XIX
- RECOVERY AND REHABILITATION PROGRAM . •
• . .22
ARTICLE
XX -
GRIEVANCE PROCEDURE. . . . . . . . . . .
. 24
ARTICLE
XXI
- PAY PLAN. . . . . . . . . . . . . .
ARTICLE
XXII
- AUTHORIZED REPRESENTATION, ENTIRE
26
AGREEMENT, AND WAIVER. . . . . . . . .
.
ARTICLE
XXIII
- GENERAL CONDITIONS. . . . . . . . . .
26
. 27
ARTICLE
XXIV
- DURATION OF AGREEMENT. . . . . . . . •
• 27
ARTICLE
XXV
- SAVINGS CLAUSE. . . . . . . . . . • • •
•
CLASSIFICATION
PLAN . . . . . . . . . . . . . • • • •
28
1
MICROFILM BY
JORM MICR¢L.AS
LE;IAR RAP.Ji., '101'1 f.0
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOINL,�, IUWA
AGREEMENT OF THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF
TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL H 183
PREAMBLE
This Agreement is executed by the CITY OF IOWA CITY, Iowa, and the
Iowa City Library Board of Trustees, and the Johnson County Area Public
Employees, AFSCME, Local p 183. Unless otherwise stated the word "City"
will refer to the City and to the Library Board and the employee organi-
zaticn will be called "Union". Throughout this Agreement members of the
bargaining unit are referred to as "employees".
It is the purpose of this Agreement to promote and ensure harmonious
cooperation and understanding between the City and the Union to ensure
collective bargaining under the laws of the State of Iowa, as well as
applicable ordinances of the City of Iowa City. It is the purpose of the
City and the Union to establish salaries and terms of employment consistent
with the availability of public funds and with the goals and purposes of
the City Charter. The City and the Union jointly pledge their cooperation
to work together in the public interest to provide improvement in the
effectiveness and efficiency of the services offered to the citizens of
Iowa City.
The parties agree to the following specific provisions:
F4
141CROFIL14ED BY
JORM MICR6LAB
CWN�iiA1':16 • I',
Mli,QfILMED BY DORM MICROLAB CEDAR RAPIDS AND ULS MUINLS, 10v.A
ARTICLE I
RECOGNITION
Section 1. The City of Iowa
County Area Public Employees, AFSCME,
bargaining agent for all City of Iowa
excluded in Section 3 of this Article
Order of Certification promulgated by
Board on February 2, 1976.
City, Iowa, recognizes the Johnson
Local 183, as the sole and exclusive
City employees except those specifically
This certification is based on an
the Iowa Public Employee Relations
Section 2. The Iowa City Library Board of Trustees recognizes the
Johnson County Area Public Employees, AFSCME, Local 183, as the sole and
exclusive bargaining agent for all Iowa City Public Library Employees
except those specifically excluded in Section 3 of this Article. This
certification is based on an Order of Certification promulgated by the Iowa
Public Employee Relations Board on February 9, 1976.
Section 3. Sworn police officers and firefighters as well as all
supervisory, confidential and temporary employees and others who are excluded
from the laws relating to collective bargaining in Chapter 20.of the 1975
Code of Iowa are excluded from the terms, conditions, or application of
this Agreement.
Section 4. The City agrees that it will not sponsor or promote,
financially or otherwise, any other group or labor organization, for the
purpose of undermining the Union; nor will it interfere with, restrain,
coerce, or discriminate against any of its employees in connection with
their membership in the Union.
ARTICLE II
MANAGEMENT RIGHTS
Section 1. Except as limited by the express provisions of this
Agreement, nothing herein shall be construed to restrict, limit, or impair
the right, powers, and authority of the City under the laws of the State of
Iowa and the City's ordinances. These rights, powers, and authority include,
but are not limited to the following:
a. To direct the work of its employees.
b. To develop, implement and enforce work rules, safety standards,
performance and productivity standards.
C. To hire, promote, transfer, assign, classify, schedule, and
retain employees within the operation of the City government
and to develop and maintain qualifications, standards and
procedures for employment, promotions, and transfers.
d. To discipline, suspend or discharge employees for just
cause.
e. To maintain the efficiency of the governmental operation and
to determine and maintain the nature, scope and definition
of City organization.
f. To relieve employees from duties because of lack of work,
lack of adequate public financing, or for other legitimate
reasons.
MICROEILMEB BY
JORM MICROLAB
i f W,!. i, -I ! i ii ''101'.! :
MILi(OF ILMLD BY JORM MICROLAB
CEDAR RAPIDS AND UES MO1NL�, IOWA
g. To determine the amounts, methods, and procedures for compensating
employees and the definition of, necessity for, allocation
of, and nature of overtime and the method of compensating
overtime.
h. To determine and implement the methods, means, tools, locations,
equipment, and assignment of personnel by which its operations
are to be conducted including but not limited to the right
to contract and subcontract work.
i. To take such actions as may be necessary to carry out its
mission.
j. To initiate, prepare, certify and administer its budget.
k. To exercise all powers and duties granted to it by law.
ARTICLE III
NO STRIKE --NO LOCKOUT
Section 1. No Strike. No employee covered by this Agreement
shall engage in any str� any City facility or at any location in the
City where City services are performed during the life and duration of this
Agreement. If any strike shall take place, the Union will immediately
notify employees engaging in such activities to cease and desist, and it
shall publicly declare that such activity is in violation of this Agreement
and is unauthorized. Employees in the bargaining unit, while acting in the
course of their employment, shall not refuse to cross any picket line
established by any labor organization when called upon to cross such picket
line in the line of duty. The City will make reasonable efforts to assure
employee safety in crossing picket lines. Any employee engaging in any
activity in violation of the Article shall be subject to immediate disciplinary
action including discharge by the City.
Section 2. No Lockout. The City agrees not to lock out employees
during the term of tis Agreement.
ARTICLE IV
BULLETIN BOARDS
Section 1. The City shall assign space as currently provided on
bulletin boards for the Union to post notices, a copy of which shall be
provided to the Human Relations Director. Notices shall not contain political
material, libelous material, or material which is injurious to the City or
to employees. Union notices will be limited to designated spaces.
ARTICLE V
BUSINESS AGENTS
Section 1. The Union shall have the right to designate agents, not
to exceed two (2) persons at any one time, who shall have access to City
facilities only during regular working hours, for the purpose of investigating
matters relating to the administration of this Agreement.
MICROFILMED
JORM MICR+LAB
BY
MiLROiILME D BY JORM MICROLAB CEDAR RAPIDS AND ULS MOINL5, 10YJA
Section 2. The Union shall notify the Human Relations Director after
making such designation. Any such investigation will be conducted so
,is to riot interfere with City business and any such agent will comply with
City safety, security and other regulations. Notice will be given to the
Department Director or designee when a business agent enters City property
or facilities.
City employees may not spend working time to meet with business
agents unless specifically permitted by another provision of this Agree-
ment.
ARTICLE VI
DUES CHECK OFF
Section 1. The City agrees to deduct Union membership fees and
dues once each month from the pay of those employees who individually
authorize in writing that such deductions be made. The Union will certify
the amount of dues to be deducted and the structure of the dues schedule in
a letter signed by the President and notarized. Authorization for check
off must be received by the 15th of the month in order to be withheld from
the first check of the next month.
Section 2. Dues will be deducted from the first pay check of each
calendar month and will be remitted, together with an itemized statement,
to the Union Treasurer within ten (10) days after the deductions have been
made.
Section 3. The City will not deduct dues beginning the first of
the calendar month after which an employee is no longer part of the bargaining
unit. An employee may voluntarily cancel or revoke authorization for check
off by delivery of written notice to the City and to the Union. Cancellations
received by the 15th of the month will become effective on the first of the
next month.
Section 4. The City will not be liable and will be held blameless
for damage arising by virtue of mistakes in connection with funds collected
under the provisions of this Article. The City will not be responsible for
payment of dues, special assessments or any other deduction upon an individual's
default.
ARTICLE VII
HOURS OF WORK
Section I. Definitions.
Tem
porary_Employees - Those who regularly work less than twenty (20) hours
perper wegess of length of employment; or those who work in a position
which is authorized for less than one (1) year.
Casual Employees - Persons employed for brief, irregular periods or those
who perfomm work on a periodic basis.
Seasonal Employees
permodi�r or
relate to phases of
Those who work in positions which relate to regular
climate conditions, or who work in positions which
the school year.
141CROI iLMIO BY
JORM MICR+LA9
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MILROFILMED BY JORM I.IICROLAB
CEDAR RAPIDS AND DLA MOINL;, 10'VIA
Permanent Em lovees - Persons who are appointed to authorized budgeted
positions an w o ave completed a probationary period upon initial employment
with the City.
Full -Time: Those who regularly work forty (40) hours per week.
Part -Time: Those who are assigned to work less than a forty (40)
hour week; generally the assignment will be based on
ten (10) hour -per -week increments.
Section 2. Regular Work Week
A. Definitions - A day will be defined as the time between 12:01 A.M. and
m1ani'Jit, twenty-four (24) hours later. A week will be defined as
the time betweshall Sunday and midnight Saturday. Holidays
and paid
B. Permanent full -Time - Five Day Operations - The regular work week for
on Monday and extend through
permanent full-time employees shall begin
Friday and shall consist of five (5) consecutive, eight (8) hour days.
C. Continuous Shift Operations - (Work is regularly scheduled 24 hours
per day, seven days per week.) The regular work week shall consist of
five (5) days of eight (8) consecutive hours for a total of forty (40)
defined asrthersiixth daythis and thetract secondhdayirst off isyoff in defined as the
any
week is
puposes of the
seventh day.
D Seven a
Toy
sratioconsisteofefiver(5)reightk(8)rhour daysfor
a total of forty (40) hours. For purposes of this contract the first
day off in any week is defined as the sixth day and the second day off
is defined as the seventh day. Employees whose schedules regularly
vary from this pattern will be covered by letter at the time the
variation is made. (Example -landfill employees.)
Section 3. Schedulin Regular work schedules will
bposted
on.
departmental bulletin oars within each division. Any permanent
e in
the regular work schedules for a division will be posted at least ten (10)
days in advance of the change.
To the greatest extent possible, temporary adjustments in the work
schedule of individuals will be posted at the beginning of the week. As
much notice as possible will be given in the case of emergencies, inclement
weather, or unexpected absences.
Section 4. Chan in the Re ular Hours of Work. The City will
notify the Union in a vance of permanent c anges in the regular work week
and will discuss such changes if requested.
Section 5. Temporary and Part -Time Employees
A. Permanent part-time employees shall be assigned a regular number of
hours per week for the purpose of determining the City's benefit
contribution. Benefits to permanent part-time employees will be
prorated on the number of hours to which the employee has been assigned
pursuant to Section 1 of this Article. occasionally the hours actually
(•' tr'
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JORM MICF46LAB
M71LROF1LMLD BY JORM 1.11CROLAB CEDAR RAPIDS AND DLS MUINL�, ;U+
worked will vary from the assigned number. No minimum amount of work
is guaranteed to part-time employees. Any employee whose hours actually
worked regularly exceed his/her assigned hours shall be reassigned
hours for the purpose of proration of benefits. An employee may
request a redetermination of his/her assigned hours or proration of
benefits through the grievance procedure. Nothing in this section
shall require a permanent part-time employee to regularly work more
than his/her assigned hours.
Tem orar Em to ewes. Temporary, seasonal, and casual employees are
not entit ed to sick leave, vacation, insurance benefits, seniority,
holidays, use of the grievance procedure, or any other benefits
provided under this agreement.
If an employee has worked as a temporary employee for six (6)
months, he/she may file a request with the Human Relations office for
permanent status. Provided that a permanent vacancy within classification
is available for which the employee is qualified, the temporary employee
may compete with other applicants for the vacancy on basis of seniority
accrued from the last date of hire. If no permanent opening is available,
the employee will be laid off immediately. The employee may elect to
continue on temporary status for the duration of the particular purpose
for which they were employed.
Special program employees include those funded by CETA, work study,
WIN, Revenue Sharing for youth programs contract, and similar employees.
Such employees shall be considered as temporary employees. However,
employees funded by CETA will receive benefits for which the City is
reimbursed and which are either agreed upon in writing at the time of
employment or at a later date.
Section 6. Rest Periods. Except for the transit employees, the
City will provide a f7fe—e—n-T7 minute rest period at two times during the
regular work day. The location and scheduling will be determined by the
immediate supervisor. The rest period will be scheduled at regular times
within the work day to accommodate staffing needs. Employee preferences
will be considered.
To the greatest extent possible, full-time transit employees whose
shifts begin before noon are entitled to take a thirty (30) minute paid
break during the middle of the work day from Monday through Friday during
periods when the "trippers" operate.
Section 7. Meal Periods. The City will provide an unpaid lunch
period of not less t an t rty 30) minutes each day to employees in five
day operations. Whenever possible, the lunch period will be scheduled at a
regular time in the work day. Meal periods will be scheduled to accommodate
the staffing needs of the department with consideration of the preference
of employees.
Section 8. Clean-up time. If the nature of work performed requires
it, employees will be allowed a minimum of five (5) minutes for personal
clean-up at the end of the work day.
Section 9. Inclement weather. Employees are expected to come to
work regardless of weather conditiony if they can possibly do so. Employees
who appear for work at the scheduled time will be compensated. Generally,
141CROf WILD BY
JORM MICR6LA6
MILRU�ILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�), IUWA
City operations will not be suspended, but may be rescheduled. If work is
to be rescheduled the immediate supervisor will have available information.
Employees who are unable to get to work or who leave work early
because of weather conditions may do one of the following:
a. Arrange to make up the work with the approval of the
immediate supervisor.
b. Charge the time missed to holiday, vacation, compensatory
time, or personal leave.
c. Take leave without pay for the time missed.
ARTICLE VIII
OVERTIME
Section 1. Overtime. Overtime is work performed by a permanent
full or part-time employee in excess of eight (8) hours per day or forty
(40) hours per week with the following exception: Employees regularly
scheduled to work more than eight (8) hours per day will receive overtime
for the time worked in excess of the regularly scheduled hours per day.
e.g., Landfill employees who work twelve (12) hours per day will
receive overtime for time spent in excess of twelve (12) hours
per day or forty (40) hours per week.
Prior authorization from the employee's supervisor is required before
overtime work will be credited. Employees may be periodically required to
work overtime but may request not to perform work because of physical
inability or serious personal need. Such requests to be excused from
performing overtime will not be unreasonably denied.
For permanent full-time employees, work performed on the sixth (6th)
or seventh (7th) day of the work week shall be considered overtime.
For permanent part-time employees all working time in excess of that
worked by permanent full-time employees will be considered overtime.
There will be no pyramiding of overtime:
e.g., If an employee is called back to work on Saturday he/she
may claim the overtime rate either for the minimal call-in OR the
sixth (6th) day premium, not for both sections.
Overtime will be compensated at the rate of one and one-half (1 1/2)
times the current base hourly rate of the employees or by compensatory time
off at the rate of one and one-half (1 1/2) hours for each hour of overtime
worked. Employee preference will determine whether overtime is paid or
time off given unless departmental staffing needs or financial considerations
require employees to be paid or given time off. The employee may request
reasons for the denial of the time off or pay.
Section 2. Overtime Equalization.
A. To the greatest extent possible, overtime shall be offered to employees
equally over a period of three (3) months, considering the type of
work, the qualifications and ability of the individual employee, the
employee's desire to perform the overtime service, and the employee's
seniority. The following procedure will generally be used:
mCROP ILMEn BY
JORM MICR6LAB
MILROFIL ED BY JORM NICROLAB CEDAR RAPIDS AND DLS HUINL: , iU+A
The employee with the necessary qualifications and abilities and
the least number of overtime hours in that classification will be
first offered such assignment. In the event that overtime hours
among employees in that classification are equal, seniority shall
prevail. In the event no qualified employee desires such work,
the City shall select the qualified employee with the least
credited overtime hours for such assignment and if there are two
or more employees with the same number of overtime hours, the
employee with the least seniority shall be thus assigned.
Employees who refuse overtime work on a particular job will be
charged the same number of hours as employees who actually do the
work. Any employee who may be periodically excused from overtime work for
physical disability or serious personal need shall carry an amount of
overtime equal to that of the employee with the highest number of hours.
When the need arises to work overtime to finish a job, the employees
who are performing the work may be offered the overtime first if the work
is to be completed. If an affected employee elects not to work overtime,
he/she will be expected to continue until a replacement is secured.
During emergency situations such as, but not limited to, excessive
snow, freezing rain, wind, rain or cold, employees in the affected di-
visions may be scheduled to work twelve (12) hours or more in any twenty-
four (24) hour period. Work in excess of twelve (12) hours will be as-
signed according to the equalization procedure.
The equalization procedure is inapplicable to regularly scheduled
overtime in transit.
B. The City shall maintain and post (at least monthly) in - public in the work
area, a list of classifications showing overtime hours worked by each
employee, and shall keep such list current with accumulated overtime being
credited forward. Overtime accumulation shall commence on January 1,
April 1, July 1, and October 1 of each year and shall be equalized quar-
terly.
Employees who are new to a division shall be credited with the highest
number of hours in their classification. Any deviation from the above
process shall be by letter between the City and the Union.
Section 3. Overtime Rest Period. If an employee is required to work at
least two (2) hours immediately after t e employee's normal work day, the City
will provide for one of the following:
a. A rest period of one-half hour immediately following the work
day, or
b. One additional half-hour of paid compensation at the overtime
rate.
This section does not apply if the employee is required to work less than
two (2) hours following the work day.
Section 4. Stand -B Time. Employees who are on stand-by time are
required to be at a p ace es gnated by them which has access to a phone
and from which they may reach the work area promptly. Employees on stand-
by will be compensated at a rate of six (6) hours at current base pay rate
for each week of stand-by time. A call device and vehicle will be furnished
MICRBrIu•¢n BY
JORM MICR6LAB
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41ILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOINLj, :UwA
to an employee on stand-by. Employees called to work shall be paid at the
regular call-in rate for each call in accordance with Section 6 Minimum
Call-in. in addition to stand-by pay.
Section S. R�,�ti, 1g. If an employee reports for work at
his/her regular time anyorj
plce but is sent home by the supervisor because
of an emergency because work cannot be performed, such employee shall be
paid a minimum of two (2) hours at his/her regular straight time pay. The
City will make every effort to allow the employee to make up the work at
straight time at a different time, where the nature of work permits.
Section 6. Minimum Call -In. An employee who has completed an
eight (8) hour workay ani d— wFo s called in to work in an emergency
situation without prior notice will be paid for a minimum of two (2)
hours. If the emergency call-in takes more than two (2) hours the employee
will be compensated for time spent. Minimum call-in will be paid at the
overtime rate. An employee who is called in prior to the regular start of
his/her working day will be compensated for a minimum of two (2) hours at
the overtime rate. In the event minimum call-in and regular working hours
overlap, straight time will be paid for the overlapping hours in addition
to the minimun call-in.
There shall be no pyramiding or duplicating of overtime pay. That is,
if an employee is called to work, he/she cannot collect for another two (2)
hours unless it has been two (2) hours since the last call.
Section 7. Professional 1m,12,!% No overtime will be paid or
credit given for overt mi a wore of profenal employees. Generally,
assignments will be based on an assumed forty (40) hour week for full time
professionals and on the assigned number of hours of part-time professionals.
Section B. Library Overtime. Permanent employees required to work
on Sundays at the Library will rete ve six (6) hours credit for each four
(4) hour shift worked.
Section 9. Calculation of Overtime. Overtime will be recorded on
the basis of six (6) minute segments, an an employee must work an entire
segment to be credited with one-tenth (1/10) hour for overtime.
Section 10. Pa mentof Overrtime. Payment of authorized overtime
will be on succeeding pay cTii'�cs
ARTICLE IX
HOLIDAYS
Section 1. The following days shall be paid holidays for permanent
employees: New Year's Day (January 1); Washinton's Birthday (third Monday
in February); Memorial Day (last Monday in May?; Independence Day (July 4);
Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving
Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas
Day (December 25); and one personal leave day.
In order to receive holiday credit, an employee must work the day
before and the day after a holiday or must make prior arrangements for
approved paid or unpaid leave.
Section 2. In addition, there shall be granted to permanent
employees who do not work a continuous shift, the day before or after
10
miuwrILRD BY
. JORM M1CR6LAB
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MICROFILMED BY JORM 141CROL4B CEDAR RAPIDS AND GLS MUINLJ, I'Jeh
Christmas, or the day before or after New Year's Day as an additional
holiday. The City Manager (or the Library Director for Library employees)
may direct that employees observe a particular day for this holiday but if
the Manager fails to make such designation by December 15 of the calendar
year in question, employees may select a particular day subject to the
approval of the supervisor. If the City Manager or Library Director does
not designate a day employees may choose a day between December 24 and
January 2.
Section 3. Permanent employees on a continous shift shall receive
eighty-eight (88) hours of holiday credit on July 1 annually. Any continuous
shift employee who begins work after July 1 of any calendar year will
receive credit for the remaining holiday dates in the year. If an employee
separates after July 1 of any year, those holidays which have been credited
but which have not as yet occurred will be deducted for the purpose of
considering separation pay.
e.g., Employee A receives credit for eighty-eight (88) hours of
holiday time on July 1. The employee terminates on November 1
and has not used any holiday hours. He would be paid sixteen
(16) hours o o day pay (Independence Day and Labor Day).
e.g., Employee B receives eighty-eight (88) hours of holiday
credit on July 1. Employee B terminates November 1 and has used
forty (40) holiday hours. Only two (2) holidays (Indepen ence
Day and Labor Day) have occurred prior to termination, therefore
twenty-four (24) hours (40 used less 16 occurring) would be
deducted from vacation pay or from the last week's wages.
For the purpose of this Article, a holiday for continuous shift employees
holiday andice continuesment for am periodsofbtwenty-four (24) hours thereains at 12:01 A.M. on the fter.
In of the
In the Police Department a holiday begins at 11:00 P.M. on the day preceding
the holiday and continues for twenty-four (24) hours thereafter.
When a holiday occurs on Sunday, the following Monday will be observed.
When a holiday falls on a Saturday, the preceding Friday will be observed.
Section 4. Part-time employees will receive holiday pay on a pro
rata basis.
Section 5. Eligible employees who are called in to work on a
holiday on which City operations are not open to the public will be paid at
a rate of one and one-half (1 1/2) times for the hours actually worked and
shall also receive regular holiday pay.
Section 6. Permanent full-time employees who are assigned to work
on holidays when City operations to which they are assigned are operating
or open to the public will receive eight (8) hours of holiday credit during
the pay period in which the holiday occurs. Holiday credit will be prorated
for part-time employees. This credit may be used after the holiday occurs
but must be taken before the next succeeding July 1. Generally this section
applies to library, transit, parks, recreation, and parking enforcement em-
ployees. Refuse employees will use this system when two holidays occur in
in the same week.
11
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• ;•uc¢nnuaEo BY
JORM MICR6LAB
hlluROFILMED BY DORM MICROLAB
CEDAR RAPIDS AND OLS MOINES, IOWA
Section 7. Holidays or personal leave days shall not be carried
beyond July 1 of any year.
Section 8. Definition. "Continuous shift employees" as used in
this article indicates t ose employees who work in twenty-four (24) hour
per day operations and who are subject to assignment on shifts beginning
between 3:00 P.M. anF7:59 A.M.
ARTICLE X
VACATIONS
Section 1. Accumulation. Vacations shall be earned by permanent
employees by month acco� n{ g to the following schedule:
Length of Service Days Per Pay Month
0-5 years
5 years 1 day - 10 years 1 1/4
10 years 1 day - 20 years 1 1/2
more than 20 years 1 3/4
Professional librarians shall accumulate vacation
at a rate of 22 days per year regardless of length
of service.
The maximum number of hours eligible for carry over after July 1 of any
year or for payment upon termination shalt be one hundred ninety-two (192)
hours (24 days).
Section 2. Use of Vacation. An employee becomes eligible to take
vacation after he/she as—h a—en on the payroll as a permanent employee for a
period of six (6) continuous months. Scheduling will be arranged with the
supervisor to accommodate staffing needs and employee preferences. Except
in the event of serious personal need by a less senior person, seniority
will prevail.
Section 3.-Payent of Accumulation. Upon resignation or retirement
after six (6) months of cont nuous service, a permanent employee is eligible
for payment of not more than 192 hours (24 days) of accumulated vacation
leave at the current base rate of pay.
ARTICLE XI
SICK LEAVE
Section 1. Accumulation. Employees shall be granted one day of sick
leave credit per mon-tFiand-MaPff have the right to accumulate unused sick leave
up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated
while an employee takes a leave of absence without pay, but any employee granted
a paid leave shall continue to earn sick leave. Accumulation of sick leave
shall commence on the date of first permanent employment. Additional sick leave
will not accrue while an employee is receiving worker's compensation.
12
MICROF ILMCO By
' JORM MICR46LA13
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MIL.RV ILMED BY DORM MICROLAB CEDAR RAPIDS AND DLS MUINLj, IUWA
Upon resignation or retirement, the City shall pay for one-half of
the accumulated sick leave on the basis of a permanent employee's current
hourly base salary. An employee must have been employed by the City for
at least one year in order to be eligible for payment of accumulated
sick leave upon termination.
Section 2. Use of Sick Leave.
A day of accumulated sick leave shall be used for each day an
employee is sick and off work during a work week. A doctor's
statement regarding nature of illness and recovery therefrom
may be required if abuse is suspected. Sick leave may be used
on an hour -to -hour basis for doctor's appointments or other
health maintenance needs.
In addition to sickness of an employee, sick leave may be used
for:
(1) On-the-job injury.
(2) Serious illness or hospital confinement of a spouse or
child, or critical illness of the employee's mother,
father, mother-in-law, father-in-law, brother, sister, or
grandparents, as well as any other relatives or member of
the immediate household of the employee up to a maximum
of forty (40) hours per occurrence.
Section 3. Notification. An employee shall notify his/her
supervisor as soon as reasonably possible of any sickness or illness
which will cause him/her to miss work and unless such notification is
given within one (1) hour after the beginning of the work day, the
absence will not be charged to sick leave, but will be charged to other
accumulated leave or to leave of absence without pay. Unusual circumstances
will be evaluated and may result in charging the absence to sick leave.
An employee who becomes sick at work will notify his/her supervisor
before leaving the area.
Section 4. In the event an employee is injured or disabled on
the job requiring time away from work, no deductions shall be made from
the employee's accumulated sick leave or annual leave unless such
employee requires more than two (2) working days in which to recuperate
and return to work.
Section 5. Sick Leave Bank.
Permanent employees in the bargaining unit may draw from a
Sick Leave Bank beginning on October 1, 1976 if they have
exhausted their own sick leave accumulation and are seriously
ill. Hours of sick leave shall be contributed to the bank by
bargaining unit members who have reached the maximum accumulation
of sick leave (1440 hours or 180 days) at the rate of one day
per month.
Employees who use Sick Bank days will repay the bank at the
regular sick leave accrual schedule after returning to work.
Employees who do not return to work or who fail to accumulate
a sufficient amount of sick leave will pay back the Bank from
other accrued leave or in cash.
13
MUM f.M ILIdfiO DY
JORM MICRbLAB
,in!,!! _
P116WFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLS, IUWA
A joint City -Union committee will administer the use of Sick Bank
days by employees. The committee will be made up of one Union
representative, one City representative, and one person chosen by
the two representatives. The Bank Administration Committee will
determine when sick leave may be used, application procedures,
the length of time which any employee may borrow, the length of
the waiting period after exhaustion of sick leave before employees
may borrow time, length of service before an employee may borrow
time, amount of time before which days must be paid back, and
other criteria for using Bank days.
The Committee is charged with maintaining the integrity of
the Bank for serious or catastrophic illness of individuals in
the entire units and will develop policies to protect against
abuse by individuals.
d. The City will contribute thirty (30) days of sick leave to the
Bank October 1, 1976. No individual may use more than ten (10)
days during the term of this Agreement.
ARTICLE XII
SPECIAL LEAVES
Section 1. On the Job In'ur . Upon application the City may
grant a leave of absence w t pay in the event of an injury or illness of
an employee while at work provided the following conditions exits:
The injury or illness arises out of the course of City
employment, and
b. The City's medical advisor determines that time off from
work is required.
If the above provisions are applicable, leave with pay will be granted
during the remaining time on the work day when the injury occurs and for a
period of two (2) working days thereafter if authorized by the medical
advisor.
If the injured or disabled employee requires more than two (2) working
days in which to recuperate and return to work, any additional absence may
be charged to sick leave or, if sick leave is exhausted, to leave of absence
without pay. Employees may use accumulated sick leave or other accumulated
leaves to supplement worker's compensation benefits.
Section 2. Funerals. An employee will be granted up to three (3)
work days per incident w�tFho loss of compensation or accruals to attend
the funeral of his/her spouse, children, mother, father, stepparents,
sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle,
brother-in-law, sister-in-law, or permanent member of the immediate household.
If additional time is needed, an employee shall be permitted to use up to
three (3) work days of accumulated sick leave with the approval of the
supervisor.
Section 3. Leave of Absence W_ithoutPay. A leave of absence
without pay is a pre eterm 5 --ed amount of time off work, which has been
recommended by the Department Director and approved by the City Manager
ie
I4ICR01 ILI4ED By
JORM MICR+LAB
1•11l,ROFILMED BY JORM I.IICROLAB CEDAR RAPIDS AND UES MUINt5
or for library employees, by the Library Director. Generally, such
leave shall not exceed twelve (12) months. Upon termination of any such
leave of absence, the employee shall return to work in the same range
and step as when he/she left and will receive compensation on the same
basis as if he/she had continued to work at his/her regular position
without leave, provided that during that period if the nature of operations
has changed so that similar work does not exist or that an opening for
the employee no longer exists the employee will be offered vacancies in
related areas or vacancies for which the employee is otherwise qualified.
In the event an employee fails to return to work at the end of any
such leave or extension, he/she shall be deemed to have voluntarily
resigned or, if applicable, voluntarily retired on the last day of work
prior to such leave. During a leave of absence without pay, the employee:
a. Cannot pay retirement contributions if the leave exceeds one
month in duration.
b. Must pay group hospitalization premiums falling due during any
month the employee is not on the payroll if coverage is
desired.
C. Must pay premium for coverage under the group life insurance
plan if coverage is desired.
d. Shall not receive any other accruals or job benefits during
the period of absence.
e. Shall not acquire additional seniority during said leave
except in the case of temporary medical disability or as
otherwise specified by this Agreement.
f. Shall not earn sick, vacation, or other leave.
g. Must use all accumulated vacation to which he/she is entitled
prior to the time that the leave without pay commences.
The Department Director may waive the above conditions (a. through
g.) for leaves of absence not exceeding ten (10) working days.
Section 4. JuryDuty. Any employee summoned for jury duty
during the employee's regular work hours shall receive regular standard
time pay during any period of jury service. The City shall receive the
pay earned from such jury service. Compensation for travel expenses may
be retained by the employee. An employee who is summoned for jury duty
but is not selected to serve on the jury and is discharged with an hour
or more remaining in the work -day shall return to work.
Section 5. Witness Fees. An employee shall be granted leave
with pay when required to Be alsent from work for the purpose of testi-
fying in court in response to legal summons and the City shall receive
the witness fees up to the amount of compensation paid to the employee
by the City for days testified.
Section 6. Mil�itar, Leave. Employees called by any branch of
the Armed Forces of t e Uh nited States shall, when ordered to active
service, be entitled to a leave of absence for such period of time that
the member serves in such capacity and until discharged therefrom. The
City shall comply with applicable law in regard to military leave.
Employees subject to the foregoing shall, upon re -instatement to
City employment, retain their original employment date for the purpose
of determining seniority and eligibility for salary advancement just as
though such time spent in service of the United States has been spent in
regular employment with the City.
ILLI
,•. .,; .
iaicmnnuarn By
JORM MOCR46LAB
%!
MI LROFILME0 BY JORM MICROLAB
CEDAR RAPIDS AND DLS MO1NL�, 104h
Section 7. Voting time. An employee shall be permitted to
vote during the work day in any national, state, or local election if it
is not reasonably possible for him/her to vote during off hours.
ion 8.
shallSbetentitled topenancy aeave oLeave. senceAwiithoutnpayeifashetismdloee
isabled
as a result of pregnancy or related cause at the exhaustion of other
accumulated leaves. All employees requiring such leave shall notify the
Department Director prior to the anticipated date of birth and should be
able to substantiate their condition by a doctor's statement. Employees
may work during pregnancy if health permits.
Those granted leaves under this section shall present doctor's
statements as to pregnancy disability and recovery therefrom. Within
seven (7) days following birth, miscarriage, or abortion the employee
shall advise the City of the date by which she will return to work.
Unless the employee returns to work by such date, or any other date by
reason of extension granted by the City, the employee will be considered
to have voluntarily resigned or retired.
An employee who takes leave pursuant to this section shall return to
work as soon as she is medically able.
Section 9. Union Business Leave,
a. Any employee elected to office in the International American
Federation of State, County and Municipal Employees shall be
granted a leave of absence without pay for a period not to
exceed one year. Such leaves shall be granted to not more
than one City employee in Local 183 at any one time. An
employee desiring such leave shall give thirty (30) days
notice to the City.
b. Leave of absence without pay to attend and serve as a delegate
to conventions and training conferences relating to the Union
shall be granted to not more than three (3) City employees in
Local 183 in any one calendar year. Not more than five (5)
days may be taken by any one employee under this section.
Employees seeking such leave shall present certification in
writing of their selection by the Union to act as a repre-
sentative to a specified conference at least ten (10) working
days prior to the time they wish to be absent.
ARTICLE XIII
SENIORITY
Section 1. Seniority shall mean length of continuous service with
the City. It shall begin on the date of employment and become applicable
immediately following completion of a probationary period of not more
than six (6) months in a permanent position, unless extended in writing
due to unusual circumstances.
An employee will lose seniority rights upon resignation, discharge for
just cause, retirement, death, or layoff for more than two (2)
years.
Seniority shall accrue during all paid leaves and during periods which
a member is assigned a classification outside of the bargaining unit. If
an employee is on leave of absence without pay as a result of
temporary disability as substantiated by a doctor's certificate or for
on-the-job injury, seniority will accrue indefinitely. An employee will
accrue seniority while on leave without pay or layoff for one (1) year
tL
-
I41CItUCILIdCD BY
• JCRM MICR+LA9
bliLRW ILED BY JORM MICROLAD
CEDAR RAPIDS AND UES MOINL�, IUw;\
or for a period equal to the length of time worked if less than one
year.
In the event that two or more employees have an identical seniority
date, the order of their seniority shall be determined by the alphabetical
order of last names.
The City will maintain a seniority list showing the length of
continuous service and will make a copy of the list available to the
Union each six (6) months.
Section 2. Probation. The initial probation period of permanent
appointments will be s x continuous months.
The probationary period may be extended in writing because of unusual
circumstances. Probationary employees are entitled to all benefits of
this contract with two exceptions:
1. They may not grieve any disciplinary actions taken against
them.
2. They may not bid on other jobs (except for promotions).
If an employee has worked as a temporary City employee prior to
appointment to a similar permanent position, the temporary time worked
may be credited toward completion of probation if it is applicable
experience.
For such employees, the probationary period will be shortened to
reflect credit for temporary time worked. The length of probation will
be specified in writing in the permanent appointment papers.
Section 3. Use of Seniorit . An employee who has successfully
completed an initial City pro at on period of six months may exercise
seniority as follows:
a aransfer notice Wroceduescribesxthetpositioncase
for permanentnJobcnces,
openings
will be posted on administrative and departmental bulletin
boards for not less than five (5) working days. During this
period, employees who wish to apply for the position may do
so. The City will provide a written form for application
which must be received in the Personnel Office by 5:00 P.M. on
the day stated on the notice as the closing date. If current
or laid off employees are qualifed for the position he/she may
compete with other employee applicants for the position.
Step I. If qualifications including skills, abilities, and
expewithrthecgreatest seniority swill be are offered the jobtemployee
firstP
Step II. If the qualifications of current employees are
marginal but equal to outside applicants they will be offered
the position if it is to be filled.
If an employee feels that seniority has been ignored by the City,
he/she may request the reason for his/her rejection for the position in
writing, and the written reasons will be given.
17
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Mlcaorluaco BY
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PtIuRUFILMLD BY JORM MICROLAB
CEDAR RAPIDS AND ULS MUINLS, !UWA
b. Reduction in Force. Reductions in force will be by departmental
ivision a—ccor {n9 to seniority in the jobs affected with the
person having the least seniority within classification to be
laid off first. The City will give five (5) days notice to
employees who are to be laid off except in an emergency. Temporary
employees within classification (who are by definition without
seniority) will be laid off prior to permanent employees. The
City will consult with the Union as far in advance as possible
prior to a contemplated layoff in order to provide the most
equitable treatment to employees who are to be laid off.
1. The City will attempt to accomplish reduction in force by
attrition.
2. An employee whose job is to be eliminated may be transferred
to vacancies within the department.
3. If no vacancies exist the employee being laid off shall bump
the employee with the least seniority in a position in their
department or bargaining unit for which they have the seniority,
proper credentials, including prior recorded experience, and
the ability to perform the duties of the job under normal
supervision.
C. Recall from La off. The names of permanent employees laid off
sh
aillb p aced on a The
list for the jobs affected in
the layoff. Such persons shall be eligible for re-employment in
reverse order of layoff in the job from which they were removed
for a period of two (2) years, provided that they are still
qualified and able to perform the job. Employees may apply for
vacancies in the City in titles other than those affected by the
layoff during the period that they are on the recall list while
maintaining their option to return to the job from which they
were laid off.
When an employee is notified by ordinary mail to last known
address to return to work, he/she must make arrangements to
return to work with the immediate supervisor within five (5) days
or be removed from the recall list. An employee on the recall,
list will accrue seniority pursant to Section 1 of this article
and will be entitled to exercise seniority accrued prior to
layoff after their returning to work.
d. Preferred Shift. Employees may use seniority to bid on a preferred
s lft or transit run provided a vacancy exists. The use of
seniority in library scheduling, if any, will be the subject of a
separate letter to be negotiated at a later date.
Section 4. Trial Period.
A. Em to ee o tion. A transferred employee shall be granted up to ten
ays to etermine he/she wants to continue in the position to
which he/she voluntarily transferred. If during the option period the
employee desires to do so, he/she may return to the previous position.
M
n1CROFIWEm BY
' JORM MICR#LAB
,I.otd', i1'- .. H0:':! S
MIL:ROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINL:,, iUNk
B. City 0 tion. The length of the trial period for a person who is
tra— nsferring to another position within the City will be adapted to
the type of job, length of City employment and similarity to previous
.jobs, but will not be longer than forty (40) working days except by
agreement between the City and the Union, A transferred employee
agrees not to initiate another transfer for six (6) months. This
limitation on voluntary transfers does not apply to promotions. If
the employee's performance is unsatisfactory at the end of the trial
period, they may return to their previous position or a similar
vacancy.
Section 5. Com ensation after Transfer. When an employee transfers
to another position wit in t e same or ower range he/she shall move to a
step and rate of pay within the range of the position transferred to with
pay to be determined on the basis of relative skills, abilities, exper:elce
and seniority. When an employee transfers to a higher range his/her pay
shall fall within that range and in no event will be less than one step
higher.
Section 6. Transit Senorit . In the event two or more transit drivers
have identical seniority dates, the order of seniority for selecting transit
runs shall be determined by lot.
ARTICLE XIV
DISCIPLINE
Section 1. Pur ose. All parties of this Agreement recognize that
a certain amount of lscipline is necessary for efficient operation of the
City and the City has rights and responsibilities under law in providing
services in an efficient manner. These certain penalties for infractions
are agreed upon by the parties as a mode of operating and are not intended
to limit the management rights of the City as explained in Chapter 20 of .
the 1975 Code of Iowa. Disciplinary actions against employees will be
taken for just cause. Appeal of disciplinary actions shall be by permanent
employees and shall be through the grievance procedure set forth in this
Agreement.
Section 2. The goals of progressive discipline are to correct
behavior and produce efficient City operations rather than merely to punish
wrongdoers. Disciplinary actions or measures shall ordinarily be invoked
in the order listed:
a. Oral reprimand or warning
b. Written reprimand or warning
c. Suspension with loss of pay
d. Discharge
Section 3. Serious violations may be dealt with by any of the
above disciplinary measures on the first offense. Permanent employees
shall have the right to take up a suspension or discharge at Step 2 of the
grievance procedure.
Section 4. An employee may request the presence of a steward at
the time of discipline. The steward may request a copy of the oral or
written warning at that time. A copy of suspension or discharge will be
forwarded to the chief steward.
14
r -te
MICROFILMED BY
DORM MICROLAB
Li.IA! F„,., m'1! .
MILROFILMLD BY JORM MICROLAB
CEDAR RAPIDS AND ULS MUINLS, IUvUi
ARTICLE XV
INSURANCE
Section I. Medical insurance. The City will provide the health
insurance policy currentTy—PrOvidea for employees and eligible dependents
if applicable. A pro rate share of the cost of the premium will be paid
for part-time employees.
Section 2. Life insurance. The City will provide a term life
insurance policy for emp ogees the face value of which is an amount
equal to the next even thousand dollars greater than annual salary.
e.g., If an employee's annual salary is $8,834, the face value
of the life insurance policy is $9,000.
In the policy currently provided
coverage does not become effective
until ninety (90) Y after
ARTICLE XVI
SAFETY
Section 1. �Polic The City and the Union recognize the
importance of the personal safety of individual employees on the job and
recognize that in the routine course of work employees are subject to
risks.
Section 2. Standards. Employees shall not be required to work
in areas or to operate equfinent which is a hazard to themselves or the
wholengageein hazardous work. sEmployeestwillwhavebaccessito protectiveees
/ nt of
gear required by law. Employeeswill handthenaturepeftthend equandethe City with due care appropriate
equip-
ment employed.
Section 3. Notice of Defect. Employees who operate equipment
shall, during or imine late y o owing the work day, report any defect
noticed by him/her in said equipment to the immediate supervisor.
Section 4. S ecial Grievance Procedure. If an employee is
requested to work in a ocat on or w t equ pment which presents an
imminent personal hazard to him/herself or others the employee will
report immediately to the Division Superintendent or designee who will
determine the minimal standards under which employees must work. if the
employee is then directed to work in a location or with equipment which
is an imminent personal hazard to him/herself, he/she shall file a Step
2 grievance with the Department Director. Other disputes over safety
hazards will be processed through the regular grievance procedure in
Article XX Section 5. Use of this procedure to create unnecessary
delays will result in disciplinary action.
shall select two (2)
ion
Seco ees as representatives the citynManager's Safety Committee.
City employees
20
141CRREILMED BY
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SI .i%d'. IS•� f, .: i. 1, '4(11':! `.
MIOWFILMLD BY DORM MICROLAB CEDAR RAPIDS AND ULS MUINL�,, IJ141
ARTICLE XVII
PERSONNEL TRANSACTIONS
Section 1. Employees shall receive a copy of payroll trans-
actions, performance evaluations, and other documents which will be used
for purposes of promotion, evaluation or discipline. The employee's
copy will be forwarded at the time it is placed in the file.
Section 2. Under the supervision of an employee of the Human
Relations Office and during normal business hours, employees shall have
access to their personnel files including the right to copy the contents
of the file at their own expense. An employee shall have the right to
attach a written response to any document in his/her personnel file.
Section 3. Oral and written warnings for minor infractions which
are over twelve (12) months old at the time of the regularly scheduled
performance review will be removed from an employee's file, provided the
problem has been corrected or there has been substantial improvement toward
correction.
ARTICLE XVIII
CLOTHING AND EQUIPMENT
Section 1. Employees who are required to wear special uniforms
will be provided with such uniforms. Cleaning and maintenance will be
paid by the employer. Outerwear, including hats, jackets, and coats,
will not be provided, except for Parking Enforcement Attendants. Gloves
for discomfort from cold will not be provided.
Section 2. The employer will provide required protective
clothing, or protective devices, including one half (1/2) the price of
an initial purchase of safety shoes to maximum of $20.00 and an amount
of $15.00 annually for the replacement of such shoes. The employee
shall provide the full cost of safety prescription glasses.
ARTICLE XIX
RECOVERY AND.REHABILITATION PROGRAM
Section 1. Voluntary Referral Service. The City will provide
where possible a voluntary referral service for employees with personal
problems. Employees who suspect they may have a work problem even in
the early stages are encouraged to seek treatment or counseling. All
such requests and/or referrals in Section 3 for service will be treated
in a t loyees
in obtaining nneeded tial aservices vifythey evoluntarily request such mpt will be made to sassistance.
Section 2. Problem Orinkin In the interest of providing
efficient services to t e pu is the City recognizes that employee
alcoholism can and should be treated. Educational materials on problem
drinking may be requested from the Human Relations office. All bargaining
unit employees are eligible for treatment and rehabilitation for alcoholism
or problem drinking through the City's referral service and other avail -
21
MICROFII.I10O BY
JORM MICRbLAB
mILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DLS MOINL'�, Nwn
ss
ause
or
disciplinen
nand everyrattempt iwill lbemmade abyithe eCity sand tthe cf
as Union to
assist employees with drinking problems to obtain needed assistance.
fferebut if job
Rehabilitation
assistance
sci stancewi able lldbsciplinary action willpbeft kenCe is not
raised to an
Section 3. Procedure. Supervisors who identify work problems
or stewards who idents y personal problems may refer employees to the
Human Relations office for assistance in obtaining educational and
rehabilitation services for alcoholism inithis section er relieves employeesersonal
influenceinfluence performance. Nothing
responsibility for their conduct on the job.
ARTICLE XX
GRIEVANCE PROCEDURE
section I. Definitions. The word "grievance" wherever used in
mea ispute between the City and the Union or
this Agreement shall
any any ofpthe eterms hand 9provisions ofthis; YAgreementiheword
or
day" shall be defined as any day except Saturday and Sunday for purposes
of this section.
Section 2. Re reseitasion. Ant shalyehaveothe rigis a httobe er of the
bargaining unit covere by of the
represented by a steward at any grievance hearing or at any step
stew he/ she chooselinarypconferencesloyees are alsstewardse
d to
grievance procedure,will
representation by
not attend other conferences between supervisors and employees except
with the supervisor's approval.
The Union will certify the names and addresses of the designate
stewards to the City Human Relations Director.
The City will compensate not more than one employee steward for the
investigation of a grievance, rIf second
Cit ememployeeemaye has requesecial
office in the Union handling grievances,to
released timllfnot besunreasonablyswithheld, but the nCity wwill onot
e
provide compensation for time spent. Any stewards who are City employees
shall
tbework released
on from
nwork
ce for
not
morThehemployewo e2will obtain 2) hours in oper-
week
mission fromI sionmwilltnotuberunreasonablye withheld. Releasedrite
lmence,
under this section is limited to grievance resolution.
Supervisors and stewards agree to handle disciplines and grievances
with discretion.
Section 3. tsha Limitations. Unless a grievance isorPeffect.ealed asTime
hereinafter provided, have no further validity
limits may be extended by mutual agreement of the parties. Any monetary
f a
ievanc
award or compensation arising out of the dayslprior to therfiling eofsthe
limited to the period of time sixty ( )
grievance regardless of the length of the practice giving rise to the
grievance or the employee's lack of knowledge thereof.
Section 4. Procedures. A grievance that may arise shall be
processed and settled in— the allowing manner:
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JORM MICR6LA6
141L,fOFILMLD BY JORM MICROLAB
CEDAR RAPIDS AND CLS MOIIIL,, iUwx
A. Step 1. The grievance shall be presented orally for discussion
between the employee grievant, the steward if the employee chooses
to be represented by a steward, and the employee's immediate
supervisor within five (5) working days after the knowledge of the
event giving rise to the grievance. The date of the oral pre-
sentation of the grievance shall be certified in writing. The
supervisor shall deliver the answer verbally to the aggrieved
employee or steward within five (5) working days after the Step 1
conference. If no response is received from the supervisor within
five (5) working days the grievance will be processed pursuant to
Step 2.
B. Step 2. If the grievance is not resolved by Step 1, the aggrieved
e—emogee or his/her steward (if applicable) shall,within five (5)
working days following completion of Step 1, present
written copies of such grievance signed by the aggrieved person,
two (2) to be filed with the Department Director or designated
representative and one (1) to be filed with the Union. For Library
employees the grievance must be filed at this Step with the Library
director or designee. The written grievance shall contain a
statement from the employee of the facts and section of this
Agreement grieved and specifying what relief or remedy is desired.
The theirrnamestanddtheeward addressesltonclude on which theyhwishiaten responseatoe
be sent.
The grievant, steward and department director shall meet in
an attempt to resolve the grievance.
The Department Director or Library Director shall, within a
period of five (5) working days investigate and document the
grievance and issue a decision in writing thereon to grievants and
steward, if applicable.
ll
itted
C Step
City Managervorce not his/heresolved e designee withinSte2tena(10)eworkingto
days
of the date of receipt of the written decision referred to in Step
The City eManager ting twill investigate and respond to thween the arties may be held if euuested in ting.
grievant and
steward within ten (10) working days.
D. Arbitration. Grievances not resolved at Step 3 of the Grievance
Procedure may be submitted to a third party for arbitration. A
request for arbitration must be submitted by written notice to the
other party within ten (10) working days following receipt of the
City Manager's decision at Step 3. Copies of any such request will
be furnished to the City and to the Union.
The cost of arbitration and recording the same shall be
dividedlly tween the
ifrrequestedthis
by theeement. The cost of
arbitrator, shall
be divided equally between the parties. Each party will pay for
the cost of its own case preparation and for expenses of witnesses.
The arbitration proceeding shall be conducted by an arbitrator
to be selected by the City and the Union within five (5) working
days after notice has been given. If the parties fail to select an
arbitrator, a request by either or both parties shall be made to
the Federal Mediation and Conciliation Service to provide a panel
of five (5) propective arbitrators. Both the City and the Union
23
MICRO[ 10110 OV
DORM MICRAC.AB
MILROFILMLD BY JORM NICROLAB CEDAR RAPIDS AND DLS MUINL',, IUe-A
shall have the right to strike two names from the panel. The party
giving notice for arbitration shall strike the first name; the
other party shall then strike one (1) name. The process will be
repeated and the remaining person shall be the arbitrator.
The arbitrator shall have the power to interpret, apply, and
enforce this written Agreement but shall have no power to add to,
subtract from, or modify the terms thereof. The rules of evidence
and the nature of conduct required during the arbitration hearing
shall be in accordance with all state and federal legislation,
applicable rules and regulations.
The decision of the arbitrator shall be issued thirty (30)
days after conclusion of the hearing and shall be final and binding
upon the parties.
The parties of the grievance, their witnesses and representatives
shall have the right to be present at the grievance arbitration in
addition to the arbitrator. Other persons may be present at arbitration
hearings as the parties may mutually agree. Either party shall
have the right to record the evidence presented at the arbitration
hearing. Arbitration hearings shall be closed to the public and
evidence taken shall not be revealed to any third party until such
time as the decision of the arbitrator is made unless parties agree
otherwise.
Section 5. Labor -Manama ement Committee. The Labor -Management
Committee shall consist of persons designated by the Union and the
City. Not more than four (4) bargaining unit employees may be excused
to attend meetings held during working hours. Representatives or agents
of the parties may be present at grievance committee meetings.
Meetings shall be no longer than two (2) hours in length unless
extended by mutual agreement and shall be scheduled to alternate between
the working hours and non -working hours of the labor members.
The function of the Grievance Committee shall be to meet and confer
monthly with the City during the life of the contract for the purpose of
adjusting pendinggrievances and to discuss procedures for avoiding
future grievances (including safety matters) provided that:
1. No topics will come before the Grievance Committee which
are proper subjects for negotiations (e.g., new demands,
changed circumstances, requests for new language, etc.);
and
2. Every agenda item will be investigated before the meeting
with the appropriate Department Director or designee.
(Public Works -- Division Heads).
ARTICLE %II
PAY PLAN
Section 1. Classification Plan. The classification plan
for bargaining unit employees -Ts attached to this Agreement (See Ap-
pendix A).
24
MIMI ILMED BY
JORM MICR6LAS
:'101';!' ,
MiLROFILMED BY JORM MICROLAB LEUAR RAPIDS AND ULS MOiNL�), 10eW
Section 2. Merit Plan. The pay plan is based on performance
evaluations and merit. 7Fe7Tty will justify the denial of merit
increases following the employee's eligibility date. An employee who
does not receive a merit increase on his/her eligibility date may file
Step 2 grievance.
Section 3. Quarterly Adjustment. An adjustment to the salary
of each permanent emp oyee w e made on July 1, 1978, and every three
(3) months thereafter until April 1, 1979. The adjustment is based on
the "Consumer Price Index for Urban Wage Earners and Clerical Workers -
United States -all items (1967=100)," published by the Bureau of Labor
Statistics, United States Department of Labor.
The adjustment shall apply to each permanent employee and shall
consist of one cent (14) per hour for each 0.4 change in the Index.
The first adjustment to become effective on the first pay check
of July, 1978, shall be based upon the change occuring in the Index
from March through May of 1978. Subsequent adjustments shall be made
quarterly in the same manner. The pay rate will become effective on the
first day of the first complete pay period of the quarter.
The pay plan shall be adjusted by a flat cents -per -hour increase
applied to each employees' base salary.
No adjustments, retroactive or otherwise, shall be made due to any
revision which may later be made in the figures for the Bureau of Labor
Statistics Consumer Price Index for any base month. The pay adjustment
will not exceed ten cents (104) in any one quarter or forty cents (404)
in any one fiscal year. In the event that the quarterly increases for
the first four (4) quarters of the contract period are not equal to thirty-
five cents (354) per hour increase over the April, 1978, wage, the difference
between the first three (3) quarters' increases and thirty-five cents (354)
will be paid on the first pay check of A ril, 1979. The same formula will
be used for FY80 (beginning July 1, 1979.
The following table illustrates the increases for the first quarter
of the contract:
CPI COLA
Tess than .4 Hone
•4 14 per hour
•8 24 per hour
1.2 34 per hour
1.6 44 per hour
And so forth with a one cent (14) per hour adjustment for
each 0.4 change in the CPI.
To illustrate the thirty-five cent (354) minimum annual increase
paid in the fourth quarter:
25
nic«onusrn By
DORM MICR(�LAB
QUARTERLY INCREASE
SALARY
FROM INDEX
ADJUSTMENT
1st
Quarter
94 per hour
94
2nd
Quarter
104 per hour
104
3rd
Quarter
74 per hour
74
4th
Quarter
64 per hour
94=354 since July 1
25
nic«onusrn By
DORM MICR(�LAB
MILROFILME D BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLb, IUwA
Section 4. Pay Plan. Each range of the pay classification plan
will contain six (6) steps A -F). Employees at Step A are eligible for
review and an increase to Step B after six (6) months. Step A will be
determined by the City unilaterally based on market information and other
factors related to the particular Job title for which the wage is being
set. Employees on Steps B-E are eligible for review and an increase to the
next step annually. Employees on Step F or those who are outside of the
range are not eligible for step increases.
This section will not operate to adversely affect any employee hired
prior to Council ratification of the Agreement.
Section 5. E�u_i�ment�MechanicsSti�end. Each of the equipment
division employees w o ish required to provide a Each
set of mechanics tools
will receive fifty dollars ($50.00) on or before July 15 of each of the
contract years of this Agreement.
Section 6. _Longevity Pay. Permanent employees who have completed
the required number of years of continuous service with the City by December 1
shall receive longevity pay on the last pay check in November in accordance
with this schedule:
YEARS COMPLETED
ON DECEMBER 1 AMOUNT
5
years
$ 150.00
10
years
250.00
15
years
350.00
20
years
450.00
. Employees who terminate will receive a prorata share of the longevity
payment reflected in their final check. The proration will be based on
the nearest whole month of the year.
ARTICLE XXII
AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT, AND WAIVER
All negotiations or bargaining with respect to the terms and con-
ditions of this Agreement shall be conducted by authorized represen-
tatives of the Union and the City. Agreements reached as a result of
such negotiations shall become effective only when signed by the autho-
rized representatives of the parties.
This Agreement supersedes and cancels all previous agreements and
practices between the Employer and the Union and constitutes the entire
Agreement between the parties and concludes collective bargaining for
its duration. All parties to this Agreement waive each and every right
to negotiate to which they would otherwise be entitled under the laws of
the State of Iowa.
Iowa.
ARTICLE XXIII
GENERAL CONDITIONS
Section 1. This agreement shall be construed under the laws of
?A
MOW nuarn or
JORM MICR6LAB
MiLROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND OLS HOWLS
I JvJA
Section 2. The City agrees to meet and confer at reasonable
times with the Union on mandatory items to the fullest extent required
by law and to provide to the Union a copy of the City Personnel Rules
and Regulations and any amendments as adopted by Council. Comments on
rules and the need for revisions in rules and regulations may be discussed
by the Grievance Committee but any new negotiations on mandatory items
or other items will be conducted only by authorized teams in compliance
with this complete Agreement.
Section 3. The City and the Union agree they will not act to
discriminate because of race, creed, color, age, nationality, or political
affiliation unless the reason for the discrimination is job-related or
otherwise allowed by law.
ARTICLE XXIV
DURATION Of AGREEMENT
This Agreement shall be in effect between July 1, 1978, and June
30, 1980, and shall continue from year to year thereafter unless written
notice to change or modify it is served by either party prior to August
15 of the year preceding the expiration date of this Agreement or any
extension thereof.
ARTICLE XXV
SAVINGS CLAUSE
Should any Article, Section, or any portion thereof of this Agreement
be held unlawful and unenforceable by operation of law or by any tribunal
of competent jurisdiction, such decision shall apply only to the specific
Article, Section or portion thereof declared null and void in the decision
and the remainder of this Agreement shall remain in full force and
effect. Neither party shall be required as a result of their Agreement
with each other to conduct themselves in a manner which would cause them
to neglect their duties under law or to engage in activities in violation
of the law.
If replacement provisions are deemed necessary by the Union or
Management they shall be negotiated immediately.
27
y. OFILIIED BY
JORM MICR4ILAB
Pay
Range
a
MICROFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND ULS MOINLS, TOWA
CITY OF IOWA CITY
CLASSIFICATION PLAN
PERSONNEL OFFICE
JULY 1, 1976
Ranges 1-13
Pay Plan to be adjusted July 1, 1978 reflecting quarterly
adjustment. Actual steps to be printed and available
by July 15, 1978.
TITLE
1.A Library Aide
1. Clerk/Typist
Maintenance Worker I
Pkg. Enforce. Atten.
Water Meter Reader
Library Clerk
2, Keypunch Operator
Account Clerk
Dupl. Machine Operator
3. Sr. Clerk/Typist
Animal Control Off,
Sr. Library Clerk
Prog. Supervisor I
q, Bus Driver
Police Dispatcher
Maint. Worker II
Transit Dispatcher
5. Library Ass't.
6. Sr. Account Clerk
Maint. Worker III
Treatment Plant Op. I
7, Technical Asst.
Mechanic I
Pay
Range
a TITLE
8. Sr. Maintenance Worker
Electrician
Mechanic II
Rec. Program Supr.
Therapeutic Rec. Spec.
Buyer
9. Lab. Technician
Rehab. Finance Spec.
Sr. Mechanic
Sr. Treatment Plant Op.
Redev/Housing Spec.
Librarian I
10. Plan Checker
Inspector
11, Sr. Engineering Technician
Ass't. Planner
Librarian II
Rehab Construction Spec.
Accountant
12. Housing Rehab Supr.
Sr. Construction Insp.
13. Associate Planner
Civil Engineer
Sr. Librarian
28
141CROFIL14ED BY
JORM MICR#LAE3
(,LDAP, Rn; IiY" • ,C; :401!11'5
I,,rJ); :Ch a BY JORM 1.11CRO LAB
THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES,
LLDAi1 ItAPIjS ALIO JLC 11,1'u - , . ,^„
CITY OF IOWA CITY, IOWA
�*:undf !L?1(_U HY JURM t4ILROLAB • LLUAR I<AP[uS AND UL's'�-
AGREEMENT
BETWEEN
THE CITY OF IOWA CITY,
IAILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINLS, IUWA
1
T• `tff MICROFILMED BY
JORM MICR#LAB
L10A. EAPI:)o • V.., I'IDIAEG
TABLE OF CONTENTS
Page
PREAMBLE. .
. . . . . . . . . . . . . . . .
. . 2
3
ARTICLE
I -
RECOGNITION . . • • • • • • • • • •
• •
3
ARTICLE
II -
MANAGEMENT RIGHTS. . . . . . . . . . •
• •
4
ARTICLE
III
- NO STRIKE --NO LOCKOUT . . . . . . . • . .
. •
ARTICLE
IV -
BULLETIN BOARDS. . . . . . . . . . . . • •
• • 4
4
ARTICLE
V -
BUSINESS AGENTS . . . . . . . . . • • • • •
• •
5
ARTICLE
VI -
DUES CHECK OFF . . . . . . . . . . . . • •
• •
5
ARTICLE
VII
- HOURS OF WORK . . . . . . . . . . . • •
• • •
B
ARTICLE
VIII
- OVERTIME . . . . . . . . . • • • • • • •
• •
10
ARTICLE
IX -
HOLIDAYS . . . . . . . . . . . . . . . .
. . .
12
ARTICLE
X -
VACATIONS . . . . . . . . . . . . . . . .
. . .
12
ARTICLE
XI -
SICK LEAVE . . . . . . . . . . . .
. . .
14
ARTICLE
XII
- SPECIAL LEAVES . . . . . . . . . . . . .
. . .
16
ARTICLE
XIII
- SENIORITY . . . . . . . . . . . . . . .
. . .
19
ARTICLE
XIV
- DISCIPLINE . . . . . . . . . . . . . . .
. . .
20
ARTICLE
XV -
INSURANCE . . . . . . . . . . . . . . . .
. . .
20
ARTICLE
XVI
- SAFETY. . . . . . . . .
. . .
21
ARTICLE
XVII
- PERSONNEL TRANSACTIONS . . . . . . . .
• . •
21
ARTICLE
XVIII
- CLOTHING AND EQUIPMENT. . .
. . .
ARTICLE
XIX
- RECOVERY AND REHABILITATION PROGRAM . .
. . . 22
ARTICLE
XX -
GRIEVANCE PROCEDURE. . . . . . . . • • .
. 22
ARTICLE
XXI
- PAY PLAN. . . . . . . . . . . . .
. .
ARTICLE
XXII
- AUTHORIZED REPRESENTATION, ENTIRE
26
AGREEMENT, AND WAIVER. . . . . . . . .
.
ARTICLE
XXIII
- GENERAL CONDITIONS. . . . . . . . . .
. 26
26
ARTICLE
XXIV
- DURATION OF AGREEMENT. . . . . . . . .
. 27
ARTICLE
XXV
- SAVINGS CLAUSE . . . . . . . . . . . . .
.
CLASSIFICATION
PLAN . . . . . . . . . . . . . . . . .
. . 28
1
T• `tff MICROFILMED BY
JORM MICR#LAB
L10A. EAPI:)o • V.., I'IDIAEG
r,
14ICkOFILrIED BY JORM MICROLAB
CEDAR RAPIDS AND ULS MOINL�, IOWA
AGREEMENT OF THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF
TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL N 183
PREAMBLE
This Agreement is executed by the CITY OF IOWA CITY, Iowa, and the
Iowa City Library Board of Trustees, and the Johnson County Area Public
Employees, AFSCME, Local p 183. Unless otherwise stated the word "City"
will refer to the City and to the Library Board and the employee organi-
zation will be called "Union". Throughout this Agreement members of the
bargaining unit are referred to as "employees".
It is the purpose of this Agreement to promote and ensure harmonious
cooperation and understanding between the City and the Union to ensure
collective bargaining under the laws of the State of Iowa, as well as
applicable ordinances of the City of Iowa City. It is the purpose of the
City and the Union to establish salaries and terms of employment consistent
with the availability of public funds and with the goals and purposes of
the City Charter. The City and the Union jointly pledge their cooperation
to work together in the public interest to provide improvement in the
effectiveness and efficiency of the services offered to the citizens of
Iowa City.
The parties agree to the following specific provisions:
2
t MICROFILMED BY
i
JORM MICR+LAB
CLOAK R-%["'. • A," :401'11"
MILROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS MUINLS, IWA
ARTICLE I
RECOGNITION
Section 1. The City of Iowa City, Iowa, recognizes the Johnson
County Area Public Employees, AFSCME, Local 183, as the sole and exclusive
bargaining agent for all City of Iowa City employees except those specifically
excluded in Section 3 of this Article. This certification is based on an
Order of Certification promulgated by the Iowa Public Employee Relations
Board on February 2, 1976.
Section 2. The Iowa City Library Board of Trustees recognizes the
Johnson County Area Public Employees, AFSCME, Local 183, as the sole and
exclusive bargaining agent for all Iowa City Public Library Employees
except those specifically excluded in Section 3 of this Article. This
certification is based on an Order of Certification promulgated by the Iowa
Public Employee Relations Board on February 9, 1976.
Section 3. Sworn police officers and firefighters as well as all
supervisory, confidential and temporary employees and others who are excluded
from the laws relating to collective bargaining in Chapter 20 of the 1975
Code of Iowa are excluded from the terms, conditions, or application of
this Agreement.
Section 4. The City agrees that it will not sponsor or promote,
financially or otherwise, any other group or labor organization, for the
purpose of undermining the Union; nor will it interfere with, restrain,
coerce, or discriminate against any of its employees in connection with
their membership in the Union.
ARTICLE II
MANAGEMENT RIGHTS
Section 1. Except as limited by the express provisions of this
Agreement, nothing herein shall be construed to restrict, limit, or impair
the right, powers, and authority of the City under the laws of the State of
Iowa and the City's ordinances. These rights, powers, and authority include,
but are not limited to the following:
a. To direct the work of its employees.
b. To develop, implement and enforce work rules, safety standards,
performance and productivity standards.
C. To hire, promote, transfer, assign, classify, schedule, and
retain employees within the operation of the City government
and to develop and maintain qualifications, standards and
procedures for employment, promotions, and transfers.
d. To discipline, suspend or discharge employees for just
cause.
e. To maintain the efficiency of the governmental operation and
to determine and maintain the nature, scope and definition
of City organization.
f. To relieve employees from duties because of lack of work,
lack of adequate public financing, or for other legitimate
reasons.
ti,,.. ,•' 141CROF ILI.ILD BY
JORM MICR6LAB
(A XlP. i:;d :: 1O:, is S
1IlLROFILMED BY JORM MICRDLAB CEDAR RAPIDS AND ULS MUINLS, IUWN
g. To determine the amounts, methods, and procedures for compensating
employees and the definition of, necessity for, allocation
of, and nature of overtime and the method of compensating
overtime.
h. To determine and implement the methods, means, tools, locations,
equipment, and assignment of personnel by which its operations
are to be conducted including but not limited to the right
to contract and subcontract work.
i. To take such actions as may be necessary to carry out its
mission.
j. To initiate, prepare, certify and administer its budget.
k. To exercise all powers and duties granted to it by law.
ARTICLE 111
NO STRIKE --NO LOCKOUT
Section 1. No Strike. No employee covered by this Agreement
shall engage in any stri eat any City facility or at any location in the
City where City services are performed during the life and duration of this
Agreement. If any strike shall take place, the Union will immediately
n such activities to cease and desist, and it
notify employees engaging i
h activity is in violation of this Agreement
shall publicly declare that suc
and is unauthorized. Employees in the bargaining unit, whiickettline
gin the
course of their employment, shall not refuse to cross any p
established by any labor organization when called upon to cross such picket
line in the line of duty. The City will make reasonable efforts to assure
employee safety in crossing picket lines. Any employee engaging in any
activity in violation of the Article shall be subject to immediate disciplinary
action including discharge by the City.
Section 2. No Lockout. The City agrees not to lock out employees
during the term of tis Agreement.
ARTICLE IV
BULLETIN BOARDS
Section I. The City shall assign space as currently provided on
bulletin boards for the Union to post notices, a copy of which shall be
provided to the Human Relations Director. Notices shall not contain political
totemployees.
unionaterial, or notices willaberial limitedctoidesignatedsto the City or
spaces.
ARTICLE V
BUSINESS
Section 1. The Union shall have the right to designate agents, not
to exceed two (2) persons at any one time, who shall have access to City
facilities only durito tneradministration ofuthis rs fAgreementor the rpose of investigating
tters
MICROf ILMED BY
JORM MICR46LA9
[:'.If�il ii n; ; �. :11 •.101'!!_`
MICRUFILMEU BY JORM MICROLAB CEDAR RAPIDS AND ULA MUML), INA
Section 2. The Union shall notify the Human Relations Director after
making such designation. Any such investigation will be conducted so
as to not interfere with City business and any such agent will comply with
City safety, security and other regulations. Notice will be given to the
Department Director or designee when a business agent enters City property
or facilities.
City employees may not spend working time to meet with business
agents unless specifically permitted by another provision of this Agree-
ment.
ARTICLE VI
DUES CHECK OFF
Section 1. The City agrees to deduct Union membership fees and
dues once each month from the pay of those employees who individually
authorize in writing that such deductions be made. The Union will certify
the amount of dues to be deducted and the structure of the dues schedule in
a letter signed by the President and notarized. Authorization for check
off must be received by the 15th of the month in order to be withheld from
the first check of the next month.
Section 2. Dues will be deducted from the first pay check of each
calendar month and will be remitted, together with an itemized statement,
to the Union Treasurer within ten (10) days after the deductions have been
made.
Section 3. The City will not deduct dues beginning the first of
the calendar month after which an employee is no longer part of the bargaining
unit. An employee may voluntarily cancel or revoke authorization for check
off by delivery of written notice to the City and to the Union. Cancellations
received by the 15th of the month will become effective on the first of the
next month.
Section 4. The City will not be liable and will be held blameless
for damage arising by virtue of mistakes in connection with funds collected
under the provisions of this Article. The City will not be responsible for
payment of dues, special assessments or any other deduction upon an individual's
default.
ARTICLE VII
HOURS OF WORK
Section 1. Definitions.
Tem�orar Em to ees - Those who regularly work less than twenty (20) hours
per week, regar ess of length of employment; or those who work in a position
which is authorized for less than one (1) year.
Casual Em 10 ees - Persons employed for brief, irregular periods or those
who per orm wor on a periodic basis.
Seasonal Em to ees - Those who work in positions which relate to regular
perio is weat er or climate conditions, or who work in positions which
relate to phases of the school year.
.AICROPIU•1CO BY
JORM MICRmLAB
1,11CROFILMED BY JORM PIICROLAB
CEDAR RAPIUS AND DLS MUIN G , IUAA
Permanent _F.m llovees - Persons who are appointed to authorized budgeted
positions and who liave completed a probationary period upon initial employment
with the City.
Full -Time: Those who regularly work forty (40) hours per week.
Part -Time: Those who are assigned to work less than a forty (40)
hour week; generally the assignment will be based on
ten (10) hour -per -week increments.
Section 2. Regular Work Week
A. Definitions - A day will be defined as the time between 12:01 A.M. and
minig t, twenty-four (24) hours later. A week will be defined as
the time between 12:01 A.M. Sunday and midnight Saturday. Holidays
and paid leaves shall count as hours worked.
B. Permanent Full -Time - Five OF Operations - The regular work week for
permanent full-time employees shall begin on Monday and extend through
Friday and shall consist of five (5) consecutive, eight (8) hour days.
C. Continuous Shift Operations - (Work is regularly scheduled 24 hours
per day, seven days per week.) The regular work week shall consist of
five (5) days of eight (8) consecutive hours for a total of forty (40)
hours. For purposes of this contract the first day off in any week is
defined as the sixth day and the second day off is defined as the
seventh day.
Six and Seven 'a'
a 0 erations - The regular work week for permanent
Full-time emp oyees s a consist of five (5) eight (8) hour days for
a total of forty (40) hours. For purposes of this contract the first
day off in any week is defined as the sixth day and the second day off
is defined as the seventh day. Employees whose schedules regularly
vary from this pattern will be covered by letter at the time the
variation is made. (Example -landfill employees.)
Section 3. Scheduling. Regular work schedules will be posted on
departmental bulletin ob ar3s within each division. Any permanent change in
the regular work schedules for a division will be posted at least ten (10)
days in advance of the change.
To the greatest extent possible, temporary adjustments in the work
schedule of individuals will be posted at the beginning of the week. As
much notice as possible will be given in the case of emergencies, inclement
weather, or unexpected absences.
Section 4. Chanaina the Regular Hours of Work. The City will
notify the Union in advance of permanent changes in the regular work week
and will discuss such changes if requested.
Section 5. Temporary and Part -Time Employees
Permanent part-time employees shall be assigned a regular
hours per week for the purpose of determining the City's
contribution. Benefits to permanent part-time employees
prorated on the number of hours to which the employee has
pursuant to Section 1 of this Article. Occasionally the
C 1
i
I'll nlarn cuorBY
JORM MICR#LAO
t,L.IAi'. 1t • ., I'I..:'V%: ".
number of
benefit
will be
been assigned
hours actually
Mit,ROFILMLD BY JORM MICROLAG • CEDAR RAPIDS AND ULA HUINLj, iUru:
worked will vary from the assigned number. No minimum amount of work
is guaranteed to part-time employees. Any employee whose hours actually
worked regularly exceed his/her assigned hours shall be reassigned
hours for the purpose of proration of benefits. An employee may
request a redetermination of his/her assigned hours or proration of
benefits through the grievance procedure. Nothing in this section
shall require a permanent part-time employee to regularly work more
than his/her assigned hours.
B. Tem orar Em to ees. Temporary, seasonal, and casual employees are
not entit a to sick leave, vacation, insurance benefits, seniority,
holidays, use of the grievance procedure, or any other benefits
provided under this agreement.
If an employee has worked as a temporary employee for six (6)
months, he/she may file a request with the Human Relations office for
permanent status. Provided that a permanent vacancy within classification
is available for which the employee is qualified, the temporary employee
may compete with other applicants for the vacancy on basis of seniority
accrued from the last date of hire. If no permanent opening is available,
the employee will be laid off immediately. The employee may elect to
continue on temporary status for the duration of the particular purpose
for which they were employed.
C. Special program employees include those funded by CETA, work study,
WIN, Revenue Sharing for youth programs contract, and similar employees.
Such employees shall be considered as temporary employees. However,
employees funded by CETA will receive benefits for which the City is
reimbursed and which are either agreed upon in writing at the time of
employment or at a later date.
Section 6. Rest Periods. Except for the transit employees, the
City will provide a _fTft_e_e_n_TT6Tminute rest period at two times during the
regular work day. The location and scheduling will be determined by the
immediate supervisor. The rest period will be scheduled at regular times
within the work day to accommodate staffing needs. Employee preferences
will be considered.
To the greatest extent possible, full-time transit employees whose
shifts begin before noon are entitled to take a thirty (30) minute paid
break during the middle of the work day from Monday through Friday during
periods when the "trippers" operate.
Section 1. Meal Periods. The City will provide an unpaid lunch
period of not less t an t rty 30) minutes each day to employees in five
day operations. Whenever possible, the lunch period will be scheduled at a
regular time in the work day. Meal periods will be scheduled to accommodate
the staffing needs of the department with consideration of the preference
of employees.
Section 8. Clean-up time. If the nature of work performed requires
it, employees will be allowed a minimum of five (5) minutes for personal
clean-up at the end of the work day.
Section 9. Inclement weather. Employees are expected to come to
work regardless of weather conditionT if they can possibly do so. Employees
who appear for work at the scheduled time will be compensated. Generally,
K. •1.r -
MICROFILM By
JORM MICR46LA13
MIGROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS MOINL�,, 101A
City operations will not be suspended, but may be rescheduled. If work is
to be rescheduled the immediate supervisor will have available information.
Employees who are unable to get to work or who leave work early
because of weather conditions may do one of the following:
a. Arrange to make up the work with the approval of the
immediate supervisor.
b. Charge the time missed to holiday, vacation, compensatory
time, or personal leave.
c. Take leave without pay for the time missed.
ARTICLE VIII
OVERTIME
Section 1. Overtime. Overtime is work performed by a permanent
full or part-time employee in excess of eight (8) hours per day or forty
(40) hours per week with the following exception: Employees regularly
scheduled to work more than eight (8) hours per day will receive overtime
for the time worked in excess of the regularly scheduled hours per day.
e.g., Landfill employees who work twelve (12) hours per day will
receive overtime for time spent in excess of twelve (12) hours
per day or forty (40) hours per week.
Prior authorization from the employee's supervisor is required before
overtime work will be credited. Employees may be periodically required to
work overtime but may request not to perform work because of physical
inability or serious personal need. Such requests to be excused from
performing overtime will not be unreasonably denied.
For permanent full-time employees, work performed on the sixth (6th)
or seventh (7th) day of the work week shall be considered overtime.
For permanent part-time employees all working time in excess of that
worked by permanent full-time employees will be considered overtime.
There will be no pyramiding of overtime:
e.g., If an employee is called back to work on Saturday he/she
may claim the overtime rate either for the minimal call-in OR the
sixth (6th) day premium, not for both sections.
Overtime will be compensated at the rate of one and one-half (1 1/2)
times the current base hourly rate of the employees or by compensatory time
off at the rate of one and one-half (1 1/2) hours for each hour of overtime
worked. Employee preference will determine whether overtime is paid or
time off given unless departmental staffing needs or financial considerations
require employees to be paid or given time off. The employee may request
reasons for the denial of the time off or pay.
Section 2. Overtime Equalization.
A. To the greatest extent possible, overtime shall be offered to employees
equally over a period of three (3) months, considering the type of
work, the qualifications and ability of the individual employee, the
employee's desire to perform the overtime service, and the employee's
seniority. The following procedure will generally be used:
MICROMMCD By
JORM MICR46LAB
� i.JAI 2,11 ;.. 1.`. '10:'I!'
1,11LROF!LMED BY JORM MICROLAB CEDAR RAPIDS AND ULS I•IUIML), Wv7N
The employee with the necessary qualifications and abilities and
the least number of overtime hours in that classification will be
first offered such assignment. In the event that overtime hours
among employees in that classification are equal, seniority shall
prevail. In the event no qualified employee desires such work,
the City shall select the qualified employee with the least
credited overtime hours for such assignment and if there are two
or more employees with the same number of overtime hours, the
employee with the least seniority shall be thus assigned.
Employees who refuse overtime work on a particular job will be
charged the same number of hours as employees who actually do the
work. Any employee who may be periodically excused from overtime work for
physical disability or serious personal need shall carry an amount of
overtime equal to that of the employee with the highest number of hours.
When the need arises to work overtime to finish a job, the employees
who are performing the work may be offered the overtime first if the work
is to be completed. If an affected employee elects not to work overtime,
he/she will be expected to continue until a replacement is secured.
During emergency situations such as, but not limited to, excessive
snow, freezing rain, wind, rain or cold, employees in the affected di-
visions may be scheduled to work twelve (12) hours or more in any twenty-
four (24) hour period. Work in excess of twelve (12) hours will be as-
signed according to the equalization procedure.
The equalization procedure is inapplicable to regularly scheduled
overtime in transit.
B. The City shall maintain and post (at least monthly) in , public in the work
area, a list of classifications showing overtime hours worked by each
employee, and shall keep such list current with accumulated overtime being
credited forward. Overtime accumulation shall commence on January 1,
April 1, July 1, and October 1 of each year and shall be equalized quar-
terly.
Employees who are new to a division shall be credited with the highest
number of hours in their classification. Any deviation from the above
process shall be by letter between the City and the Union.
Section 3. Overtime Rest Period. If an employee is required to work at
least two (2) hours immediately a ter t e employee's normal work day, the City
will provide for one of the following:
a. A rest period of one-half hour immediately following the work
day, or
b. One additional half-hour of paid compensation at the overtime
rate.
This section does not apply if the employee is required to work less than
two (2) hours following the work day.
Section 4. Stand -By Time. Employees who are on stand-by time are
required to be at a place designated by them which has access to a phone
and from which they may reach the work area promptly. Employees on stand-
by will be compensated at a rate of six (6) hours at current base pay rate
for each week of stand-by time. A call device and vehicle will be furnished
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to an employee on stand-by. Employees called to work shall be paid at the
regular call-in rate for each call in accordance with Section 6 Minimum
Call-in in addition to stand-by pay.
Section 5. Re ortin Pa . If an employee reports for work at
his/her regular time an p ace ut is sent home by the supervisor because
of an emergency because work cannot be performed, such employee shall be
paid a minimum of two (2) hours at his/her regular straight time pay. The
City will make every effort to allow the employee to make up the work at
straight time at a different time, where the nature of work permits.
Section 6. Minimum Call -In. An employee who has completed an
eight (8) hour work ay and w o is called in to work in an emergency
situation without prior notice will be paid for a minimum of two (2)
hours. If the emergency call-in takes more than two (2) hours the employee
will be compensated for time spent. Minimum call-in will be paid at the
overtime rate. An employee who is called in prior to the regular start of
his/her working day will be compensated for a minimum of two (2) hours at
the overtime rate. In the event minimum call-in and regular working hours
overlap, straight time will be paid for the overlapping hours in addition
to the minimun call-in.
There shall be no pyramiding or duplicating of overtime pay. That is,
if an employee is called to work, he/she cannot collect for another two (2)
hours unless it has been two (2) hours since the last call.
Section 7. Professional Employees. No overtime will be paid or
credit given for overtime wor of professional employees. Generally,
assignments will be based on an assumed forty (40) hour week for full time
professionals and on the assigned number of hours of part-time professionals.
Section 8. Librar Overtime. Permanent employees required to work
on Sundays at the Li rary w rete ve six (6) hours credit for each four
(4) hour shift worked.
Section 9. Calculation of Overtime. Overtime will be recorded on
the basis of six (6) minute segments, an an employee must work an entire
segment to be credited with one-tenth (1/10) hour for overtime.
Section 10. Payment of Overtime. Payment of authorized overtime
will be on succeeding pay checks.
ARTICLE I%
HOLIDAYS
Section 1. The following days shall be paid holidays for permanent
employees: New Year's Day (January 1); Washington's Birthday (third Monday
in February); Memorial Day (last Monday in May); Independence Day (July 4);
Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving
Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas
Day (December 25); and one personal leave day.
In order to receive holiday credit, an employee must work the day
before and the day after a holiday or must make prior arrangements for
approved paid or unpaid leave.
Section 2. In addition, there shall be granted to permanent
employees who do not work a continuous shift, the day before or after
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Christmas, or the day before or after New Year's Day as an additional
holiday. The City Manager (or the Library Director for Library employees)
may direct that employees observe a particular day for this holiday but if
the Manager fails to make such designation by December 15 of the calendar
year in question, employees may select a particular day subject to the
approval of the supervisor. If the City Manager or Library Director does
not designate a day employees may choose a day between December 24 and
January 2.
Section 3. Permanent employees on a continous shift shall receive
eighty-eight (88) hours of holiday credit on July 1 annually. Any continuous
shift employee who begins work after July 1 of any calendar year will
receive credit for the remaining holiday dates in the year. If an employee
separates after July 1 of any year, those holidays which have been credited
but which have not as yet occurred will be deducted for the purpose of
considering separation pay.
e.g., Employee A receives credit for eighty-eight (88) hours of
holiday time on July 1. The employee terminates on November 1
and has not used any holiday hours. He would be paid sixteen
(16) hours o o day pay (Independence Day and Labor Day).
e.g., Employee B receives eighty-eight (88) hours of holiday
credit on July 1. Employee B terminates November 1 and has used
forty (40) holiday hours. Only two (2) holidays (Indepen ee nce
Day and Labor Day) have occurred prior to termination, therefore
twenty-four (24) hours (40 used less 16 occurring) would be
deducted from vacation pay or from the last week's wages.
For the purpose of this Article, a holiday for continuous shift employees
(except Police Department employees) begins at 12:01 A.M. on the day of the
holiday and continues for a period of twenty-four (24) hours thereafter.
In the Police Department a holiday begins at 11:00 P.M. on the day preceding
the holiday and continues for twenty-four (24) hours thereafter.
When a holiday occurs on Sunday, the following Monday will be observed.
When a holiday falls on a Saturday, the preceding Friday will be observed.
Section 4. Part-time employees will receive holiday pay on a pro
rata basis.
Section 5. Eligible employees who are called in to work on a
holiday on which City operations are not open to the public will be paid at
a rate of one and one-half (1 1/2) times for the hours actually worked and
shall also receive regular holiday pay.
Section 6. Permanent full-time employees who are assigned to work
on holidays when City operations to which they are assigned are operating
or open to the public will receive eight (8) hours of holiday credit during
the pay period in which the holiday occurs. Holiday credit will be prorated
for part-time employees. This credit may be used after the holiday occurs
but must be taken before the next succeeding July 1. Generally this section
applies to library, transit, parks, recreation, and parking enforcement em-
ployees. Refuse employees will use this system when two holidays occur in
in the same week.
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Section 7. Holidays or personal leave days shall not be carried
beyond July 1 of any year.
Section 8. Definition. "Continuous shift employees" as used in
this article indicates t ose employees who work in twenty-four (24) hour
per day operations and who are subject to assignment on shifts beginning
between 3:00 P.M. anC7:59 A.M.
ARTICLE X
VACATIONS
Section 1. Accumulation. Vacations shall be earned by permanent
employees by month actor ng to the following schedule:
Length o_ f Service Days Per Pay Month
0-5 years 1
5 years 1 day - 10 years 1 1/4
10 years 1 day - 20 years 1 1/2
more than 20 years 1 3/4
Professional librarians shall accumulate vacation
at a rate of 22 days per year regardless of length
of service.
The maximum number of hours eligible for carry over after July 1 of any
year or for payment upon termination shall be one hundred ninety-two (192)
hours (24 days).
Section 2. Use of Vacation. An employee becomes eligible to take
vacation after he/she aseenFon the payroll as a permanent employee for a
period of six (6) continuous months. Scheduling will be arranged with the
suervisor
acommodateds
anlessployee seniorppersonr,cExcept
seniority
will prevail.
Section 3. Pa ent of Accumulation. Upon resignation or retirement
after six (6) months o continuous service, a permanent employee is eligible
for payment of not more than 192 hours (24 days) of accumulated vacation
leave at the current base rate of pay.
ARTICLE XI
SICK LEAVE
Section 1. Accumulation. Employees shall be granted one day of sick
leave credit per moot an s a have the right to accumulate unused sick leave
up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated
while an employee takes a leave of absence without pay, but any employee granted
a paid leave shall continue to earn sick leave. Accumulation of sick leave
shall
accrueon the while andate
employeefirst
ispermanent
receivingoworker'stsick leave
compensation.
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Upon resignation or retirement, the City shall pay for one-half of
the accumulated sick leave on the basis of a permanent employee's current
hourly base salary. An employee must have been employed by the City for
at least one year in order to be eligible for payment of accumulated
sick leave upon termination.
Section 2. Use of Sick Leave.
a. A day of accumulated sick leave shall be used for each day an
employee is sick and off work during a work week. A doctor's
statement regarding nature of illness and recovery therefrom
may be required if abuse is suspected. Sick leave may be used
on an hour -to -hour basis for doctor's appointments or other
health maintenance needs.
b. In addition to sickness of an employee, sick leave may be used
for:
(1) On-the-job injury.
(2) Serious illness or hospital confinement of a spouse or
child, or critical illness of the employee's mother,
father, mother-in-law, father-in-law, brother, sister, or
grandparents, as well as any other relatives or member of
the immediate household of the employee up to a maximum
of forty (40) hours per occurrence.
Section 3. Notification. An employee shall notify his/her
supervisor as soon as reasonably possible of any sickness or illness
which will cause him/her to miss work and unless such notification is
given within one (1) hour after the beginning of the work day, the
absence will not be charged to sick leave, but will be charged to other
accumulated leave or to leave of absence without pay. Unusual circumstances
will be evaluated and may result in charging the absence to sick leave.
An employee who becomes sick at work will notify his/her supervisor
before leaving the area.
Section 4. In the event an employee is injured or disabled on
the job requiring time away from work, no deductions shall be made from
the employee's accumulated sick leave or annual leave unless such
employee requires more than two (2) working days in which to recuperate
and return to work.
Section 5. Sick Leave Bank.
a. Permanent employees in the bargaining unit may draw from a
Sick Leave Bank beginning on October 1, 1976 if they have
exhausted their own sick leave accumulation and are seriously
ill. Hours of sick leave shall be contributed to the bank by
bargaining unit members who have reached the maximum accumulation
of sick leave (1440 hours or 180 days) at the rate of one day
per month.
b. Employees who use Sick Bank days will repay the bank at the
regular sick leave accrual schedule after returning to work.
Employees who do not return to work or who fail to accumulate
a sufficient amount of sick leave will pay back the Bank from
other accrued leave or in cash.
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A joint City -Union committee will administer the use of Sick Bank
days by employees. The committee will be made up of one Union
representative, one City representative, and one person chosen by
the two representatives. The Bank Administration Committee will
determine when sick leave may be used, application procedures,
the length of time which any employee may borrow, the length of
the waiting period after exhaustion of sick leave before employees
may borrow time, length of service before an employee may borrow
time, amount of time before which days must be paid back, and
other criteria for using Bank days.
The Committee is charged with maintaining the integrity of
the Bank for serious or catastrophic illness of individuals in
the entire units and will develop policies to protect against
abuse by individuals.
d. The City will contribute thirty (30) days of sick leave to the
Bank October 1, 1976, No individual may use more than ten (10)
days during the term of this Agreement.
ARTICLE XII
SPECIAL LEAVES
Section 1. On the Job In ur . Upon application the City may
grant a leave of absencet w pay In the event of an injury or illness of
an employee while at work provided the following conditions exits:
a. The injury or illness arises out of the course of City
employment, and
b. The City's medical advisor determines that time off from
work is required.
If the above provisions are applicable, leave with pay will be granted
during the remaining time on the work day when the injury occurs and for a
period of two (2) working days thereafter if authorized by the medical
advisor.
If the injured or disabled employee requires more than two (2) working
days in which to recuperate and return to work, any additional absence may
be charged to sick leave or, if sick leave is exhausted, to leave of absence
without pay. Employees may use accumulated sick leave or other accumulated
leaves to supplement worker's compensation benefits.
Section 2. Funerals. An employee will be granted up to three (3)
work days per incidenF-M —no loss of compensation or accruals to attend
the funeral of his/her spouse, children, mother, father, stepparents,
sister, brother, mother-in-law, father-in-law, grandparents, aunt or uncle,
brother-in-law, sister-in-law, or permanent member of the immediate household.
If additional time is needed, an employee shall be permitted to use up to
three (3) work days of accumulated sick leave with the approval of the
supervisor.
Section 3. Leave of AbsenceWithout Pa A leave of absence
without pay is a pre eterm ne amount o time o f work, which has been
recommended by the Department Director and approved by the City Manager
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or for library employees, by the Library Director. Generally, such
leave shall not exceed twelve (12) months. Upon termination of any such
leave of absence, the employee shall return to work in the same range
and step as when he/she left and will receive compensation on the same
basis as if he/she had continued to work at his/her regular position
without leave, provided that during that period if the nature of operations
has changed so that similar work does not exist or that an opening for
the employee no longer exists the employee will be offered vacancies in
related areas or vacancies for which the employee is otherwise qualified.
In the event an employee fails to return to work at the end of any
such leave or extension, he/she shall be deemed to have voluntarily
resigned or, if applicable, voluntarily retired on the last day of work
prior to such leave. During a leave of absence without pay, the employee:
a. Cannot pay retirement contributions if the leave exceeds one
month in duration.
b. Must pay group hospitalization premiums falling due during any
month the employee is not on the payroll if coverage is
desired.
C. Must pay premium for coverage under the group life insurance
plan if coverage is desired.
d. Shall not receive any other accruals or job benefits during
the period of absence.
e. Shall not acquire additional seniority during said leave
except in the case of temporary medical disability or as
otherwise specified by this Agreement.
f. Shall not earn sick, vacation, or other leave.
g. Must use all accumulated vacation to which he/she is entitled
prior to the time that the leave without pay commences.
The Department Director may waive the above conditions (a, through
g.) for leaves of absence not exceeding ten (10) working days.
Section 4. Jury _Duty. Any employee summoned for jury duty
during the employee's regular work hours shall receive regular standard
time pay during any period of jury service. The City shall receive the
pay earned from such jury service. Compensation for travel expenses may
be retained by the employee. An employee who is summoned for jury duty
but is not selected to serve on the jury and is discharged with an hour
or more remaining in the work -day shall return to work.
Section 5. Witness Fees. An employee shall be granted leave
with pay when required tto— a absent from work for the purpose of testi-
fying in court in response to legal summons and the City shall receive
the witness fees up to the amount of compensation paid to the employee
by the City for days testified.
Section 6. Militar Leave. Employees called by any branch of
the Armed Forces of —the—United States shall, when ordered to active
service, be entitled to a leave of absence for such period of time that
the member serves in such capacity and until discharged therefrom. The
City shall comply with applicable law in regard to military leave.
Employees subject to the foregoing shall, upon re -instatement to
City employment, retain their original employment date for the purpose
of determining seniority and eligibility for salary advancement just as
though such time spent in service of the United States has been spent in
regular employment with the City.
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I UVIA
Section 7. Voting time. An employee shall be permitted to
vote during the work day in any national, state, or local election if it
is not reasonably possible for him/her to vote during off hours.
Section B. Pre nanc Leave. A pregnant permanent employee
shall be entitled to a eave o a Bence without pay if she is disabled
as a result of pregnancy or related cause at the exhaustion of other
accumulated leaves. All employees requiring such leave shall notify the
Department Director prior to the anticipated date of birth and should be
able to substantiate their condition by a doctor's statement. Employees
may work during pregnancy if health permits.
Those granted leaves under this section shall present doctor's
statements as to pregnancy disability and recovery therefrom. Within
seven (7) days following birth, miscarriage, or abortion the employee
shall advise the City of the date by which she will return to work.
Unless the employee returns to work by such date, or any other date by
reason of extension granted by the City, the employee will be considered
to have voluntarily resigned or retired.
An employee who takes leave pursuant to this section shall return to
work as soon as she is medically able.
Section 9. Union Business Leave.
Any employee elected to office in the International American
Federation of State, County and Municipal Employees shall be
granted a leave of absence without pay for a period not to
exceed one year. Such leaves shall be granted to not more
than one City employee in Local 183 at any one time. An
employee desiring such leave shall give thirty (30) days
notice to the City.
Leave of absence without pay to attend and serve as a delegate
to conventions and training conferences relating to the Union
shall be granted to not more than three (3) City employees in
Local 183 in any one calendar year. Not more than five (5)
days may be taken by any one employee under this section.
Employees seeking such leave shall present certification in
writing of their selection by the Union to act as a repre-
sentative to a specified conference at least ten (10) working
days prior to the time they wish to be absent.
ARTICLE XIII
SENIORITY
Section 1. Seniority shall mean length of continuous service with
the City. It shall begin on the date of employment and become applicable
immediately following completion of a probationary period of not more
than six (6) months in a permanent position, unless extended in writing
due to unusual circumstances.
An employee will lose seniority rights upon resignation, discharge for
just cause, retirement, death, or layoff for more than two (2)
years.
Seniority shall accrue during all paid leaves and during periods which
a member is assigned a classification outside of the bargaining unit. If
1 a e of absence without pay as a result of
an employee is on e v
temporary disability as substantiated by a doctors certificate or for
on-the-job injury, seniority will accrue indefinitely. An employee will
accrue seniority while on leave without pay or layoff for one (1) year
16
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or for a period equal to the length of time worked if less than one
year.
In the event that two or more employees have an identical seniority
date, the order of their seniority shall be determined by the alphabetical
order of last names. of
The City will maintain a seniority list
thshowing
e list athe
length
able the
continuous service and will make a copy
of Union each six (6) months.
Section 2. Probation. The initial probation period of permanent
appointments will be s x continuous months.
The probationary period may be extended in writing because of unusual
circumstances. Probationary
employees are entitled to all benefits of
this contract with
1. They may not grieve any disciplinary actions taken against
them.
2. They may not bid on other jobs (except for promotions).
If an employee has worked as a temporary City employee prior to
appointment to a similar permanent position, the temporary time worked
may be credited toward completion of probation if it is applicable
experience.eriod will be shortened to
For such employees, the probationary p
reflect credit for temporary time worked. The
lennthpof probation will
be specified in writing in the permanent app
Section 3. Use of Seniorit . An employee who has successfully
completed an initialty proat on period of six months may exercise
seniority as follows:
a.aransfer Wroceduescribesxthetpositioncase
for permanentnjobccircumstances,
openings
will be posted on administrative and departmental bulletin
boards for not less than five (5) working days. During this
period, employees who wish to apply for the position may do
so. The City will provide a written form for application
thecdayustatedrone
the ecivednotice in easethe nclosnel ing idate. ce by 5if currentn
or laid off compete witheothereemployee es are uapplicants for alifed for the the position.osition may
Step I. If qualifications including skills, abilities, and
withrthecgreatest sof the eniorityswill be are offered the uaJobtfirstPloyee
Step II. If the qualifications of current employees are
marginal but equal to if is filled.
applicants they will be offered
the
If an employee feels that seniority has been ignored by the City,
he/she may request the reason for his/her rejection for the position in
writing, and the written reasons will be given.
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b. Reduction in Force. Reductions in force will be by departmental
1vis7ion ao�cc�fcr fng to seniority in the jobs affected with the
person having the least seniority within classification to be
laid off first. The City will give five (5) days notice to
employees who are to be laid off except in an emergency. Temporary
employees within classification (who are by definition without
seniority) will be laid off prior to permanent employees. The
City will consult with the Union as far in advance as possible
prior to a contemplated layoff in order to provide the most
equitable treatment to employees who are to be laid off.
1. The city will attempt to accomplish reduction in force by
attrition.
2. An employee whose job is to be eliminated may be transferred
to vacancies within the department.
3. If no vacancies exist the employee being laid off shall bump
the employee with the least seniority in a position in their
department or bargaining unit for which they have the seniority,
proper credentials, including prior recorded experience, and
the ability to perform the duties of the job under normal
supervision.
C. Recall from La off. The names of permanent employees laid off
sha 1 e p aced on a re-employment list for the jobs affected in
the layoff. Such persons shall be eligible for re-employment in
reverse order of layoff in the job from which they were removed
for a period of two (2) years, provided that they are still
qualified and able to perform the job. Employees may apply for
vacancies in the City in titles other than those affected by the
layoff during the period that they are on the recall list while
maintaining their option to return to the job from which they
were laid off.
When an employee is notified by ordinary mail to last known
address to return to work, he/she must make arrangements to
ortbenremovedto kfromhtheereacmalliate listSupAnvisor employeehin on the
list
list will accrue seniority pursant to Section 1 of this article
and will be entitled to exercise seniority accrued prior to
layoff after their returning to work.
d. Preferred Shift. Employees may use seniority to bid on a preferred
sft or transit run provided a vacancy exists. The use of
seniority in library scheduling, if any, will be the subject of a
separate letter to be negotiated at a later date.
Section 4. Trial Period.
A. Em to a°iotransferred
remployee
be granted
up to
Ys to terminehe/shewantst continue n hepositontowhich
employee/desires utoadolso, he/she rmay returnrtoed. If uin9theepreperiodotion
viousposition,
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B. City Option. The length of the trial period for a person who is
tra— nsferring to another position within the City will be adapted to
the type of job, length of City employment and similarity to previous
jobs, but will not be longer than forty (40) working days except by
agreement between the City and the Union. A transferred employee
agrees not to initiate another transfer for six (6) months. This
limitation on voluntary transfers does not apply to promotions. If
the employee's performance is unsatisfactory at the end of the trial
period, they may return to their previous position or a similar
vacancy.
Section 5. Com ensati2n after Transfer. When an employee transfers
to another position wit in tie same ora lower range he/she shall move to a
step and rate of pay within the range of the position transferred to with
pay to be determined on the basis of relative skills, abilities, experience
and seniority. When an employee transfers to a higher range his/her pay
shall fall within that range and in no event will be less than one step
higher.
Section 6. Transit�Seno�rity. In the event two or more transit drivers
have identical seniority dates, the order of seniority for selecting transit
runs shall be determined by lot.
ARTICLE XIV
DISCIPLINE
Section 1. Purpose. All parties of this Agreement recognize that
a certain amount ofisd clpline is necessary for efficient operation of the
City and the City has rights and responsibilities under law in providing
services in an efficient manner. These certain penalties for infractions
are agreed upon by the parties as a mode of operating and are not intended
to limit the management rights of the City as explained in Chapter 20 of
the 1975 Code of Iowa. Disciplinary actions against employees will be
taken for just cause. Appeal of disciplinary actions shall be by permanent
employees and shall be through the grievance procedure set forth in this
Agreement.
Section 2. The goals of progressive discipline are to correct
behavior and produce efficient City operations rather than merely to punish
wrongdoers. Disciplinary actions or measures shall ordinarily be invoked
in the order listed;
a. Oral reprimand or warning
b. Written reprimand or warning
c. Suspension with loss of pay
d. Discharge
Section 3. Serious violations may be dealt with by any of the
above disciplinary measures on the first offense. Permanent employees
shall have the right to take up a suspension or discharge at Step 2 of the
grievance procedure.
Section 4. An employee may request the presence of a steward at
the time of discipline. The steward may request a copy of the oral or
written warning at that time. A copy of suspension or discharge will be
forwarded to the chief steward.
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ARTICLE XV
INSURANCE
Section 1. Medical insurance. The City will provide the health
insurance policy current y provideprovideG TUr employees and eligible dependents
if applicable. A pro rate share of the cost of the premium will be paid
for part-time employees.
Section 2. Life insurance. The City will provide a term life
insurance policy for emp oyees the face value of which is an amount
equal to the next even thousand dollars greater than annual salary.
e.g., If an employee's annual salary is $8,834, the face value
of the life insurance policy is $9,000.
In the policy currently provided coverage does not become effective
until ninety (90) days after employment.
ARTICLE XVI
SAFETY
Section 1. polic The City and the Union recognize the
importance of the personal safety of individual employees on the job and
recognize that in the routine course of work employees are subject to
risks.
Section 2. Standards. Employees shall not be required to work
in areas or to operate equipment which is a hazard to themselves or the
public. Periodic training in safety matters will be provided to employees
who engage in hazardous work. Employees will have access to protective
gear required by law. Employees will handle property and equipment of
the City with due care appropriate to the nature of the work and equip-
ment employed.
Section 3. Notice of Defect. Employees who operate equipment
shall , during
nttwiatepervisor
rsudefect
noticedbyhim/her in said quipmentothe rtmedi
Section 4. 5 ectal Grievance Procedure. If an employee is
requested to work in a ocat on or w t equ pment which presents an
imminent personal hazard to him/herself or others the employee will
report immediately to the Division Superintendent or designee who will
determinhich
employeeeishthenndi�rectedal ntords workninrawlocationlorees withust work. If e
equipment which
is an imminent personal hazard to him/herself, he/she shall file a Step
nt hazardsance willwbehthe processsedrtme hroughithetregularhgrievanceer eprocedure
s over finy
Article XX Section 5. Use of this procedure to create unnecessary
delays will result in disciplinary action.
Section 5. Safet Committee. The Union shall select two (2)
City employees as representat ves on the City Manager's Safety Committee.
5.
20
MICROFILM BY
JORM MICR+LAB
iil;A;, Ix.: ..;I
m!LR0fIL;1LD BY JORM MICROLAB CEDAR RAPIDS AND UES MUIMLi, !UvJi
ARTICLE XVII
PERSONNEL TRANSACTIONS
Section 1. Employees shall receive a copy of payroll trans-
actions, performance evaluations, and other documents which will be used
for purposes of promotion, evaluation or discipline. The employee's
copy will be forwarded at the time it is placed in the file.
Section 2. Under the supervision of an employee of the Human
Relations Office and during normal business hours, employees shall have
access to their personnel files including the right to copy the contents
of the nse. An
attach their own
documentlinee shall have the right
his/her personnelfito
le,
Section 3. Oral and written warnings for minor infractions which
are over twelve (12) months old at the time of the regularly scheduled
the
performance review will be removed from an employee's file, provided
problem has been corrected or there has been substantial improvement toward
correction.
ARTICLE XVIII
CLOTHING AND EQUIPMENT
Section 1. Employees who are required to wear special uniforms
will be provided with such uniforms. Cleaning and maintenance will be
paid by the employer. Outerwear, including hats, jackets, and coats,
will
t ldnot be
eoprovided,
except I -or Parkprovided. Attendants. Gloves
for
from
ld
Section 2. The employer will provide required protective
clothing, or protective devices, including one half (1/2) the price of
an initial purchase of safety shoes to maximum of $20.00 and an amount
of $15.00 shall provideannually thfull costfor the rOflsafetytof such Prescriptiones. The employee
glasses.
ARTICLE XIX
RECOVERY AND.REHADILITATION PROGRAM
Section 1. Voluntari Referral Service. The City will provide
where possible a voluntary re erra sery ce or employees with personal
problems. Employees who suspect they may have a work problem even in
the early stages are encouraged to seek treatment or counseling. All
such requests and/or referrals in Section 3 for service will be trealoees
ted
in aem
in obtainingntial neededaservices vifytheyevoluntarily request sucht will be made tosassistance.
Section 2. Problem Drinkin . In the interest of providing
efficient services to t e pu tc the City recognizes that employee
alcoholism can and should be treated. Educational materials on problem
drinking may be requested from the Human Relations office. All bargaining
unit employees are eligible for treatment and rehabilitation for alcoholism
or problem drinking through the City's referral service and other avail -
21
dICRO[1 L14111 BY
DORM MICROLAB
r•j1LRUFILK D BY JORM MICROLAB • CEDAR RAPIDS AND DES MUINLS, i0&,
able Community resources. Alcoholism as an illness is not a cause for
discipline and every attempt will be made by the City and the Union to
assist employees with drinking problems to obtain needed assistance.
Rehabilitation assistance will be offered, but if ,job performance is not
raised to an acceptable level disciplinary action will be taken.
Section 3. Procedure. Supervisors who identify work problems
or stewards who idents y personal problems may refer employees to the
Human Relations office for assistance in obtaining educational and
rehabilitation services for alcoholism or other personal problems which
influence performance. Nothing in this section relieves employees of
responsibility for their conduct on the job.
ARTICLE XX
GRIEVANCE PROCEDURE
Section 1. Definitions. The word "grievance" wherever used in
this Agreement shall mea` dispute between the City and the Union or
any employee with regard to the meaning, application, or violation of
any of the terms and provisions of this Agreement. The word "working
day" shall be defined as any day except Saturday and Sunday for purposes
of this section.
Section 2. Representation. An employee who is a member of the
bargaining unit covere by t is greement shall have the right to be
represented by a steward at any grievance hearing or at any step of the
grievance procedure, if he/she chooses. Employees are also entitled to
representation by a steward at disciplinary conferences. Stewards will
not attend other conferences between supervisors and employees except
with the supervisor's approval.
The Union will certify the names and addresses of the designated
stewards to the City Human Relations Director.
The City will compensate not more than one employee steward for the
investigation of a grievance. If a second City employee has a special
office in the Union handling grievances, that employee may request
released time from his/her supervisor, and permission to work on the
grievance will not be unreasonably withheld, but the City will not
provide compensation for time spent. Any stewards who are City employees
shall be released from work for not more than two (2) hours in one work
week to work on grievance resolution. The employee will obtain per-
mission from the immediate supervisor before investigating the grievance,
but such permission will not be unreasonably withheld. Released time
under this section is limited to grievance resolution.
Supervisors and stewards agree to handle disciplines and grievances
with discretion.
3.
Section
hereinafterprovided, t-shaonshaveUnoefurtherivalidityrevance sorpeffect.asTime
limits may be extended by mutual agreement of the parties. Any monetary
award or compensation arising out of the resolution of a grievance is
limited to the period of time sixty (60) days prior to the filing of the
grievance regardless of the length of the practice giving rise to the
grievance or the employee's lack of knowledge thereof.
Section 4. Process_ A grievance that may arise shall be
processed and settled in the following manner:
22
141CIZOFIWED BY
+ JORM MICRALAB
M1LRUFILNED BY JORM MICROLAB
CEDAR RAPIDS AND ULA MOIHL), WAA
Sts ep 1, The grievance shall be presented orally for discussion
between the employee grievant, the steward if the employee chooses
to be represented by a steward, and the employee's immediate
supervisor within five (5) working days after the knowledge of the
event giving rise to the grievance. The date of the oral pre-
sentation of the grievance shall be certified in writing. The
supervisor shall deliver the answer verbally to the aggrieved
employee or steward within five (5) working days after the Step 1
conference. If no response is received from the supervisor within
five (5) working days the grievance will be processed pursuant to
Step 2.
Step 2. If the grievance is not resolved by Step 1, the aggrieved
employee or his/her steward (if applicable) shall, within five (5)
working days following completion of Step 1, present three (3)
written copies of such grievance signed by the aggrieved person,
two (2) to be filed with the Department Director or designated
representative and one (1) to be filed with the Union. For Library
employees the grievance must be filed at this Step with the Library
director or designee. The written grievance shall contain a
statement from the employee of the facts and section of this
Agreement grieved and specifying what relief or remedy is desired.
The grievant and steward shall include on the written grievance
their names and the addresses to which they wish a response to
be sent.
The grievant, steward and department director shall meet in
an attempt to resolve the grievance.
The Department Director or Library Director shall, within a
period of five (5) working days investigate and document the
grievance and issue a decision in writing thereon to grievants and
steward,if applicable.
C. Step 3. A grievance not resolved by Step 2 shall be submitted to
t eCity Manager or his/her designee within ten (10) working days
of the date of receipt of the written decision referred to in Step
2. A meeting between the parties may be held if requested in writing.
The City Manager will investigate and respond to the grievant and
steward within ten (10) working days.
Arbitration. Grievances not resolved at Step 3 of the Grievance
Procedure may be submitted to a third party for arbitration. A
request for arbitration must be submitted by written notice to the
other party within ten (10) working days following receipt of the
City Manager's decision at Step 3. Copies of any such request will
be furnished to the City and to the Union.
The cost of arbitration and recording the same shall be
divided equally between the parties to this Agreement. The cost of
a certified court reporter, if requested by the arbitrator, shall
be divided equally between the parties. Each party will pay for
the cost of its own case preparation and for expenses of witnesses.
The arbitration proceeding shall be conducted by an arbitrator
to be selected by the City and the Union within five (5) working
days after notice has been given. If the parties fail to select an
arbitrator, a request by either or both parties shall be made to
the Federal Mediation and Conciliation Service to provide a panel
of five (5) propective arbitrators. Both the City and the Union
23
MICROI ILMED BY
JORM MICR46LA6
i.
"Al ill
,01':. .
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINL;, IGWA
shall have the right to strike two names from the panel. The party
giving notice for arbitration shall strike the first name; the
other party shall then strike one (1) name. The process will be
repeated and the remaining person shall be the arbitrator.
The arbitrator shall have the power to interpret, apply, and
enforce this written Agreement but shall have no power to add to,
subtract from, or modify the terms thereof. The rules of evidence
and the nature of conduct required during the arbitration hearing
shall be in accordance with all state and federal legislation,
applicable rules and regulations.
The decision of the arbitrator shall be issued thirty (30)
days after conclusion of the hearing and shall be final and binding
upon the parties.
The parties of the grievance, their witnesses and representatives
shall have the right to be present at the grievance arbitration in
addition to the arbitrator. Other persons may be present at arbitration
hearings as the parties may mutually agree. Either party shall
have the right to record the evidence presented at the arbitration
hearing. Arbitration hearings shall be closed to the public and
evidence taken shall not be revealed to any third party until such
time as the decision of the arbitrator is made unless parties agree
otherwise.
Section 5. Labor -Mann ement Committee. The Labor -Management
Committee shall consist o tie persons esig an ted by the Union and the
City. Not more than four (4) bargaining unitemployees may be excused
to attend
imaheld
9hours
ommisentatives or agents
of the parties y bepresent at grievance tteemeetings.
Meetings shall be no longer than two (2) hours in length unless
extended by mutual agreement and shall be scheduled to alternate between
the working hours and non -working hours of the labor members.
The function of the Grievance Committee shall be to meet and confer
monthly with the City during the life of the contract for the purpose of
adjusting pendinggrievances and to discuss procedures for avoiding
future grievances (including safety matters) provided that:
1. No topics will come before the Grievance Committee which
are proper subjects for negotiations (e.g., new demands,
changed circumstances, requests for new language, etc.);
and
2 Everwithytheenda item appropriatell be Departmenttigated Directoreorrmeeting
designee.
(Public Works -- Division Heads).
ARTICLE XII
PAY PLAN
Section 1. Classification Plan. The classification plan
for bargaining unit employees is attached to this Agreement (See Ap-
pendix A).
24
IdICRUf ILid[D BY
. JORM MICR4�LA13
141l,ROFILMED BY JORM MICROLAB
CEDAR RAPI'JS AND OLS MOINL;, IUWA
Section 2. Merit Plan. The pay plan is based on performance
evaluations and merit. e ity will justify the denial of merit
increases following the employee's eligibility date. An employee who
does not receive a merit increase on his/her eligibility date may file a
Step 2 grievance.
Section 3.Quarterly Adjustment. An adjustment to the salary
of each permanent emp oyee w e made on July 1, 1978, and every three
(3) months thereafter until April 1, 1979. The adjustment is based on
the "Consumer Price Index for Urban Wage Earners and Clerical Workers -
United States -all items (1961=100)," published by the Bureau of Labor
Statistics, United States Department of Labor.
The adjustment shall apply to each permanent employee and shall
consist of one cent (lt) per hour for each 0.4 change in the Index.
The first adjustment to become effective on the first pay check
of July, 1978, shall be based upon the change occuring in the Index
from March through May of 1978. Subsequent adjustments shall be made
quarterly in the same manner. The pay rate will become effective on the
first day of the first complete pay period of the quarter.
The pay plan shall be adjusted by a flat cents -per -hour increase
applied to each employees' base salary.
No adjustments, retroactive or otherwise, shall be made due to any
revision which may later be made in the figures for the Bureau of Labor
Statistics Consumer Price Index for any base month. The pay adjustment
will not exceed ten cents (lot) in any one quarter or forty cents (40t)
in any one fiscal year. in the event that the quarterly increases for
the first four (4) quarters of the contract period are not equal to thirty-
five cents (35t) per hour increase over the April, 1978, wage, the difference
between the first three (3) quarters' increases and thirty-five cents (35t)
will be paid on the first pay check of April, 1979. The same formula will
be used for FY80 (beginning July 1, 1979).
The following table illustrates the increases for the first quarter
of the contract:
CPI COLA
'fess than .4 one
4 It per hour
8 2t per hour
1.2 3t per hour
1.6 44 per hour
And so forth with a one cent (14) per hour adjustment for
each 0.4 change in the CPI.
To illustrate the thirty-five cent (35t) minimum annual increase
paid in the fourth quarter:
25
I41CRon LMCA BY
• JORM MICR6LAS
QUARTERLY INCREASE
SALARY
FROM INDEX
ADJUSTMENT
1st
Quarter
9t per hour
9t
lot
2nd
Quarter
10t per hour
7t
3rd
4th
Quarter
Quarter
7t per hour
6t per hour
9t=35t since July 1
25
I41CRon LMCA BY
• JORM MICR6LAS
MIL,ROIILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOIPIL�), IUAA
Section 4. Pa Plan. Each range of the pay classification plan
will contain six (6) steps A -F). Employees at Step A are eligible for
review and an increase to Step B after six (6) months. Step A will be
determined by the City unilaterally based on market information and other
factors related to the particular job title for which the wage is being
set. Employees on Steps B-E are eligible for review and an increase to the
next step annually. Employees on Step F or those who are outside of the
range are not eligible for step increases.
This section will not operate to adversely affect any employee hired
prior to Council ratification of the Agreement.
Section 5. Equipment Mechanics Sti end. Each of the equipment
division employees w o is requ re to provide a complete set of mechanics tools
will receive fifty dollars ($50.00) on or before July 15 of each of the
contract years of this Agreement.
Section 6. Longevity Pa . Permanent employees who have completed
therequired number of years of continuous service with the City by December 1
shall receive longevity pay on the last pay check in November in accordance
with this schedule:
YEARS COMPLETED
ON DECEMBER 1 AMOUNT
5 years $ 150.00
250.00
10 years 350.00
15 years 450.00
20 years
Employees who terminate will receive a prorata share of the longevity
payment reflected in their final check. The proration will be based on
the nearest whole month of the year.
ARTICLE XXII
AUTHORIZED REPRESENTATION ENTIRE AGREEMENT AND WAIVER
All negotiations or bargaining with respect to the terms and con-
ditions of this Agreement shall be conducted by authorized represen-
tatives of the Union and the City. Agreements reached as a result of
such negotiations shall become effective only when signed by the autho-
rized representatives of the parties.
This Agreement supersedes and cancels all previous agreements and
practices between the Employer and the Union and constitutes the entire
Agreement between the parties and concludes collective bargaining for
its duration. All parties to this Agreement waive each and every right
to negotiate to which they would otherwise be entitled under the laws of
the State of Iowa.
Iowa.
ARTICLE XXIII
GENERAL CONDITIONS
Section 1. This agreement shall be construed under the laws of
9r
mICROP1011) BY
DORM MICRbLAB
IlIL2OFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MOINES, IOWH
Section 2. The City agrees to meet and confer at reasonable
times with the Union on mandatory items to the
fullest
tPextent required
o
by law and to provide to the Union a copy
ity and Regulations and any amendments as adopted by Council. Comments on
rules and the need for revisions in rules and regulations may be discussed
by the Grievance Committee but any new negotiations on mandatory items
or other items will be conducted only by authorized teams in compliance
with this complete Agreement.
Section 3. The City and the Union agree they will not act to
discriminate because of race, creed, color, age, nationality, or political
affiliation unless the reason for the discrimination is job-related or
otherwise allowed by law.
ARTICLE XXIV
DURATION OF AGREEMENT
This Agreement shall be in effect between July 1, 1978, and June
30, 1980, and shall continue from year to year thereafter unless written
notice to change or modify it is served by either party prior to August
15 of the year preceding the expiration date of this Agreement or any
extension thereof.
ARTICLE XXV
SAVINGS CLAUSE
Should any Article, Section, or any portion thereof of this Agreement
be held unlawful and unenforceable by operation of or onlto y ahe specific
tribunal
of competent jurisdiction, such decision shall applY
Article,
rSection
ndeemaii r portion
this Agreereof ment shall rremain ed linnfulliforcetanddecision
and effect. Neither party shall be required as a result of their Agreement
with each other to conduct themselves in a manner which would cause them
to neglect their duties under law or to engage in activities in violation
of the law.
Managif ementptheymshallrbeisions are negotiateddnecessary by the Union or
irtmediately.
27
VIICRDIC ILI4CD BY
JORM MICR+LA6
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DLS MOINES, 10WA
Ranges 1-13
CITY OF IOWA CITY
CLASSIFICATION PLAN
PERSONNEL OFFICE
JULY 1, 1978
Pay Plan to be adjusted July 1, 1978 reflecting quarterly
adjustment. Actual steps to be printed and available
by July 15, 1978.
Pay
Range
N TITLE
l.A Library Aide
1. Clerk/Typist
Maintenance Worker I
Pkg. Enforce. Atten.
Water Meter Reader
Library Clerk
2. Keypunch Operator
Account Clerk
Dupl. Machine Operator
3. Sr. Clerk/Typist
Animal Control Off.
Sr. Library Clerk
Prog. Supervisor I
q. Bus Driver
Police Dispatcher
Maint. Worker II
Transit Dispatcher
5. Library Ass't.
6. Sr. Account Clerk
Maint. Worker III
Treatment Plant Op. I
7. Technical Asst.
Mechanic I
Pay
Range
p TITLE
8. Sr. Maintenance Worker
Electrician
Mechanic II
Rec. Program Supr.
Therapeutic Rec. Spec.
Buyer
9. Lab. Technician
Rehab. Finance Spec.
Sr. Mechanic
Sr. Treatment Plant Op.
Redev/Housing Spec.
Librarian I
10. Plan Checker
Inspector
11. Sr. Engineering Technician
Ass't. Planner
Librarian II
Rehab Construction Spec.
Accountant
12. Housing Rehab Supr.
Sr, Construction Insp.
13. Associate Planner
Civil Engineer
Sr. Librarian
W
14ICROFILMED BY
i
DORM MICRI�LAB
CIDN( KAP1:10 • .AS 1101%,1."
:L%h By JORM MICROLAB
THE AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL #183
/_' �,.•.
,_
/� i ►
I
TEAM MEMBERS
• CLUAR RAPIUS AND 011
CITY OF IOWA CITY, IOWA
BY:
ATTEST:
BY: ( 7i19t4aD lo�R�-7`6
QTR LI UM N EL TIONS DEPT.
LIBRARY BOARD OF IOWA CITY, IOWA
BY:
BY:
29
JO RM MIC ROI A S
At.el
il
I
r
MICROFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND DES MOINLS, 100A
AGREEMENTS/CONTRACTS
Attached are—3 unexecuted copies of
as signed by the Mayor.
After their execution by the second r �•� p y, art T please route -to
e po pto
1) d 604n c-
3)
4)
5)
is to be responsible for
completion of this procedure.
Abbie Stolfus
City Clerk
p, llw
C�t�IL.LCL-
'
6,K �LG'1C..�(/r�G.- C�.�,/i.LG.!/ +-�r�t (� )•LGGcF�
_CC e4,,
ee.,
f• '�Y 141 CROP I L1410 0Y .•I
DORM MICR+LOO
MILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS 140111[-5, 10WA
i
RESOLUTION NO. 78-211
A RESOLUTION AUTIURIZING TIE MAYOR TO EXECUTE AND THE
CITY CLERK RO CERTIFY ON BEHALF OF THE CITY AN EASEMENT
FOR ELECTRICAL LINES TO THE IOVA-ILLINOIS GAS AND F7
TRIC MANY OVER CERTAIN MUNICIPAL PROPERTY.
WHEREAS, on October 21, 1977, the City of Iowa City, Iowa, purchased certain
property for park purposes. Said property being more particularly described in
a Warranty Deed dated October 21, 1977, and recorded in the Office of the Johnson
County Recorder on October 31, 1977, which is attached to this Resolution and by
this reference made a part hereof as Exhibit A, and
WHEREAS, said purchase gave full title in said property to the City subject
to all recorded easements, and
WHEREAS, in 1997 Iowa -Illinois Gas and Electric Company obtained such an
easement over the property for electrical lines, said easement being recorded in
Book 180, page 128, Recorder's Office, Johnson County, Iowa, and
WHEREAS, the above recorded easement does not properly described the location
of the existing electrical lines, and
WHEREAS, it is to the mutual benefit of the City and Iowa -Illinois Gas and
Electric Company for all recorded easements to properly describe the location of the
easement, and
WHEREAS, the City Attorney has negotiated an agreement with Ivaa••Illinois Gas
and Electric Corparry wherein the City shall grant an Easement to said company (said
easement is more particularly described in Exhibit B as attached to this Resolution
and by this reference made a part hereof) in exchange for a Release of Easement to
be executed by Iowa -Illinois Gas and Electric Company of its easement recorded in
Book 180, page 128 in the Recorder's Office of Johnson County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IONA CITY,
IOWA, that:
1. The Mayor be authorized to sign and the City Clerk to certify the attached
Easement as marked Exhibit B.
2. That this grant of easement be effective upon recording of a Release of an
Easement as recorded in Book 180, page 128, in the Recorder's Office of Jchnscn
County.
It was moved by Balmer and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x _
X _
X _
X
' JORM MICR+LA9
/076
IdICROFILMEO BY
i
DORM MOCR46LAB
10[ !:G:I • ;IFS Id0INLS
1,1100FILMED BY JORM MICROLAB
CEDAR RAPIDS AND DLS MUINLS, IUwA
- _-- - FOR THE LEGAL EFFECT OF
OF THIS FORM, CONSULT YOUR
WARRANTY DEED
i;nolu kill Ale,, by 11le5e 3Pregelltg: Thal liedwig.P._Showcrs, ringIe,_.Mary._Jane_C..,
Showers _�ln le aruiRobert Shoger1_,._5i9gle,__..._
9—�--
---
----- in conslderelion'
of the sum of
One Dollar and _other_good_and valuable_consideration_.____..__.___—_.
- -- -
C i ty of Iowa City, Iow, ,
us hand paid do haroby Convey unto ----- -
Grantees' Address: _------ --
the following described real estate, situated in Johnson _ ----County. Iowa, to -wit:
Commencing at the Northeast corner of the Southwest_Quarter of Section 22, Township 79,
rRWest
the
5th
ofsaid Southwest Quartea point ofethe westerly5rlight3of-wayeline aofnSandeRoadt(alsoe
known as the Iowa City to Burlington road), which point is also the point of•beginning;
The
164.101 feeet0on a2156976foot3radiusocurvea concaveysouthwesterly whose 463.Southeasterly
feet 93 foot chord
bears 527045'4211E; Thence 525025'42rIE 266.51 feet on said right-of-way line; thence
S59017%111W, 201.90 feet; thence N25020132"W, 275.31 feet; thence S6200111611W, 606.01 feet
to the easterly bank of the Iowa River; thence northwesterly along said river bank the
following courses: 1419038'15"w, 448.14 feet; thence N1600010111W, 620.49 feet; thence
N16013'06"W, 167.51 feet; thence 1150231011"W, 118.48 feet to a point where the
enortherly
line of said southwest quarter crosses said riv2rr6bank;23 thence
N87051'51"E, 6, 462.72
et
along said northerly line; thence N15008'0511W,
feet; thence N8705115511E, 158.01 feet to the westerly right-of-way line of said Sand Road;
thence'coutheasterly 208.09 feet on'a 669.60 foot radius curve concave southeasterly
whose 207.26 foot chord bears 521011'31"E; the 530005' 211Eyy 590.67 feet to the koh -
of beginning. Said tract of land containing 26.27 acres. it,
It vo
g,.3o
1
And the grantors do Hereby Covenant with the said grantees, and successors in interest, that said grantors hold
said reel estate by title in fee simple: that they have good and lawful authority to sell and convey the some: that
said premises are free and Clear of all Lions and Encumbrances Whatsoever except as may be above stated: and
nd the said premises against the lawful claims of all persons whomsoever,
said grantors Covenant to Warrant and Dela
except as may be above stated.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the
described promises.
Words and ph,.Nt herein including aclno.ledgmenl hereof %hall be conseued as in The singular or plural number, and at masculine
of feminine gender, according to the curtail.
Signed this 91 day of.—Ortnbtr
i�ala.0 u:iuiriu n•: �'• rtu. cm..
STATE OF IOWA. -1 ss.
COUNTY OF )
On this day of ---. 19— before
mo, the undorsignod, a Notary Public in and for said Counly and
Stele, puaonally -printed
Abe
—----���—_--- (Grantors' eddret�J23V
F1
I� Li11;D
to ran Inonn to be the identical pmsom named in and ha
o.eculod the lolegoingg ias rumanl. and nano+lodged Ilial they �� i' � 9
.messed the same as Iheir voluntary act and dead. 1917 OCT I pVL
................. ...... Notary Public in and for said County and star 8 /fir -- _ I11aLIIZIIL��
............................................ fffRRR 114...JJYYJ' ` __— �DI��'1s5(]�i,TR4AN��siri'Ib
'.Q11�'
JORM MICR6LAB
Ile, 1'1.11., tag,, IVT
.m
MMOFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MUIPIES, iOvIA
STATE OF. _.1111nois-___ ^ . _._..__COQf(__._.___000NTY, s
On this_ 6t_._ -day of.—lrf�l. _, 19_77, before me, the undersigned, a Notary Public in and
for said County and said State, personally appeared
to me known to be the identical persons named in and who executed the foregoing
instrument, and acknowledged that they executed the same as their voluntary act
and deed.
Notary Public in and for said County and said $foto
il.'rl C� au. n 11 j l' LtF� ,�,J+ctCa .•f•(./ ,15' /%S�C�,
PIJ10AL SEAL
PMTARIAL SEAL
STATE OF_P.ennsylvania—, —COUNTY, ss:
On this /.i a_, day of- ( 19_'_7 before me, the undersigned, a Notary Public in and
—` Mary J•sne C. Showers
for said County and said $tate, personally appeared
to me known to be the identical persons named in and who executed the. foregoing
instrument, and acknowledged that they executed the some as their voluntary act
and deed.
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_ MARGARCT SCIAINCOTT— County end said $trio
Nooq Pohlic, PhardJah�s, Fnaoade"a' 'Notary Public in and for said
My Commission Exp�ars fall 14. I980
STATE OF IOWA_.. Johnson
On this -� 3-rrf7 day n( ."S(
in and for the State of Iowa, personally appeared
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and deed.
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_ MARGARCT SCIAINCOTT— County end said $trio
Nooq Pohlic, PhardJah�s, Fnaoade"a' 'Notary Public in and for said
My Commission Exp�ars fall 14. I980
STATE OF IOWA_.. Johnson
On this -� 3-rrf7 day n( ."S(
in and for the State of Iowa, personally appeared
FOR THE MAL EFFECT OF THU USE
OF THIS FORM, CONSULT YOUR LAWTSR
COUNTY, is:
, A. D. 19%.% bafnro me, the undersigned, a Notary Public
Iledwig P. Showers
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tills Is offoehed, And aclnowledged that they e.eculod file come ns t air voluntary act and deed. i
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Notary Public in and for the State 01 low
• IOWA STATE BAR ASSOCIATION
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t' MICROFIL14E0 BY
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FOR THE MAL EFFECT OF THU USE
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, A. D. 19%.% bafnro me, the undersigned, a Notary Public
Iledwig P. Showers
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• IOWA STATE BAR ASSOCIATION
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• CEDAR RAPIDS AND ULS nUlliCl, IuvJA
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CEDAR RAPIDS AND ULS NOINLS, IONA
•rl:t'. rl•.tt Otrtn;; :hr r.onth Of Augw�t. 1'":, aL lt:o diruclior ;1f the owner,
•T•a.:•• '.:ndurp-y r
suporvicinn :rf the trar.t of land :hewn harnnn,
,n•,; ,'.k a:p.,neallr•.s of the traeL ac as fnllows t
Cvmro-•"t Inc, rpt tho 6nrthwist rern„I' of the Snuthwust. Quarter of Section 22,
lownship h; North, Rengo West of tho 51.h Principal Meridian; Thence
;3311.116 feet, along the North line of said Snuthwost Uunrter
t.a a Psi•,t on the wretnrly Right-of-wuy iinu of Sand Road (uluo known
as thr fuwd City LO Burlington rohd), whirh Point ir also the Point of
Uuoinnie:,; lhenre+ 5311"05'42"E, 611.13 feet On said westerly Right-of-Woy
linr; Thence nouthrosterly 464.01 feat on a 56(-'7 font. radius curve, concave
sa:tnwautnrly wnnso 463.13 foot chord hours 527045'42"E.; Thence 525025'4711E,
lr.G, 51 fart on silo Right -of -Way lino; Thence. 559017141"U, ?U1,90 feat;
If"err N:•5°?G'3:"W, ,2.75,51 foci; Thunre 510"01'16"W, 606.01 feet to the
,•ustrrly bail, of the lowa River; Thoncn northwesterly along said river bank
tiv I-*;Lrminq roursres; (119°311'1;"W, 4411.14 fact; Thunce N16°(10101"U, 620.49
lent; iro'ncn N111013'Uh"W, 167.51 feet; Thence 115023'04"W, 1111.40 foot Lo a
pw nt ule•tn :hr, nurthrrly line of nAid snutnwost quartnr crosses said riunr
hnnk; Tht.r.cn Nt17°fit'S5"E, 642.44 fontailing nultl nnrthnrly lint., Thence
::1',°Or''h'•"W, :'LL,7'1 fent.; Thenen N5051'55"E, 462.72 root; Thonr_u N87°511551,E,
t.'3.U1 f.ie-t to the westerly Right -of -Way lino of ..aid ;and Bond; lhenee
en„Ihaaatt'tly 2011.11'1 fnat, on a 689.611 fontrndiun nerve concave coutheoetorly
ruin churl bo'Irs 521011'31"E; Ihancn 53(10(15'42"E, 570.67 foot
L••- it.,, Paint. of Bo-,linninq. Sain Lracl or lund cunLalning 26,27 acres.
I t,,rtla:
cea':ify ;hat the. Plat
as shown iu a correct roprosontnt.lon of
' ^_:•; t"•"� •„}7 all corner:; urn
m,;rknd art inairntcc,
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JORM MICR4�LAO
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11100rILi'IED BY JORM 1.11CROLAB
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This eeeemmel 9610"*x
prepared by:
CEDAR RAPIDS AILD UES 1,101rIL�, ;U++A
L -)( A, C17 t�.
IO"LLINOIS OAS AND ELECTRIC CON- -NY
ELECTRIC EASEMENT
,,,g,�, E,,._Cal lahan�,Davenpor,t
Mems--QIY)
(URBAN)
C. O. Ne._._..___._......_..___. .._._...
aly of
The undersigned owner (e),—..The..Cityt..af—Ic�ta_l ity.,...Iotda...---._....__._..............._.._....-----_--•
and the undersigned tenant(s)..............................
............._......... ... _....... ....... ............. ...... ... ............................ _.._........... ._...
......._...---...._...
In consideration of $._.1_00....... , here,y grant(a) to IOWA -ILLINOIS GAS AND ELECTRIC COMPANY,
an Illinois corporation, its successors and assigns, a perpetual right-of-way easement, for the purpose of con-
structing, reconstructing, operating, maintaining and removing lines for the transmission and distribution of
electric energy and for communication and electrical controls, Including the necessary poles, wires, guys, an-
chors and other appurtenances, and to permit the attachment thereto of facilities owned by others, together
with the right of ingress and egress, and the right to trim, cut down and remove such trees, brush, saplings
and bushes as may interfere with the proper construction, maintenance, operation or removal of said Imes, upon,
under, over, along and across the real estate located in the City of ............. .. lowa.-City .............. .............. ...........
Johnson ..........................._...Count Iowa described as Yellows:
Y, ... -..Iowa
A strip of land thirty (30) feet wide, the centerline of which is
described as follows:
Commencing at the Northeast Corner of the Southwest Quarter of Section
22, Township 79 North, Range 6 West of the 5th Principal Meridian; thence
S. 8705115511 W., 330.06 feet along the North line of said Southwest Quarter
to a point on the Westerly Right -of -Way line of Sand Road (also known as
the Iowa City to Burlington Road); thence S. 30005142" E., 611.13 feet on
said Westerly Right -of -Way line; thence Southeasterly 87.20 feet on a 5697
foot radius curve, concave southwesterly, whose 87.20 foot chord bears
S. 29039125" E., to a point on the centerline of said easement, which point
is the Point of Beginning; thence S. 5703212511 W.,.766.96 feet to the
easterly bank of the Iowa River, the termination point.
A survey sketch is attached hereto marked "EXHIBIT A", and by this
reference is made a part hereof.
Corporate Seal
Signed, sealed and delivered this ....... .....%�......... _day of .................. Q ------ ---------------------- 19_19.
CITY OF IOWA CCITYY,,J IOWA
STATE OF___.... �._...... 5..._._,1 as.
8y =` ��f CSI. ✓��Q�rl-G%y�li/r
COUNTY OF._.._�.7^�?-�' lr ygL
i,.__ ...... ....... .............. ....... __.._.._....... _,_......_, a Notary City Clerk
Public In and for the County and State aforesaid, do hereby certify
CORPORATE ACKNOWLEDGMENT
STATE OF...._.._r'_•� l
} en.
County of— —111
On this ...... ._>✓ day of— A. � __...., A. D, iD..%_� before me, n Notary Public In and for
said county Personally appearad_....... . ...... ....._.....__....._.__.__..sod
�.... ......... to me
personally
/known,
/who being by me duly sworn
did may that they are.....respectively, of
that the seal amxed to sold InstrSmont to the Deal of Aid co or I a and that�aa Instrument as signed and
scaled on behalf of Bald corporation by authority of Its octan, en be said.—
onJ._.....L.:r,4....e ..sclmowledgsd the execution of Bald Instrument to be the voluntary acct and deed
If sold corpol4ttlon by It voluntor:ly executed.
(�
(Notarial Seal)
Notary Public In and for ae ounty
T421
JCRM MICR6LA9
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EXHIBIT A
MICROFILMEO BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
-a.._„�* MICROFILM BY
'' JORM MICR#LAB
aOAP F.APT)',, • N.” ann,rS
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MICROFILMEO BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
-a.._„�* MICROFILM BY
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1.11CROFILK0 BY JORM 141CROLAB
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CEDAR RAPIDS AND UES 14UINL�, IOWA
1978 JUL -5 RR 9: 33
� fiECi,itUEit
RELEASE OF RIGHT-OF-WAY 84 JOHNSON Co..10'VIA
WHEREAS, Iowa -Illinois Gas and Electric Company is holder
of a Right -of -Way for lines for the purpose of transmission of
electric energy in certain real estate located in Johnson
County, Iowa described as follows:
Commencing at a point in the public highway
known as the sand road approximately 800
feet South from the East and West center
line of section 22, Township 79 North,
Range 6, West of the 5th P.M., thence
Westerly to the Iowa River along the fence
line established and located on land
owned by the grantors in the South half of
said Section 22
said transmission line to consist of three
poles and wires connecting the same, which
poles are to be located as follows:
One pole 200 feet West of said sand road
One pole 400 feet West of said sand road
and One pole approximately 600 feet West
of said sand road in the West bank of the
Iowa River.
by virtue of a certain instrument recorded August 25, 1947 in
Book 180, Page 128, in the office of the Recorder of Johnson
County, Iowa; and
WHEREAS, the present owners of the subject real estate
have requested that such Right -of -Way be released.
NOW, THEREFORE, in consideration of One Dollar ($1.00)
and other valuable consideration, the receipt of which is
hereby acknowledged, Iowa -Illinois Gas and Electric Company
hereby releases unto the present owners all of its right, title
and interest acquired by the aforesaid instrument, recorded as
MICROFILMCO BY .�
JORM MICR+LA6
t41CROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES 1-I01NES, IOWA
aforesaid in and to that real estate located in Johnson County,
Iowa, and more particularly described as follows:
Commencing at a point in the public highway
known as the sand road approximately 800
feet South from the East and West center
line of Section 22, Township 79 North,
Range 6, West of the 5th P.M., thence
Westerly to the Iowa River along the fence
line established and located on land owned
by the grantors in the South half of said
Section 22
said transmission line to consist of three
poles and wires connecting the same, which
poles are to be located as follows:
One pole 200 feet West of said sand road
One pole 400 feet West of said sand road and
One pole approximately 600 feet West of
said sand road in the West bank of the Iowa
River.
Executed this 30th day of June, 1978.
(�ORpORA-�E SEAQ IOWA -ILLINOIS GAS AND ELECTRIC
�7 COMPANYBy //
President
ATTEST:
Secretary
13,19
141CROrILM[D BY
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141CROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
STATE OF IOWA )
) SS.
COUNTY OF SCOTT )
On this 30th day of June , A. D. 19_78_,
before me, a Notary Public in and for said County, personally appeared
D. R. Stichnoth and J. C. Decker to me personally
known, who being by me duly sworn did say that they are president
and secretary, respectively, of said Iowa -Illinois Gas and
Electric Company, that the seal affixed to said instrument is the seal of
said corporation and that said instrument was signed and sealed on behalf of
said corporation by authority of its Hoard of Directors, and the said
president and secretary acknowledged the execution of said
instrument to be the voluntary act and deed of said corporation by it
voluntarily executed.
II (Notarial Seal)
N
TARIAL SEAS
Notary Pu.11lic in and for said County
3.®
MICROFILMED BY
JORM MICR6LAEI
CCDAR. RAPIDS 5ES 1101 -ILS
• CEDAR RAPIDS AND UES MOINES, IUWA
IOIS GAS AND ELECTRIC COMPANY
DAVENPORT, IOWA
July 10, 1978
:torney
r Civic Center
i Street
52240
Easement; Sand Road
79-6
:ecuted and recorded Release of Right of
I the above.
int granted is recorded in Book 523, Page 143,
The release is in Book 520, page 338.
ponse to your letter of June 14, 1978.
Yours very truly,
7R.E. Calla an
d nd Rights Agent
EAST SECOND STREET, DAVENPORT, IOWA 5780E
MICWILMID By
'1
JORM MICR¢LAB
CEJAK RA; 1,,, - IA!, I�O;IIES
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MUINLS, 10WA
RESOLUTION NO. 78-213
RESOLUTION AUTHORIZING EXECUTION OF LEASE WITH THE
JOHNSON COUNTY AGRICULTURAL ASSOCIATION.
WHEREAS, the City of Iowa City, Iowa, has negotiated a lease with
Johnson County Agricultural Association, a copy of said lease being
attached to this Resolution and by this reference made a part hereof,
and,
WHEREAS the City Council deems it in the public interest to enter
into said lease for the rental of 7,500 square feet at the 4-H grounds
for a price of $350 per month for ten months out of the year; from
September 1, 1978 through June 30, 1979. This will provide covered,
heated storage for equipment from the City Street Division and other
Divisions in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the lease with Johnson County Agricultural Association.
r
2. That the City Clerk shall furnish copies of said lease to any
citizen requesting same.
It was moved by deProsse and seconded by Erdahl
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
_ x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 6th day of June �, 1978.
MAYOR
ATTEST: l L�<u�� �J BECEIVED & APPROVED
CITY CLERK Cp i NT
B T�
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IOWA
OElclal
DAR ASSOCIATION
No. 30(Ti•I='Y•,-1•yl•....._ e41• M 1•.•. seer'
CEDAR RAPIDS AND DES h1UINLS, iOvtA
FOR THE LaOAL IFFECT OF INC use
OF THIS FORM. CONSULT YOUR LAWYER
IV LEASE -BUSINESS PROPERTY
THIS LEASE AGREEMENT, executed in duplicate, made and entered into this 6C day of
19 Wit, by and between Joblicon County Agrim11Lural Ascnriatinn
_ 'hereinafter called the "Landlord")
whose address for the purpose of this lease 1% 951 FedPEal Bldg., P-0- BrX 226 Inwa City
(sled end Number) (City)
Iowa 52240 and
(slate) (Zip Coda)
)hereinafter called the "Tenant")
whose address for the purpose of this lease Is 410E Washington St Triwa City
(Street and Number) (Cdr)
Iowa 52240 WITNESSETH THAT:
(51.1.) (Zip code)
1. PREMISES AND TEEM. The Landlord, in conudomtion of the rent, herein reserved and or the ag9reement, and conditions hard -
contained, on the part of the Tenant to be tope and performed, lease, unto the Tenant and Tenant haroby0hf15011 lentos from Land.
lord, according to the Term, and provision, heroin, the following described real estate, situated in J
County, Iowa, to wit:
50' x 150' barn known as the swine barn at the Johnson County
4-H Fairgrounds on Highway #218 equipped with natural gas
burning heaters.
with the improvements thereon and all rights, oasemanl, and appudenanco, thereto belonging, which, more par401'6&cludes the space and
promises at may be shown on "Exhibit A", if and as may be attached hereto, fore term of I ten 1100th Fasts, commenclag at Old.
�jJ�.—day of September
nlghlof the day previous to the first day of the leers term, which (hall be on the lune
19 7'—• and eudiuQ of midelgk on the lest day of Iha lease term, which shall be on fbe a0th day o1
19 /9 upon the condition that the Tenant pays rant therefor, and otherwise performs at in this lease provided.
2. Rental to be paid for 10 9
rymoni0n two payments:
1979 - $1750
Z. RENTAL Tenant agoras to pay to Landlord as rental for sold Term, as follovrsl $ 350.00 _
per month, In advance, The first rent payment beeomlao due upon
Strike (a) The aaecuflon of Als IIvawi or
one ifrYxfSXXXXXXiii(a�I•YC`XX%%%%%%XXXXYVYY%%Xjs(YVYYVY
and the samemounf. por month, In advance, an The day of each month theroafter, during The term of this leas*.
In additionato the above monthly rental Tenant shall alto pay:
for all utilities used by the Tenant.
All sums shall be paid at the address of Landlord, as above dedgnated, or at such other place in Iowa, or elsewhere, be the Landlord
may, from time to time. proviously designate in writing.
Delinquent payments shell draw inland at 9 °� per annum from Ire due dato, until paid.
J, POSSESSION. Tenant shell be entitled to possession on the first day of the term of this radia, and shall yield possession
ableetoLndlod at the agiver possession eeent idte of date,he close Tenanl Tenant's Ibis onlylsaid damagees chair be at as herein oihomhe roballnq of the pros rater Should Landlord be *n -
rental.
4. USE OF PREMISES. Tenant covenants and agrees during the term of this lease to use and to occupy the loosed promisee Only for
For restrictions on such use, tee paragraphs 6Ia). 6(d) and I I (b) below.
s, QUIET ENJOYMENT. Landlord covenants that its estate in said promise, II
and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tonanl to be performed m provided
in this lease, shall and may peaceably have, hold and splay the damised premises for the term of this lease free from molestation, eviction
or disturbance by the Landlord or any other persons or legal entity whalacover. IEut nae paragraph N, below,)
Landlord. shall have the right to mortgage all of III right, title, Inlerad In sold promises at any time without notice, subject to Ibis lease.
6. CARE AND MAINTENANCE OF PREMISES. Is Tontine taker sold premises to their present condition o.cept for loch
repnin and ellerolions at may be erprassly herein provided.
c-""" 'a"
MTM l.w 1••• �r wl•Il.n —.rW or•^r
X-IPa1 , 1. •„nl• I••✓.•e IM.wW)^^^.ui�.. , •n tl•.•r l:.: n , • • I•n...
/
n •n•..IIM+1
JORM MICR�LA6
z
IAICROFil-MED BY JORM MICROLAB CEDAR RAPIDS AND ULS MO1NL3, 101JA
(b) LANDLORD'S MITY OF CARE AND MAINTENANCE. Landlord will leap 11- nmf. 1,.cl... I pa• .d the floor, want and other true-
lural part, of the bu;lu •• ;. ;n good Ap,;r,
l�
(c) TENANT'S DUTY OF CAR D MAINTENANCE. Tenant shall, after lakinq post, of .;J premi,as end until the wrininelion
of this lento and the actual removal b,.,., the promises, at it, own expense, cam for and maintain said prem;ms in a reasonably are end service•
able condition, o,eepf for structural parts of the building. Tenant will furnish its own interior and arterior decorating. Tenon) will not permit or
allow mid promises to be damaged or doproc;atad in value by any act or negligence of the Tenant, its agents or emph yoos. Without limiting
the generality of the foregoing, Tenant will make necessary repairs to the sewer, the plumbing, the wafer pipes and electrical
w•Irlog, except as follow':
and Tenant Agrees to keep faucets closed so at to prevent waste of water and flooding of promises; to promptly lobe care of any lealago ar
stoppage in any of the water, gas or waste pipes. The Tenant agrees to malntala odoquato heat to prevent freasing of pipes, If and
only If the other forms of this (case fix responsibility for hoofing ui,on the Tenant. Tenant at its own expense may install floor cover.
Ing and will maintain such floor covoring in good condition. Tenant will be responsible for the plate glass In the windows of the
leoaed promises and for maintaining the parking area, driveways and sidewalks on and aboHlag the leased promises, If the
leased promises Include the ground floor, and If the other forms of this lease Include promises so described. Tenant shall make
no sfrecloral alterations or Improvemowis without the written approval of the Landlord first had and obtained, of the plans
and spoclficallans therefor.
(d) Tenant will make no unlawful use of said premites and agrees to comply with all valid regulations of the Board of Health. City Ordi•
nencet or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be construed as
creating any duty by Tenant to member of the general public. If Tenant. by the form, of this lease is testing prsm;tet on the ground
floor, it will not allow trash of any kind to accumulate on raid pmrrimt in the halo. If any, or the alley or yard in front. side or ra., thereof,
The Tenant will not be responsible for snow removal.
7. (e) UTILITIES AND SERVICES. Tenenf, during the form of this lease, shall pay, before del;nquency, all charges for use of tale
phone, water, sower, gas, heat. (if heating is Tenant's responsibility!, oloclric;ly. powor, air conditioning (if air conditioning is the Tenant's
responsibility(, garbage dkpotal, fresh disposal and not limited by the forogo;ng all olker u1;li0as and mrvicat of whatever find and nature
which may be used in or upon the domised promises.
Payment for electricity used by the Tenant will be made July 1 to the Landlord for the
previous ten month period.
(b) AIR CONDITIONING equipment shell be furnithad at the expanse of npi thpr and maintenance thereof at
(Landlord or Tenant)
the wponse of
(Landlord or Tenant
(c) JANITOR SERVICE shall be furnished at the expense of _ npi thfir
(Landlord or Tenant(
(d) HEATING ,hall be furnishad at the mpenm of Landlord wilh tenant responsible only for natural
(Landlord or Tenant(
gas expense of heating.
B. (a) SURRENDER OF PREMISES AT END OP TERM—REMOVAL OP FN[TU RES.' Trineolmgrees that upon Ike Iarmino0on of ih;,
r' lease, if will surrender, yield up and deliver the leased premises in good end clean eonclWon, accept the effects of ordinary w pr and qe end
doprecia0on arising from lapse of lima, or damage without fouh or liability of Tenant.%�ENd(k1kN(N.(-0jx-0h8xx16KR+tlN,Xpf (JeeL� bel Ow)
(b) Tenant may, at the expiration of the farm of this lease, or renewal or ronewals thereof or at a roatonabla time thereafter, if Tenant it
not in default hereunder, remove any fidures or equipment which told Tenant hos installed in the leased premises, providing mid Tenant repairs
any and all damages caused by removal.
Ic) HOLDING OVER Continued possession, beyond the expiratory dela of the farm of this lease, by the Tenant, coupled with the
receipt of the specified rental by the Landlord land absent a written agreement by both parties for an oclens;un of this 105%8, or for a new
lease) shall comtilule a month to month extension of this lease.
9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the promises or any port thereof, with.
out the Landlord's written permission shall, at the option of The Landlord, make the rental for fire balance of the lease form
due and payable of once, Such written permission %hell not be unreasonably withheld.
10, (e) ALL REAL ESTATE TAXES, except at may be othorwise expressly provided in this paragraph 10, levied or assasted by law•
ful euthodfy (but reasonably praseMnq La d', rights of appeal( against said real property shall be finely paid by the parties in
If,
following in,coc Nonr: by Landlord _11111_%: by Tenant %.
(b) Increase in such taxes, except as in Ike roil paragraph provided, above the amount paid during the bare year of
(base year If and as may be defined in this paragraph( ;hell be paid by Landlord, leo %; by Tenant %.
Icl Increase in such ferns caused by Improvements of Tenant shall be paid by Landlord —lull_%; by Tenant %.
(d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay all taxes, atseumenh or other public charget levied or stressed by
lawful oulhor;ty (but reasonably pra,erving Tenant's rights of appeal) against ill personal properly on The pnmitet, during the Term of IMt
lea,e.
Is) SPECIAL ASSESSMENTS, Special auoumenh shell be timely paid by the parties in the following proportions: by the Landlord
Inn %; by the Tenant%..
See paragraph h27
11. ..INSURANCE. (a) Landlord and Tenant will each loop Its respective properly inferedt in Ike premises and Its liability in rn e
thereto, en sweat properly on the promises, reemnably insured against harards and casualties; that is, Fire end those item' cov,
red 6y axfendod so, • end Tenant will procure end dol;ver to Ilia Landlord a cerlifice Non from the respaclive inter companies to
Thal effect, Such insurance s Bye mode payable l0 1he parties hereto et Ihoir inler.tlt may appear, accept thgU ananl's there of such
insurance proceeds are hereby al.1, dro mode payable to The Landlord to secure rant or other obligellenfkhon due and owing Landlord
by Tenant, IS., alta 11 (a) below)
lb) Tenant will not do or omit the doing of any t
real etl.le hown"ni on the premite, or upon any
Ihh WS., has nr shall 61,. a Ren.
,cx�ar increase the insurance refer in fore. upon the
upon which the Landlord by low or by the term, of
lc) Subrogatlon rights are not to be waive xhsxt`o special provision fs-blto had T e,
(dl Tenant further agreas to enr�r of recommnndal;oni of Iowa Insurance Service Bumnu nn I;nble for and to promptly pay, at if
,sennet rental, any increase in '',alone, rnlot on said pmmitm And on Ike huild;ng of which said promise, err, due to incrnWill rid,
or hands resulting Irnrna�nl't wo of the premise, oklerw;tn Ihnn at herein contemplated end agreed.
(e) NISUR CE PROCEEDS, Landlord shall tnllie and adjust any claim Against any insurance company under its said-pol;ciet of
insure thn pmmimt, and said imurnncn monist ,hall be paid to and hold by she Landlard to bre used in paymenl for cod of ropa`rrrW
reNon of damaged building, it the dndrucsion is only partial. (Sae also I I (a), ebovel
(g)
IdICROFILNED BY
JORM MICR(�LAB
MIL.RUFILMED BY DORM MICROLAB
CEDAR RAPIDS AND ULS MONIL'_,, IOWA
U— INDEMNITY AND LIABILITY INSURANCE. be opt at to any negligence of the Landlord, Arising out of roof and tlreclurel
Paris o(Zhe-Loring, Tenant will protect, indemnify and save harmless the Landlord (torn and against any and all lou. costs. aamusge and
.gmmei ucc$wnud•by or Arising out of, Any ace ono or other occurrence causing or inflicting injury and/or damage -1? An, liaison or
property, happening or do�arie,-epon or about the loosed pronnNos, or dua directly or indirectly to the loneny use or occupancy thereof, or
any part thereof by the Tenant or rt,��on claiming through or under the Tonant. The Tonan�dher covonentt and Agrau that it
will at its own b,poese procuro and ma,ntain�asua`lty end liability insurance in a rotpa sibla company or companies authorized to
d" business in the Stale of Iowa, in amount, not les,�fre lOQD00 �,�.— for any one parson injured, and
i
S500.000 for Any one Ac<ideJ,.antl wlthJ a limits o1 $35,000 for prop•
arty damage, protecting the Landlord against such Alpha da-� ge,. caste or arses on account of injury to any person or part"$,
or to any property belonging to Any porton or fenen by reason of such casualty, ecci�ur h o`er happening on or about the demhod
'wt durlm the term thereof CartiGc� or copies of said policies, naming ilia Landlord andp ,,euro !ding for fifteen 1151 _—
Piano J v \
daJC•noh<e to the Landlord baro,. canco11n6on droll be dollvomd to Ihu Landlord within twenty (20)'n
;-
--��-- -�days from the data of the beginning of the term of this lease. As to insurance of the Landlord for roc( and
teu�parograph II(a) above.
If. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the wont of a �arfial doslrucNon or damage of the
leased promises, which is a business interference. that is, which prevent, the conducting of a normal 6cs;nao operation and which damage ;s
raasonnbby repairable w;Ih;n sixty (60) days oiler ;11 occurrence. this lease %hall not terminale but the rano for the leased prom;ios Atli abate
during the lima of such business interference. In the event of partial destruclian, Landlord shall repair such damages within 60
days of Its occurrence unless prevented from so doing by acts of God, the elements, the public enemy,
strilm, riots, insurrection, government ragulatioes, city ordinanc$, labor, material or transportation shortages, or other causes beyond Land.
lard's reasonable control.
(b) ZONING. Should the toning ordinance of the city or municipality in which this properly is located mala it impossible for Lend!crd,
using diligent and timely effort to obtain necessary permits and to repair and/or wbt;ld so that Tenant it not able to conduct its business
on thatt premises, than such partial destruction %hall be trebled as a total dostructlon as in the nest paragraph prodded.
1c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of ilia Innsed promises Including the park.
Ing area jil a Farling area is a part of the subject matter of this lease) so that Tenant Is not able to conduct its business on the premises ar
the Ihan current legal use for which the ptombas are being used and which damages cannot 6e ropeu.d within sixty 160)
days this lease may be tormhiated at the option of either the Landlord or Tonant. Such termination in such event shall 6o affected by written
notice of one party to the other, within twenty (20) days attar such dostrucNon. Tonant shall turrandm poisassien within
Ian (10) days aflat such notice issuos, and each party shell be rolea sod from ell fu leis, c6l iga tic ns hnwundo r, To nn n
paying rental pro rata only to the data of such destruction. In the event of such lorm;nation of Ihit lease, Landlord of its option, may rebuild
ar not, according to its own wishes and needs.
M. CONDEMNATION. 1a) DISPOSITION OF AWARDS, Should the whale or any part of the demhad premises ba condemned or
lalen by a competent authority for any public or quasi public too or purpose, each party shall be entitled to retain, at its own property.
any award payable to it Or in the event that a single, entire award is made on account of the condemnation, each party will than be on.
titled to Iota such proporl;on of mid award as may be fair and reasonable.
Jul DATE OF LEASE TERMINATION. If the whole of the demised promises shall be to condemned or talon, the Landlord shall nal be
1;061, to the Tenant except and at its rights are prnserved as in paragraph I1(a) above.
15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. 1a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF
DEFAULTS. This leata shall term;nato upon expiration of the demised farm; or if this lease exprostly and in sur;ting prov;dos for Any opt;on
ar aplions, and if any such option is marcimd by the Tenant, than this lease will terminate at the expiration of the option term at forms.
Upon default in payment of rental heroin or upon any other default by Tenant ;a accordance with the terms and provisions of This lease,
this In, in may at
the option of the Landlord be cancelled and forfeited, PROVIDED. HOWEVER, before any such cancellation and far.
faiwte except as provided in 15(b) below, Landlord ,hall give Tenant a written notice %pacifying the default, or defaults, and dating that
this lease will be cancelled and forfoiled ton (10) days after the giving of such notice, unlust such default, or defaults, are
romed;nd within such grace period. ISoe paragraph 22, below.) As an add;tionol optional procedure or as an allernaUva to the foregoing
(and neither oxclus;vo of the other) Landlord may proceed as in paragraph 21, bolow, provided,
(6) BANKRUPTCY OR INSOLVENCY OF TENANT. In the avant Tenant is adjudicated a bonlrupt or in the avant of a judicial sale or
Attar frontier of Tenentl leasehold interest by reason of any bantruplcy or insolvency proceedings or by other operation of low, but not by
death, and such bantruplcy, judicial tale or frontier hes not been vacated or sot aside within len I101 days from the giving of nolico thereof
by Landlord to Tenant, than and in any such events. Landlord may, of Its option, immed;alely torm;nntu this lease, to anter said promises,
upon giving of ton 1101 days' written notice by Landlord to Tonant,
(c) In (A) and 161 above, waiver as to any default shall not constitute a wa;ver of any tubmauenl default or defaults,
(d) Acceptance cl lays. advertising and re -renting by the Landlord upon the Tonanl's default shall be continued only as an effort to mill•
ge!o damage% by the Landlord, and not as an agreement to terminato this lease.
16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the
performance of, or compliance with, any of the terms, eovananls or conditions of ih;% lease, and such default that have continuod for thirty
1301 days after written notice thereof from one party to the other, she parson aggrieved, in addition to all other rom"d;es nnw or hereafter
provided by law, may, but need not, perform such term, covenant or condition, or mala good such default and any amount advanced shall
be rrpe;d forthwith on demand, together will, interna at the rate of 9 _% per annum, from data of advance.
17. SIGNS, to) Tonant shall have the right and privilogo of atlach;ng, affi,inq, pa;nling or esh;b;l;nq signs on Iho leered promh s,
pmddnd only 11) that any and all signs 6411 comply with the ordinance, of the city or municipality in which the properly i% located and the
In., of Iha State of Iowa; 12) such signs thnll not change the structure of the building; (2) such signs if and .hon latest down shall not
damage the building: and (4) such signs %hell be subject to the wr;ltan approval of the Landlord, which approval shall not be unreasonably
w;lhhald.
(6) Landlord during the last A;nely 190) days of this lease, or eooenslon, shall have the r;ghi to ma;nla;n ;n the windows or on the build•
ing or on the promitas either or both a "For Real" or "For Sale" sign and Tonant will permit, at such time, protpacl;vs' tenants or burets to
ostler and $amino Ilia piam;sas.
is, MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or
place any mechan;c s lien or other lien of any Lind or character whatsuaver. upon said promises or upon Anyy building or ;mpro .enont there.
an, "r upon the leasehold intaretl of the Tananl lheram. and notice it hereby given that no contractor, tub contractor, or anyone rhe who
may lurnish Any mato,;al, service at labor for any building, ;inrovementi. alleraGon, rope;rt or any part thereof, shell el any time be or bosoms
enillod to any Con thereon, and (at the further security of rho Landlord, the Tenant envonanh and agrees to give actual notice thereof ;r
Advance, to Any and All contractors and tub contractors who may lurnish or agree to furnish any such material. service or labor.
19, LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said Landlord thall kava, in add;t;cn to the lien given by law, a security
interest at provided by the Uniform Commercial Code of Iowa, upon all personal properly and all substilul;on% therefor, taint and used on
tn;d prem;tot by Tenant. Landlord may procend at low or in equity with any remedy provided by law or by Ibis learn for the recovery of ant.
or for larmino Non of this lease because of Tonenl'% default in if performance.
Ib1 SPOUSE. if spouts it not a Tonant, then the emcul;on of this ;nstrumont by the spouts %ball his for the min purpo%n of Unsling a
sorurdy interest on pnnonal property and waiving rights of homestead, rights of distributive share, and exemptions.
20. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. (a) The Tonant shell hove the ;ohl, from lima to lima, during Ilia term
of this lees., or mnown Iharool, to roll or olhorxhe dispute of any national properly of Iho Tonant dtuatnd on the said demiwd promhat,
wl4n in ILA judgment of the Tananl it ,hall have become obso!ale. outworn or unnecessary in connocsion with the operation of the business
on said premises; provided, however, that the Tanent ,hall. in such instance (unless no substituted article or ilom is necettnryj at its own
erponso, subtftul, for such items of personal property so told or olharwbn disputed of. a nnw or other item in substitution ILerool, in Iiia
or greater value and edaptod to the affred oparnl;on of tho butinou upon the dem;tad prom;ml.
I6) llolh6 g Lnruin ttmininnJ 11,611 bis comlmrd Al JAAv:Aq to T.nnnl Iho r;ghf to disposn of invnnloriod marchandho in 0m md;nary
course of the Tn,w% trade or business.
�•.ni�•t sv. rn. Axis 2.��++„o.
n „ m . ......... .....n ....n a ........ a ,.,.,,.n,,.0
171
,•111nW u•mu ur ..�
DORM MICR( LAE!
MILROFILMED BY DORM MICROLAB e CEDAR RAPIDS AND ULS t•IUINLS, IU'WA
71. RIGHTS CUMULATIVE. The varies. rights. p..e,,, options, elections and amadins el odh., party. pmv;dad ;n this Tuns.. ,hal"
be canstruod et cumulative and --,no of them as erclm;v. of the that, or e.ahnivo . -,y ,ightt, r.,n.d;., or priorities allowed ,nstnr
party by law, and ,hall in no way cl or impair Iho right of .;that party to pur,uo Any • aqu;tnhto or legal remody to wl,Ieh aithor party
may be entitled as long at Any u..Ault remains in any way unr.mndh,d. unmdd;ed us w•w,<harned.
22. NOTICES AND DEMANDS. Notices as provided for In fhls loose shall be given to the respective partles hereto of
the respective address*, dm;q.Atnd on page una of this loose unless 0hor party notifies the nlbor, in writ;nq, of o ddloronl nddrms. W;16.
owl prejudice to any other methal of notifying n party ;n writ;ng or noting a dumond or .Thor cnmmun.cotiun. w:L mamaga %hall b.,
considered 9;von under the Terms .f this Inose when sunt, eddrosmd As above douganlod, posingo pmpn;d. by registered or sed;ITod m,II,
return receipt requested, by the United Slots mail and to deposNod in it United Stalin mail bre,
23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each And every covenonf and egmemont has.ln con•
In;nod ,hall ..lend to and be binding upon the respoctivu successors, hairs. Administrator,, maculon and astigm of ilia parties hereto; .,Capt
that if any part of this loose is hold in joint tenancy, the mccmior in interest shall be the surviving in;nt hnent.
24. CHANGES TO BE IN WRITING. None of the covenants, providnns. Imre, or Gond;Gam al rid: Inns. to to 1<pl or padarmad
by Landlord or Tenant shall he in any manner mod;f;ed. wai.nd or ahondonad, e,cept by a written ;nstrumont duly signed by the pnrt;e%
and delivered to the Landlord end Tenant. This loose cont.[., the whole agreement of the perflet.
75. RELEASE OF DOWER. Spool. of Landlord, appear% at a party signatory to this lees. solely for the purpoto of relenting dower, or
dhbibutive share, unio,s said spouse is also a co-owner of an interest in the leased premise,.
26. CONSTRUCTION. Word, and phrases here;n, includ;n9 aclnowledgmani hamo(, shell be construed at in the singular or plural
numbeq And at meacuBnn, feminine or mutat gander according to the conl..t.
22. Landlord agrees to assume liability for any and all lass, costs, damage, and
expenses occasioned by or arising out of, any accident or other occurrence causing
or inflicting injury and/or damage to any person or property, happening or done, in,
upon, or about the leased premises, except that Landlord shall have no liability for
any loss, costs, damages or expenses to Tenant or its employees or to Tenant's or its
employees' property incurred by Tenant or its employees in, upon, or about the leased
premises when such loss, costs, damage and expenses are directly caused by the negli-
gence of the Tenant or its employees and the Tenant shall further hold the Landlord
harmless for any loss of Tenant's or its employees' property in the event of fire,
theft, malicious mischief or valdalism.
IN WITNESS WHEREOF, the parties hereto have duly executed this lease in duplicate the
day-arid—year first bo {IyV ,_
��'�LAND SPOUSE LANDLORD
(See paragraph 25) i Cie
:�i! r
TENANT'S SPOUSE �y,�T�j, � �Gh•7y1//
Me paragraph 191b)2 q e,
INDIVIDUAL 1�) q
�•I• STATE OF —
.n
^�•��••� COUNTY OF_
On Ihis —
_,m •o, a Stale. personally
SS.
novo u11 -,
,Say of 19.— ba�oX. he Fdoniq� Viol
to me pa 'tonally known to be the felon Iice I Iso non, named In and who eoculad the with;n and wforogo;ng lost swarms. and
aclnowledgda that they e.eculed the tame as their voluntary act and dead. .
(SEAL)
..... _........... ..... Notary Public in and for said aunty and Sleln
CORPORATION.
STATE OF Iowa l
i COUNTY OF —Johnson_155.
On This 7 M day of i A. D. 197 Ss before mo, the undars;gned a Notary Public In
and for said County end Slate, personally appeared R hfort Vpvpre and _.Abb.T e
StOl fit',—, to me personally mown, who being by me duly swam, did say Bat they are The MayAr
^••WI end City Clerk rmpectively, of laid corporation o,oculinq the
�• .;Ildn and Tangoing instrument. Ilial Ina teal has been procured by Ina laid) corporation; that said instrument was signed land tested( on
.,..,, (Ilia seal afB,ed thereto it the teal of said)
..,. e.. a bnhatf of said corporation by authority of its Board of Direclon: and hal the said Rnhprt R Vpvora and _Abb44—
-StD.LEllS— es such officers aeknmvlodgod the ..eeulfon of mid Instrument to be the voluntary act and deed of said corporelfen
by it end by them volcutarily mecutad.
ISEAL) /z /r rc-r.c-rr_.r,. c
en
._. Notary Public in d (a, told
FIDUCIARY
STATC OF
SS.
COUNTY OF
I
On this
day of
A. D. 19_, before me, the
undersigned, a Notary
Public in
And for said County
in said Stale. personally
appeared
as E,ocutor of
Ilia Estate of
, Deceased, to me known to be the identical person
named In and who
areeulod the
foregoing instrument
and arinewledgod Ihet_ho
o,eculod Ilia tame as the voluntary act and deed of
himself and of such
fiduciary,
(SEAL)
........__--.____..__.�.�.�.._
Notary Public in and for said County
and State
PARTNER
STATE OF
55.
COUNTY OF
On this day of _, A. D. 19_, before me, the undnrugnnd, n IJnlnry Public ;n
and for said County and Stale personally appeared And
to me personally Inown, who, being by me duly twain, did say That he it (they are) members) of the Partnership
eseculing The within and foregoing Instrument and acknowledged that (he)
[they) muculad Ilia same at the voluntary act and deed of told co•pednerls) by (him) (Them) and by said partnership voluntarily meculed,
For acknowlodgmonl as a corpora(o fiduciary
Soo obvarso sido of Court Officor Dood
Official Form No. IDIS.
„--------- _••,.. Notary Public in and for said County and Slate
(+)
141CNUFILM(.0 BY
JORM MICR+LAB
LLMId RSG I. :.i.'. '401':!.:.
r•11CROFILMEO BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA
AGREEMENTS/CONTRACTS
Attached are unexecuted copies of —411 r_,o IT.P A•/3•
L -(n"79 If,.a.-,4'79-2/I 6'/7/-7A
as signed by the Mayor. '
After their executionbythe second party, please route
10
l a L'
n. 3 )
i
4)
to be responsible for
r7
completion of this procedure.
Abbie Stolfus, CMC
City Clerk
J/
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