HomeMy WebLinkAbout1978-10-31 Resolutioni
hI1LI(UtiLMLu BY JORM I.1ICROLAB
CEDAR RAPIDS ACID UE
OCT3 11918
ABBIE STOLFUS
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE CITY CLERK
ISSUANCE AND SECURING THE PAYMENT OF $5,200,000
PARKING FACILITIES REVENUE BONDS OF THE CITY OF
IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY
CODE OF IOWA, AND PROVIDING FOR A METHOD OF
PAYMENT OF SAID BONDS
WHEREAS, the City Council of the City of Iowa City,
Iowa, sometimes hereinafter referred to as the "Issuer", has
heretofore established charges, rates and rentals for services
which are and will continue to be collected as system revenues
of the Parking System, sometimes hereinafter referred to as
the "System", and said revenues have not been pledged and
are available for the payment of Revenue Bonds, subject to
the following premises; and
WHEREAS, Issuer proposes to issue its Revenue Bonds to
the extent of $5,200,000 for the purpose of defraying the
costs of the project as set forth in Section 3 of this
Resolution; and
WHEREAS, the notice of intention of Issuer to take
action for the issuance of $5,200,000 Parking Facilities
Revenue Bonds has heretofore been duly published and no
objections to such proposed action have been filed:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IN THE COUNTY OF JOHNSON, STATE OF
IOWA:
Section 1. Definitions. The following terms shall
have the following meanings in this Resolution unless the
text expressly or by necessary implication requires otherwise:
(a) "Issuer" and "City" shall mean the City of
Iowa City, Iowa;
(b) "Governing Body" shall mean the City Council
of the City, or its successor in function with respect
to the operation and control of the System;
(c) "Clerk" shall mean the City Clerk or such
other officer of the successor governing body as shall
be charged with substantially the same duties and
responsibilities;
(d) "Treasurer" shall mean the City Treasurer or
such other officer as shall succeed to the same duties
and responsibilities with respect to the recording and
payment of the Bonds issued hereunder;
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AHLER9. COONEY. DORWEILER. HAYNIE 6 SMITH. LAWYERS. DEB MOINES. IOWA
14ICROFIL14EO BY
JCIRM MIC R+LAB I
CEDAR RAPIDS • DES MOINES
1987
1,11 uiUr iLMLIJ BY JURM MICROLAB CEDAR RAPIDS AND DES 1C.'I7S. ?Qd.
(e) "System" shall mean and is established and
defined as the parking facilities system of the City
including "off-street parking" as hereinafter described
and "on -street parking" including parking meters located
on and along the City's streets and all properties
acquired or to be acquired from the proceeds of the
1 Bonds or from revenues of the system or made a part
thereof by Council resolution. For purposes of this
i resolution, the "system" is presently made up and
comprised of the following:
The Parking Systems is comprised of on -street
metered parking of 991 spaces and 11 surface lots with
1,168 spaces of which 687 are metered, 107 are permit,
and 374 are attendant controlled. In addition, the
i
Parking Systems owns a property which is under lease.
Three lots will be eliminated as a result of
i downtown redevelopment and parking facilities construction.
A portion of another lot, the size of which is currently
undetermined, will be conveyed and used for parking for
a federally -subsidized elderly housing project.
It is contemplated that the system will acquire
from proceeds of the bonds and other funds the additional
properties following:
i
Ramp "A" - A four and one-half tier parking
structure of precast and prestressed concrete on
the north side of Burlington Street between Clinton
and Capital Streets with a capacity of approximately
900 vehicles.
Ramp "B" - A multi -tiered parking structure
of precast and prestressed concrete on the north
side of Burlington Street between Linn and Dubuque
Streets with an initial capacity of approximately
450 vehicles and designed so as to permit future
upward expansion.
provided, however, that the City may from time to time
by resolution lend or lease to the parking system for
temporary use additional lands or lots which may be
available for temporary use as parking. Such temporary
land or lots may be withdrawn from the system by Council
resolution irrespective of the provisions of Section
16(f) of this resolution which provisions limit and
restrict the manner of disposition of property _
comprising the system. I
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AHLERS, COONEY. DORW EILER. HAYNIE 6 SMITH, LAWYERS. DES MOINES. IOWA
_1CROPILMED BY
' al
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
I
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• CEDAR RAPIDS AMD DE
(f) "Net revenues" shall mean gross earnings
including investment earnings, rentals of any portion
of the system or the properties comprising it, lease
payments, parking fees, and parking charges of any kind
of the system, including by validation, overtime charges
or payments received in any manner, after deduction of
system expenses; "System expenses" shall mean and
include (1) for all off-street parking facilities the
reasonable and necessary cost of operating, maintaining,
repairing and insuring such facilities, salaries,
wages, costs and materials and supplies; (2) for all
on -street parking meters, the repair and replacement of
parking meters, salaries and wages of meter repair and
collection personnel. Capital costs, depreciation, and
interest or principal payments are not system expenses.
(g) "Fiscal Year" shall mean the twelve months'
period beginning on July 1 of each year and ending on
the last day of June of the following year, or any
other consecutive twelve month period adopted by the
governing body or by law as the official accounting
period of the System;
(h) "Original Purchaser" shall mean the purchaser
of the Bonds from Issuer at the time of their original
issuance;
(i) "Bonds" shall mean $5,200,000 Parking Facility
Revenue Bonds, authorized to be issued by this Resolution;
(j) "Parity Bonds" shall mean Parking Facility
Revenue Bonds payable solely from the net revenues of
the System on an equal basis with the Bonds herein
authorized to be issued;
(k) "Corporate Seal" shall mean the official seal
of Issuer adopted by the governing body; and
(1) "Independent Auditor" shall mean an independent
firm of Certified Public Accountants or the Auditor of
State.
Section 2. Authority. The Bonds authorized by this
Resolution shall beis eusd pursuant to Division V, Chapter
364; of the City Code of Iowa, and in compliance with all
applicable provisions of the Constitution and laws of the
State of Iowa.
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AHLE"U, COONEY. Do"W EILES. HAYNIE A SMITH. LAWYERS, DES MOINES, IOWA
MICROFILMED BY ;•I
JoRM MICR+LAB
CEDAR RAPIDS • DES MOINES
a
s;
i
r•I�utUi iblru by JURM 141CROLAD
• CEDAR RAPIDS AMD DE
(f) "Net revenues" shall mean gross earnings
including investment earnings, rentals of any portion
of the system or the properties comprising it, lease
payments, parking fees, and parking charges of any kind
of the system, including by validation, overtime charges
or payments received in any manner, after deduction of
system expenses; "System expenses" shall mean and
include (1) for all off-street parking facilities the
reasonable and necessary cost of operating, maintaining,
repairing and insuring such facilities, salaries,
wages, costs and materials and supplies; (2) for all
on -street parking meters, the repair and replacement of
parking meters, salaries and wages of meter repair and
collection personnel. Capital costs, depreciation, and
interest or principal payments are not system expenses.
(g) "Fiscal Year" shall mean the twelve months'
period beginning on July 1 of each year and ending on
the last day of June of the following year, or any
other consecutive twelve month period adopted by the
governing body or by law as the official accounting
period of the System;
(h) "Original Purchaser" shall mean the purchaser
of the Bonds from Issuer at the time of their original
issuance;
(i) "Bonds" shall mean $5,200,000 Parking Facility
Revenue Bonds, authorized to be issued by this Resolution;
(j) "Parity Bonds" shall mean Parking Facility
Revenue Bonds payable solely from the net revenues of
the System on an equal basis with the Bonds herein
authorized to be issued;
(k) "Corporate Seal" shall mean the official seal
of Issuer adopted by the governing body; and
(1) "Independent Auditor" shall mean an independent
firm of Certified Public Accountants or the Auditor of
State.
Section 2. Authority. The Bonds authorized by this
Resolution shall beis eusd pursuant to Division V, Chapter
364; of the City Code of Iowa, and in compliance with all
applicable provisions of the Constitution and laws of the
State of Iowa.
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AHLE"U, COONEY. Do"W EILES. HAYNIE A SMITH. LAWYERS, DES MOINES, IOWA
MICROFILMED BY ;•I
JoRM MICR+LAB
CEDAR RAPIDS • DES MOINES
a
:•Ii utUFiLi4Lu by JOR4 MICROLAB
CEDAR RAPIDS AND DES
Section 3. Authorization and Purpose. There are
hereby authorized to be issued, negotiable, serial, coupon
Revenue Bonds of Iowa City, in the County of Johnson, State
of Iowa, Series 1978, each to be designated as "Parking
System Revenue Bond", in the aggregate amount of $5,200,000
for the purpose of paying a part of the costs of the acquisition
and construction of additions to the municipal parking
facilities system, including multi-level facilities for the
parking of motor vehicles and related or subordinate uses.
Section 4. Source of Payment. The Bonds herein author-
ized and Parity Bonds and the interest thereon shall be
payable solely and only out of the net earnings of the
System and shall be a first lien on the future net revenues
of the System. The Bonds shall not be general obligations
of the Issuer nor shall they be payable in any manner by
taxation and the Issuer shall be in no manner liable by
reason of the failure of the said net revenues to be sufficient
for the payment of the Bonds.
Section 5. Term of Bonds. The Bonds shall be designated
"Series 1978", shall be dated December 1, 1978, shall be in
the denomination of $5,000 each; shall be numbered from 1 to
1,040, both inclusive, shall bear interest from their date
until payment; payable July 1, 1979, and semiannually thereafter;
shall be payable as to both principal and interest at the
office of the Treasurer, in any coin or currency which, on
the respective dates of payment, is legal tender for the
payment of public and private debts, and shall mature serially
in numerical order in the amounts and in each year and bear
interest at the rate of 7.508 per annum or such lower rates
as may be established at the sale of the bonds:
AHLCRS. COONCY. DORWEILCR. HAYNIE S SMITH, LAWYCRS. DCB MOINES. IOWA
T- )FILMED BY
JoRM MICR+LAB e,I
CEDAR RAPIDS • DES MOINES
4
.iLlWriLMLU OY JORM 141CROLAB
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CEDAR RAPIDS AHO
Principal Maturity
Bond Amount July lst
Numbers
$105,000 1982
1 - 21 $115,000 1983
22 - 44 $120,000 1984
45 - 68 $130,000 1985
69 - 94 $140,000 1986
95 - 122 $150,000 1987
123 - 152 $160,000 1988
153 - 184 $170,000 1989
185 - 218 $180,000 1990
219 - 254 $195,000 1991
255 - 293 $210,000 1992
294 - 335 $225,000 1993
336 - 380 $240,000 1994
381 - 428 $255,000 1995
429 - 479 $275,000 1996
480 - 534 $290,000 1997
535 - 592 $310,000 1998
593 - 654 $335,000 1999
655 - 721 $360;000 2000
722 - 793 $385,000 2001
794 - 870 $410,000 2002
871 - 952 $440,000 2003
953 - 1,040
Section 6. Red T'
tion Prior to Mri ..
al amount o. Bonds f numbered
255 to 1,040, bot inclusive, in the p Issuer at its
$3,930,000 may be called for redemption by
sole option and paid before maturity,990,and on anylinterest payment
to time in part, on July 1, e or from time
1990arI premium of five percent,
date thereafter, at a price of p
such premium reducing by 1/2 of 18 each full year thereafter,
and accrued interest to call datepey , by giving notice by
publication in a legal
eneralacirculation inrinted othe Statelly in of
English language, of g
Iowa, said notice to be published once at least thublisheds
prior to the date of call in a financial journal p
in the city of New York, New York.
less
cthan
all
inverse
f the
bonds are called at any time they shall
be order of maturity and if less than a whole maturity is
called at any time, the numbers of the bonds to be paid
shall be drawn by lot in any reasonable manner.
in
thefied case
Of registered Bonds, notice may be given
by il
to the registered owner at the address shown on the books of
the Treasurer and shall be deemed complete upon mailing.
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AHLERS. COONEY• CIORWEILER. HAYNIE 6 SMITH, LAWYERS, DEB MOINES, IOWA
MICROFILMED BY
JORM MICR¢LAB
CEDAR RAPIDS DES MOINES
i
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ni
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.iLlWriLMLU OY JORM 141CROLAB
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CEDAR RAPIDS AHO
Principal Maturity
Bond Amount July lst
Numbers
$105,000 1982
1 - 21 $115,000 1983
22 - 44 $120,000 1984
45 - 68 $130,000 1985
69 - 94 $140,000 1986
95 - 122 $150,000 1987
123 - 152 $160,000 1988
153 - 184 $170,000 1989
185 - 218 $180,000 1990
219 - 254 $195,000 1991
255 - 293 $210,000 1992
294 - 335 $225,000 1993
336 - 380 $240,000 1994
381 - 428 $255,000 1995
429 - 479 $275,000 1996
480 - 534 $290,000 1997
535 - 592 $310,000 1998
593 - 654 $335,000 1999
655 - 721 $360;000 2000
722 - 793 $385,000 2001
794 - 870 $410,000 2002
871 - 952 $440,000 2003
953 - 1,040
Section 6. Red T'
tion Prior to Mri ..
al amount o. Bonds f numbered
255 to 1,040, bot inclusive, in the p Issuer at its
$3,930,000 may be called for redemption by
sole option and paid before maturity,990,and on anylinterest payment
to time in part, on July 1, e or from time
1990arI premium of five percent,
date thereafter, at a price of p
such premium reducing by 1/2 of 18 each full year thereafter,
and accrued interest to call datepey , by giving notice by
publication in a legal
eneralacirculation inrinted othe Statelly in of
English language, of g
Iowa, said notice to be published once at least thublisheds
prior to the date of call in a financial journal p
in the city of New York, New York.
less
cthan
all
inverse
f the
bonds are called at any time they shall
be order of maturity and if less than a whole maturity is
called at any time, the numbers of the bonds to be paid
shall be drawn by lot in any reasonable manner.
in
thefied case
Of registered Bonds, notice may be given
by il
to the registered owner at the address shown on the books of
the Treasurer and shall be deemed complete upon mailing.
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AHLERS. COONEY• CIORWEILER. HAYNIE 6 SMITH, LAWYERS, DEB MOINES, IOWA
MICROFILMED BY
JORM MICR¢LAB
CEDAR RAPIDS DES MOINES
u uiUi ILi'ILU by JORM MICROLAB
CEDAR RAPIDS AND 'DES
Section 7. Execution of Bonds. The Bonds shall be
executed by the Mayor and Clerk and sealed with the corporate
seal. Interest on the Bonds to maturity shall be evidenced
by coupons thereto attached, such coupons to be executed by
the facsimile signature of the Clerk who shall by the execution
of the Bonds, adopt said facsimile signature appearing upon
the coupons as an official signature. In case any officer
of the Issuer who shall have signed or sealed any Bond or
coupon shall cease to be such officer before the Bond so
signed or sealed shall have actually been delivered or
issued, such Bond may be delivered and issued with the same
effect as though the person who had signed and sealed such
Bond had not ceased to be an officer of the Issuer.
Section 8. Registration. Upon presentation at the
office of the Treasurer of any of said Bonds, same may be
registered as to principal in the name of the owner, on the
books in his office, such registration to be noted on the
reverse side of the Bonds by said official and thereafter
the principal of such registered Bonds shall be payable only
to the registered holder, his legal representatives or
assigns. Such registered Bonds shall be transferable to
another registered holder, or back to bearer, only upon
presentation to said official with a legal assignment duly
acknowledged or proved. Registration of any such Bonds
shall not affect the negotiability of the coupons thereto
attached, but such coupons shall be transferable by delivery
merely.
Section 9. Lost, Destroyed or Mutilated Bonds. In
case any Bona or coupon shall become mutilated, lost, stolen,
or destroyed, the appropriate officers of the Issuer, in
their discretion, may issue a new Bond (with coupons corres-
ponding to the coupons, if any, appertaining to the mutilated,
lost, stolen, or destroyed Bond) or coupon, of like tenor,
amount, maturity and date, and bearing the same or a different
number, in exchange and substitution for, and upon the
cancellation of the mutilated Bond or coupon, or in lieu of
and substitution for such lost, stolen or destroyed Bond or
coupon; or if any such Bond or coupon shall have matured or
shall be about to mature, instead of issuing a substituted
bond or coupon, said officers may pay such Bond or coupon
without surrender thereof. In any case the applicant shall
furnish evidence satisfactory to the officers of the destruction,
theft or loss of the Bond or coupon, and indemnity satisfactory
to said officers; and said officers shall charge for the
issue of such new Bond or coupon, an amount sufficient to
reimburse the Issuer for the expense incurred by it in the
issue thereof.
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AHLERS. GOONEY. OORWE ILL R• HAYN IE! SMITH. LAWYERS. DEB MOINES, IOWA
MICROFILMED BY
' JORM MICR+LAB I
CEDAR RAPIDS • DES MOINES
�L
I
u uiUi ILi'ILU by JORM MICROLAB
CEDAR RAPIDS AND 'DES
Section 7. Execution of Bonds. The Bonds shall be
executed by the Mayor and Clerk and sealed with the corporate
seal. Interest on the Bonds to maturity shall be evidenced
by coupons thereto attached, such coupons to be executed by
the facsimile signature of the Clerk who shall by the execution
of the Bonds, adopt said facsimile signature appearing upon
the coupons as an official signature. In case any officer
of the Issuer who shall have signed or sealed any Bond or
coupon shall cease to be such officer before the Bond so
signed or sealed shall have actually been delivered or
issued, such Bond may be delivered and issued with the same
effect as though the person who had signed and sealed such
Bond had not ceased to be an officer of the Issuer.
Section 8. Registration. Upon presentation at the
office of the Treasurer of any of said Bonds, same may be
registered as to principal in the name of the owner, on the
books in his office, such registration to be noted on the
reverse side of the Bonds by said official and thereafter
the principal of such registered Bonds shall be payable only
to the registered holder, his legal representatives or
assigns. Such registered Bonds shall be transferable to
another registered holder, or back to bearer, only upon
presentation to said official with a legal assignment duly
acknowledged or proved. Registration of any such Bonds
shall not affect the negotiability of the coupons thereto
attached, but such coupons shall be transferable by delivery
merely.
Section 9. Lost, Destroyed or Mutilated Bonds. In
case any Bona or coupon shall become mutilated, lost, stolen,
or destroyed, the appropriate officers of the Issuer, in
their discretion, may issue a new Bond (with coupons corres-
ponding to the coupons, if any, appertaining to the mutilated,
lost, stolen, or destroyed Bond) or coupon, of like tenor,
amount, maturity and date, and bearing the same or a different
number, in exchange and substitution for, and upon the
cancellation of the mutilated Bond or coupon, or in lieu of
and substitution for such lost, stolen or destroyed Bond or
coupon; or if any such Bond or coupon shall have matured or
shall be about to mature, instead of issuing a substituted
bond or coupon, said officers may pay such Bond or coupon
without surrender thereof. In any case the applicant shall
furnish evidence satisfactory to the officers of the destruction,
theft or loss of the Bond or coupon, and indemnity satisfactory
to said officers; and said officers shall charge for the
issue of such new Bond or coupon, an amount sufficient to
reimburse the Issuer for the expense incurred by it in the
issue thereof.
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AHLERS. GOONEY. OORWE ILL R• HAYN IE! SMITH. LAWYERS. DEB MOINES, IOWA
MICROFILMED BY
' JORM MICR+LAB I
CEDAR RAPIDS • DES MOINES
PliwiUr 11-i4Eu BY JURM 11ICkULAB
CEDAR RAPID DE; 11r,^IE`,
Section 10. Form of Bondand Cou on. That said Bonds
and the coupons annexe thereto shall be in form substantially
as follows:
(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF IOWA COUNTY OF JOHNSON
CITY OF IOWA CITY
PARKING FACILITIES REVENUE BOND
SERIES 1976
No. $5,000
KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa
City, in the County of Johnson, State of Iowa, for value
received, hereby promises to pay to bearer hereof, on the
1st day of July, 19 , out of the net revenues hereinafter
described, the principal amount of FIVE THOUSAND DOLLARS,
together with interest on said amount from the date hereof,
until paid at the rate of B per annum, payable on
July 1, 1979, and semiannually thereafter on presentation
and surrender of the interest coupons hereto attached as
they severally become due. Both principal of and interest
on this Bond are payable at the office of the City Treasurer,
in any coin or currency which, on the respective dates of
payment of said principal and interest, is legal tender for
the payment of public and private debts.
This Bond is issued by the City pursuant to and in
strict compliance with Division V, Chapter 384, of the City
Code of Iowa, and in compliance with all applicable provisions
of the Constitution and laws of the State of Iowa, and in
conformity with a Resolution of the City Council of said
City duly passed and approved, entitled "A RESOLUTION AUTHORIZING
AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF
$5,1.00,000 PARKING FACILITIES REVENUE BONDS OF THE CITY OF
IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF
IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS."
For a more complete statement of the basis upon which this
Revenue Bond has been issued and additional Revenue Bonds
ranking on a parity therewith may be issued, a description
of the source of payment of all such Bonds and a statement
of the rights and duties of the Issuer, the rights of the
holders of Revenue Bonds and the modification thereof,
reference is made to said Resolution. This Bond and the
series of which it is a part are issued for the purpose of
AHLERS. CCOONEY. DORWEILER, HAYNIE A SMITH, LAWYERS. DES MOINES, IOWA
141CROFIL14ED BY ,..�
JORM MICR#LAB
CEDAR RAPIDS • DES MOINES
Pi IT<Ui ILi'ILu by JURM MICROLAB • LEDAR RAP IDS
paying a part of the costs of the acquisition and construction
of additions to the municipal parking facilities system and
of refunding the existing bonds of the City outstanding and
i payable from the revenues of the municipal parking facilities
system.
I
Bonds numbered 255 to 1,040, both inclusive, may be
called for redemption by Issuer at its sole option and paid
from any funds regardless of source before maturity, in
whole or from time to time in part, on July 1, 1990, and on
any interest payment date thereafter, at a price of par,
premium of five percent initially and reducing by one-half
of one per cent (18) each full year thereafter, and accrued
interest to call date, by giving notice by publication in a
legal newspaper printed wholly in the English language, of
general circulation in the State of Iowa, said notice to be
published once at least thirty days prior to date of call in
a financial journal published in the City of New York, New
York. If less than all of the bonds are called at any time
they shall be called in inverse order of maturity and if
less than a whole maturity is called at any time, the numbers
of the bonds to be paid shall be drawn by lot in any reasonable
manner. In the case of registered Bonds, notice may be
given by certified mail to the address shown on the books of
the Treasurer.
This Bond is fully negotiable but may be registered as
to principal only in the name of the holders on the books of
the Treasurer, such registration to be endorsed by notation
on the back hereof by the said Officer, after which no
transfer shall be valid unless made on said books and similarly
noted hereon, but it may be discharged from said registration
1 by being transferred to bearer, after which it shall be
transferable by delivery but it may again be registered as
before. The registration of this Bond as to principal shall
not restrain the negotiability of the coupons by delivery
merely.
1 This Bond and the series of which it forms a part,
other bonds ranking on a parity therewith, and any additional
bonds which may be hereafter issued and outstanding from
time to time on a parity with said Bonds, as provided in the
Bond Resolution of which notice is hereby given and is
hereby made a part hereof, are payable from and secured by a
pledge of the net revenues of the Parking Facilities System,
(the "System"), as defined and provided in said Resolution.
There has heretofore been established and the City hereby
covenants and agrees that it will maintain just and equitable
rates or charges for the use of and service rendered by said
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AHLC"S. COON CY, DO"WEILE". HAYN IE6 SMITH, LAWYER S, DCS MOINES. IOWA
Yom. • �.,"'."�"'r-.. � ,
MICROFIL14ED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
e
tl
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Pi IT<Ui ILi'ILu by JURM MICROLAB • LEDAR RAP IDS
paying a part of the costs of the acquisition and construction
of additions to the municipal parking facilities system and
of refunding the existing bonds of the City outstanding and
i payable from the revenues of the municipal parking facilities
system.
I
Bonds numbered 255 to 1,040, both inclusive, may be
called for redemption by Issuer at its sole option and paid
from any funds regardless of source before maturity, in
whole or from time to time in part, on July 1, 1990, and on
any interest payment date thereafter, at a price of par,
premium of five percent initially and reducing by one-half
of one per cent (18) each full year thereafter, and accrued
interest to call date, by giving notice by publication in a
legal newspaper printed wholly in the English language, of
general circulation in the State of Iowa, said notice to be
published once at least thirty days prior to date of call in
a financial journal published in the City of New York, New
York. If less than all of the bonds are called at any time
they shall be called in inverse order of maturity and if
less than a whole maturity is called at any time, the numbers
of the bonds to be paid shall be drawn by lot in any reasonable
manner. In the case of registered Bonds, notice may be
given by certified mail to the address shown on the books of
the Treasurer.
This Bond is fully negotiable but may be registered as
to principal only in the name of the holders on the books of
the Treasurer, such registration to be endorsed by notation
on the back hereof by the said Officer, after which no
transfer shall be valid unless made on said books and similarly
noted hereon, but it may be discharged from said registration
1 by being transferred to bearer, after which it shall be
transferable by delivery but it may again be registered as
before. The registration of this Bond as to principal shall
not restrain the negotiability of the coupons by delivery
merely.
1 This Bond and the series of which it forms a part,
other bonds ranking on a parity therewith, and any additional
bonds which may be hereafter issued and outstanding from
time to time on a parity with said Bonds, as provided in the
Bond Resolution of which notice is hereby given and is
hereby made a part hereof, are payable from and secured by a
pledge of the net revenues of the Parking Facilities System,
(the "System"), as defined and provided in said Resolution.
There has heretofore been established and the City hereby
covenants and agrees that it will maintain just and equitable
rates or charges for the use of and service rendered by said
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AHLC"S. COON CY, DO"WEILE". HAYN IE6 SMITH, LAWYER S, DCS MOINES. IOWA
Yom. • �.,"'."�"'r-.. � ,
MICROFIL14ED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
e
tl
Pii LI(uf iLi4Lu bi JORM MICROLAb • CEDAR RAPIDS AIID
System in each year for the payment of the proper and reason-
able expenses of operation and maintenance of said Sysem
t
d to
and for the lf if a flent sinking n
meet the pincipaloand interest nthisseries of Bonds,
and other bonds ranking on a paribe inanybysame
become due. This Bond is not payal
tances shall the City be in any
taxation and under no circums
failure said net earnings
manner liable by reason of
to be sufficient for the p Y
IN TESTIMONY WHEREOF, said City by its City Council has
caused this Bond to be signed by its Mayor and attested by
its City Clerk with the corporate seal affixed and the
he facsimile
coupons hereto attached to be executed with the execution of
signature of said Clerk, which official, by appearing on
this Bond does adopt the facsimile
DsignatuYe1app
said coupons, all this 1st day
of
ATTEST:
City Clerk
Mayor
(FORM OF COUPON)
IOWA CITY, IOWA
No.
The Treasurer of the City of Iowa City, in the County
of Johnson, payouts oftthetae fnetwrevenuessoffitsein Iwa MunicipalCParkingwa,
will pay on the 1st day
Facilities System to bearer $
of 19 , >.n any Coinr currency.
whic i, on t �e ate o payment is legal tender for the
payment of public and private debts, being
months'
interest on its Parking Facilities Revenue Bond, dated
December 1, 1978, No.
City Clerk of Iowa City, --Iowa
-11-
AIILERS• GOONEY, DORWEILER• HAYNIE B SMITH. LAWYERS, DEB MOINES. IOWA
MICROFILMED BY
JORM MICR+LAB
I
CEDAR RAPIDS • DES MOINES
Y
N,wWF:LhiLD BY JORM I.11CROLAB
CEDAR RAPIDS AIID DES
All coupons maturing after July 1, 1990 on Bonds numbered
255 to 1,090, both inclusive, shall have added thereto the
following:
''unless said Bond shall have been
sooner called for payment."
And on the back of each Bond there shall be printed a
certificate of the Treasurer in the following form:
(FORM OF TREASURER'S CERTIFICATE)
This Bond has been duly and properly registered
in my office as of the 1st day of December, 1978.
(FACSIMILE SIGNATURE) [
Treasurer of the City of Iowa City, Iowa
There shall also be printed on the back of the Bonds the
following form of registration:
REGISTRATION OF OWNERSHIP
Date of Signature
Registration In Whose Name Registered of Treasurer
Section 11. Legal Opinion. There shall be printed on
the back of each Bond herein authorized to be issued, a copy
of the legal opinion of Ahlers, Cooney, Dorweiler, Haynie &
Smith, Attorneys, of Des Moines, Iowa, under the certificate
of the Clerk certifying the same as being a true copy thereof,
said certificate to bear the facsimile signature of said
Clerk.
Section 12. Equality of Lien. The timely payment of
principal of and interest on the Bonds and Parity Bonds
shall be secured equally and ratably by the revenues of the
System without priority by reason of number or time of sale
or delivery; and the revenues of the System are hereby
irrevocably pledged to the timely payment of both principal
and interest as the same become due. —
-12-
AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA
Y :41CROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
-i
i
N,wWF:LhiLD BY JORM I.11CROLAB
CEDAR RAPIDS AIID DES
All coupons maturing after July 1, 1990 on Bonds numbered
255 to 1,090, both inclusive, shall have added thereto the
following:
''unless said Bond shall have been
sooner called for payment."
And on the back of each Bond there shall be printed a
certificate of the Treasurer in the following form:
(FORM OF TREASURER'S CERTIFICATE)
This Bond has been duly and properly registered
in my office as of the 1st day of December, 1978.
(FACSIMILE SIGNATURE) [
Treasurer of the City of Iowa City, Iowa
There shall also be printed on the back of the Bonds the
following form of registration:
REGISTRATION OF OWNERSHIP
Date of Signature
Registration In Whose Name Registered of Treasurer
Section 11. Legal Opinion. There shall be printed on
the back of each Bond herein authorized to be issued, a copy
of the legal opinion of Ahlers, Cooney, Dorweiler, Haynie &
Smith, Attorneys, of Des Moines, Iowa, under the certificate
of the Clerk certifying the same as being a true copy thereof,
said certificate to bear the facsimile signature of said
Clerk.
Section 12. Equality of Lien. The timely payment of
principal of and interest on the Bonds and Parity Bonds
shall be secured equally and ratably by the revenues of the
System without priority by reason of number or time of sale
or delivery; and the revenues of the System are hereby
irrevocably pledged to the timely payment of both principal
and interest as the same become due. —
-12-
AHLERS. COONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA
Y :41CROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
r•iiuKUr ILVILLI by JURM MIDROLAB
io'—�
CEDAR RAPIDS AND
Section 13. Application of Bond Proceeds. After the
execution of the Bonds, said Bonds shall be delivered to the
Treasurer and shall be by him duly and properly registered
in his office, and he shall thereupon deliver the same to
the purchaser as determined by the governing body. Proceeds
of the Bonds other than an amount equal to the maximum
year's debt service which shall be paid into the Reserve
Fund and fifteen months capitalized interest which with the
accrued interest shall be paid into the Sinking Fund except
as may be provided below shall be credited to the Construction
i Fund Account (the "Project Fund") and expended therefrom for
the purposes of issuance. Any amounts on hand in the Project
Fund shall be available for the payment of the principal of
or interest on the Bonds at any time that other funds of the
System shall be insufficient to the purpose, in which event
such funds shall be repaid to the Project Fund at the earliest
opportunity. Any balance on hand in the Project Fund and
not immediately required for its purposes may be invested
not inconsistent with limitations provided by law or this
Resolution. Accrued interest, if any, shall be deposited in
the Sinking Fund. Any excess proceeds remaining on hand
after completion of the project, shall be paid into the
Improvement Fund.
Section 14. User Rates. There has heretofore been
established and published as required by law, just and
equitable rates or charges for the use of the service rendered
by the System. So long as the Bonds are outstanding and
unpaid the rates or charges to consumers of services of the
System shall be sufficient in each year for the payment of
the proper and reasonable expenses of operation and maintenance
of the System and leave a balance of not less than 135% of
principal and interest on the Bonds and Parity Bonds as the
same fall due, and to provide for the creation of reserves
as hereinafter provided.
i
In the event the Issuer or any department, agency or
instrumentality thereof in any way uses or is served by the
System, the rates or charges provided for shall be paid by
the Issuer from its Corporate Fund, or by such department,
agency or instrumentality thereof. Any revenues so collected
by the Issuer shall be used and accounted for in the same
manner as any other revenues derived from the operations of
the System.
Section 15.Application of Revenues. From and after
the delivery of any Bonds, and as long as any of the Bonds
or Parity Bonds shall be outstanding and unpaid either as to
principal or as to interest, or until all of the Bonds and
Parity Bonds then outstanding shall have been discharged and
-13-
AMLERS, COONEY. DORWEILER• HAYNIE S SMITH. LAWYERS. DES MOINES. IOWA
141CROFILIILD DY
JORM MICR4LAB
CEDAR RAPIDS • DES MOINES
hu U<Ur 1LALu by JORM MICULAb
CEDAR RAPIDS AND UE
satisfied in the manner provided in this Resolution, the
entire income and revenues of the System shall be deposited
as collected in a fund to be known as the Parking System
Revenue Fund (the "Revenue Fund"), and shall be held as trust
funds for the benefit of holders of the bonds and parity
bonds and shall be disbursed only as follows:
(a) Operation and Maintenance Fund. Money in the
Revenue Fund shall first be disbursed to make deposits
on the first day of each month into a separate and
special fund to pay current expenses. The fund shall
be known as the Parking System Operation and Maintenance
Account (the "Operation and Maintenance Fund"). There
shall be deposited in the Operation and Maintenance
Fund each month an amount sufficient to meet the current
expenses of the month plus an amount equal to 1/12th of
expenses payable on an annual basis such as insurance.
After the first day of the month, further deposits may
be made to this account from the Revenue Fund to the
extent necessary to pay current expenses accrued and
payable to the extent that funds are not available in
the Surplus Fund.
(b) Sinking Fund. Money in the Revenue Fund
shall next be disbursed to make deposits into a separate
and special fund to pay principal of and interest on
the Bonds and Parity Bonds. The fund shall be known as
the Parking System Revenue Bond and Interest Sinking
Fund Account (the "Sinking Fund"). The amount to be
deposited in the Sinking Fund in any month beginning
January 1, 1980, shall be an amount equal to 1/Sth of
the installment of interest coming due on the next
interest payment date on the then outstanding Bonds and
Parity Bonds plus 1/10th of the installment of principal
coming due on such Bonds on the next succeeding principal
payment date until the full amount of such installment
is on hand. Money in the Sinking Fund shall be used
solely for the purpose of paying principal of and
interest on the Bonds and Parity Bonds as the same
shall become due and payable.
(c) Reserve Fund. Money in the Revenue Fund
shall next be d—isbursed to maintain a debt service
reserve in an amount equal to at least the maximum
amount of principal and interest coming due on the
Bonds and Parity Bonds in any succeeding fiscal year.
Such fund shall be known as the Parking System Revenue
Bond Reserve Fund Account (the "Reserve Fund"). In —
each month beginning July 1, 1980, there shall be
deposited in the Reserve Fund an amount equal to
$5,000.00, provided, however, that when the
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A HLCNS. COONEY, DOHW EILE", HAYNIE 6 SMITH. LAWYE"e, DEB MOINES, IOWA
RICROIILMEO BY
I '1
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
MIUJ1 iLALU b't JURM MICROLAB
CEDAR RAPIDS AND DE
amount on deposit in the Reserve Fund shall be not less
than the minimum required above, no further deposits
need be made into the Reserve Fund except to maintain
said fund at principal
such level. Money in the Reserve Fund
al
shall be used solely for the purpose of paying p P
at maturity of or interest on the Bonds and Parity
Bonds for the payment of which insufficient money shall
be available in the Sinking Fund. Whenever it shall
become necessary to so use money in the Reserve Fund,
be
the payments required above shall es continued or
res
resumed until it shall have been tored to the required
minimum amount.
(d) Improvement Fund. Money in the Revenue Fund
shall next be disbursed to maintain a fund to be known
as the Parking System Rene%val and Improvement Fund
Account (the "Improvement Fund"). The minimum amount
to be deposited in the Improvement Fund each month
in
beginning July 1, 1990, shall be $5,000.00. Y
i the Improvement Fund not otherwise specially limited by
other provisions of this resolution shall be used
solely for the purpose of paying principal of or interest
on the Bonds or Parity Bonds when there shall be insuf-
ficient money in the Sinking Fund and the Reserve Fund;
and to the extent not required
intenance expensestor
pay the cost of extraordinary ma
repairs, renewals and replacements not included is the
ment
annual budget of revenues andcurrent
aseatpart oftheSystem
JI of rentals on any property art of
or payments due for any property purchased as a p
the System, and for capital improvements to the System.
(e) Surolus Revenue. All money thereafter remaining
in the Revenue Fund at the close of each month shall be
deposited in the Surplus Account and shall be used if
necessary to remedy any deficiency in any
extraothe
funds
created by this Resolution, to pay
for ary
repairs or replacements to the System, or manybe used
to pay or redeem the Bonds or parity
or for any lawful purpose.
fMoney in the Surplus Account may next be used to
pay principal of and interest on (including reasonable
j heir
reserves therefor) any other obligations which by
terms shall be payable from the revenues of the System,
but subordinate to the Bonds andParity
Bonds,of and
which have been issued for the purposes
and improvements to the System.
i
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AHLEIIS. COONEY. DORWEILER. HAYNIE A sMITH. LAWYERS, DES MOINES. IOWA
141CROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
tq w%Uril-ALU bV JURM I•IICROLAb
CEDAf RAPIDS AND HS
Money in the Revenue Fund shall be allotted and paid
into the various funds and accounts hereinbefore referred to
in the order in which said funds are listed, on a cumulative
basis on the 1st day of each month, or on the next succeeding
business day when the 1st shall not be a business day; and
if in any month the money in the Revenue Fund shall be
insufficient to deposit or transfer the required amount in
any of said funds or accounts, the deficiency shall be made
up in the following month or months after payments into all
funds and accounts enjoying a prior claim to the revenues
shall have been met in full.
Moneys on hand in the Project Fund and all of the funds
provided by this Section except the Operation and Maintenance
Fund may be invested only in direct obligations of the
United States Government or deposited in banks which are
members of the Federal Deposit Insurance Corporation and the
deposits in which are insured thereby and all such deposits
exceeding the maximum amount insured from time to time by
FDIC or its equivalent successor in any one bank shall be
continuously secured by a valid pledge of direct obligations
of the United States Government having an equivalent market
value. All such interim investments shall mature not less
than 5 days before the date on which the moneys are required
for the purposes for which said fund was created or otherwise
as herein provided but in no event maturing in more than
three years in the case of the Reserve Fund. The provisions
of this Section shall not be construed to require the Issuer
to maintain separate bank accounts for the funds created by
this Section; except the Sinking Fund and the Reserve Fund
shall be maintained in a separate account but may be invested
in conjunction with other funds of the City but designated
as a trust fund on the books and records of the City.
All income derived from such investments shall be
deposited in the Revenue Fund and shall be regarded as
revenues of the System. Such investments shall at any time
necessary be liquidated and the proceeds thereof applied to
j the purpose for which the respective fund was created.
Section 16. Covenants Regarding the Operation of
the System. The Issuer hereby covenants and agrees with
each and every holder of the Bonds and Parity Bonds;
(a) "Operation of the System". Issuer hereby
covenants and agrees with the holder or holders of the
bonds herein authorized to be issued, or any of them,
that it will faithfully and punctually perform all —
duties with reference to said public motor vehicle
-16-
AHLERS. COONEY. DORWEILER• HAYNIE B SMITH. LAWYERS, DEB MOINES. IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
FliuWr,Li-0LU by AM MICROLAB
CEDAR RAPIDS AND DES
parking facilities system required by the Constitution
and laws of the State of Iowa, and this resolution,
including the making and collecting of reasonable and
sufficient rates or services afforded thereby, and will
segregate the revenues and make application thereof
into the respective funds, as provided by this resolution.
Issuer further covenants and agrees with the holders of
Y said bonds to maintain in good condition and continuously
and efficiently operate said facilities and meters
comprising the System.
Issuer further covenants and agrees that, except
as hereinafter otherwise provided, so long as anylof
the bonds authorized to be issued under the terms of
this Resolution or bonds ranking on a parity therewith
are outstanding it will not sell, lease, loan, mortgage
,ror in any manner dispose of or encumber public motor
vehicle parking facilities comprising the System until
all of said bonds have been paid in full as to both
principal and interest or unless and until full and
sufficient provision shall have been made for the
payment thereof. However, the right is reserved to the
City to dispose of any property constituting a part of
! the System as provided in Section 16(f). Nothing
f contained in this Resolution shall be construed to
1 prevent the City from leasing to others or contracting
with others for the operation of any of the facilities
constituting a part of the System to the extent permitted
by law when deemed expedient and for the benefit of the
! system nor shall anything contained in this Resolution
be construed to prevent the City from disposing by
E lease, sale, or as may be permitted by law,.of the air
rights (and reasonable access rights) above any of the
s off-street parking facilities constituting a part of
the System or of other portions thereof not useful or
intended for the parking of vehicles, provided that the
revenues from any such lease shall be treated as a part
of the income and revenues of the System and shall be
used and applied as provided in this Resolution, but no
such contract or lease may result in a reduction of the
aggregate net revenues of the System below the amounts
necessary to be paid into the Funds as in Section 15
provided. Proceeds of a sale of air rights shall be
applied in accordance with Section 16(f).
While the bonds authorized hereunder, or any of
them, remain outstanding and unpaid no free service
shall be afforded by said parking facilities, provided,
that the City Council may, by resolution, authorize the
-17-
AHLERS. COONEY. DOHWCILCN. HAYNIE b SMITH. LAWYERS, OCs MOINES. IOWA
:41CROFIL1110 BY
1 JORM MICR+LA6 _l
CEDAR RAPIDS • DES MOINES
Iii uIWIr ILALL) by JURM PIICROLAB
LEDAR RAPIM AND JE`
use of a designated portion of the parking facilities
without charge, when: (1) the Council has first
affirmatively determined that such use will not cause
the aggregate net revenues then to be derived from the
balance of the system to be less than 1358 of the
amounts required to be paid into the Funds in Section
15 provided during the then next succeeding fiscal
year, and (2) if the facilities to be operated without
charge produced over 158 of the gross revenues of the
entire system in the then last preceding fiscal year,
the finding by the City Council must be predicated upon
and supported by a certificate executed by a nationally
recognized parking facilities consultant employed for
the purpose of examining the books and records pertinent
to the system and of certifying to the amount of revenues
which will be derived from the balance of the system.
Any of the off-street parking facilities may be withdrawn
from use at any time for the purpose of erecting multiple
level parking structures, garages or other parking
facilities thereon which are to be incorporated in and
made a part of the system of the City, but no such
facilities may be so withdrawn unless the City Council
affirmatively finds that the net revenues to be derived
from the operation of the remainder of the System,
together with capitalized interest during the construction
of the additional structure, will be no less than those
required to be paid into the Funds in Section 15 provided
during the period of construction.
The City agrees that it will take no action in
relation to its parking System which would unfavorably
affect the security of the bonds herein authorized or
bonds ranking on a parity therewith or the prompt
payment of the principal thereof and interest thereon,
but nothing in this Resolution contained shall be
construed to prohibit appropriate changes in the
location of on -street parking meters made necessary by
street widening, alterations or closings, nor prohibit
substitution or changes in the location of on -street
parking meters in order to provide essential and neces-
sary traffic regulation and control.
(b) Rates. That on or before the beginning of
each fiscal year the governing body will adopt or
continue in effect rates for all services rendered by
the System sufficient to produce net revenues for the
next succeeding fiscal year sufficient to meet the
requirements of the several funds as provided in this
Resolution, including 1358 of the amounts required
annually for principal and interest on the bonds and
-18-
AHLEn S. COONEY. DORWEILER• HAYNIE A SMITH. LAWYERS. DEB MOINES. IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
I•IILItUr iLALU BY JORM 1•IICROLAB
CEDAR RAPIDS ANC DES
parity bonds. For purposes of the last clause of the
next preceding sentence "net revenues" shall be those
for the thebudnexet forusuchdyearing fascrequiredal year aherein�ined from
(c) Insurance. That the Issuer shall maintain
insurance for --the of the bondholders on the
insurable portions of the system of a kind and in an
amount which normally would be carried by private
companies engaged in a similar kind of
business. liability The
proceeds of any insurance, except public
insurance, shall be used to repair or replace the part
so usedsshallhbesystem placeddinaged or the Improvementdnot
of Fund.
Unless it determines that such insurance is
unavailable or uneconomic, the Issuer will maintain use
and occupancy insurance on its off-street multi-level
facilities equal to the historic revenues of said
facilities but subject to a reasonable deductible
provision.
(d)Accounting and Audits. That the Issuer will
cause to be kept proper books and accounts adapted to
the System and in accordance with generally accepted
accounting practices, and will cause the books and
accounts to be audited annually in accordance with
generally accepted municipal auditing standards not
later than 90 days after the end of each fiscal year by
an independent auditor and will file copies of the
audit report with the Original Purchaser and will make
generally available to the holders of any of the Bonds
and Parity Bonds, the balance sheet and the,operating
statement of the System as certified by such auditor.
The Original Purchaser and holders of any of the Bonds
and Patity Bonds shall have at all reasonable times the
right to inspect the System and the records, accounts
and data of the Issuer relating thereto. It is further
agreed that if the Issuer shall fail to provide the
audits and reports required by this Subsection, the
Original Purchaser or the holder or holders of 258 of
the outstanding Bonds and ParityBonds maexpense ocause f the
audits and reports to be prep
ared at Issuer. The audit reports required by this Section
shall include, but not be limited to, the following
information:
(i) An evaluation of the manner in which the
Issuer has complied with the covenants of this
Resolution, including particularly the rate covenants
included herein;
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ANLERS, COONEY. DORWEILER. HAYNIE & SMITH. LAWYEn&, DES MOINES- IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
N-w(Ur ILPILu BY JURM MiCROLAB
CEDAR RAPIDS AND DE
(ii) Statements of net revenues and income,
including:
a) a statement presenting "gross revenues"
and "net revenues as these terms are defined
in Section 1(f) of this resolution;
b) a statement of income prepared in
conformity with generally accepted accounting
principles for enterprise activities operated
by governmental entities; provided, if such
statement is on the accrual basis, an additional
statement shall be provided on the cash
basis.
(iii) Analyses of each fund and account
created hereunder, including deposits, withdrawals
and beginning and ending balances;
(iv) A balance sheet;
(v) The rates in effect at the end of the
fiscal year, changes during the period, and the
number of revenue producing parking spaces of each
general class of the System at the beginning and
end of the period;
(vi) A schedule of insurance policies and
fidelity bonds in force at the end of the fiscal
year, showing with respect to each policy and bond
the nature of the risks covered, the limits of
liability, the name of the insurer, and the expiration
date;
(vii) The names and titles of the principal
officers of the Issuer;
(viii) The number of parking violation notices
or summons issued and the amount of money collected
in connection with such violations, and whether or
not the same is included in the Revenue Fund; and
(ix) Any other information required to provide
full disclosure so the financial statements are
presented in conformity with generally accepted
accounting principles for enterprise activities
operated by governmental entities;
In the event the audit provided for in this
Section is prepared by the State Auditor the
governing body will cause to be prepared a certified
supplemental report containing the information
required by this Section.
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AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DEB MOINES, IOWA
MICROFILMED BYa:'
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
f
I
I
i
N-w(Ur ILPILu BY JURM MiCROLAB
CEDAR RAPIDS AND DE
(ii) Statements of net revenues and income,
including:
a) a statement presenting "gross revenues"
and "net revenues as these terms are defined
in Section 1(f) of this resolution;
b) a statement of income prepared in
conformity with generally accepted accounting
principles for enterprise activities operated
by governmental entities; provided, if such
statement is on the accrual basis, an additional
statement shall be provided on the cash
basis.
(iii) Analyses of each fund and account
created hereunder, including deposits, withdrawals
and beginning and ending balances;
(iv) A balance sheet;
(v) The rates in effect at the end of the
fiscal year, changes during the period, and the
number of revenue producing parking spaces of each
general class of the System at the beginning and
end of the period;
(vi) A schedule of insurance policies and
fidelity bonds in force at the end of the fiscal
year, showing with respect to each policy and bond
the nature of the risks covered, the limits of
liability, the name of the insurer, and the expiration
date;
(vii) The names and titles of the principal
officers of the Issuer;
(viii) The number of parking violation notices
or summons issued and the amount of money collected
in connection with such violations, and whether or
not the same is included in the Revenue Fund; and
(ix) Any other information required to provide
full disclosure so the financial statements are
presented in conformity with generally accepted
accounting principles for enterprise activities
operated by governmental entities;
In the event the audit provided for in this
Section is prepared by the State Auditor the
governing body will cause to be prepared a certified
supplemental report containing the information
required by this Section.
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AHLERS. COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DEB MOINES, IOWA
MICROFILMED BYa:'
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
FIILIfUI ILi•ILU bP JURM I.1ICROLAu
CEDAR RAPIJS AND DES
(e) State Laws. That the Issuer will faithfully
i and punctually perform all duties with reference to the
System required by the Constitution and laws of the
State of Iowa, including the making and collecting of
i reasonable and sufficient rates for services rendered
by the System as above provided, and will segregate the
revenues of the System and apply said revenues to the
funds specified in this Resolution.
(f) Property. That the Issuer will not sell,
lease, mortgage, or in any manner dispose of the System,
or any capital part thereof, including any and all
extensions and additions that may be made thereto,
until satisfaction and discharge of all of the Bonds
and Parity Bonds shall have been provided for in the
manner provided in this Resolution. Provided, however,
this covenant shall not be construed to prevent tha
disposal by the Issuer of a portion of one parking lot
(the Iowa Avenue Lot located at Iowa and Gilbert)to be
the site of an elderly housing project and three
existing lots (the Municipal Lot located at Burlington
and Linn; Washington Lot located at Washington and
Clinton; and Moose Hall Lot located at College and
Clinton) to be eliminated as a result of downtown
redevelopment and parking facilities construction, or
property,which in the judgment of its governing body,
predicated upon and supported by a certified statement
executed by a nationally recognized parking facilities
consultant, has become inexpedient or unprofitable to
use in connection with the System, or if it is to the
advantage of the System that other property of equal or
higher value to the system be substituted therefor, and
provided further that the proceeds of the disposition
of such property shall be placed in a Revolving Fund to
be used in preference to other sources for capital
improvements to the System.
(g) Fidelity Bond. That each officer of the
Issuer having custody of funds of the System shall be
under fidelity bond at all times in an amount not less
than the amount of the funds in his custody.
j
(h) Regulations. That the Issuer will maintain
and enforce laws and regulations governing the use and
operation of the system.
(i) Budget. That the governing body of the
Issuer will adopt a system budget of revenues and
current expenses on or before the end of each fiscal
year for the ensuing fiscal year, and will file copies
of such budgets, and any amendments thereto, with the
Original Purchaser and any bondholder requesting the
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same. Such budget shall take into account revenues and
current expenses during the current and last preceding
fiscal years. The Issuer will incur no current expense
not included in such budget, and will not permit total
current expenses to exceed the budget, unless the
governing body shall first have adopted a Resolution
declaring the necessity of such expenses. Copies of
? such budget and approvals of expenditures in excess of
i the budget shall be mailed to the Original Purchaser
and to the bondholders upon request.
(j) "Consultant Review". The City hereby covenants
and agrees as long as any bonds hereby authorized are
outstanding to regularly retain from time to time and
at least once every four (4) years, the service of some
engineer or firm of engineers of specialized reputation
in the management and operation of motor vehicle parking
facilities sometimes referred to in this resolution as
the "Consulting Engineer", for the purpose of consultation
and cooperation in connection with the operation and
maintenance of its parking System facilities system and
the establishment as well as any revision of the schedule
of charges for the service and facilities to be thereby
afforded. Such report shall be promptly forwarded to
the original purchaser of the bonds.
Section 17. Remedies of Bondholders. Except as herein
expressly limited the holder or holders of the Bonds and
Parity Bonds shall have and possess all the rights of action
and remedies afforded by the common law, the Constitution
and statutes of the State of Iowa and of the United States
of America for the enforcement of payment of their Bonds and
coupons, and of the pledge of the revenues made hereunder,
and of all covenants of the Issuer hereunder.
Section 18. Prior Lienand Parity Bonds. The Issuer
will issue no other Bonds or obligations of any kind or
nature payable from or enjoying a lien or claim on the
property or revenues of the System having priority over the
Bonds or Parity Bonds except as herein provided.
Additional Bonds may be issued on a parity and equality
of rank with the Bonds with respect to the lien and claim of
such additional Bonds to the revenues of the System and the
money on deposit in the funds adopted by this Resolution,
for the following purposes and under the following conditions,
but not otherwise:
(a) For the purpose of refunding any of the Bonds
or Parity Bonds which shall have matured or which shall
mature not later than three months after the date of_
delivery of such refunding Bonds and for the payment of
which there shall be insufficient money in the Sinking
Fund and the Reserve Fund;
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same. Such budget shall take into account revenues and
current expenses during the current and last preceding
fiscal years. The Issuer will incur no current expense
not included in such budget, and will not permit total
current expenses to exceed the budget, unless the
governing body shall first have adopted a Resolution
declaring the necessity of such expenses. Copies of
? such budget and approvals of expenditures in excess of
i the budget shall be mailed to the Original Purchaser
and to the bondholders upon request.
(j) "Consultant Review". The City hereby covenants
and agrees as long as any bonds hereby authorized are
outstanding to regularly retain from time to time and
at least once every four (4) years, the service of some
engineer or firm of engineers of specialized reputation
in the management and operation of motor vehicle parking
facilities sometimes referred to in this resolution as
the "Consulting Engineer", for the purpose of consultation
and cooperation in connection with the operation and
maintenance of its parking System facilities system and
the establishment as well as any revision of the schedule
of charges for the service and facilities to be thereby
afforded. Such report shall be promptly forwarded to
the original purchaser of the bonds.
Section 17. Remedies of Bondholders. Except as herein
expressly limited the holder or holders of the Bonds and
Parity Bonds shall have and possess all the rights of action
and remedies afforded by the common law, the Constitution
and statutes of the State of Iowa and of the United States
of America for the enforcement of payment of their Bonds and
coupons, and of the pledge of the revenues made hereunder,
and of all covenants of the Issuer hereunder.
Section 18. Prior Lienand Parity Bonds. The Issuer
will issue no other Bonds or obligations of any kind or
nature payable from or enjoying a lien or claim on the
property or revenues of the System having priority over the
Bonds or Parity Bonds except as herein provided.
Additional Bonds may be issued on a parity and equality
of rank with the Bonds with respect to the lien and claim of
such additional Bonds to the revenues of the System and the
money on deposit in the funds adopted by this Resolution,
for the following purposes and under the following conditions,
but not otherwise:
(a) For the purpose of refunding any of the Bonds
or Parity Bonds which shall have matured or which shall
mature not later than three months after the date of_
delivery of such refunding Bonds and for the payment of
which there shall be insufficient money in the Sinking
Fund and the Reserve Fund;
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(b) For the purpose of otherwise refunding any
Bonds or Parity Bonds outstanding, or making extensions,
additions, improvements or replacements to the System,
if the following conditions shall have been met:
(i) That no bonds or interest thereon are in
default of payment.
(ii) Either:
(a) before any such Bonds ranking on a
parity are issued, there will have been
procured and filed with the Clerk, a statement
of an independent auditor not a regular
employee of the Issuer, reciting the opinion
based upon necessary investigations that the
net revenues of the System for the preceding
fiscal year (with adjustments as hereinafter
provided) were equal to at least 1508 of the
maximum amount that will be required in any
fiscal year prior to the longest maturity of
any of the then outstanding Bonds for both
principal of and interest on all Bonds then
outstanding which are payable from the net
earnings of the System and the Bonds then
proposed to be issued; or
(b) the net revenues or the adjusted net
revenues for the immediately preceding fiscal
year must have been equal to at least 1008 of
the maximum year's debt service on all bonds
then outstanding and on the bonds then proposed
to be issued during the life of such outstanding
bonds and the estimated net revenue during
the second full fiscal year of operation of
the improvement being financed shall be equal
to at least 1508 of the maximum year's debt
service on all bonds then outstanding and on
the bonds then proposed to be issued during
the life of such outstanding bonds.
Net revenues for the immediately preceding
fiscal year shall be those evidenced by
certificate of the certified public accountants
who made the audit. Adjusted net revenues
shall reflect changes in rates from those
existing during the previous fiscal year and
to the extent not reported as a portion of
the prior fiscal year's revenues, any monies
which may be pledged and prior to the sale of
the parity bonds are legally pledged for the
period when any of the outstanding bonds
mature, then such amount shall be included in
the adjusted net revenue. Estimated net
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(b) For the purpose of otherwise refunding any
Bonds or Parity Bonds outstanding, or making extensions,
additions, improvements or replacements to the System,
if the following conditions shall have been met:
(i) That no bonds or interest thereon are in
default of payment.
(ii) Either:
(a) before any such Bonds ranking on a
parity are issued, there will have been
procured and filed with the Clerk, a statement
of an independent auditor not a regular
employee of the Issuer, reciting the opinion
based upon necessary investigations that the
net revenues of the System for the preceding
fiscal year (with adjustments as hereinafter
provided) were equal to at least 1508 of the
maximum amount that will be required in any
fiscal year prior to the longest maturity of
any of the then outstanding Bonds for both
principal of and interest on all Bonds then
outstanding which are payable from the net
earnings of the System and the Bonds then
proposed to be issued; or
(b) the net revenues or the adjusted net
revenues for the immediately preceding fiscal
year must have been equal to at least 1008 of
the maximum year's debt service on all bonds
then outstanding and on the bonds then proposed
to be issued during the life of such outstanding
bonds and the estimated net revenue during
the second full fiscal year of operation of
the improvement being financed shall be equal
to at least 1508 of the maximum year's debt
service on all bonds then outstanding and on
the bonds then proposed to be issued during
the life of such outstanding bonds.
Net revenues for the immediately preceding
fiscal year shall be those evidenced by
certificate of the certified public accountants
who made the audit. Adjusted net revenues
shall reflect changes in rates from those
existing during the previous fiscal year and
to the extent not reported as a portion of
the prior fiscal year's revenues, any monies
which may be pledged and prior to the sale of
the parity bonds are legally pledged for the
period when any of the outstanding bonds
mature, then such amount shall be included in
the adjusted net revenue. Estimated net
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AHLERS. COONEY. DORWEILER. HAYNIE & SMITH. LAWYERS. DEB MOINES, IOWA
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revenues shall include the operations of
facilities being financed and any other
monies legally available that have been
pledged for payment into the parking system.
The adjusted net revenues and estimated net
revenues shall be evidenced by a certificate
of a qualified consulting engineer not employed
by the City on a regular salary basis.
For the purposes of this Section, payments
of principal and interest falling due on July
1st shall be deemed a requirement of the
preceding fiscal year, provided that such i
year ends on June 30th.
(iii) The additional Bonds must be payable as
to principal and as to interest on the same month
and day as the Bonds herein authorized.
Section 19. Disposition of Bond Proceeds; Arbitrage
Not Permitted. The Issuer reasonably expects and covenants
that no use will be made of the proceeds from the issuance
and sale of the Bonds issued hereunder which will cause any
of the Bonds to be classified as arbitrage Bonds within the
meaning of Section 103(c)(2) of the Internal Revenue Code of
the United States and that throughout the term of said Bonds
it will comply with the requirements of said statute and
regulations issued thereunder.
To the best knowledge and belief of the Issuer, there
are no facts or circumstances that would materially change
the foregoing statements'or the conclusion that it is not
expected that the proceeds of the Bonds will be used in a j
manner that would cause the Bonds to be arbitrage Bonds.
The Treasurer is hereby directed to deliver a certificate at
issuance of the Bonds to certify as to the reasonable expectation
of the Issuer at that date.
The Issuer covenants that it will treat as restricted
yield investments the funds following:
(1) Any amounts in the Sinking Fund in excess of
13/12ths of the total of annual principal and interest
requirements.
(2) Any amount on hand in the Reserve Fund in
excess of fifteen percent of the original principal
amount of the outstanding bonds and parity bonds. —
(3) Any amount on hand in the Revolving Fund to
the extent that it has been held for a period greater
than three years.
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AHLERS, COONEY. DORWEIL[R. HAYNIE 6 SMITH. LAWYERS. DES MOINES, IOWA
141CROFILMEO BY
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CEDAR RAPIDS • DES MINES
�n
MILIWIii-iLLJ BY JORM MICROLAB
CEDAR RAPIDS AND 'DES
revenues shall include the operations of
facilities being financed and any other
monies legally available that have been
pledged for payment into the parking system.
The adjusted net revenues and estimated net
revenues shall be evidenced by a certificate
of a qualified consulting engineer not employed
by the City on a regular salary basis.
For the purposes of this Section, payments
of principal and interest falling due on July
1st shall be deemed a requirement of the
preceding fiscal year, provided that such i
year ends on June 30th.
(iii) The additional Bonds must be payable as
to principal and as to interest on the same month
and day as the Bonds herein authorized.
Section 19. Disposition of Bond Proceeds; Arbitrage
Not Permitted. The Issuer reasonably expects and covenants
that no use will be made of the proceeds from the issuance
and sale of the Bonds issued hereunder which will cause any
of the Bonds to be classified as arbitrage Bonds within the
meaning of Section 103(c)(2) of the Internal Revenue Code of
the United States and that throughout the term of said Bonds
it will comply with the requirements of said statute and
regulations issued thereunder.
To the best knowledge and belief of the Issuer, there
are no facts or circumstances that would materially change
the foregoing statements'or the conclusion that it is not
expected that the proceeds of the Bonds will be used in a j
manner that would cause the Bonds to be arbitrage Bonds.
The Treasurer is hereby directed to deliver a certificate at
issuance of the Bonds to certify as to the reasonable expectation
of the Issuer at that date.
The Issuer covenants that it will treat as restricted
yield investments the funds following:
(1) Any amounts in the Sinking Fund in excess of
13/12ths of the total of annual principal and interest
requirements.
(2) Any amount on hand in the Reserve Fund in
excess of fifteen percent of the original principal
amount of the outstanding bonds and parity bonds. —
(3) Any amount on hand in the Revolving Fund to
the extent that it has been held for a period greater
than three years.
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AHLERS, COONEY. DORWEIL[R. HAYNIE 6 SMITH. LAWYERS. DES MOINES, IOWA
141CROFILMEO BY
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CEDAR RAPIDS • DES MINES
111tw(Ut1LbtLI, by JORM MICROLAB
CEDAR RAPID; AND DE`
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"Restricted yield investments" are funds or investments
which the Issuer covenants not to invest at a yield materially
higher than the yield on the bonds as defined in the regulations
issued under authority of Section 103(c) of the Internal
Revenue Code of the United States. If any investments are
held with respect to the bonds and parity bonds, the Issuer
shall treat the same for the purpose of restricted yield as
held in proportion to the original principal amounts of each
issue.
The Issuer covenants that it will exceed any investment
yield restriction provided in this resolution only in the
event that it shall first obtain an opinion of recognized
bond counsel that the proposed investment action will not
cause the bonds to be classed as arbitrage bonds under
Section 103(c) of the Internal Revenue Code or regulations
issued thereunder.
The Issuer further covenants that it will proceed with
due diligence to spend the proceeds of the bonds for the
purpose set forth in Section 3 and will make no use of the
proceeds available for the construction of facilities or
change in the use by persons other than the Issuer or the
general public of any portion of the facilities constructed
therefrom, unless it has obtained an opinion of bond counsel
or a revenue ruling that the proposed project or use will
not be of such character as to cause interest on any of the
Bonds not to be exempt from federal income taxes in the
hands of holders other than substantial users of the project,
under the provisions of Section 103(b) of the Internal
Revenue Code of the United States, related statutes and
regulations.
Section 20. Discharge and Satisfaction of Bonds. The
covenants, liens and pledges entered into, created or imposed
pursuant to this Resolution may be fully discharged and
satisfied with respect to the Bonds and Parity Bonds, or any
of them, in any one or more of the following ways:
(a) By paying the Bonds or Parity Bonds when the
same shall become due and payable; and
(b) By depositing in trust with the Treasurer, or
with a corporate trustee designated by the governing
body, for the payment of said obligations and irrevocably
appropriated exclusively to that purpose an amount in
cash or direct obligations of the United States the
maturities and income of which shall be sufficient to
retire at maturity, or by redemption prior to maturity
on the next succeeding date upon which said obligations
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may be redeemed, all of such obligations outstanding at
the time, together with the interest thereon to maturity
or to the designated redemption date, premiums thereon,
if any that may be payable on the redemption of the
same; provided that proper notice of redemption of all
such obligations to be redeemed shall have been previously
published or provisions shall have been made for such
publication.
Upon such payment or deposit of money or securities, or
both, in the amount and manner provided by this Section, all
liability of the Issuer with respect to the Bonds or Parity
Bonds shall cease, determine and be completely discharged,
and the holders thereof shall be entitled only to payment
out of the money or securities so deposited.
Section 21. Resolution a Contract. The provisions of
this Resolution shall constitute a contract between the
Issuer and the holder or holders of the Bonds and Parity
Bonds, and after the issuance of any of the Bonds no change,
variation or alteration of any kind in the provisions of
this Resolution shall be made in any manner, except as
provided in the next succeeding Section, until such time as
all of the Bonds and Parity Bonds, and interest due thereon,
shall have been satisfied and discharged as provided in this
Resolution.
Section 22. Modification of Resolution. This Resolu-
tion may be amended from time to time if such amendment
shall have been consented to by holders of not less than
two-thirds in principal amount of the Bonds and Parity Bonds
at any time outstanding (not including in any case any Bonds
which may then be held or owned by or for the account of the
Issuer, but including such Refunding Bonds as may have been
issued for the purpose of refunding any of such Bonds if
such Refunding Bonds shall not then be owned by the Issuer);
but this Resolution may not be so amended in such manner as
to:
(a) Make any change in the maturity or interest
rate of the Bonds, or modify the terms of payment of
principal of or interest on the Bonds or any of them or
impose any conditions with respect to such payment;
(b) Materially affect the rights of the holders
of less than all of the Bonds and Parity Bonds then
outstanding; and
(c) Reduce the percentage of the principal amount
of Bonds, the consent of the holders of which is required
to effect a further amendment.
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may be redeemed, all of such obligations outstanding at
the time, together with the interest thereon to maturity
or to the designated redemption date, premiums thereon,
if any that may be payable on the redemption of the
same; provided that proper notice of redemption of all
such obligations to be redeemed shall have been previously
published or provisions shall have been made for such
publication.
Upon such payment or deposit of money or securities, or
both, in the amount and manner provided by this Section, all
liability of the Issuer with respect to the Bonds or Parity
Bonds shall cease, determine and be completely discharged,
and the holders thereof shall be entitled only to payment
out of the money or securities so deposited.
Section 21. Resolution a Contract. The provisions of
this Resolution shall constitute a contract between the
Issuer and the holder or holders of the Bonds and Parity
Bonds, and after the issuance of any of the Bonds no change,
variation or alteration of any kind in the provisions of
this Resolution shall be made in any manner, except as
provided in the next succeeding Section, until such time as
all of the Bonds and Parity Bonds, and interest due thereon,
shall have been satisfied and discharged as provided in this
Resolution.
Section 22. Modification of Resolution. This Resolu-
tion may be amended from time to time if such amendment
shall have been consented to by holders of not less than
two-thirds in principal amount of the Bonds and Parity Bonds
at any time outstanding (not including in any case any Bonds
which may then be held or owned by or for the account of the
Issuer, but including such Refunding Bonds as may have been
issued for the purpose of refunding any of such Bonds if
such Refunding Bonds shall not then be owned by the Issuer);
but this Resolution may not be so amended in such manner as
to:
(a) Make any change in the maturity or interest
rate of the Bonds, or modify the terms of payment of
principal of or interest on the Bonds or any of them or
impose any conditions with respect to such payment;
(b) Materially affect the rights of the holders
of less than all of the Bonds and Parity Bonds then
outstanding; and
(c) Reduce the percentage of the principal amount
of Bonds, the consent of the holders of which is required
to effect a further amendment.
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Whenever the Issuer shall propose to amend this Resolution
under the provisions of this Section, it shall cause notice
i of the proposed amendment to be filed with the original
Purchaser and to be published one time in a newspaper having
general circulation in the State of Iowa or a financial
newspaper or journal published in Chicago, Illinois. Such
notice shall briefly set forth the nature of the proposed
amendment and shall state that a copy of the proposed amend-
atory Resolution is on file in the office of the Clerk.
Whenever at any time within one year from the date of
the publication of said notice there shall be filed with the
Clerk an instrument or instruments executed by the holders
of at least two-thirds in aggregate principal amount of the
Bonds then outstanding as in this Section defined, which
instrument or instruments shall refer to the proposed amend-
atory Resolution described in said notice and shall specifically
consent to and approve the adoption thereof, thereupon, but
not otherwise, the governing body of the issuer may adopt
such amendatory Resolution and such Resolution shall become
effective and, binding upon the holders of all of the Bonds
and Parity Bonds.
Any consent given by the holder of a Bond pursuant to
the provisions of this Section shall be irrevocable for a
period of six months from the date of the instrument evidencing
such consent and shall be conclusive and binding upon all
C future holders of the same Bond during such period. Such
consent may be revoked at any time after six months from the
i { date of such instrument by the holder who gave such consent
or by a successor in title by filing notice of such revocation
with the Clerk.
The fact and date of the execution of any instrument
under the provisions of this Section may be proved by the
certificate of any officer in any jurisdiction who by the
laws thereof is authorized to take acknowledgments of deeds
within such jurisdiction that the person signing such instrument
acknowledged before him the execution thereof, or may be
proved by an affidavit of a witness to such execution sworn
to before such officer.
The amount and numbers of the Bonds held by any person
executing such instrument and the date of his holding the
same may be proved by an affidavit by such person or by a
certificate executed by an officer of a bank or trust company
showing that on the date therein mentioned such person had
on deposit with such bank or trust company the Bonds described
in such certificate.
i
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AHLERS. COONEY. DORW EILER. HAYNIE N SMITH. LAWYERS, DEB MOINES. IOWA
e',y—... _ -.
Y MICROFILMED BY r'
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CEDAR RAPIDS • DES MOINES
Mi.L"Ur1LMLO 8Y JORM MICROLAB
• CEDAR RAPIDS AND DES MOINES, IOW
iSection 23. Severability. If any section, paragraph,
or provision of this Resolution shall be held to be invalid
or unenforceable for any reason, the invalidity or unenforce-
ability of such section, paragraph or provision shall not
affect any of the remaining provisions.
Section 24. Repeal of Conflictin Ordinances or
Resolutions and Effective Date. All other ordinances,
resolutions and orders, or parts thereof, in conflict with
the provisions of this Resolution are, to the extent of such
conflict, hereby repealed; and this Resolution shall be in
effect from and after its adoption.
1978. .Adopted and approved this day of
Mayor
Attest:
City Clerk
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AHLEHB, COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS, DEB MOINES. IOWA
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JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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• CEDAR RAPIDS AND DES MOINES, IOW
iSection 23. Severability. If any section, paragraph,
or provision of this Resolution shall be held to be invalid
or unenforceable for any reason, the invalidity or unenforce-
ability of such section, paragraph or provision shall not
affect any of the remaining provisions.
Section 24. Repeal of Conflictin Ordinances or
Resolutions and Effective Date. All other ordinances,
resolutions and orders, or parts thereof, in conflict with
the provisions of this Resolution are, to the extent of such
conflict, hereby repealed; and this Resolution shall be in
effect from and after its adoption.
1978. .Adopted and approved this day of
Mayor
Attest:
City Clerk
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AHLEHB, COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS, DEB MOINES. IOWA
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mlw(UliLMLI BY JURM MICROLAB
CEDAR RAPIDS AND UES
7t x; ;l. 1, o
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CERTIFICATE
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
•I, the undersigned City Clerk of Iowa City
Iowa, do hereby certify that attached is a true and complete copy
of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a true and
ccmplete copv of the action taken by said Council with respect
to said matter at the meeting held on the date indicated in the
attach=ent, which.proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting,
and all action thereat was duly and publicly held pursuant to
the rules of the Council and the provisions of Chapter 28A, Code
of Iowa, upon advance notice to the public and media as required
by said lair and with members of the public present in attendance;
I further certify that the individuals named therein were on
the date thereof duly and lata -fully possessed of their respective
city offices as indicated therein, that no council vacancy
existed except as may be stated in said proceedings, and that
no controversy or litigation is pending, prayed or threatened
involving the incorporation, organization, existence or
boundaries of the City or the right of the individuals named
therein as officers to their respective positions.
WITNESS my hand and the seal of said municipality hereto
affixed this �r day of 1Vade1{�i1av� , 19 78 .
n
r�
Clerk of the City/bf Iowa City Iowa
SEAL
A NLERS. CCONCY. DORr. CIL CR. HA.NIC S SNI TH. L.AN,YERS. DCS MOINES. 101
9 8�t ►� /989
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NICROFl LMED 6Y
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CEDAR RAPIDS • DES MOINES
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CEDAR RAPIDS AIID UE
COMPLETE"ETURN TO
MR. HAYNIE
October 31 1978
The Council of Iowa City, Iowa, met on the above date, in
regular session, pursuant to law and the rules of
said Council, and in accordance with the terms of a notice of
meeting, a copy of which was timely served on each member of
the Council and accepted in writing by each member thereof,
said notice of meeting being as follows:
NOTICE
October 31 1978
TO: John R. Balmer, Carol W. deProsse, Clemens Erdahl,
i
Mary C. Neuhauser, David Perret, Glenn E. Roberts,
and Robert A. Vevera
Council Members
You are hereby notified that a meeting of the Council
will be held on the 31st day of Dctob r 1978, at the '
Council Chambers in the Civic Center, Iowa City, Iowa, at
7:30 o'clock P. M., for the purpose of considering
the adoption of a Resolution Fixing Date for a Meeting on the
Proposition of the Issuance of $5,200,000.,' Parking Facilities
Revenue Bonds of Iowa City, Iowa, and Providing for Publication
c° Notice Thereof, and for such other business in connection
therewith as may come before the meeting.
Respectfully submitted,
Mayor
Service of the foregoing notice is hereby acknowledged:
/s/ John R. Balmer
/s/ Carol W. deProsse
f
/s/ Clemens Erdahl
I
/s/ Mary C. Neuhauser
/s/ David Perret
/s/ Glenn E. Roberts
AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEB MOINES, IOWA
MICROFILMED By
JCIRM MICR+LAB
i
CEDAR RAPIDS - DES MOINES
r
.r
y
t
a
i
'1
i
- I
I
M,L,wrILALo BY JURM 141CROLAB
CEDAR RAPIDS AIID UE
COMPLETE"ETURN TO
MR. HAYNIE
October 31 1978
The Council of Iowa City, Iowa, met on the above date, in
regular session, pursuant to law and the rules of
said Council, and in accordance with the terms of a notice of
meeting, a copy of which was timely served on each member of
the Council and accepted in writing by each member thereof,
said notice of meeting being as follows:
NOTICE
October 31 1978
TO: John R. Balmer, Carol W. deProsse, Clemens Erdahl,
i
Mary C. Neuhauser, David Perret, Glenn E. Roberts,
and Robert A. Vevera
Council Members
You are hereby notified that a meeting of the Council
will be held on the 31st day of Dctob r 1978, at the '
Council Chambers in the Civic Center, Iowa City, Iowa, at
7:30 o'clock P. M., for the purpose of considering
the adoption of a Resolution Fixing Date for a Meeting on the
Proposition of the Issuance of $5,200,000.,' Parking Facilities
Revenue Bonds of Iowa City, Iowa, and Providing for Publication
c° Notice Thereof, and for such other business in connection
therewith as may come before the meeting.
Respectfully submitted,
Mayor
Service of the foregoing notice is hereby acknowledged:
/s/ John R. Balmer
/s/ Carol W. deProsse
f
/s/ Clemens Erdahl
I
/s/ Mary C. Neuhauser
/s/ David Perret
/s/ Glenn E. Roberts
AHLERS. GOONEY. DORWEILER. HAYNIE S SMITH. LAWYERS. DEB MOINES, IOWA
MICROFILMED By
JCIRM MICR+LAB
i
CEDAR RAPIDS - DES MOINES
I.1L,(W ILMLu by JORM MICROLAB
CEDAR RAPIDS AND
The meeting was called to order by Robert A. Vevera
Mayor, and on roll call the following Council Members were
present:
Balmer, deProsse Erdahl Neuhauser,
Perret Roberts Vevera
Absent: none
The form of proposed Resolution entitled "A RESOLUTION
AUTHORIZING ANDPROVIDING FOR THE ISSUANCE AND SECURING THE
PAYMENT OF $5,200,000 PARKING FACILITIES REVENUE BONDS OF THE
CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY
CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID
BONDS" was received and placed on file for public inspection.
S
Council Member Roberts introduced the
�. following Resolution entitled RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF $5,200,000
PARKING FACILITIES REVENUE BONDS OF IOWA CITY, IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and
^I moved that the same be adopted. Council Member
Neuhauser seconded the motion to adopt.
The roll was called and the vote was,
AYES: Balmer, deProsse, Erdahl, Neuhauser,
- Perret, Roberts, Vevera
NAYS: None
Whereupon, the Mayor declared the resolution duly
adopted as follows:
!Pa
AHLERS. COONEY. DORWEILEn. HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA
s.•.tr ._._ j
1 19CROFIDFILIIED BY
1
DORM MICR+LAB '!
CEDAR RAPIDS • DES MOINES
■
I
;
f
l
1
I.1L,(W ILMLu by JORM MICROLAB
CEDAR RAPIDS AND
The meeting was called to order by Robert A. Vevera
Mayor, and on roll call the following Council Members were
present:
Balmer, deProsse Erdahl Neuhauser,
Perret Roberts Vevera
Absent: none
The form of proposed Resolution entitled "A RESOLUTION
AUTHORIZING ANDPROVIDING FOR THE ISSUANCE AND SECURING THE
PAYMENT OF $5,200,000 PARKING FACILITIES REVENUE BONDS OF THE
CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY
CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID
BONDS" was received and placed on file for public inspection.
S
Council Member Roberts introduced the
�. following Resolution entitled RESOLUTION FIXING DATE FOR A
MEETING ON THE PROPOSITION OF THE ISSUANCE OF $5,200,000
PARKING FACILITIES REVENUE BONDS OF IOWA CITY, IOWA,
AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and
^I moved that the same be adopted. Council Member
Neuhauser seconded the motion to adopt.
The roll was called and the vote was,
AYES: Balmer, deProsse, Erdahl, Neuhauser,
- Perret, Roberts, Vevera
NAYS: None
Whereupon, the Mayor declared the resolution duly
adopted as follows:
!Pa
AHLERS. COONEY. DORWEILEn. HAYNIE S SMITH. LAWYERS, DES MOINES. IOWA
s.•.tr ._._ j
1 19CROFIDFILIIED BY
1
DORM MICR+LAB '!
CEDAR RAPIDS • DES MOINES
■
h lu<Ui iLI'ILU BY JORM HICROLAB
CEDAR RAPIDS AND DE
RESOLUTION NO. 78-472
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF -$5,200,000
PARKING FACILITIES REVENUE BONDS OF IOWA CITY,
IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Iowa City, Iowa, is in need of
funds to carry out a project as hereinafter described; and,
it is deemed necessary and advisable that said City should
issue Parking Facilities Revenue Bonds to the amount of
$5,200,000 as authorized by Section 384.83, of the City Code
of Iowa, for the purpose of providing funds to pay costs
thereof; and
WHEREAS, before said bonds may be issued, it is necessary
to comply with the provisions of said Code, and to publish a
notice of the proposal to issue such bonds and of the time
and place of the meeting at which the Council proposes to
take action for the issuance of the bonds and to receive
oral and/or written objections from any resident or property
owner of said City to such action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
Section 1. That this Council meet in the Council
Chambers in the Civic Center, at Iowa City, Iowa, at 7:30
o'clock P -M., on the 7th day of November , 978,
for the purpose of taking action on the matter of the issuance
of $5,200,000 Parking Facilities Revenue Bonds of said City,
the proceeds of which bonds will be used to provide funds to
pay costs of additions to the municipal parking facilities
system including multilevel facilities for the parking of
motor vehicles and related or subordinate uses.
Section 2. That the Clerk is hereby directed to cause
at least one publication to be made of a notice of said
meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general
circulation in said City, said publication to be not less
than four clear days nor more than twenty days before the
date of said public meeting on the issuance of said bonds.
Section 3. The notice of the proposed action to issue
said bonds shall be in substantially the following form:
-3-
AHLERS. COONCY, DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA
I IdILROFILMEO BY
JORM MICR#LOB
CEDAR RAPIDS • DES MOINES
1l
I
1J
i,
I
j,
�
I
i
i
I
I
i
h lu<Ui iLI'ILU BY JORM HICROLAB
CEDAR RAPIDS AND DE
RESOLUTION NO. 78-472
RESOLUTION FIXING DATE FOR A MEETING ON THE
PROPOSITION OF THE ISSUANCE OF -$5,200,000
PARKING FACILITIES REVENUE BONDS OF IOWA CITY,
IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Iowa City, Iowa, is in need of
funds to carry out a project as hereinafter described; and,
it is deemed necessary and advisable that said City should
issue Parking Facilities Revenue Bonds to the amount of
$5,200,000 as authorized by Section 384.83, of the City Code
of Iowa, for the purpose of providing funds to pay costs
thereof; and
WHEREAS, before said bonds may be issued, it is necessary
to comply with the provisions of said Code, and to publish a
notice of the proposal to issue such bonds and of the time
and place of the meeting at which the Council proposes to
take action for the issuance of the bonds and to receive
oral and/or written objections from any resident or property
owner of said City to such action;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
Section 1. That this Council meet in the Council
Chambers in the Civic Center, at Iowa City, Iowa, at 7:30
o'clock P -M., on the 7th day of November , 978,
for the purpose of taking action on the matter of the issuance
of $5,200,000 Parking Facilities Revenue Bonds of said City,
the proceeds of which bonds will be used to provide funds to
pay costs of additions to the municipal parking facilities
system including multilevel facilities for the parking of
motor vehicles and related or subordinate uses.
Section 2. That the Clerk is hereby directed to cause
at least one publication to be made of a notice of said
meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general
circulation in said City, said publication to be not less
than four clear days nor more than twenty days before the
date of said public meeting on the issuance of said bonds.
Section 3. The notice of the proposed action to issue
said bonds shall be in substantially the following form:
-3-
AHLERS. COONCY, DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA
I IdILROFILMEO BY
JORM MICR#LOB
CEDAR RAPIDS • DES MOINES
FiiLi4cu BY JORM NICROLAB
CEDAR RAPIDS AND DES
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOSIA CITY, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF $5,200,000 PARKING FACILITIES REVENUE
BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that the City
Council
ou ciloOf
i
the City of Iowa City, Iowa, will hold a p o'clock
the 7th day of Novem_ ber _r, 1976, at 7:30
p .M., in the Civic Center in Iowa City, Iowa, at which
meeting -the Council proposes to take additional action for
the issuance of $5,200,000 Parking Facilities Revenue Bonds
of said City. Said bonds will not constitute general obligations
or be payable in any manner by taxation, but will be payable
from and secured by the net revenues of the City's system of
municipal parking facilities. Said net revenues are defined
as follows:
"Net revenues" shall mean gross earnings
including
investment earnings, rentals of any portion
system or the propertieof the
s comprising it; lease payments,
parking fees, and parking charges of any kind of the
system, including by validation, overtime charges or
payments received in any manner, after deduction of
system expenses; "System expenses" shall mean and
include (1) for all off-street
ofparking
operating,facilities
maintaining,
' reasonable and necessary cost
repairing and insuring such facilities, salaries,
wages, costs and materials and supplies; (2) for all
on -street parking meters, the repair and replacement of
parking meters, salaries and wages of meter repair
and
collection personnel. Capital costs, depreciation,
and
interest or principal payments are not system expenses.
The parking facilities system is defined as follows:
"System" shall mean and is established and defined
as the parking facilities system of the City
"off-street parking" as hereinafter described and "on -
street parking" including parking meters located on
and along the City's streets and all properties acquired
or to be acquired from the proceeds of art Bonds or
by
from revenues of the system or made a p
Council resolution.
Said bonds are proposed to be issued for the purpose of
paying costs of additions to the municipal parking facilities
system including multilevel facilities for the parking-=Pf
motor vehicles and related or subordinate uses.
-4 -
AHLE"S. COONEY. DORWCILEO• HAYNIE A SMITH. LAWYCi1S. DES MOINCS, IOWA
Y �t� MICROFILMED 6Y
1 JORM MICR+LAB
i
CEDAR RAPIDS • DES MOINES
i
i
i
I.
�i
FiiLi4cu BY JORM NICROLAB
CEDAR RAPIDS AND DES
NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF
IOSIA CITY, IOWA, ON THE MATTER OF THE PROPOSED
ISSUANCE OF $5,200,000 PARKING FACILITIES REVENUE
BONDS OF SAID CITY, AND THE HEARING ON THE ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that the City
Council
ou ciloOf
i
the City of Iowa City, Iowa, will hold a p o'clock
the 7th day of Novem_ ber _r, 1976, at 7:30
p .M., in the Civic Center in Iowa City, Iowa, at which
meeting -the Council proposes to take additional action for
the issuance of $5,200,000 Parking Facilities Revenue Bonds
of said City. Said bonds will not constitute general obligations
or be payable in any manner by taxation, but will be payable
from and secured by the net revenues of the City's system of
municipal parking facilities. Said net revenues are defined
as follows:
"Net revenues" shall mean gross earnings
including
investment earnings, rentals of any portion
system or the propertieof the
s comprising it; lease payments,
parking fees, and parking charges of any kind of the
system, including by validation, overtime charges or
payments received in any manner, after deduction of
system expenses; "System expenses" shall mean and
include (1) for all off-street
ofparking
operating,facilities
maintaining,
' reasonable and necessary cost
repairing and insuring such facilities, salaries,
wages, costs and materials and supplies; (2) for all
on -street parking meters, the repair and replacement of
parking meters, salaries and wages of meter repair
and
collection personnel. Capital costs, depreciation,
and
interest or principal payments are not system expenses.
The parking facilities system is defined as follows:
"System" shall mean and is established and defined
as the parking facilities system of the City
"off-street parking" as hereinafter described and "on -
street parking" including parking meters located on
and along the City's streets and all properties acquired
or to be acquired from the proceeds of art Bonds or
by
from revenues of the system or made a p
Council resolution.
Said bonds are proposed to be issued for the purpose of
paying costs of additions to the municipal parking facilities
system including multilevel facilities for the parking-=Pf
motor vehicles and related or subordinate uses.
-4 -
AHLE"S. COONEY. DORWCILEO• HAYNIE A SMITH. LAWYCi1S. DES MOINCS, IOWA
Y �t� MICROFILMED 6Y
1 JORM MICR+LAB
i
CEDAR RAPIDS • DES MOINES
I4iuWhiLMLU BY JORM I.11CROLAB
I
CEDAR RAPIDS AND DE
I
i
A proposed form of resolution for the authorization of
the issuance of said bonds is now on file in the office of
the City Clerk. Said resolution defines the parking system,
/.i its revenues and expenses, the bonds, their terms, accounting
requirements, restrictions and limitation on the City in the
operation of its Municipal Parking Facilities System, in the
issuance of additional bonds, and containing such other provi-
sions as are deemed appropriate. The Council will consider
the form of said resolution at the meeting aforesaid and
reserves the right to make such modifications therein as it
shall deem appropriate following said hearing or as may appear
!. ; necessary to effect the sale thereof in one or more installments.
j This notice is given by order of the Council of Iowa City,
Iowa, as provided by Section 381.83 of the City Code of Iowa.
, I ,
j
I
I
i
i
AHLERS• COONEY. DORWEILER. HAYNIE A SMITH. LAWYERS. DES MOINES. IOWA i
MICROFILMED BY .
JORM MICR+LAB`Ij
CEDAR RAPIDS • DES MOINES
tli,,KUtILMLU BY JORM 141CROLAB
CEDAR RAPIDS AND
PASSED AND APPROVED, this 31st day of October , 1978.
Mayor
ATTEST:
Clerk
Council MemberRoberts introduced the
following Resolution entitled "RESOLUTION DIRECTING'THE
ADVERTISEMENT FOR SALE OF $5,200,000 PARKING FACILITIES
REVENUE BONDS", and moved its adoption. Council Member
Neuhaus er seconded the motion to adopt.
The roll was called and the vote was,
AYES: Balmer, deProsse, Erdahl. Neuhauser
Perret, Roberts, Vevera
NAYS:. None
Whereupon, the Mayor declared the resolution duly
adopted as follows:
RESOLUTION N0. 78-474
RESOLUTION DIRECTING THE
ADVERTISEMENT FOR SALE OF $5,200,000
PARKING FACILITIES REVENUE BONDS
WHEREAS, it is deemed necessary and advisable that the
City of Iowa City, Iowa, should issue its Parking Facilities
Revenue Bonds to the amount of $5,200,000 as authorized by
Section 384.83 of the City Code of Iowa, for the purpose of
providing funds to pay costs of additions to the municipal
parking facilities system including multilevel facilities
for the parking of motor vehicles and related or subordinate
uses; and
-6-
AHLCRS• GOONEY. DORWEILCR• HAYNIC A SMITH. LAWYERS. DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
i
i
i
i
I
tli,,KUtILMLU BY JORM 141CROLAB
CEDAR RAPIDS AND
PASSED AND APPROVED, this 31st day of October , 1978.
Mayor
ATTEST:
Clerk
Council MemberRoberts introduced the
following Resolution entitled "RESOLUTION DIRECTING'THE
ADVERTISEMENT FOR SALE OF $5,200,000 PARKING FACILITIES
REVENUE BONDS", and moved its adoption. Council Member
Neuhaus er seconded the motion to adopt.
The roll was called and the vote was,
AYES: Balmer, deProsse, Erdahl. Neuhauser
Perret, Roberts, Vevera
NAYS:. None
Whereupon, the Mayor declared the resolution duly
adopted as follows:
RESOLUTION N0. 78-474
RESOLUTION DIRECTING THE
ADVERTISEMENT FOR SALE OF $5,200,000
PARKING FACILITIES REVENUE BONDS
WHEREAS, it is deemed necessary and advisable that the
City of Iowa City, Iowa, should issue its Parking Facilities
Revenue Bonds to the amount of $5,200,000 as authorized by
Section 384.83 of the City Code of Iowa, for the purpose of
providing funds to pay costs of additions to the municipal
parking facilities system including multilevel facilities
for the parking of motor vehicles and related or subordinate
uses; and
-6-
AHLCRS• GOONEY. DORWEILCR• HAYNIC A SMITH. LAWYERS. DES MOINES, IOWA
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
14l LutUF iLi•ILU Bi JORN 141CROLAB
CEDAR RAPIDS AND
WHEREAS, notice has been ordered published as required
by Section 384.83 of the City Code of Iowa of a public
meeting and hearing upon the proposal to institute proceedings
for the issuance of the above described bonds and all objections,
if any made by any resident or property owner to the issuance
thereof; and it is deemed necessary that said bonds be
advertised for public sale to be held following said meeting
_ in the event it shall be decided to proceed with the issuance
of bonds at the public meeting and hearing thereon;
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF IOWA CITY, IOWA:
Section 1. That the bonds hereinafter described be
offered at public sale, pursuant to advertisement as required
by law.
Section 2. That the City Clerk is hereby directed to
said bonds for two
publish notice of sale of successive
weeks in the Press -Citizen, a legal newspaper, printed
wholly in the English language, published in the City of
Iowa City, County of Johnson, State of Iowa, such newspaper
being located in the County where the bonds are to be offered
for sale, pursuant to the provisions of Chapter 75 0£ the
cil
Code of Iowa, said notice to state that this City Coonclockn the
21st day of November 1978, at 1:00
will hold a meeting to receive and act upon bids
for said bonds; said notice to be in substantially the form
attached hereto.
i
PASSED AND APPROVED this 31st day of October'
1978.
_.e
Mayor
ATTEST:
I
Clerk
i
-7-
AHLERS. GOONEY. DORWEILER, HAYNIE 5 SMITH. LAWYERS. DES MOINES. IOWA
141CROFILMED BY _ '1
j
JORMMICR+LAB
CEDAR RAPIDS - DES MOINES
I•Ii1,ItUr1Li'iLU BY JURt•1 MICRULAB
CEDAR RAPIDS AND DE
OFFICIAL NOTICE OF SALE
$5,200,000
CITY OF IOWA CITY, IOWA
Parking Facilities Revenue Bonds, Series 1978
Sealed bids will be received until 1:00 P.M., Local Time,
on the 21st day of November, 1978, at the office of the City
Clerk in the Civic Center, Iowa City, Iowa, for the purchase
of $5,200,000 Parking Facilities Revenue Bonds, Series 1978,
of the City of Iowa City, Iowa. Promptly thereafter open b0s
will be called for in the Council Chambers at 'the meeting of
the City Council of said City to be then held in the Civic
Center in said City. If no open bids are then made, such
bidding will then be closed but if commenced, will be concluded
not later than 1:30 P.M. on the date of sale. After the best
open bid, if any, has been determined,, the sealed bids will be
publicly opened. All bids will then be referred to the City
Council of said City and the bonds will be sold to the highest
bidder for cash. Sealed bids will be fully protected and will
remain sealed until open bidding has been concluded.
Said bonds will be payable at the office of the City
Treasurer and will be coupon bonds registrable as to principal
only, will be dated December 1, 1978, be in the denomination
of $5,000, bear interest payable July 1, 1979, and semiannually
thereafter on the first days of January and July in each year,
and mature serially on July 1 of each of the respective years
as follows:
$105,000 ...
1982
$115,000 ...
'I
$120,000 ...
1984
$130,000 ...
1985
$140,000 ...
i
i i
'1
$150,000 ...
1987
$160,000 ...
1988
I•Ii1,ItUr1Li'iLU BY JURt•1 MICRULAB
CEDAR RAPIDS AND DE
OFFICIAL NOTICE OF SALE
$5,200,000
CITY OF IOWA CITY, IOWA
Parking Facilities Revenue Bonds, Series 1978
Sealed bids will be received until 1:00 P.M., Local Time,
on the 21st day of November, 1978, at the office of the City
Clerk in the Civic Center, Iowa City, Iowa, for the purchase
of $5,200,000 Parking Facilities Revenue Bonds, Series 1978,
of the City of Iowa City, Iowa. Promptly thereafter open b0s
will be called for in the Council Chambers at 'the meeting of
the City Council of said City to be then held in the Civic
Center in said City. If no open bids are then made, such
bidding will then be closed but if commenced, will be concluded
not later than 1:30 P.M. on the date of sale. After the best
open bid, if any, has been determined,, the sealed bids will be
publicly opened. All bids will then be referred to the City
Council of said City and the bonds will be sold to the highest
bidder for cash. Sealed bids will be fully protected and will
remain sealed until open bidding has been concluded.
Said bonds will be payable at the office of the City
Treasurer and will be coupon bonds registrable as to principal
only, will be dated December 1, 1978, be in the denomination
of $5,000, bear interest payable July 1, 1979, and semiannually
thereafter on the first days of January and July in each year,
and mature serially on July 1 of each of the respective years
as follows:
$105,000 ...
1982
$115,000 ...
1983
$120,000 ...
1984
$130,000 ...
1985
$140,000 ...
1986
$150,000 ...
1987
$160,000 ...
1988
$170,000 ...
1989
MATURITIES - July 1
$180,000 ...
1990
$195,000 ...
1991
$210,000 ...
1992
$225,000 ...
1993
$240,000 ...
1994
$255,000 ...
1995
$275,000
... 1996
$290,000
... 1997
$310,000
... 1998
$335,000
... 1999
$360,000
... 2000
$385,000
... 2001
$410,000
... 2002
$440,000
... 2003
Bonds maturing 1982 to 1990, inclusive, are non -callable.
Bonds due July 1, 1991 to 2003, inclusive, are callable on any
interest payment date on or after July 1, 1990, in whole or in
part, in the inverse order of maturity and within a maturity
by lot, at par plus accrued interest and a premium of 5''=, such
premium reducing by 1/2 of 1% each full year after July -i:,
1990.
-8-
AHLERS. COONEY. DORWEILER. HAYNIE h SMITH. LAWYERS, DES MOINES. IOWA
IICROFILMED DY
I
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
1'i,Ll(U11LNLu by JORM I,IICROLAb
CEDAR RAPIDS MID DES
The proceeds of these bonds will be used for the acquisi-
tion and construction of additions to the municipal parking
facilities system, including multi-level facilities for the
parking of motor vehicles. These bonds are payable, both
principal and interest, solely from the revenues of the parking
system of the City of Iowa City, in the manner set forth in
the Resolution authorizing them, and in no event shall constitute
an indebtedness of the City within the meaning of any constitu-
tional or statutory limitation. No tax funds of the City can
or will be used for the payment of either principal or interest.
Bidders shall specify the interest rate or rates which
the respective bonds shall bear, not exceeding 7 1/2%, in
multiples of one-quarter or one-tenth of one percent (1/4 or
1/10 of 1%), provided that only one rate shall be specified
for a single maturity and not more than six (6) rates may be
named. Repeating a previously mentioned interest rate will
not constitute an additional interest rate. The highest rate
bid for the bonds shall not exceed the lowest rate by more
than two percent (2a) per annum. Each installment of.interest
will be represented by a single coupon on each bond and no
supplemental coupons will be permitted. All bids must be for
all of the bonds, must be for not less than 55,200,000 plus
accrued interest from December 1, 1978, to the date of delivery,
must be made upon the Official Bid Form and delivered in a
sealed envelope marked "Bid for Bonds." The bonds will be
awarded to the best bidder determined upon the basis of the
lowest total interest cost at the rate or rates designated in
his bid from December 1, 1978, to the respective maturity
dates, after deducting any premium and without reference to
prior redemption dates.
The bonds will be delivered without expense to the purchaser
in Des Moines, Iowa, or Chicago, Illinois, at any mutually
agreeable bank or trust company, against full payment in
immediately available cash or federal funds. The bonds are
expected to be delivered within thirty days after the sale.
Should delivery be delayed beyond sixty days from date of sale
for any reason without the fault of the issuer, or except
failure of performance by the purchaser, the purchaser may
withdraw his check and thereafter his interest in and liability
for the bonds will cease. (When the bonds are read_ for
delivery, the issuer will give the successful bidder five
working days notice of the delivery date and the issuer will
expect payment in full on that date, otherwise reserving the
right at its option to determine that the bidder has failed to
comply with the offer of purchase.)
ANLE"S. GOONEY. DOIIW EILEII. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA
� IdICROFI LNED BY
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The proceeds of these bonds will be used for the acquisi-
tion and construction of additions to the municipal parking
facilities system, including multi-level facilities for the
parking of motor vehicles. These bonds are payable, both
principal and interest, solely from the revenues of the parking
system of the City of Iowa City, in the manner set forth in
the Resolution authorizing them, and in no event shall constitute
an indebtedness of the City within the meaning of any constitu-
tional or statutory limitation. No tax funds of the City can
or will be used for the payment of either principal or interest.
Bidders shall specify the interest rate or rates which
the respective bonds shall bear, not exceeding 7 1/2%, in
multiples of one-quarter or one-tenth of one percent (1/4 or
1/10 of 1%), provided that only one rate shall be specified
for a single maturity and not more than six (6) rates may be
named. Repeating a previously mentioned interest rate will
not constitute an additional interest rate. The highest rate
bid for the bonds shall not exceed the lowest rate by more
than two percent (2a) per annum. Each installment of.interest
will be represented by a single coupon on each bond and no
supplemental coupons will be permitted. All bids must be for
all of the bonds, must be for not less than 55,200,000 plus
accrued interest from December 1, 1978, to the date of delivery,
must be made upon the Official Bid Form and delivered in a
sealed envelope marked "Bid for Bonds." The bonds will be
awarded to the best bidder determined upon the basis of the
lowest total interest cost at the rate or rates designated in
his bid from December 1, 1978, to the respective maturity
dates, after deducting any premium and without reference to
prior redemption dates.
The bonds will be delivered without expense to the purchaser
in Des Moines, Iowa, or Chicago, Illinois, at any mutually
agreeable bank or trust company, against full payment in
immediately available cash or federal funds. The bonds are
expected to be delivered within thirty days after the sale.
Should delivery be delayed beyond sixty days from date of sale
for any reason without the fault of the issuer, or except
failure of performance by the purchaser, the purchaser may
withdraw his check and thereafter his interest in and liability
for the bonds will cease. (When the bonds are read_ for
delivery, the issuer will give the successful bidder five
working days notice of the delivery date and the issuer will
expect payment in full on that date, otherwise reserving the
right at its option to determine that the bidder has failed to
comply with the offer of purchase.)
ANLE"S. GOONEY. DOIIW EILEII. HAYNIE & SMITH. LAWYERS. DES MOINES. IOWA
� IdICROFI LNED BY
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JORM MICR+LAB
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Iailt OW ILALU BY JORM MICROLAB
CEDAR RAPIDS AND
Said bonds will be sold subject to the approving opOf
inion.
of Ahlers, Cooney, Dorweiler, Haynie andmith, Aopinion:orneys`+ill
Des Moines, be
Iowa, as to the legality without cost to
furnished, together with the printed bonds,
to issue their opinion as be s
the purchaser and all bids will to the legality
Except o
o conditioned.
the extent necessary will not examine or review Or
plete-
of the bonds, the attorneys or
express any opinion with respect to the accuracy
ner s
ss of documents, materials °ssuancetatemortmarketing ofthe
in connection with the sale, rinted on the back of the bonds.
bonds. The opinion will..be p
All bids shall be accompanied by a certified check of a
I business in
cashier's check drawn upon a solvent bank
amount of
the United States, in favor of the City,
$104,000. The proceeds of said check will be forfeited as
urchase
Tete his p
liquidated damages in case the bidder to whom said bonds are
I awarded should withdraw his bid or fail to comp
in accordance with the ter>�somtlYeand nohinterestecks of uwill cbesful
bidders will be
returned p p y urchase price at
allowed on any checks. The r appliedton thecpurchassful bidder
will otherwise be rel
dthe City.
delivery at the op City -
4 -formalities
The City Council reserves the right to waive in
in any bid, to reject any or all bids and to determine in its
sole discretion the best bid. re aration o£ an
The City Council has authorized the p p
Official Statement containing pertinent information copiesof
to the City and the Municipal Parking system. For cop'
that statement, the Official Notice of SaanyaprOfficial ective Bid
Form, or for any additional information,
purchaser is referred to the Municipal Finance Consultants to
Paul D. Speer & Assoc'ates, Inc., 20 North Wack346-
rea 312
the City, o Illinois 60606. Telephone: A
Drive, Chicag ,
OE 58.
By order of the City Council of the City of Iowa City,
Iowa.
City�-
(End of Notice)
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AHLERS. COON EY. DORWEILER. HAYNIE A SMITH, LAWYERS. DES MOINES. IOWA
141CROFILMED BY
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CEDAR RAPIDS • DES MOINES
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The City Council reserves the right to waive in
in any bid, to reject any or all bids and to determine in its
sole discretion the best bid. re aration o£ an
The City Council has authorized the p p
Official Statement containing pertinent information copiesof
to the City and the Municipal Parking system. For cop'
that statement, the Official Notice of SaanyaprOfficial ective Bid
Form, or for any additional information,
purchaser is referred to the Municipal Finance Consultants to
Paul D. Speer & Assoc'ates, Inc., 20 North Wack346-
rea 312
the City, o Illinois 60606. Telephone: A
Drive, Chicag ,
OE 58.
By order of the City Council of the City of Iowa City,
Iowa.
City�-
(End of Notice)
-10-
AHLERS. COON EY. DORWEILER. HAYNIE A SMITH, LAWYERS. DES MOINES. IOWA
141CROFILMED BY
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CEDAR RAPIDS • DES MOINES
r1i� Ko LALU BY JORM MICROLAB
CEDAR RAPIDS AND
City of Iowa Cie -*
MEMORANDUM
r.
DA1E: October 30, 1978
To: City Council
FROM: Rosemary Vitosh, Director of Finance r -V
RE: Parking Revenue Bond Issue
The amount of the bond issue was computed last June to be $4,750,000.
This was based upon the amount of funds on hand, estimated construction
cost, the costs of capitalized interest, and a funded bond reserve.
Capitalized interest is the amount of interest payments which must be
made to bond holders while the parking ramp is under construction as j
revenues from the ramp are not yet being received. The bond reserve
is funded immediately so that investors are comfortable that enough
funds are on, hand to avoid a default on principal and interest. In
June, the construction cost estimates were $2,970,000 for Ramp A and
$1,575,000 for Ramp B. Due to inflation of construction costs, the
bid received on 10/25/78 for Ramp A came in at approximately $3,700,000.
Using this as a basis for construction costs for Ramp B now puts that
estimate at $1,800,000. In consultation with.Paul Speers, we have
found it necessary to increase this amount of the bond issue to
$5,200,000 because of the increase in construction costs. The term
of the issue has been increased from 23 years to 25 years in order
to keep debt service costs at the same approximate level as had been
computed for the lower amount. This was necessary in order to keep i
coverage (net revenue vs. debt service payments, annually) at a level
acceptable to investors.
{ 141CROFILMED BY
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CEDAR RAPIDS • DES MOIRES
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CEDAR RAPIDS AND
City of Iowa Cie -*
MEMORANDUM
r.
DA1E: October 30, 1978
To: City Council
FROM: Rosemary Vitosh, Director of Finance r -V
RE: Parking Revenue Bond Issue
The amount of the bond issue was computed last June to be $4,750,000.
This was based upon the amount of funds on hand, estimated construction
cost, the costs of capitalized interest, and a funded bond reserve.
Capitalized interest is the amount of interest payments which must be
made to bond holders while the parking ramp is under construction as j
revenues from the ramp are not yet being received. The bond reserve
is funded immediately so that investors are comfortable that enough
funds are on, hand to avoid a default on principal and interest. In
June, the construction cost estimates were $2,970,000 for Ramp A and
$1,575,000 for Ramp B. Due to inflation of construction costs, the
bid received on 10/25/78 for Ramp A came in at approximately $3,700,000.
Using this as a basis for construction costs for Ramp B now puts that
estimate at $1,800,000. In consultation with.Paul Speers, we have
found it necessary to increase this amount of the bond issue to
$5,200,000 because of the increase in construction costs. The term
of the issue has been increased from 23 years to 25 years in order
to keep debt service costs at the same approximate level as had been
computed for the lower amount. This was necessary in order to keep i
coverage (net revenue vs. debt service payments, annually) at a level
acceptable to investors.
{ 141CROFILMED BY
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CEDAR RAPIDS • DES MOIRES
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CEDAR RAPIDS AND DES
IOWA CITY, IOWA
Parking System Improvements
Capital Budget
October 31, 1978
Construction:
Ramp A (Per Bids)..........................................$3,700,000
Ramp B (Estimated) ........................................
1.800,000
Total Construction .......................................$5,500,000
Engineering, Design, (Balance) 150,000
Engineering Supervision .................................... 125,000
Construction Contingencies (Ramp A) ... 185,000
Construction Contingencies (Ramp B) ........................ 90,000
Subtotal ................................................ $6,050,000
Other Costs:
Capitalized Interest ($5,200,000 Q 7% - 15 months) ......... $ 455,000
Funded Bond Reserve (1 Year Debt Service) .................. 471,750
Legal, Fiscal, Administrative .............................. 65,250
Additional Contingencies ................................... 143,000
Total Funds Required ............ :.................. $7,185,000
Source of Funds
Funds On Nand .. ... . ........ $1,525,000
Interest Earnings (Estimated) ................................ 275,000
Other Net Revenues Through March 1, 1980 (Estimated) ......... 195,000
Revenue Bonds ................................................ 5,100.000
Total ................................................... $7,185,000
&NoS •"�S •1QS.
Paul D. Speer G Associates, Inc.
October 26, 1978
PDS:mk
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CEDAR RAPIDS AND DES
IOWA CITY, IOWA
Parking System Improvements
Capital Budget
October 31, 1978
Construction:
Ramp A (Per Bids)..........................................$3,700,000
Ramp B (Estimated) ........................................
1.800,000
Total Construction .......................................$5,500,000
Engineering, Design, (Balance) 150,000
Engineering Supervision .................................... 125,000
Construction Contingencies (Ramp A) ... 185,000
Construction Contingencies (Ramp B) ........................ 90,000
Subtotal ................................................ $6,050,000
Other Costs:
Capitalized Interest ($5,200,000 Q 7% - 15 months) ......... $ 455,000
Funded Bond Reserve (1 Year Debt Service) .................. 471,750
Legal, Fiscal, Administrative .............................. 65,250
Additional Contingencies ................................... 143,000
Total Funds Required ............ :.................. $7,185,000
Source of Funds
Funds On Nand .. ... . ........ $1,525,000
Interest Earnings (Estimated) ................................ 275,000
Other Net Revenues Through March 1, 1980 (Estimated) ......... 195,000
Revenue Bonds ................................................ 5,100.000
Total ................................................... $7,185,000
&NoS •"�S •1QS.
Paul D. Speer G Associates, Inc.
October 26, 1978
PDS:mk
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CEDAR RAPIDS AND DES
("�tESOLUTION NO. 78-470
RESOLUTION APPROVING CLASS "B"
BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
thafortthe0following8eer namedermit pers nporication personsiaththe hereproved
by
following
described location:
Joseph C. Momberg dba/Iowa City Maid -Rite, 630 Iowa Avenue
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 Neuhauser and seconded by
— Balmer
that the Resolution as read a adopted, and upon ro ca
ll
there were:
AYES: NAYS: ABSENT:
Balmer x —
deProsse x --
Erdahl x —
•r
Neuhauser X _
Perret x —_
Roberts x _
Vevera X
Passed and approved this 31st day of October , 1978
Mayor
7 )
Attest: ' / <« J
City Clerk
I
141CROFILMEO BY
JCRM MICR(�L
_ CEDAR RAPIDS • DES MOINES -
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l ,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
thafortthe0following8eer namedermit pers nporication personsiaththe hereproved
by
following
described location:
Joseph C. Momberg dba/Iowa City Maid -Rite, 630 Iowa Avenue
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 Neuhauser and seconded by
— Balmer
that the Resolution as read a adopted, and upon ro ca
ll
there were:
AYES: NAYS: ABSENT:
Balmer x —
deProsse x --
Erdahl x —
•r
Neuhauser X _
Perret x —_
Roberts x _
Vevera X
Passed and approved this 31st day of October , 1978
Mayor
7 )
Attest: ' / <« J
City Clerk
I
141CROFILMEO BY
JCRM MICR(�L
_ CEDAR RAPIDS • DES MOINES -
J
P1iyiWF 1L;ILU BY JURM NICROLAB
CEDAR RAPIDS AND UES
RESOLUTION NO. 78-471
RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY
PERMIT APPLICATION
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CEDAR RAPIDS AND UES
RESOLUTION NO. 78-471
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:
Joseph C. Momberg dba/Iowa City Maid -Rite, 630 Iowa Ave.
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- and seconded by Balmer
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 Y
Passed and approved this 31st day of October
19 78
Attest:
City Clerk
MICROFILMED BY
DORM .MICR+LAB
CEDAR RAPIDS • DES MOINES -
0
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:
Joseph C. Momberg dba/Iowa City Maid -Rite, 630 Iowa Ave.
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- and seconded by Balmer
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 Y
Passed and approved this 31st day of October
19 78
Attest:
City Clerk
MICROFILMED BY
DORM .MICR+LAB
CEDAR RAPIDS • DES MOINES -
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CEDAR RAPIDS AND DES
!I'78-474; 7
RESOLUTION N0.
RESOLU'T'ION AUTHOR]ZING 'I11E 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 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 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 of Iowa City and the University of Iowa did, on November 18,
197},, enter into an agreement fpr the sale of land, of which Acquisition Parcel
95-5 was a part; and,
WHEREAS, the City of Iowa City now has possession of said parcel and is desirous
of selling said parcel to the University of Iowa.
NOW, THEREFORE, BE 1T RESOLVED SY 711E 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 Redevelopment by A Public Body,
by and between the University of Iowa and the City of Iowa City, Iowa, a copy of
which contract is attached hereto and incorporated herein, such land to be sold
to the University of Iowa: Acquisition Parcel 95-5 as more particularly described
in said contract. Upon execution of the contract by the City and the University of
Iowa, the City Manager is authorized and directed to prepare a deed for said
property and deliver the deed to the University of Iowa upon receipt of payment for
said property.
It was moved by deProsse and seconded by Erdahl
that the Resolution as read be adopted and upon roll call there were:
AYES: NAYS:
ABSENT:
x
Balmer
x
deProsse
X —
ErdahI
X
Ncuhauser
x '—
Perrot
x
Roberts
X
Vevera
MICROFILMED BY .�
JORM MICR#LAB
CEDAR RAPIDS • DES MOINES
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14iui(Wii-ALU BY JURM MICROLAB CEDAR RAPIDS AND DES
p
Res. No. 78-474 -2-
Passed and approved this 31st day of October 1978.
Mayor
T='•47"�""�ICROF I L11ED BY
DORM MICR+LA13
�. CEDAR RAPIDS • DES MOINES
M,i,,tUt ii.A�u by JURN HICROLAB • CEDAR RAPT-., ACID - "lit
it
AGREDIENT FOR SALE OF LAND
FOR REDEVELOPMENT BY A PUBLIC BODY
AGREEMENT (hereinafter called "Agreement") made on or ns of thel8th day
of December , 1978 by and between the CITY OF IOIVA CITY, IOWA, of the
State of Iowa (hereinafter called "Agency") having its office at the Civic
Center, in the City of Iowa City, State of Iowa, and the STATE UNIVERSITY OF
IOWA, of the State of Iowa (hereinafter called "Public Body") having its offices
i
in the City of Iowa City, State of Iowa, WITNESSETH:
i
WHEREAS, in furtherance of the objectives of the Urban Renewal Law, Chapter
403 of the Code of Iowa 1973, the Agency has undertaken a program for the clearance
and reconstruction or rehabilitation of slum and blighted areas in the City of
Iowa City (hereinafter called "City"), and in this connection is engaged in
carrying out an urban renewal project known as the "City -University Project I,
Iowa R-14" (hereinafter called "Project") in an area (hereinafter called "Project
Area") located in the City; 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, as of the date of this Agreement there has been prepared and
approved by the City an urban renewal plan for the Project, consisting of ("The
Urban Renewal Plan,"dated September 3, 1969, by Resolution 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 otherwise indicated by the context, herein-
after called "Urban Renewal Plan"); and,
WHEREAS, a copy of the Urban Renewal Plan as constituted on the data 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,
I
WHEREAS, in order to enable the Agency to achieve the objectives of the
Urban Renewal Plan, and particularly to make land in the Project Area available
(after acquisition and clearance by the Agency) for redevelopment by a public
entity for and in accordance with the uses specified in the Urban Renewal Plan,
i both the Federal Government and the City have undertaken to provide, and have
provided, substnntial aid and assistance to the Agency through a Contract for
Loan and Capital Grant dated September 2, 1970, in the case of the Federal
Government.
j NOW, '111E11EFORE, each of the parties hereto, for and in consideration of
the premises and the mutual obligations herein, does hereby covenant and agree
with the other, as follows:
� . •ti- FILMED 9Y
JORM MICR#LAB
CEDAR RAPIDS • DES MOVIES
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MiutUiaLALU BY JORM MICROLAB
• CEDAR RAPIDS „J UES 'iC NE`, IOW
AR'T'ICLE 1. GF mbm. Tm- IS OF CONVEYANCE OF PROPERTY
Sec. 1 Sale and Purchase Price. Subject to all the terms, covenants,
and conditions of the Agreement, the Agency will sell certain real property
in the Project Area more particularly described in Exhibit B annexed hereto
and made a part hereof (which property, as so described, hereinafter called
"Property"), to the Public Body for, and the Public Body will purchase the
Property and pay to the Agency therefor, the amount of Thirty Nine,Thousand
Dollars ($39,000.00), hereinafter called 'Purchase Price". Such 'payment
shall be in cash, or by such check as shall be satisfactory to the Agency,
at the time and place provided herein.
Sec. 2 Conveyance. The Agency shall convey to the Public Body, upon
payment in full of the Purchase Price by the Public Body, title to the
Property by Special Warranty Deed. Said conveyance shall be to: "The
State of Iowa for the Use and Benefit of the State University of Iowa".
Sec. 3 Delivery of Decd. The Agency shall deliver the Deed and
possession of the Property to the Public Body on December 15, or on
such earlier date as the parties hereto may mutually agree in writing.
Conveyance shall be made at the principal office of the Agency and the
Public Body shall accept such conveyance and pay to the Agency the Purchase
Price at such time and place.
Sec. 4 Abstract of 'Title. Upon delivery of deed and possession, Agency
shall also deliver to the Public Body such abstract of title as it has in its
possession.
ARTICLE 11. PREPARATION OF PROPERTY FOR REDEVELOPMENT
Sec. l Preparation of Property. The Agency shall, prior to conveyance
of the Property and without expense to the Public Body, prepare the Property
for redevelopment, which preparation shall consist of the following:
Demolition of existing structures, backfill where necessary
With suitable granular material to one foot below grade,
and level to the grade with topsoil.
ARTICLIi III. CONSTRUCTION OF IMPROVEMENTS
Sec. 1 Construction Required. Upon acquisition of Urban Renewal
Acquisition Parcel 95-5, the Public Body will redevelop both Urban Renewal
Disposition Parcels 95-1 and 95-2 of which 95-5 is a part by construction
thereon of a combination of open space landscaped area which will enhance
the entrance to the addition to the Main Library of the University of Iowa,
and surface parking for automobiles and bicycles, said parking not to
exceed 40% of the total development area. In addition, the redeveloper may
mnke such permanent improvements on the Property, at such times as it dooms
advisable, so long as any such pormanont improvements are consistent
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with
------- with the Urban Renewal Plan, this Agreanent, and all applicable State
and local laws and further specifically provided that any buildings
erected upon the Property shall be set back at least twenty feet from
the Property line where said Property line abuts a public street right-
of-way. In addition, any buildings constructed on the Property shall
have a maximum height of eight stories. Upon written request of the
Agency from time to time., the Public Body will deliver to the Agency, _
to be retained by the Agency, plans with respect to the improvements
to be constructed or otherwise made by the Public Body on the Property,
in sufficient completeness and detail to show that the improvements and
construction thereof will be in accordance with the. provisions of the
Urban Renewal Plan and this Agreement. The City Council of the City of
Iowa City, „Iowa, retains the power to waive all or part of the require-
ments of this section when such waiver is deemed to be in the public
interest.
.Sec. 2 Time for C.onr.truction. The Public Body agrees for itself,
its successors and assigns, and every successor in interest to the
Property, pr any part thereof, and the Deed shall contain covenants
on t:lie part'of the Public Body for itself and such successors and
assigns, that the Public Body shall begin the redevelopment of the
Property through the construction of the Improvements thereon, within
twelve (12) months from the date of the Deed, and diligently proceed to
.'complete such construction within three (3) months from such date. It
is intended and agreed, and the Deed shall so expressly provide, that
the agreements and covenants of the Agreement pertaining to the Improve-
ments 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 othet-wise specifically provided
in the Agreement, be, I:o the fullest extent pcnnitted by law and equity,
binding for the benefit of the community and the Agency and enforceable
by the Agency against the Public Body, its successors and assigns, and
every successor in interest to the Property, or any part thereof or any
interest therein.
Sec. 3 Report on Pro Press. Subsequent to conveyance of the Property
or any part thereof to the Public Body, and until construction of the
Improvements has been completed, the Public Body shall, upon written
request of the Agency, make, in such detail as may reasonably be required
by the Agency, and forward to the Agency a report in writing as to the
actual progress of the Public Body with respect to such construction.
During such period, Che work of the Public Body shall be subject to
inspectioniby the Agency.
Sec. 4 Access to Property. Prior to delivery of possession of the
Property to the Public Body, the Agency shall pennit the Public Body access
thereto, whenever and to the extent necessary to carry out the purposes of
this and other sections or provisions of the Agreement; and, subsequent to
such delivery, the Public Body shall permit access to the Property by the
Agency and the City whenever and to the extent necessary to carry out the
purposes of this and other sections or provisions of the Agreement.
I
MICROFILMED BY
DORM MICR+LAB .tel
CEDAR RAPIDS • DES MOINES
H,UlWr 10-ILu BY JOHN 1.11CROLAB
CEDAR RAPIDS AND 'JCS `TNF' !nd
{ 141CROFILMED BY (
JORM MICR+LAB •1
CEDAR RAPIDS • DES MOINES
Sec. 5 Cert ificate_o_f Completion. Promptly after completion of
the Improvements in accordance with the provisions of the Agreement, the
furnish the Public Body with an appropriate so
it shalnontl
Agency shall
(and
certifying. Such certification by the Agency shall be (and il• shall be
•
so provided in the Deed and in the certification itself) a conclusive
k
determination of satisfaction and termination of the agreements and
to the obligations
covenants in the Agreement and in the Deed with respect
of the Public Body, its successors and assigns, and every successor in
S
interest to the Property, to construct the Improvements and the dates
for the beginning and completion thereof. All certifications provided
e
for in this Section shall be in such form as will enable them to be
e
recorded with the Recorder of Johnson County, Iowa.
ARTICLE IV. LAND USES
Sec. 1 Restrictions on land Use. The Public Body agrees for itself,
its successors and assigns, and every successor in interest to the Property,
or any thereof, and the Deed shall contain covenants on the part of
part
the Public Body for itself, and such successors and assigns, that the
Public Body, 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, as the same may hereafter be
- amended and extended from -time to time; and
(b) 'Not discriminate upon the basis of race, color, creed, or national
in the sale, lease, or rental or in the use or occupancy of the
origin
Property or any improvements erected or to be erected thereon, or any part
y.,
thereof.
Sec. 2 Effect of Covenants; Period of Duration. It is intended and
agreed, and the Deed shall so expressly provide, that the agreements and
it
covenants provided in this Article IV 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 other-
wise specifically provided in the Agreement, be, to the fullest extent per-
mitted by law and equity, binding for the benefit and in favor of, and
enforceable by, the Agency, its successors and assigns, the City, and the
(b) of
United States (in the case of the covenant provided in subdivision
Section 1 of this Article IV), against the Public Body, its successors and
assigns, and every successor in interest to the Property or any part thereof
of the
or any interest therein, and any party in possession or occupancy
agreed that the
Property or any part thereof. It is further intended and
(a) in subdivision (a) of Section l of this
Agreement and covenant provided
remain in effect until October 2, 1994 and shall auto-
Article IV shall
matically extend for five-year periods thereafter, unless changed by the
1
City Council, and (b) in subdivisi6a (b) of such Section 1 shall remain
in effect without limitation as to bine,
I
Sec. 3 Enforceability by ARencv and United States. In amplification,
and not in restriction, of the provisions of Section 2 of this Article IV,
it is intended and agreed that the Agency shall be deemed a beneficiary of
the agreements and covenants provided in Section 1 of this Article IV, and
{ 141CROFILMED BY (
JORM MICR+LAB •1
CEDAR RAPIDS • DES MOINES
r•iiLt Ut iLMLu by JORM MICROLAB
CEDAR RAPIOS AND
the United States shall be deemed a beneficiary of the covenant provided
in subdivision (b) of such Section 1, both for and in their or its own
right and also for the purposes of protecting the interests of the com-
munity and the other parties, public or private, in whose favor or for
whose benefit such agreement and covenants have been provided. Such
agreements and covenants shall (and the Deed shall so state) run in favor
of the Agency and the United States for the entire period during which such
agreements and covenants shall be in force, without regard to whether the
Agency or the United States is or has been an owner of any land or interest
therein to,- or in favor of, which such agreements and covenants relate.
The Agency shall have the right, in the event of any breach of any such
agreement or covenant, and the United States shall have the right, fn the
event of any breach of the covenant provided in subdivision (b) of.Section 1
of this Article IV, to exercise all the rights and remedies, and to maintain
any actions or suits at law or in equity or•other proper proceedings to en-
force the curing of such breach of agreement or covenant, to which it or
any other beneficiaries of such agreement or covemmnt may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSICIMNP AND TRANSFER
Sec. 1 esentntion as to Redevelopment. The Public Body represents
.and agrees that its purchase of the Property shall be for the purpose of
redevelopment of the Property in accordance with the Urban Renewal Plan and
•the Agreement.
Sec. 2 Prohibition Against Transfer of Prgpery and Assignment. The
'Public Body has not made or created, and will not, prior to the proper com-
pletion of the Improvements, as certified by the Agency, make or create,
or suffer to be made or created,' (a) any total or partial sale, conveyance,
or lease of the Property, or any part thereof or interest therein, or (b)
any assignment of the Agreement, or any part .thereof, or (c) any agreement
to do any of the foregoing, without the prior written approval of the'
Agency. Such approval shall be on such condition as the Agency may in its
exclusive discretion determine, including, but not limited to, the assump-
tie,t `-.y ,the pYoposed transferee, by instrument in writing, for itself and
its successors and assigns, and for the benefit of the Agency, of all
obligations of the Public Body under the Agreement.
ARTICLE VI. REMEDIES
\� Sec. 1 Notice of Default. In the event of any default under•or breach
of any of the terms or conditions of the Agreement by either party hereto,
or any successor or assign of, or successor in interest Co, the Property,
such party or successor shall upon written notice from the other proceed to
remedy or cure such default or breach within ninety (90) days after receipt
of such notice. In case such action is not taken or 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 or remedy such default or breach or to
141CROFILMED BY ..,�
JORM MICR+LAB ,
CEDAR RAPIDS • DES MOINES
ML ui(01 LALU by JURM MICROLAb
-6-
CEDAR RAPIDS AND DES
obtain damages theiefor, including but not limited to proceedings to
compel specific performance by the party in default or breach of its
obligations,
Sec, � Termination by Public Body, In the event that the Agency does
not tender conveyance of the Property or possession thereof in the manner
and condition, and by the date, provided in the Agreement and any such
failure shall not be cured within ninety (90) days after written demand
by the Public Body, then the Agreement shall at the option of,[he Public
Body be terminated, and neither the Agency nor the Public Body shall have
any further rights against or liability to the other under the Agreement, j
to conveyance
Sec. 3 Termination by APenc . In the event that prior
of the Property to the Public Body and in violation of the Agreement the 6
Public Body; (and any successor in interest) assigns or attempts to assign
the Agreement or any rights herein or in the Property, or the Public Body g
does not pay the Purchase Price- for and take title to the Property upon
proper .tender of conveyance by the Agency pursuant to the Agreement, then `
the Agreement and any rights of the Public Body or any successor or assign 1
of the Public Body or transferee of the Property under the Agreement or i
arising therefrom, with respect to the Agency or the Property, shall a[ the
, except
option of the Agency be terminated by the Agency. In such eventfor
the right of the Agency to'damages for such breach afforded by law, neither
the Public Body (or assignee or transferee) nor the Agency shall have any fur-
ther rights against or liability to the other under the Agreement.
Sec, 4 Delays Beyond Control of parties. For the purposes of the
Agreement, neither the Agency nor the Public Body, as the case may be, nor
any successor of either of them shall be considered in breach of or in
default under its obligations with respect to the preparation of the Property
for redevelopment, or the beginning and completion of construction of the
Improvements, or progress in respect thereto, in the event of enforced delay
in the performance of such obligations due to unforeseeable causesnot beyond its
control and without its fault or negligence, including,
ae,
of -God, acts of the public enemy, acts of the Government, acts ke the
other party, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, 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
the Public Body with respect to con -
for performance of the obligations ofstruction of the Improvements, as the case may be, shall be extended for the
period of the enforced delay; provided, that the party seeking
the benefit
ng
of the provisions of this Section shall, within thirty (30) y
r the
beginning of any such enforced delay, have first notified the other party
[hereof in Writing, and of the cause or causes thereof and requested an
extension for the period of the.enforced delay.
Sec 5 Rights and Remedies Cumulative, The rights and remedies of the
parties to the Agreement, 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
�• MICROFILMED BY
DORM MICR+LAE7
CEDAR RAPIDS • DES 1401NES
t
a
r
t ,
i
ML ui(01 LALU by JURM MICROLAb
-6-
CEDAR RAPIDS AND DES
obtain damages theiefor, including but not limited to proceedings to
compel specific performance by the party in default or breach of its
obligations,
Sec, � Termination by Public Body, In the event that the Agency does
not tender conveyance of the Property or possession thereof in the manner
and condition, and by the date, provided in the Agreement and any such
failure shall not be cured within ninety (90) days after written demand
by the Public Body, then the Agreement shall at the option of,[he Public
Body be terminated, and neither the Agency nor the Public Body shall have
any further rights against or liability to the other under the Agreement, j
to conveyance
Sec. 3 Termination by APenc . In the event that prior
of the Property to the Public Body and in violation of the Agreement the 6
Public Body; (and any successor in interest) assigns or attempts to assign
the Agreement or any rights herein or in the Property, or the Public Body g
does not pay the Purchase Price- for and take title to the Property upon
proper .tender of conveyance by the Agency pursuant to the Agreement, then `
the Agreement and any rights of the Public Body or any successor or assign 1
of the Public Body or transferee of the Property under the Agreement or i
arising therefrom, with respect to the Agency or the Property, shall a[ the
, except
option of the Agency be terminated by the Agency. In such eventfor
the right of the Agency to'damages for such breach afforded by law, neither
the Public Body (or assignee or transferee) nor the Agency shall have any fur-
ther rights against or liability to the other under the Agreement.
Sec, 4 Delays Beyond Control of parties. For the purposes of the
Agreement, neither the Agency nor the Public Body, as the case may be, nor
any successor of either of them shall be considered in breach of or in
default under its obligations with respect to the preparation of the Property
for redevelopment, or the beginning and completion of construction of the
Improvements, or progress in respect thereto, in the event of enforced delay
in the performance of such obligations due to unforeseeable causesnot beyond its
control and without its fault or negligence, including,
ae,
of -God, acts of the public enemy, acts of the Government, acts ke the
other party, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, 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
the Public Body with respect to con -
for performance of the obligations ofstruction of the Improvements, as the case may be, shall be extended for the
period of the enforced delay; provided, that the party seeking
the benefit
ng
of the provisions of this Section shall, within thirty (30) y
r the
beginning of any such enforced delay, have first notified the other party
[hereof in Writing, and of the cause or causes thereof and requested an
extension for the period of the.enforced delay.
Sec 5 Rights and Remedies Cumulative, The rights and remedies of the
parties to the Agreement, 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
�• MICROFILMED BY
DORM MICR+LAE7
CEDAR RAPIDS • DES 1401NES
0
i
5
i
i
E
Y
i
0
i
NLui ur tLMLL) BY JORM 141CROLAB
CEDAR RAPIDS AND DES
Q
of its remedies for any other default or breach by the otbe.r party. No
waiver made by either party with respect to Lbe performance, or mnnner or
time thereof, or any obligation of rile 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-vr condition to its own obligation beyond
those expressly waived 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. No such waiver shall be valid unless it
is in writing duly signed by the party waiving the right or rights.
ARTICLE VII. MISCELLANEOUS PROVISIONS
Sec. 1 Conflict of Interest. No member, official, or employee of
the Agency shall have any personal interest, direct or indirect, in tho
Agreement, nor shall -any such member, official, 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 lie is, directly or indirectly, interested. No member, official,
or employee of the Agency shall be personally liable to the Public Body or
..any,successor in interest -in the event of any default or breach by the
Agency or for any amount which may become due to the Public Body or successor
or on any obligations under the terms of the Agreement.
Sec. 2Egttal F.mplovnent OpRorttnily. The Public Body,'for itself,
and its successors and assigns, agrees that it will include the following
provisions of this Section 2 in every contract or purchase order which may
hereafter be entered into between the Public Body and any party (hereinafter
in this Section called "Contractor") for or in connection with the con-
struction of the Improvements, or any part thereof, provided for in the
Agreement unless such contract or purchase order is exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24, 1965:
"Sec. Equal Fmployrnent Opportuni[ . During the performance of this
contract, the Contractor agrees with the Public Body as follows:
(a) The Contractor will not discriminate against any employee or
applicant for employment because of race, creed, color, or national origin,
and after October 13, 1968, because of race, color, religion, sex, or
national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employ-
ment, without regard to their race, creed, color, or national origin, and
after October 13, 1968, without regard to their race, color, religion, sex,
or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or
recruitment advertiring; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The
Contractor agrees Lo post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the Agency setting
forth the provisions of this non- discrimination clause.
Y MICROFILMED BY -;
JORM MICR+LAG
CEDAR RAPIDS • DES MOINES
4 it,,Wl il.i•ILu BY JORM MICROLAB
CEDAR RAPIDS AND DES
(b) The Contractor will, in all solicitations or advertisements
for employees Placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for nemploymed afternttobent without
regard to race, creed, color, or national origin,
1968, without regard to race, color, religion, sex, or national origin.
The Contractor will send to each labor union or representative'
(e)
of workers with which the Contra
ctorahnotice, ltocbevprovided,i1advisingmenC
or other contract or understanding,
the labor union or wor'ker's representative of the Contractor's commit-
ber 24,
tin under
See
cooies0o( theof Executive
eorder
noticeinconspicuousfplacesmavailable.to,
and shall postp
employees and'applicants for employment.
(d) The Contractor will ComplyWith all the provisionsrrof Executive
order 11246 of September 24, 1965,
and ofions, and
relevant orders of the Secretary of Labor.
tion
(e) The Contractor will furnish all September and
and
reports
by the rules,
quired by Executive Order 11246 of Sep tile
regulations, and orders of the Secretary , andwillpermitaaccess
Housing and Urban Development pursuant thereto, enc the
to the Contractor's books, records, and accounts by the Agency,
Secretary of llousi.ng and Urban Development, andthe.Sey of Labor
.withsuch rules,
for purposes of investigation to ascertain compliance with s
regulations, and orders.
(f) In the even[ of the Contractor's noncompliance with,the non-
discrimination clauses of this contract or with any of such rules,
or
regulations, or orders, tpartcontract
tile Contractorcelled,
be declaredeineli-
suspended in whole or in p
gible for further Government contracts r fedeizedyinsE.xecutivenOrder t11246
contracts in accordance with p
of September 24, 1965, and such other sanctions may be imposed and remedies
rder
rule,rbgulation, orvided rordereof1ve theOSecretary6offLabor, orras othenaiser by
rule,
provided by law.
include the provisions
(g) The Contractor will Paragraphs
o'rder unless
through (g) of this Section in every subcontract purchase See
tary of Labor issuedn
exempted by rules, regulations, or orders of the of September 24, 1965, so
pursuant to Sectio204 of Executive Ordonreach,subcontractor or vendor.
that such provisions will be binding P
ct to
The Contractorepe
r will takeusuch
aeordertionwashthesAgency or the y construction t
the Department of
rchatract, subcontract, or p
mea
llousing and Urban Development may direct as a ns of enforcing such pro -
Provided
visions, including sanctions for noncomplianceor is threatened with, litiga-
: , however, that >n
the event the, Contractor becomes involved in,
tion with a subcontractor or vendor dl
as t Of such direction by the
ousing and Urban the Contractor may
Agency or the Department of fl
request the United States to enter into such litigation to protect the
interests of the United States."
IdI CROFT LM[D BY
'i
JORM MICR+LA9
' CEDAR RAPIDS • DES MOINES
i
i
7
p
t�
S
I
I
3
j�
I
I
I
I
I
4 it,,Wl il.i•ILu BY JORM MICROLAB
CEDAR RAPIDS AND DES
(b) The Contractor will, in all solicitations or advertisements
for employees Placed by or on behalf of the Contractor, state that all
qualified applicants will receive consideration for nemploymed afternttobent without
regard to race, creed, color, or national origin,
1968, without regard to race, color, religion, sex, or national origin.
The Contractor will send to each labor union or representative'
(e)
of workers with which the Contra
ctorahnotice, ltocbevprovided,i1advisingmenC
or other contract or understanding,
the labor union or wor'ker's representative of the Contractor's commit-
ber 24,
tin under
See
cooies0o( theof Executive
eorder
noticeinconspicuousfplacesmavailable.to,
and shall postp
employees and'applicants for employment.
(d) The Contractor will ComplyWith all the provisionsrrof Executive
order 11246 of September 24, 1965,
and ofions, and
relevant orders of the Secretary of Labor.
tion
(e) The Contractor will furnish all September and
and
reports
by the rules,
quired by Executive Order 11246 of Sep tile
regulations, and orders of the Secretary , andwillpermitaaccess
Housing and Urban Development pursuant thereto, enc the
to the Contractor's books, records, and accounts by the Agency,
Secretary of llousi.ng and Urban Development, andthe.Sey of Labor
.withsuch rules,
for purposes of investigation to ascertain compliance with s
regulations, and orders.
(f) In the even[ of the Contractor's noncompliance with,the non-
discrimination clauses of this contract or with any of such rules,
or
regulations, or orders, tpartcontract
tile Contractorcelled,
be declaredeineli-
suspended in whole or in p
gible for further Government contracts r fedeizedyinsE.xecutivenOrder t11246
contracts in accordance with p
of September 24, 1965, and such other sanctions may be imposed and remedies
rder
rule,rbgulation, orvided rordereof1ve theOSecretary6offLabor, orras othenaiser by
rule,
provided by law.
include the provisions
(g) The Contractor will Paragraphs
o'rder unless
through (g) of this Section in every subcontract purchase See
tary of Labor issuedn
exempted by rules, regulations, or orders of the of September 24, 1965, so
pursuant to Sectio204 of Executive Ordonreach,subcontractor or vendor.
that such provisions will be binding P
ct to
The Contractorepe
r will takeusuch
aeordertionwashthesAgency or the y construction t
the Department of
rchatract, subcontract, or p
mea
llousing and Urban Development may direct as a ns of enforcing such pro -
Provided
visions, including sanctions for noncomplianceor is threatened with, litiga-
: , however, that >n
the event the, Contractor becomes involved in,
tion with a subcontractor or vendor dl
as t Of such direction by the
ousing and Urban the Contractor may
Agency or the Department of fl
request the United States to enter into such litigation to protect the
interests of the United States."
IdI CROFT LM[D BY
'i
JORM MICR+LA9
' CEDAR RAPIDS • DES MOINES
1
14iutU 1LMLu BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, MOW
Y
1Al�s
)UCROPILMED BY
DORM MICR+LAB _
CEDAR RAPIDS • DES MOINES
I4iuiWr ILNLU BY JORM 14ICROLAB
CEDAR RAPIDS AND DES
For the purpose of including such provisions in any construction contract
or purchase order, as required by this Section 2, the term "Public Body" and the
term "Contractor" may be changed to reflect appropriately the name or designation
of the parties to such contract or purchase order.
Sec. 3 Notice. A notice or communication under the Agreement by either
party to the other shall be sufficiently given or delivered if dispatched by
registered mail, postage prepaid, return receipt requested, and
(a) in the case of a notice or communication to the Public Body, is addressed
as follows:
Ray B. Mossman
Business Manager and Treasurer
114 Jessup Hall
University of Iowa
Iowa City, Iowa 52242
and
(b) in the case of a notice or communication to the Agency, is addressed
as follows:
City Manager
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
or is addressed in such other way in respect to either party as that party may,
from time to time, designate in writing dispatched as provided in this Section.
Sec. 4 Agreement Survives Conveyance. None of the provisions of the
Agreement is intended to or shall be merged by reason of any deed transferring
title to the Property from the Agency to the Public Body or any successor in
interest, and any such deed shall not be deemed to affect or impair the provisions
and covenants of the Agreement.
Sec. 5 Counterparts. The Agreement is executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute
-
one and the same instrument.
ARTICLE VIII. APPROVAL
Sec. 1 This Agreement is subject to the approval of the State Board of
Regents and the Executive Council of the State of Iowa and if not so approved,
shall be null and void.
IAICROFI LIdEO BY
JORM MICR+LAB
1 ,
CEDAR. RAPIDS • DES MOINES
t;
i
s
,S
/.j
b
CEDAR RAPIDS AND DES
For the purpose of including such provisions in any construction contract
or purchase order, as required by this Section 2, the term "Public Body" and the
term "Contractor" may be changed to reflect appropriately the name or designation
of the parties to such contract or purchase order.
Sec. 3 Notice. A notice or communication under the Agreement by either
party to the other shall be sufficiently given or delivered if dispatched by
registered mail, postage prepaid, return receipt requested, and
(a) in the case of a notice or communication to the Public Body, is addressed
as follows:
Ray B. Mossman
Business Manager and Treasurer
114 Jessup Hall
University of Iowa
Iowa City, Iowa 52242
and
(b) in the case of a notice or communication to the Agency, is addressed
as follows:
City Manager
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
or is addressed in such other way in respect to either party as that party may,
from time to time, designate in writing dispatched as provided in this Section.
Sec. 4 Agreement Survives Conveyance. None of the provisions of the
Agreement is intended to or shall be merged by reason of any deed transferring
title to the Property from the Agency to the Public Body or any successor in
interest, and any such deed shall not be deemed to affect or impair the provisions
and covenants of the Agreement.
Sec. 5 Counterparts. The Agreement is executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute
-
one and the same instrument.
ARTICLE VIII. APPROVAL
Sec. 1 This Agreement is subject to the approval of the State Board of
Regents and the Executive Council of the State of Iowa and if not so approved,
shall be null and void.
IAICROFI LIdEO BY
JORM MICR+LAB
1 ,
CEDAR. RAPIDS • DES MOINES
i
Si
CEDAR RAPIDS AND DES
For the purpose of including such provisions in any construction contract
or purchase order, as required by this Section 2, the term "Public Body" and the
term "Contractor" may be changed to reflect appropriately the name or designation
of the parties to such contract or purchase order.
Sec. 3 Notice. A notice or communication under the Agreement by either
party to the other shall be sufficiently given or delivered if dispatched by
registered mail, postage prepaid, return receipt requested, and
(a) in the case of a notice or communication to the Public Body, is addressed
as follows:
Ray B. Mossman
Business Manager and Treasurer
114 Jessup Hall
University of Iowa
Iowa City, Iowa 52242
and
(b) in the case of a notice or communication to the Agency, is addressed
as follows:
City Manager
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
or is addressed in such other way in respect to either party as that party may,
from time to time, designate in writing dispatched as provided in this Section.
Sec. 4 Agreement Survives Conveyance. None of the provisions of the
Agreement is intended to or shall be merged by reason of any deed transferring
title to the Property from the Agency to the Public Body or any successor in
interest, and any such deed shall not be deemed to affect or impair the provisions
and covenants of the Agreement.
Sec. 5 Counterparts. The Agreement is executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute
-
one and the same instrument.
ARTICLE VIII. APPROVAL
Sec. 1 This Agreement is subject to the approval of the State Board of
Regents and the Executive Council of the State of Iowa and if not so approved,
shall be null and void.
IAICROFI LIdEO BY
JORM MICR+LAB
1 ,
CEDAR. RAPIDS • DES MOINES
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NlliiiUhiLHEU BY JORM MICROLAB CEDAR RAPIDS AND 01
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IN WITNESS WHEREOF, the Agency has caused the Agreement to be u
executed in its behalf and its seal to be hereunto affixed and attested;
k and the Public Body has caused the same to be duly executed in its behalf,
on or as of the day and year first above written.
CITY OF IOWA CITY
STATE UNIVERSITY OF IOWA
By: By:
R 'B
By:- Moa�aman���
ay B�
Business Manager & Treasurer ATTEST:
APPROVED:
STATE BPARD OF REGENTS
ARD OF IiU�UtNlb 7
By:
�Z e4k
xbcutive seer aryry
APPROVED:
EXECUTIVE COU C L
STA
By:
Secretary
141CROFILMED By
DORM MICR+LA13
it CEDAR RAPIDS - DES MOINES
Mi1,k0i-ILMLu BY JORM MICROLAB
CEDAR RAPIDS AND DES
RESOLUTION NO. 78-475
RESOLUTION. AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE DISPOSITION OF
PROPERTY OWNED BY THE CITY OF IOWA CITY, IOWA AND DIRECTING THE CITY CLERK TO
PUBLISH NOTICE OF THE SOLICITATION OF BIDS FOR SUCH PROPERTY.
WHEREAS, the City Council of the City of Iowa City, acting as the Local Public
Agency has the authority under the provisions of Chapter 403 of the 1978 code of
Iowa to dispose of property in the urban renewal project area; and,
WHEREAS, said property known as Clinton Street modulars "E", "N", and 11011, have
served their purpose and are now vacant;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY that the
City of Iowa City wishes to dispose of Clinton Street modulars "E", "N", and "0"
and to that end directs the City Manager to prepare said property for sale by sealed
bid, and directs the City Clerk to publish notice of such sale.
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 Balmer
x deProsse
x Erdahl
x Neuhauser
x Perret
x Roberts
x Vevera
Passed and approved this 31st day of October 1978.
6Z lv�
Mayor
f
ATTEST: -
City Cler
FILMED BY - -
1
DORM MICR+LAB
I
(CEDAR RAPIDS • DES MOINES
RECEIVED & APPROVED
RY THE LEGAL DEPARTMENT
2ooq
hli u<Ur ILMcu BY JORM MICROLAB
PROSPECTUS
CEDAR RAPIDS AND DES
The City of Iowa City is accepting bids on three modular units formerly used to
house displaced urban renewal businesses. Bids will be accepted on any one unit,
or combination of units described below. The bid awards will go to the highest
bidder for each unit.
Terms of the bidding:
1. All bids shall be delivered to the City Clerk no later than 2:00 P.M. Monday
November 20, 1978 in a sealed envelope or other container marked:
"Offer to purchase" modular(s)
City of Iowa City
To be opened on November 20, 1978
2. Each bid shall be accompanied by a deposit in the form of a certified or
cashiers check in an amount equal to ten (10) percent of the total value
of thebid. The deposit will be refunded to unsuccessful bidders within
thirty,(30) days after the opening of the bids. The successful bidder.will
have his/her deposit returned.upon removing the modular or modulars,from
the Iowa City service garage grounds.
3. No.bids may be withdrawn except by written request by the bidder prior to
the opening of bids. Others shall remain valid and irrevocable for a
period of ninety (90) days from the date of opening.
Terms of Sale:
1. All units are sold on an "as is" basis; no warranty is expressed or implied.
2. Successful bidders shall have seven (7) days to execute a contract with the
City.
3. Upon execution of the contract successful bidders shall deliver to the City
Clerk a cashiers or certified check in the amount of one hundred (100)
percent of the bid price.
4. Successful bidders shall have thirty (30) days in which to remove the modular
unit from the Iowa City service garage grounds. Failure to do so shall be
grounds for voiding the sale. In the, event the BUYER fails, for any reason
to remove the property the City service garage grounds, the City may, at its
option, retain the deposit as liquidated damages.
Further information may be obtained from:
Development Division
Department of Planning and Program Development
Civic Center
410 E. Washington
Iowa.City, IA 52240
354-1800 ext. 324
MICROFILMED BY
1 JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
I
I
i
i
hli u<Ur ILMcu BY JORM MICROLAB
PROSPECTUS
CEDAR RAPIDS AND DES
The City of Iowa City is accepting bids on three modular units formerly used to
house displaced urban renewal businesses. Bids will be accepted on any one unit,
or combination of units described below. The bid awards will go to the highest
bidder for each unit.
Terms of the bidding:
1. All bids shall be delivered to the City Clerk no later than 2:00 P.M. Monday
November 20, 1978 in a sealed envelope or other container marked:
"Offer to purchase" modular(s)
City of Iowa City
To be opened on November 20, 1978
2. Each bid shall be accompanied by a deposit in the form of a certified or
cashiers check in an amount equal to ten (10) percent of the total value
of thebid. The deposit will be refunded to unsuccessful bidders within
thirty,(30) days after the opening of the bids. The successful bidder.will
have his/her deposit returned.upon removing the modular or modulars,from
the Iowa City service garage grounds.
3. No.bids may be withdrawn except by written request by the bidder prior to
the opening of bids. Others shall remain valid and irrevocable for a
period of ninety (90) days from the date of opening.
Terms of Sale:
1. All units are sold on an "as is" basis; no warranty is expressed or implied.
2. Successful bidders shall have seven (7) days to execute a contract with the
City.
3. Upon execution of the contract successful bidders shall deliver to the City
Clerk a cashiers or certified check in the amount of one hundred (100)
percent of the bid price.
4. Successful bidders shall have thirty (30) days in which to remove the modular
unit from the Iowa City service garage grounds. Failure to do so shall be
grounds for voiding the sale. In the, event the BUYER fails, for any reason
to remove the property the City service garage grounds, the City may, at its
option, retain the deposit as liquidated damages.
Further information may be obtained from:
Development Division
Department of Planning and Program Development
Civic Center
410 E. Washington
Iowa.City, IA 52240
354-1800 ext. 324
MICROFILMED BY
1 JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
;liutUiiLMLu by JORM 141CROLAb
CEDAR RAPID, AND UE
FA(:,r sim.E.'r
Clinton St. Modulurs
MODULAR DIMENSIONS SIZE SQ. FT. APPRAISED VALUE MOST RECENT USE
"E" 13.6'x42.2' 574 $4,000 Candy Store
Description:
This unit was formerly occupied by the Goody Shop. The interior of the
unit consists of tile over wood floors, painted drywall sidewalls, and
acoustical tile ceiling. The unit has a forced air, gas furnace with
central air. A ceiling hung air conditioner was used to supplement
the central unit. The toilet facility consists of a water closet and
lavatory 'in average condition.
MODULAR DIMENSIONS SIZE SQ. FT, APPRAISED VALUE MOST RECENT USE
"N" 13.61x42.2' 574 $3,000 Tavern
Description:
This unit is one of three units formerly occupied by the Deadwood
Tavern. The unit has carpet and tile floors, cedar siding, and acous-
tical tile ceiling. The unit has a forced air furnace.and air condi-
tioning system, however, it does lack toilet facilities.
MODULAR DIMENSIONS SIZE SQ. FT. APPRAISED VALUE MOST RECENT USE
110" 13.6'x42.2' 574 $3,500 Tavern Game Room
Description:
This unit was used as the game room for the Deadwood Tavern. The unit has
tile over wood floors, wood paneled sidewalls,and a forced air furnace with
air conditioning system. The unit does have'a water closet and lavatory.
Note:
All modular units are available for inspection. Inspections may be arranged
by calling the number on the reverse side of this page.
MICROFILMED BY
I JORM MICR+LAB
CEDAR RAPIDS DES MOINES
RECEIVED A APPROVED
BY THE LEGAL DEPARTMENT
/o -x7-71' /1L
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;liutUiiLMLu by JORM 141CROLAb
CEDAR RAPID, AND UE
FA(:,r sim.E.'r
Clinton St. Modulurs
MODULAR DIMENSIONS SIZE SQ. FT. APPRAISED VALUE MOST RECENT USE
"E" 13.6'x42.2' 574 $4,000 Candy Store
Description:
This unit was formerly occupied by the Goody Shop. The interior of the
unit consists of tile over wood floors, painted drywall sidewalls, and
acoustical tile ceiling. The unit has a forced air, gas furnace with
central air. A ceiling hung air conditioner was used to supplement
the central unit. The toilet facility consists of a water closet and
lavatory 'in average condition.
MODULAR DIMENSIONS SIZE SQ. FT, APPRAISED VALUE MOST RECENT USE
"N" 13.61x42.2' 574 $3,000 Tavern
Description:
This unit is one of three units formerly occupied by the Deadwood
Tavern. The unit has carpet and tile floors, cedar siding, and acous-
tical tile ceiling. The unit has a forced air furnace.and air condi-
tioning system, however, it does lack toilet facilities.
MODULAR DIMENSIONS SIZE SQ. FT. APPRAISED VALUE MOST RECENT USE
110" 13.6'x42.2' 574 $3,500 Tavern Game Room
Description:
This unit was used as the game room for the Deadwood Tavern. The unit has
tile over wood floors, wood paneled sidewalls,and a forced air furnace with
air conditioning system. The unit does have'a water closet and lavatory.
Note:
All modular units are available for inspection. Inspections may be arranged
by calling the number on the reverse side of this page.
MICROFILMED BY
I JORM MICR+LAB
CEDAR RAPIDS DES MOINES
RECEIVED A APPROVED
BY THE LEGAL DEPARTMENT
/o -x7-71' /1L
I.7iulUfiLMEU BY JURM 141CROLAB
CEDAR RAPIDS AND DES
OFFER TO PURCHASE AND AGREEMENT TO SELL
This offer to purchase and agreement to sell is made this day
{ of , 1978, by and between the City of Iowa City, Iowa,
hereinafter called SELLOR, and
hereinafter called BUYER.
WHEREAS, the City of Iowa City, Iowa, is authorized and empowered by
State laws to enter into agreements for the disposal of property owned by the
City of Iowa City, Iowa, and
fWHEREAS, Resolution No. authorized a solicitation of bids for
certain personal property in the Urban Renewal Project Area, and
of
I WHEREAS, County State of
Iowa, suomlttea the nignesL uau v.
for the following described property:
NOW, THEREFORE, the BUYER and SELLOR hereby mutually covenant and agree to
the following terms, covenants and conditions.
TERMS, COVENANTS AND CONDITIONS
1. The SELLOR is the owner of the following described property and has .the
right .to sell and convey the same; to -wit:
2. That the BUYER agrees to pay SELLOR.the sum of
dollars ($ ) as the purchase price for the property described in
Paragraph 1 above.
3. That upon tender of the agreed amount of money for the property described
in paragraph 1 above, the SELLOR has agreed to convey the same to the BUYER.
q. The SELLOR does not warrant the condition of said property.
S. That the BUYER agrees to remove said property from its present location
to a location approved by the Building Inspector of the City of Iowa City, City
Engineer of the City of Iowa City and the local Zoning Administrator within
thirty (30) days of the date of this agreement.
6. That BUYER shall secure a license prior to moving said property pursuant
Chapter eight, article five of the Municipol' Code of the City of Iowa City
ano shall move said property according to the sections and provisions of said
Ordinance. This agreement is specifically subject to BUYER obtaining a moving
permit and complying with the provisions stated in Chapter eight, article five
nttaehcd herein and by this reference made n part of this agreement.
7. In addition to the above stated consideration, BUYER shall DEPOSIT with
the City Clerk, City of Iowa City, Iowa, a cashier's or certified check equal to
ten (10) percent of the value of the bid.
B. That upon a showing by BUYER to the SELLOR that the terms, covenants
and conditions stated herein are complied with and upon SELLOR's approval of
BUYER's performance, SELLOR shall refund to BUYER, BUYER's deposit.
MICROFILMED BY ,.�J
DORM MICR+LAB
CFOAR RAPIDS • DES MOINES
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Iowa, suomlttea the nignesL uau v.
for the following described property:
NOW, THEREFORE, the BUYER and SELLOR hereby mutually covenant and agree to
the following terms, covenants and conditions.
TERMS, COVENANTS AND CONDITIONS
1. The SELLOR is the owner of the following described property and has .the
right .to sell and convey the same; to -wit:
2. That the BUYER agrees to pay SELLOR.the sum of
dollars ($ ) as the purchase price for the property described in
Paragraph 1 above.
3. That upon tender of the agreed amount of money for the property described
in paragraph 1 above, the SELLOR has agreed to convey the same to the BUYER.
q. The SELLOR does not warrant the condition of said property.
S. That the BUYER agrees to remove said property from its present location
to a location approved by the Building Inspector of the City of Iowa City, City
Engineer of the City of Iowa City and the local Zoning Administrator within
thirty (30) days of the date of this agreement.
6. That BUYER shall secure a license prior to moving said property pursuant
Chapter eight, article five of the Municipol' Code of the City of Iowa City
ano shall move said property according to the sections and provisions of said
Ordinance. This agreement is specifically subject to BUYER obtaining a moving
permit and complying with the provisions stated in Chapter eight, article five
nttaehcd herein and by this reference made n part of this agreement.
7. In addition to the above stated consideration, BUYER shall DEPOSIT with
the City Clerk, City of Iowa City, Iowa, a cashier's or certified check equal to
ten (10) percent of the value of the bid.
B. That upon a showing by BUYER to the SELLOR that the terms, covenants
and conditions stated herein are complied with and upon SELLOR's approval of
BUYER's performance, SELLOR shall refund to BUYER, BUYER's deposit.
MICROFILMED BY ,.�J
DORM MICR+LAB
CFOAR RAPIDS • DES MOINES
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IAiutUFlLiMLU BY DORM MICROLAB
CEDAR RAPIDS AND U
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9. Failure of performance by BUYER of any of the terms, covenants and
conditions of this agreement shall constitute a breach of contract and SELLOR,
in addition to any and all other legal and equitable remedies which it may have,
at its option, may proceed to cancel this contract and forfeit BUYER's deposit
j together with all monies paid to SELLOR as compensation for the use of said
property, and/or as liquidated damages for breach of contract.
1
I 10. If the modular unit is to be relocated within the City limits of the
City of Iowa City, the BUYER shall secure from the building official, all
necessary permits required for remodeling and occupancy.
Dated this day of 1978.
BUYER
MAYOR, CITY OF IOWA CITY
K jMICROFILMED BY .::::c:�---• .i�
JORM MICR+LA6 i
!' CEDAR RAPIDS • DES MOINES
RECF.IVwD & APi'ROVED
BY 11M LEGAL DDMVE.MT
r �-7rfr nr
I-kw<Urii-Mcu BY JORM HICROLAB
CEDAR RAPIDS AND
RESOL[1TION No. 78-476
SE`, 1QW1
y
RESOLUTION AUTHORIZING E7E)=ON OF AGREEMENT
WITH THE IOWA DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with Iowa Department of Trans ortation , a copy of said a ree�nt
being attac to s Reso u on a reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter
into said agreement to obtain 50% State funding for traffic signals,
roadway construction, and related work at the Highway6/South Gilbert Street
intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the agreement with Iowa Department of Transportation
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Balmer and seconded by Perret the
Resolution be adopted, and upon roll call there were:
AYES:
E
C
i
x
f
M'.
dePROSSE
x
ERDAHL
x
i
I-kw<Urii-Mcu BY JORM HICROLAB
CEDAR RAPIDS AND
RESOL[1TION No. 78-476
SE`, 1QW1
y
RESOLUTION AUTHORIZING E7E)=ON OF AGREEMENT
WITH THE IOWA DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with Iowa Department of Trans ortation , a copy of said a ree�nt
being attac to s Reso u on a reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter
into said agreement to obtain 50% State funding for traffic signals,
roadway construction, and related work at the Highway6/South Gilbert Street
intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the agreement with Iowa Department of Transportation
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Balmer and seconded by Perret 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
ATTEST:
Passed and approved this 31st day of
October , 1978.
Mayor
City Clerk
Received & Approved
By The Legal Department
.2o/D
MICROFILMED BY
! "1
JORM MIGR+LAB
CEDAR RAPIDS • DES MOINES
Qii,1W1 iLNILU BY JORM I•IICROLAB
CEDAR RAPIDS ANO
IOWA DEPARTMENT OF TRANSPORTATION
i AGREEMENT FOR
i
URBAN -STATE TRAFFIC ENGINEERING PROGRAM PROJECT
City: Iowa City
County: Johnson
Project No: FN -P-7(19)--21-52
Section 1. The CITY will prepare and furnish to the STATE the
necessary plans, a list of materials and an estimate of
cost for the complete installation of the traffic signals,
plus construction plans and estimates for the proposed
roadway construction. The signals proper shall conform to
the Iowa Manual for Uniform Traffic Control Devices for
Streets and Highways.
MICROHLMED BY
:
JORM MICR+LAB i
CEDAR RAPIDS • DES MOINES
i
i
Iowa Department of Transportation
Agreement No: '78-U-111
WHEREAS,
pursuant to Sections 306A.7 and 306A.8,1977 Code of Iowa,
-as amended, the City of Iowa City hereinafter called
the CITY, and the Iowa Department of Transportation, here-
inafter called the STATE, -may enter into an agreement for
joint or cooperative action after appropriate action by
ordinance, resolution, or otherwise pursuant to law of
the governing bodies involved, and
WHEREAS,
the STATE provides funds through the Urban -State Traffic
Engineering Program (U -STEP), a cooperative program for
relatively low-cost solutions that will speed traffic
flow and reduce accidents on primary road extensions, and
- WHEREAS,
the STATE has made these funds available for 'reimbursement
in the ratio of 50%STATE funds and 50% local funds, and.
WHEREAS,
the CITY proposes to relocate to the west and reconstruct
the intersection of US 6 and South Gilbert St. to obtain
better alignment, railroad track separation from the
intersection with room for turn lane storage, and to tie
I
into relocated Gilbert St to the south. Cost to the STATE
has been established at a maximum of $150,000.
(
NOW, THEREFORE, in consideration of the premises and the mutual
covenants
hereinafter set forth, it is hereby agreed as follows:
Section 1. The CITY will prepare and furnish to the STATE the
necessary plans, a list of materials and an estimate of
cost for the complete installation of the traffic signals,
plus construction plans and estimates for the proposed
roadway construction. The signals proper shall conform to
the Iowa Manual for Uniform Traffic Control Devices for
Streets and Highways.
MICROHLMED BY
:
JORM MICR+LAB i
CEDAR RAPIDS • DES MOINES
MiLt(UF iLrILU by JURM 141DROLAii
U -STEP AGREEMENT
PAGE 2
CEDAR RAPIDS AILD
Section 2. Upon approval of said plans, proposal forms, materials
and cost estimate, the STATE will give the CITY written
notice to proceed with the project. For that portion of
the project under contract by public letting, the CITY
shall advertise for bidders, hold a public letting and
provide adequate supervision for the construction
worthe
performed under the contract. The CITY.shall prior to
letting documents to the STATE for app
roval formal action in the award of the contract. Acceptance
of the completed construction shall be with the concurrence
of the STATE.
Section 3. The CITY will be responsible for the costs of the
d the traffic signal installation.
roadway construction an
and submit to the STATE detailed
The CITY shall prepare
statement of materials, installation and construction
costs incurred by the CITY hereunder. (Design, inspection
and administration costs will be borne bytheCTY.)If
it is in proper form the STATE will promptlyreimburse
the CITY in the amount of 50'/a of.the Cost of the Project.
Total cost 'estimated at $150,000 maximum STATE contribution.
Section 4. For reimbursement made to the CITY by the STATE,
specific reference is made to Iowa Department of Trans-
portation Accounting Policy and Procedures Manual, Chapter
XV, Audits of Contracts with Second Parties, a copy of
which is attached hereto and marked "Exhibit A".
Section 5. For that part of the work under contract by public
letting, the work will be performed in compliance with
Specification No. 815, "Iowa State Department of
Transportation Supplemental Specification for Equal
Employment Opportunity Responsibilities on Non -Federal -
Aid Projects" which by this reference is made a part
thereof.
Section 6. Upon completion of the project, the CITY will certify
that the project was completed in accordance with the
plans and specifications.
I•IICROFIL14ED DY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
9
!.4L,,W1 ILMEJ BY JORM I.1ICROLAB
13 -STEP AGREEMENT
PAGE 3
CEDAR RAPIDS AND
Section 7. Upon completion of the traffic signal project the CITY
i shall thereafter have ownership of and operate it at the
expense of the CITY so long as signal protection is
considered by either party as necessary at said location.
If considered by both parties as no longer necessary at
said location, the signals are to be removed by the CITY
and may be installed at another location acceptable to
both parties and thereafter be subject to the terms of
this Section.
Section S. Signs and other traffic control devices shall be
i
ned in accordance
furnished and maintaiwith the Iowa ;
Manual on Uniform Traffic Control Devices. i
The safety of the general public shall be assured through 1
the use of proper protective measures and devices such'•as
lood lighting and warning lights as
fences, barricades, f
necessary.
c control devices shall be furnished
Signs and traffi
by the CITY.
T!?MICROFILMED BY 'I
t f
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
r•tiw<urILMEU BY JORM I•IICROLAB
CEDAR RAPIDS AND 'DES
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement
No. 78-U-111 as of the date shown opposite its signature below.
City of Iowa City.
/ /> / November 1 197 8
By
Title M/4VoR
I, Abbie Stolfus , certify that I am the Clerk of the
CITY, and that Robert A. Vevera who signed said Agreement for
and on behalf of the CITY was duly authorized to execute the same by
virtue of a formal Resolution duly passed and adopted by the CITY,
cn the 31st day of October , 197 8 .
Signed ( (" l JL A—C / n J
City Clerk of Iowa Qity _ Iowa
Date November 1 , 1978_
IOWA DEPARTMENT OF TRANSPORTATION
Highway
/Division
�
Byil�� l / 1.978
Urban Systems Engineer Date
T ` �• MICROFILMED BY
J6RM MICR+LAB
CEDAR RAPIDS • DES MOINES
f•li 1, ilUr iL14cU by JURM 141CROLAB
Office of Audits
Policy and Procedures
Manual
CEDAR RAPIDS AND DE
IOWA DEPARTMENT OF TRANSPORTATION
Chapter
Subject AUDITS OF CONTRACTS WITH SECOND PARTIES
Revised Effective 7-1-78
It is the policy of the Iowa Department of Transportation that the External
Audits Staff of the Bureau of Finance will perform an examination and analysis
of fiscal or other source records maintained by claimants and others making cost
representations to the Iowa Department of Transportation as a result of any
contract, agreement, resolution and/or other document which binds the Iowa
Department of Transportation. Claimants covered by this policy include the following:
Political Sub -Divisions, Railroads, Public and Private Utilities, Consultants and
Educational Institutions.
The primary objective of the audit will be to ascertain that the invoices,
as submitted, are in accord with the agreement and that the invoices include
only those costs specifically incurred. As means of identification, it is
suggested that the work be assigned and'recorded by work order, job order and/or
proper project designation. This procedure will accumulate and record into
a separate account all actual and indirect costs in connection with said contract,
and support the Second party's claim which will be subject to audit, prior to
final rei-",arsement. All records shall be made available at a central location
to facilitate the audit.
Audit wil' be accomplishes as follows:
(1) Lab- :^sts
(a; :-:=rnination .r : be made that salaries and wages are billed at
-c__al or aver-;- rates accounting for productive labor hours
Lir. other exp -r_-: paid to other individuals during the period
they are cira_1y or incidentally engaged in the work.
-hese costs m�:s: s supported by adequate records.
,(b) It will be ascer:-?nad that normal procedures were followed, hours
and rates charged were those actually paid the employees and over-
time, if charged, was actually paid.
(c) Costs to the Second party for vacation, sick and holiday pay and
other costs incident to labor employment will be reimbursed when
supported by adequate records. The percentage applied to direct
labor costs for indirect costs, such as vacation, holiday and
sick pay and other benefits such as social security will be audited
by item to the applicable ledger accounts. Careful analysis will be
made to assure that percentage charges for indirect costs are not
greater than those charged to the units' regular operations.
(2) Equipment
(a) Reimbursement will be limited to charges which account for costs
to the Second party of expenses for equipment used. Arbitrary
or otherwise unsupported equipment use charges will not be reimbursed.
(b) Equipment charges will be verified by comparing charges to corresponding
labor costs.
Panp 1
141CROFILIIED BY
JORM MIC R+LAB
I
CEDAR RAPIDS • DES I40II:ES
HIL,J(Ur iLi'iLU BY JURM i•IICROLAB
Office of Audits
Policy and Procedures
Manual
CEDAR RAPIDS AND
IOWA DEPARTMENT OF TRANSPORTATION
Chapter
Subject AUDITS OF CONTRACTS WITH SECOND PARTIES
Revised Effective 7-1-78
(c) Payments to outside agencies will be verified.
(d) Reimbursement for equipment rental costs will be limited to the
amount of rent paid to the lowest qualified bidder after obtaining
appropriate quotations.
(3) Material
(a) Materials and supplies shall be billed at cost. Discounts,
rebates, and allowances shall be deducted from material costs.
Verification shall be made that all materials billed are incorp-
orated in the project. Materials for construction not shown on ,
the estimate or by change order or letter approval from the State
will not be reimbursed.
(4) Materials Recovered (Salvage)
(a) Materials previously in place which are recovered in suitable
cc:Idition for ruse by the Second party in connection with
construction, snail be credited to the project at current
stock prices. 1- the Second party consistently charges i
-..cvered materie: at original cost or a percentum of current
Race new, the _-.act shall receive credit accordingly. The
au'-itor shall ce:ar.:ine that materials salvaged are included in
the credit or :.:s. scrap value and proper disposal is noted.
(b) Materials recovered from temporary use shall be credited to the
project at stock Prices, less a percentage allowance for loss of
service life. is will be ascertained that the Second party has
notified the State where materials are scrapped and when they
were made available for inspection.
(c) The foregoing shall not preclude any additional credits when
such credits are required by State law or regulations.
(5) Overhead
(a) In the event that the Second party maintains construction over-
head clearing accounts, each project shall bear only its
equitable proportion of overhead costs; such as general engineering
and supervision by others than the Second party, legal expenses,
insurance, relief and pensions. Arbitrary percentages or amounts
charged to projects to cover assumed overhead costs will not be
reimbursed.
Page 2
141CROFILMED BY
DORM MICR#LAB
CEDAR RAPIDS • DES MOINES
l
i
i
P
h
Y
c
HIL,J(Ur iLi'iLU BY JURM i•IICROLAB
Office of Audits
Policy and Procedures
Manual
CEDAR RAPIDS AND
IOWA DEPARTMENT OF TRANSPORTATION
Chapter
Subject AUDITS OF CONTRACTS WITH SECOND PARTIES
Revised Effective 7-1-78
(c) Payments to outside agencies will be verified.
(d) Reimbursement for equipment rental costs will be limited to the
amount of rent paid to the lowest qualified bidder after obtaining
appropriate quotations.
(3) Material
(a) Materials and supplies shall be billed at cost. Discounts,
rebates, and allowances shall be deducted from material costs.
Verification shall be made that all materials billed are incorp-
orated in the project. Materials for construction not shown on ,
the estimate or by change order or letter approval from the State
will not be reimbursed.
(4) Materials Recovered (Salvage)
(a) Materials previously in place which are recovered in suitable
cc:Idition for ruse by the Second party in connection with
construction, snail be credited to the project at current
stock prices. 1- the Second party consistently charges i
-..cvered materie: at original cost or a percentum of current
Race new, the _-.act shall receive credit accordingly. The
au'-itor shall ce:ar.:ine that materials salvaged are included in
the credit or :.:s. scrap value and proper disposal is noted.
(b) Materials recovered from temporary use shall be credited to the
project at stock Prices, less a percentage allowance for loss of
service life. is will be ascertained that the Second party has
notified the State where materials are scrapped and when they
were made available for inspection.
(c) The foregoing shall not preclude any additional credits when
such credits are required by State law or regulations.
(5) Overhead
(a) In the event that the Second party maintains construction over-
head clearing accounts, each project shall bear only its
equitable proportion of overhead costs; such as general engineering
and supervision by others than the Second party, legal expenses,
insurance, relief and pensions. Arbitrary percentages or amounts
charged to projects to cover assumed overhead costs will not be
reimbursed.
Page 2
141CROFILMED BY
DORM MICR#LAB
CEDAR RAPIDS • DES MOINES
I'IIbKOr1LALU BY JORM 1.11CROLAD
Office of Audits
Policy and Procedures
Manual
CEDAR RAPIDS AND
IOWA DEPARTMENT OF TRANSPORTATION
Chapter
Subject AUDITS OF CONTRACTS WITH SECOND PARTIES
Revised Effective 7-1-78
(b) The records supporting the entries for overhead costs shall be
kept to show the total amount, rate and allocation basis of
each additive. Also, it will be necessaryto
ascertain that
ble to project
charges to those accounts are directly app
and the rates derived from such clearing accounts are the same
as those applied to the Second party's regular construction work.
(6) Sub -Contracts
(a) Determination will be made that the State has approved the sub-
contract, the unit has properly solicited -bids and awarded the
sub -contractor the lowest qualified bidder. Subletting
of theshall cts.
not relieve to the Second party of any provisions
(7) Completion and Acceptance Reports
Each claim submitted for audit review shall be accompanied by an
appropriate Certification of Completion and Final Acceptance. A
first party Certification of Completion and Final Acceptance, when
appre:riate by political sub divisions, shall be made prior to the
cert4f4cations made the lova Department of Transportation's contracting
or s.-ervisory authority
(8) Li
At tr=-onclusion Of audit, the audit staff will prepare a Certificate
of A;;ci: indicatin :`=ir conclusions and recommendations. The
Certi`icate will be ;proved by the External Audits Manager and where
exceptions are cited, a Schedule of Exceptions will be prepared. Copies
of to;asa documents will be forwarded' to the Department which originated
the reimbursement agreement or contract. In addition, distribution of the
Audit Certificate will be made to the Contracts Section and Federal
Reimbursement Section of the Accounting Department to assure proper
payment to the second party and proper billing to FHWA.
(g) Preparation of Vouchers
Vouchers in payment of second party invoices resulting from agreements
will be prepared by the administering departments.
Page 3
MICROFILMED DY ,;•�
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES -
1
I
1,.
I
j
jI
1
R
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i'
7
I
t
,
;
I
I
I'IIbKOr1LALU BY JORM 1.11CROLAD
Office of Audits
Policy and Procedures
Manual
CEDAR RAPIDS AND
IOWA DEPARTMENT OF TRANSPORTATION
Chapter
Subject AUDITS OF CONTRACTS WITH SECOND PARTIES
Revised Effective 7-1-78
(b) The records supporting the entries for overhead costs shall be
kept to show the total amount, rate and allocation basis of
each additive. Also, it will be necessaryto
ascertain that
ble to project
charges to those accounts are directly app
and the rates derived from such clearing accounts are the same
as those applied to the Second party's regular construction work.
(6) Sub -Contracts
(a) Determination will be made that the State has approved the sub-
contract, the unit has properly solicited -bids and awarded the
sub -contractor the lowest qualified bidder. Subletting
of theshall cts.
not relieve to the Second party of any provisions
(7) Completion and Acceptance Reports
Each claim submitted for audit review shall be accompanied by an
appropriate Certification of Completion and Final Acceptance. A
first party Certification of Completion and Final Acceptance, when
appre:riate by political sub divisions, shall be made prior to the
cert4f4cations made the lova Department of Transportation's contracting
or s.-ervisory authority
(8) Li
At tr=-onclusion Of audit, the audit staff will prepare a Certificate
of A;;ci: indicatin :`=ir conclusions and recommendations. The
Certi`icate will be ;proved by the External Audits Manager and where
exceptions are cited, a Schedule of Exceptions will be prepared. Copies
of to;asa documents will be forwarded' to the Department which originated
the reimbursement agreement or contract. In addition, distribution of the
Audit Certificate will be made to the Contracts Section and Federal
Reimbursement Section of the Accounting Department to assure proper
payment to the second party and proper billing to FHWA.
(g) Preparation of Vouchers
Vouchers in payment of second party invoices resulting from agreements
will be prepared by the administering departments.
Page 3
MICROFILMED DY ,;•�
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES -
1
f•IiwtUI iLr'i�u by DORM MICROLAB
CEDAR RAPIDS AND
I
IOWA DEPARTMENT OF TRANSPORTATION
Ames, Iowa
Supplement Specification
for
i
EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES
ON NON FEDERAL -AID PROJECTS
I October 11, 1977
r
Specification 815
Supersedes 770
THE STANDARD SPECIFICATIONS, SERIES OF 1977, ARE AMENDED BY THE FOLLOWING ADDITIONS. THESE ARE SUPPLE -4 ---
MENTAL SPECIFICATIONS
UPPLE-4--
MENTAL-SPECIFICATIONS AND SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS.
1. General.
a. Equal employment opportunity requirements not to discriminate and to take affirmative action
to assure equal employment opportunity are required by the Iowa Civil Rights Act of 1965 and
Iowa Executive Order 15. The requirements set forth in this specification shall constitute
the specific affirmative action requirements for project activities under this contract and
supplement the equal employment opportunity requirements set forth in the above-mentioned
Act and Executive Order.
b. The contractor will work with the State and County Highway Departments in carrying out equal
employment opportunity obligations and in their review of his/her activities under the con-
tract.
C. The contractor and all subcontractors holding subcontracts, not including material suppliers,
of $10,000 or more will comply with the following minimum specific requirement activities of
equal employment opportunity. The contractor will include these requirements in every sub-
contract of $10,000 or more with such modification of language as is necessary to make them
binding on the subcontractor.
2. Equal Em loymant Opportunity Policy.
The contractor wr11 accept as his operating policy the following statement which is designed to
further the provision ofequalemployment opportunity to all persons without regard to their race,
color, religion, sex, or national origin, and to promote the full realization of equal opportunity
through a positive continuing program: that
It is the policy of this Company to assure that applicants are employed,
color, employees
are treated during employment, without regard to their race, religion,
na-
tional origin. Such action shall include: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship, preapprenticeship,
and/or on-the-job training. _
3. Equal EmplOVmant Opportunity Officer.
Tho contractor will designate and make known to the State Department of Transportation's contract-
ing officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer)
who will have the responsibility for and must be capable of effectively administering and promoting
an active contractor program of equal employment opportunity and who must be assigned adequate.au-
thority and responsibility to do so.
4. Disseminationof Policy.
a. All mmnbers of the contractor's staff who are authorized to hire, aupervisa, promote, and
such action, or who are substantially involved in such
discharge employees, or who recommend
action, will be made fully cognizant of, and will implement, the contractor's equal employ-
ment opportunity policy and contractual responsibilities to provide equal employment oppor-
tunity in each grade and classification of employment. To ensure that the above agreement
will be met, the following actions will be taken as a minimum:
(1) beforeitheestartsoffworkeandsthenory anotnd plessnnel oftenffice than onceoeveryees will be six monthsau at
od
which time the contractor's equal employment opportunity Policy and its implemen-
tation will be reviewed and explained. The meetings will be conducted by the EEO
Officer or other knowledgeable company official.
(I) All new supervisory or personnel office employees will be given a thorough indoc-
trination by the EEO Officer or other knowledgeable company official covering all
major aspects of the contractor's equal employment opportunity obligations within
thirty days following their reporting for duty with the contractor.
(3) The EEO Officer or appropriate company official will instruct all employees an -
gaged in the direct recruitment of employees for the project relative to the
methods followed by the contractor in locating and hiring minority group employees.
b. In order to make the contractor's equal employment opportunity policy known to all employees,
prospective employees and potential sources of employees, i.e., schools, employment agencies,
labor unions (where appropriate), college placement officers, etc., the contractor will take
the following actions:
od(1) notices earforth the
rtequal employment
n
li
will be placed inareasredilyaccessibletoemplosapplicants for and
potential employees.
MICROFILMED BY .,.
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
1.
,.iiulUr iL.4LU BY JURM MICROLAB
CEDAR RAPIDS AND UES
c
Page 2
(2) The contractor's equal employment opportunity policy and the procedures to implement
such policy will be brought to the attention of employees by means of meetings, em-
ployee handbooks, or other appropriate means.
S. Recruitment.
a. When advertising for employees, the contractor will include in all advertisements for
employees the notation: "An Equal Opportunity Employer". lie will insert all such
advertisements in newspapers, or other publications, having a large circulation among
minority groups in the area from which the project work force would normally be de-
rived.
b. The contractor will, unless precluded by a valid bargaining agreement, conduct system-
atic and direct recruitment through public and private employee referral sources likely
to yield qualified minority group applicants, including, but not limited to, State em-
ployment agencies, schools, colleges, and minority group organizations. To meet this
requirement, the contractor will, through his EEO Officer, identify sources of potential
minority group employees, and establish with such identified sources procedures whereby
minority group applicants may be referred to the contractor for employment consideration.
In the event the contractor has a valid bargaining agreement providing for exclusive
hiring hall referrals, he is expected to observe the provisions of that agreement to the
extent that the system permits the contractor's compliance with equal employment oppor-
tunity contract provisions
c. The contractor will encourage his present employees to refer minority group applicants
for employment by posting appropriate notices or bulletins in areas accessible to all
such employees. In addition, information and procedures with regard to referring
minority group applicants will be discussed with employees.
6. .Personnel Actions.
a. Wages, working conditions, and employee benefits shall be established and administered,
.and personnel actions of every type, including hiring, upgrading, promotion, transfer,
demotion,layoff, and termination, shall be taken without regard to race, color, re-
ligion, sex, or national origin. .The following procedures shall be followed:
(1) The contractor will conduct periodic inspections of project sites to insure that
working conditions and employee facilities do not indicate discriminatory treat-
ment of project site personnel.
(2) The contractor will periodically evaluate the spread of wages paid within each
classification to determine any evidence of discriminatory wage practices.
(3) The contractor will periodically review selected personnel actions in depth to
determine whether there is evidence of discrimination. Where evidence is found,
the contractor will promptly take corrective action. If the review indicates
that the discrimination may extend beyond the actions reviewed, such corrective
action shall include all affected persons.
(4) The contractor will investigate all complaints of alleged discrimination made to
the contractor in connection with his obligations under this contract, will at-
tempt to resolve such complaints, and will take appropriate corrective action.
If the investigation indicates that the discrimination may affect persons other
than the complainant, such corrective action shall include such other persons.
Upon completion of each investigation,the contractor will inform every complain-
ant of all of his avenues of appeal.
7. Training and Promotion.
a. The contractor will assist in locating, qualifying, and increasing the skills of *minority
group and women employees, and applicants for employment.
b. Consistent with the contractor's work force requirements and as permissible under Federal
and State regulations, the contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the geographical area of contract
performance. Where feasible, 25 percent of apprentices or trainees in each occupation
shall be in their first year of apprenticeship or training.
c. The contractor will advise employees and applicants for employment of available training
programs and entrance requirements for each.
d. The contractor will periodically review the training and promotion potential of minority
group and women employees and will encourage eligible employees to apply for such training
and promotion.
B. Unions.
If the contractor relies in whole or in part upon unions as a source of employees, the contrac-
tor will use his/her best efforts to obtain the cooperation of such unions to increase oppor-
tunities for minority groups and women within the unions, and to effect referrals by such unions
of minority and female employees. Actions by the contractor either directly or through a con-
tractor's association acting as agent will include the procedures set forth below:
a. The contractor will use best efforts to develop, in cooperation with the unions, joint
training programs aimed toward qualifying more minority group members and women for member-
ship in the unions and increasing the skills of minority group employees and women so that
they may qualify for higher paying employment.
b. The contractor will use beat efforts to incorporate an equal employment opportunity clause
into each union agreement to the end that such union will be contractually bound to refer
applicants without regard to their race, color, religion, sex, or national origin.
c. The contractor is to obtain information as to the referral practices and policies of the
labor union except that to the extent such information is within the exclusive possession
of the labor union and such labor union refuses to furnish such information to the con-
tractor, the contractor shall so certify to the State Department of Transportation and
shall set forth what efforts have been made to obtain such information.
141CROFIL14ED BY
JORM MICR+LAE3
CEDAR RAPIDS • DES MOINES
a
i
r;,w <01 ILALU BY JURM MICROLAB
CEDAR RAPIDS AND DES
Page 3
d. In the event the union is unable to provide the contractor with a reasonable flow of minor-
ity and women referrals within the time limit set forth in the collective bargaining agree-
ment, the contractor will, through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, or national origin, making full
efforts to obtain qualified and/or qualifiable minority group persons and women. In the
event the union referral practice prevents the contractor from meeting his/her obligations,
such contractor shall immediately notify the State Department of Transportation.
9. Subcontracting.
a. The contractor will use his/her best efforts to solicit bids from and to utilize minority
group subcontractors or subcontractors with meaningful minority group and female representa-
tion among their employees. contractors shall obtain lists of minority-owned construction
firms from the State Department of Transportation.
b. The contractor will use his/her best efforts to ensure subcontractor compliance with their
equal employment opportunity obligations.
10. Records and Reports.
a. The contractor will keep such records as are necessary to determine compliance with the
contractor's equal employment opportunity obligations. The records kept by the contractor
will be designed to indicate:
(1) thenumber of minority and nonminority group members and women employed in each work
classification on the project,
(2) the progress ana efforts being made in cooperation with unions to increase employment
opportunities for minorities and women (applicable only to contractors who rely in
wholeor in part on unions as a source of their work force),
(3) the progress and efforts being made in locating, hiring, training, qualifying, and up-
grading minority and female employees, and
(4) the progress and efforts being made in securing the services of minority group subcon-
tractors or subcontractors with meaningful minority and female representation among
their employees.
b. All such records must be retained for a period of three years following completion of the
contract work and shall be available at reasonable times and places for inspection by auth-
orized representatives of the State Department of Transportation.
c. The contractors will submit to the State Department of Transportation a monthly report for
the first three months after construction beoins and every month of July for the duration
of the project, indicating the numberof minority, women, and non -minority group employees
currently engaged in each work classification required by the contract work. This informa-
tion is to be reported on Form PR 1391.
11. Nonsegregated Facilities.
By submission of this bid, the execution of this contract or subcontract, or the consummation of
this material supply agreement, as appropriate, the bidder, construction contractor, subcontrac-
tor or material supplier, as appropriate, certifies that he does not maintain or provide for his
employees any segregated facilities at any of his establisunderhments,
his and
dlthat be does
notepermit
his
employees to perform their services at any location,
ties are maintained. facili
He agrees -that a breach of this certification is a violation of the Equal
Opportunity clause in this contract. As used in this certification, the term "segregated facil-
ities" means any waiting rooms; work areas, restrooms and washrooms, restaurants and other eating
areas, timeclocks, locker rooms and other storage or dressing bows, pfacilitiesarking s. dridednforoun-
tains, recreation or entertainment areae, transportation,
employees which are segregated by explicit directive or are in fact segregated on the basis of
race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees
that (except where he has obtained identical certifications from proposed subcontractors and
material suppliers for specific time periods), he will obtain identical certifications from pro -
mate
. posed subcontractors or material suppliers prior to the award of subcontracts or the consummation
of material supply agreements, exceeding $10,000 which are not exempt from the provisions of the
Equal opportunity clause, and that he will retain such certifications in his files.
12. Noncom lienee. ' of this
mIn aytorderethe work suspended untilodisposition isliance made by thesconttactingeauthority�� the engineer
141CROFILMED BY
"1
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
M;ufUril..NLU by JORM 111CROLAB
CEDAR RAPIDS AND DES
RESOLUTION N0. 78-477
RESOLITTION AUIMRIZING E79=0N OF AGREEMENT
WITH THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
WHEFfM, the City of Iowa City, Iowa, has negotiated an agreement
with Chi ca o Rock Island & Pacific Railroad Co. a copy of said agreement
being attachedto s Reso u on s reference made apart hereof,
and,
WHEREAS, the City Council deem it in the public interest to enter
into said agreement for installation and maintenance of railroad/highway
crossing signals on South Gilbert Street This agreement is needed to
obtain 90X Federal funding for signals at the intersection of the proposed
relocation of South Gilbert Street and the Rock Island Branch Line to Hills.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the agreement with Chicago Rock Island & Pacific Railroad
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Balmer and seconded by Roberts the
Resolution be adopted, Ty �Wm call these were:
AYES: NAYS: ABSENT:
X BALMER
X dePROSSE
X ERDAHL
X NEUHAUSER
X PERRET
X ROBERTS
X VEVERA .
Passed and approved this 31st daay- of October , 1978.
Mayor
ATTEST:
City Clerk
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
z
s
n;
5
s
Received & (approved
By The Legal Deportment
20//
i
r
'
'�{ayrl
P
e
i
I
M;ufUril..NLU by JORM 111CROLAB
CEDAR RAPIDS AND DES
RESOLUTION N0. 78-477
RESOLITTION AUIMRIZING E79=0N OF AGREEMENT
WITH THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
WHEFfM, the City of Iowa City, Iowa, has negotiated an agreement
with Chi ca o Rock Island & Pacific Railroad Co. a copy of said agreement
being attachedto s Reso u on s reference made apart hereof,
and,
WHEREAS, the City Council deem it in the public interest to enter
into said agreement for installation and maintenance of railroad/highway
crossing signals on South Gilbert Street This agreement is needed to
obtain 90X Federal funding for signals at the intersection of the proposed
relocation of South Gilbert Street and the Rock Island Branch Line to Hills.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the agreement with Chicago Rock Island & Pacific Railroad
2. That the City Clerk shall furnish copies of said agreement
to any citizen requesting same.
It was moved by Balmer and seconded by Roberts the
Resolution be adopted, Ty �Wm call these were:
AYES: NAYS: ABSENT:
X BALMER
X dePROSSE
X ERDAHL
X NEUHAUSER
X PERRET
X ROBERTS
X VEVERA .
Passed and approved this 31st daay- of October , 1978.
Mayor
ATTEST:
City Clerk
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
z
s
n;
5
s
Received & (approved
By The Legal Deportment
20//
141�,iWt ILMEU BY JORM MICROLAB
",Y (7)UNFERPrIRT
C, r, Cleva's COPT)
• CEDAR RAPIDS ANN u
,
O.k.1.tirfLii. Lo. Sacreruy c Ira. � � � `��
A G R E E M E N T
between
The City of Iowa City
and
William M. Gibbons, Trustee
of the property of the Chicago,
Rock Island and Pacific Railroad
Company, Debtor
for
Installation and Maintenance of
Railroad -Highway Crossing Signals on
South Gilbert Street in Iowa City, Iowa
Crossing No. 13585
RRP-4051(1)--48-52
MICROFILMED BY
'i JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
Johnson County
"VeRICED I dPPANTn
EY TEE LeCdL DmPq#1'Mg�$
1
n
1
Project
• CEDAR RAPIDS ANN u
,
O.k.1.tirfLii. Lo. Sacreruy c Ira. � � � `��
A G R E E M E N T
between
The City of Iowa City
and
William M. Gibbons, Trustee
of the property of the Chicago,
Rock Island and Pacific Railroad
Company, Debtor
for
Installation and Maintenance of
Railroad -Highway Crossing Signals on
South Gilbert Street in Iowa City, Iowa
Crossing No. 13585
RRP-4051(1)--48-52
MICROFILMED BY
'i JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
Johnson County
"VeRICED I dPPANTn
EY TEE LeCdL DmPq#1'Mg�$
I•IiLtwt ILMLL) BY JORM 141CROLAB
CEDAR RAPIDS AND DES
A G R E E M E N T
THIS AGREEMENT, made and entered into by and between the City
Council of the City of Iowa City, Iowa, hereinafter called
the CITY, and William M. Gibbons, Trustee of the property of
the Chicago, Rock Island and Pacific Railroad Company, Debtor, as
Trustee and not as an individual, with principal offices
located at 332 South Michigan Avenue, Chicago, Illinois,
hereinafter called the TRUSTEE;
WITNESSETH; that
i
through the Federal Highway Administration, U.S. Department
of Transportation, will make funds available to the State of
F
I
and
WHEREAS, in accordance with Federal laws and regulations
CITY and the TRUSTEE have agreed upon the installation
j
of automatic flashing light signals with cantilever assemblies
I
;i
!'W' .
Gilbert Street in Iowa City, Johnson County, Iowa.
r,.
NOW, THEREFORE, in consideration of the premises and
t
parties hereto agree as follows:
SECTION I. The TRUSTEE will prepare and submit for CITY
li
flashing light signals with cantilever assemblies, all in
accordance with the plans shown in Exhibit "A", attached
�i
hereto and hereby made a part hereof. The TRUSTEE shall
coordinate said plans with the Railroad Transportation
Division, Iowa Department of Transportation. The detailed
list of materials required and the estimated cost of the
said installation are shown in Exhibit "D", attached hereto
and hereby made a part hereof.
SECTION II. The CITY shall review the plans prepared
by the TRUSTEE under Section I hereof and, upon approval
thereof and authorization to proceed given by the CITY, the
TRUSTEE will thereupon perform the installation with his own
I•IiLtwt ILMLL) BY JORM 141CROLAB
CEDAR RAPIDS AND DES
A G R E E M E N T
THIS AGREEMENT, made and entered into by and between the City
Council of the City of Iowa City, Iowa, hereinafter called
the CITY, and William M. Gibbons, Trustee of the property of
the Chicago, Rock Island and Pacific Railroad Company, Debtor, as
Trustee and not as an individual, with principal offices
located at 332 South Michigan Avenue, Chicago, Illinois,
hereinafter called the TRUSTEE;
WITNESSETH; that
WHEREAS, it is anticipated that the Federal Government,
through the Federal Highway Administration, U.S. Department
of Transportation, will make funds available to the State of
F
Iowa for the reduction of hazard at railroad grade crossings;
and
WHEREAS, in accordance with Federal laws and regulations
CITY and the TRUSTEE have agreed upon the installation
the
of automatic flashing light signals with cantilever assemblies
I
at the new grade crossing of FAUS Route 4051 located on South
Gilbert Street in Iowa City, Johnson County, Iowa.
NOW, THEREFORE, in consideration of the premises and
the mutually dependent covenants herein contained, the
parties hereto agree as follows:
SECTION I. The TRUSTEE will prepare and submit for CITY
approval the necessary circuit and location plans for the automatic
flashing light signals with cantilever assemblies, all in
accordance with the plans shown in Exhibit "A", attached
hereto and hereby made a part hereof. The TRUSTEE shall
coordinate said plans with the Railroad Transportation
Division, Iowa Department of Transportation. The detailed
list of materials required and the estimated cost of the
said installation are shown in Exhibit "D", attached hereto
and hereby made a part hereof.
SECTION II. The CITY shall review the plans prepared
by the TRUSTEE under Section I hereof and, upon approval
thereof and authorization to proceed given by the CITY, the
TRUSTEE will thereupon perform the installation with his own
signal forces in accordance therewith, completing said installation
i
{; Nr MILROPILMED BY
JCRM MICR+LAB I
CEDAR RAPIDS • DES MOINES
I.)1l,Q11LNEU BY JURM NICRDLAB
CEDAR RAPIDS AND DES
-2-
as soon as possible but in no event later than eighteen (18)
months subsequent to the date of said authorization to
proceed given by the CITY. The TRUSTEE will notify the CITY'S
Engineer and the Railroad Transportation Division, Iowa
Department of Transportation in advance of the start of the
work and will keep the CITY'S Engineer informed in advance
of those times when his forces will be engaged in said work
and will provide the CITY'S Engineer opportunity to document
labor and materials required for completion of the work to
be performed hereunder. The TRUSTEE will prosecute the work
with all reasonable diligence and will give advance notice
to the CITY and the Railroad Transportation Division, Iowa
Department of Transportation of completion of the work and
the date when the signals will be placed in operation.
For work performed underthis agreement, other than by
force account, the TRUSTEE shall obligate his contractor to
comply with Title 49 - Transportation - Part 21 - Nondiscrimination
clauses hereinafter set forth:-
Lmnistnlnlmm CLAVsrs
i
at rrrtA In rnnpllanrn -Itb .urn trnCln our.
i
t
Ylrlr'In .rY,l Inrlln:l lr•Yn. Frx'n I.,,y Inf rit'..11 len
In 111 lOr (',:ti...'[
of at•Inllor
I
gal i
I.)1l,Q11LNEU BY JURM NICRDLAB
CEDAR RAPIDS AND DES
-2-
as soon as possible but in no event later than eighteen (18)
months subsequent to the date of said authorization to
proceed given by the CITY. The TRUSTEE will notify the CITY'S
Engineer and the Railroad Transportation Division, Iowa
Department of Transportation in advance of the start of the
work and will keep the CITY'S Engineer informed in advance
of those times when his forces will be engaged in said work
and will provide the CITY'S Engineer opportunity to document
labor and materials required for completion of the work to
be performed hereunder. The TRUSTEE will prosecute the work
with all reasonable diligence and will give advance notice
to the CITY and the Railroad Transportation Division, Iowa
Department of Transportation of completion of the work and
the date when the signals will be placed in operation.
For work performed underthis agreement, other than by
force account, the TRUSTEE shall obligate his contractor to
comply with Title 49 - Transportation - Part 21 - Nondiscrimination
clauses hereinafter set forth:-
Lmnistnlnlmm CLAVsrs
DUInp the [aril,, ince of fhbenol ractn tile Contr..ner'
far IlrYll. Ila Anal lr.•... .r -d )Y,'r:n•Ir.1 Ir• lel rinl,l form.n•
at rrrtA In rnnpllanrn -Itb .urn trnCln our.
•r{er refrll'I'1 {•, n111•r ':,rel ra^lel 1, .l'll r'r! .1P Ir,I lrrvll
Ylrlr'In .rY,l Inrlln:l lr•Yn. Frx'n I.,,y Inf rit'..11 len
In 111 lOr (',:ti...'[
of at•Inllor
1, erpll l:^e -with ar•J'lLrt lnl�q The eontrat,en wll
it l—i•5—ifry ;4:,
1' y • prlJt l,lrla nl lhl• DCf Ar lnt•nl Of
I'"1 e-o'J
11
of ennlnrr .hs th c nr ::hint {o
Ioaaerh this
ourcertl the .ball
Ithe
•rnl.'1/rl •. 1'1nn Inl.11 l'/rr Ip n'l,l•Il n^I lnlnll inn In
certify t Still, l y iob,"etor
[n rCflll t0 the $lnlr ninrlv.p• oe P+rtarnt. or
y
lbr r'fdrrnl Illnbrnl' A.1nInlFlrallon is arl'1'erfb
1V••I hr•.nr+•+v nl elm rs;m 11 -nn,
' ir,rr.•.;1 t•,v1M1.. Iloilo: 41, {"roe VI II••IrrJ{
AI,•1 Anl e11.11I 1.1.1 )••1111 .net 1•f f.•[la I{ In.\a
rr.'i'+I I{In1.Ar fill II. 1w ra'In.\I lel ,e le or, rel on A
t,.1, 11' In rill.\In Infer...... on.
the lvlulallLnrl. .Lich A1C forfeit, InCnrl^rate)
Ly rafounrty and neva a purl of Ill. tact.
1. rl irn� one ,Inneml'l lJnr�l In the rvrnl °(
_,
IrrnilL+iil11i1� ncilcenpli.vrte with ah° nondl.-
1, Tile enrltrat4r, F, -1111 rrgapl
Ii tCv :iii. I'•.rrormll by It eller A-Ard and Prior
[r lo,inmi... plm•ub•nr of this mo""t. IL<
FtM o. Dlnb-ny MVnr lvenl :hell Inpmv ruch ran•
le CY'1'Ietlen of Int• cont rug ...I. will net
tun .an[Ilnna An It nr tha• rndrrrl lbr.ay
.11 v: er uol^ ua in-- W", l nl revs. c11nr, art,, nr
Minm{Yrl.R um rap delrfwum. to be apiforrl.t.,
Intln lin.l, Int{ ne, Iu.11rel to,
art t•.vl or 1•I In In 1110 uvlecUnn.n•1 intention of
,T IeCl Yd.liq I.,.e...... no, of nA1 erl.l.
ar,l I•a lryl n: r•prgrem. the cent fitter -I11 not
1•vtl:p.I,e r1U„a •lu-111or lndlrretly In Ib°
A, ehllbnldlnn of pan l
aucflmn+l lin pr.bibl1C•1 by.mCllon 11.5 of the
under the enitturiuntlltill eonlrAtmror
lep.lurnlr, un l•�llnq tnW.MooL prutUCn -hen
em+pile{, and/vr
to, ^.•niV+tl 'ler° n pmgrnn rot Int lh In All, end l[
!e', 'C nl lin. I•C'P nal inn L,
h. ranIe I oat to u, I"rel nal Inn. nr pt, Cnrlon
ul 111: fonllaft, In 0.,W or In 1' ,•111.
)• s' h� i•.i i';ni f1r Dvn•ry•tr+tin, InCIYAmD nrinnrenrot{
"ICTI,1J''1�.:•,ri Ii1-f11—s6ficTiatliriFi —
s. Inrnrrnrnl inn f rl ne l.lr+al int ernlra<lur
-im•li1d:•"ion
;...
b l'.Ir'f 4;•C'.: �i:l.11l'l: LI•i•I lnf 4r nr.lel l9llnn Nde by
jai. iron"nor \malt, •1111
then
lhrnon111 1{) In fefrl' r:ILCt•nl
No c:otne:br Inr ♦nen, In ba Irorinlrl^I a rbc a rub•
(•.r`,11::r Il,n 1.1'11 n'I I•I nCYrn.."Ile M1I n- 111.11.\IL of
rico: InfiY.l In 9
t'llrl'er'nlr of n",.r1Alr'nn.l 1e.1{r1 of fr,Vlp•
trot. v :.: tnPmt.l nYLo•nU dell: nr rnlq'l lef abnlllp•
rel, non h•ne rvp4 Iq' Ile• rmnlal lnm. enlarl
nt Inn1 e1 elionr IVn111'.1 '.y,
LC rl:lflti 1,' Iliry r•.nllne ter el 11nC Conor nt lef •a
Irlrl 1'1111 nn1'I .+' I'll, C'rnlrlrl ied the rep11et1nnl
I'llirll\nt thereto.
eV11; 1.1 r'nr '111 "on /IICn dellen with r srect
cal stl'M In r: m'h dr minAllon on loin gfonnA of fees.
coin), rev, ur .,it... l nnaln•
In y nllv+mll'e"l 1' prnelo'r•.•nl Ib1• gtalc
Il�lb-,1r Mparlarnt er in, 1'f.lrrel Il leh.a)' Mlnln•
Ian r.n inn rnY dlun na a ,•lr ins of anlereine
r. Int;:111_ nnJ P•mler Tbr Lunt foe ter .111
1_. In nv Liu
nl' iifiis aeit—n anJ a'l'ert- frqulfed by the nequlnlonr,
filth 1•r.•vlrinnr Ileheluoq want Urn. Ire .""on -
pllanesr rrnvlded, hn.ectr, that. In the :rent
or urbra el Inntrscuoln Iva -."I I'nnn.mt lhrrmo•
a Com rnet°r Mr°•n Involved In, or is tnrut-
a'1 -111 Iornu awrnr to It. Imob, retold aeeauntL
rnrvl .,Ii- Ill loaf inn v11h a mlenm ran rr or
aurvllrr, A. a t.rwll of ruch daft
Whir fourth. of In[ ol mAl tan, anJ It. IArllitler n nay
Iry delmnl nnJ fry tbn hula III Y1r-.y Delurte,.t or the
Uan. ter
rnnlrsetor "Ay r"on,.t the 6th° to enter into
relent uleh-ay Mlnlnletutlon to b. p.,tle.ht t°
{ucn iltln.uon to fico:[, Um .home... of tIr
_.
dna. In addl lien, the cont ueof {r
<.'t:: f:t::::L'ni°l::°�
unittd lout...
141CROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS a DES MOINES
Miu<Oi iUILu BY JORM 141CROLAB
CEDAR RAPIDS ACID 'DES
-3-
SECTION III. Irrespective of whether or not Federal
funds are ultimately made available for said project, it is
understood and agreed that this Agreement is subject in all
respects to the regulations of the Federal Highway Administration,
which apply to work financed from funds appropriated under
Federal Highway legislation subject, however, to the provisions
of all applicable State laws, rules and regulations. Specific
reference is made to the Federal -Aid Highway Program Manual,
Volume 6, Chapter 6, Section 2, Sub -Section 1; Volume 1,
Chapter 4, Section 3; Volume 6, Chapter B, Section 2, Sub -
Section 1; Part VIII to the manual on Uniform Traffic Control
Devices and any supplements thereto, issued by the Federal
F
Highway Administration. All of the said regulations,
memoranda and laws referred to in this Section are incorporated
in this Agreement by reference. In the event that said hh
installation of signals is non -participating in Federal
1
funds, reference to the FederalHighway Administration in
said memoranda shall be interpreted as meaning the CITY.
SECTION IV. It is agreed that the TRUSTEE receives no
ascertainable' benefit from said installation and accordingly,
shall not bear any cost thereof; however, since the installation will be
made by TRUSTEE forces the TRUSTEE will be required to
withstand the initial material and labor cost pending
subsequent reimbursement by the CITY The TRUSTEE will
i
i
keep an accurate and detailed account of the actual and E
necessary expenses he incurs in the performance of the work f
hereunder.
During the progress of the work, the TRUSTEE may submit
progressive billings to the CITY covering applicable material,
labor and other cost relative thereto, provided, however,
that a billing for material only can cover only those materials
which have been delivered to the project location, or stored
at a TRUSTEE facility in the near vicinity of the project
location, so as to allow the CITY'S Engineer to inventory
and document the materials covered under said billing. The
billing must be itemized so as to allow the CITY'S Engineer
opportunity to inventory, document and verify that the costs
I 141CROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES '
i
I
I
I
I
,n•,
j.
i
o
i
1
Miu<Oi iUILu BY JORM 141CROLAB
CEDAR RAPIDS ACID 'DES
-3-
SECTION III. Irrespective of whether or not Federal
funds are ultimately made available for said project, it is
understood and agreed that this Agreement is subject in all
respects to the regulations of the Federal Highway Administration,
which apply to work financed from funds appropriated under
Federal Highway legislation subject, however, to the provisions
of all applicable State laws, rules and regulations. Specific
reference is made to the Federal -Aid Highway Program Manual,
Volume 6, Chapter 6, Section 2, Sub -Section 1; Volume 1,
Chapter 4, Section 3; Volume 6, Chapter B, Section 2, Sub -
Section 1; Part VIII to the manual on Uniform Traffic Control
Devices and any supplements thereto, issued by the Federal
F
Highway Administration. All of the said regulations,
memoranda and laws referred to in this Section are incorporated
in this Agreement by reference. In the event that said hh
installation of signals is non -participating in Federal
1
funds, reference to the FederalHighway Administration in
said memoranda shall be interpreted as meaning the CITY.
SECTION IV. It is agreed that the TRUSTEE receives no
ascertainable' benefit from said installation and accordingly,
shall not bear any cost thereof; however, since the installation will be
made by TRUSTEE forces the TRUSTEE will be required to
withstand the initial material and labor cost pending
subsequent reimbursement by the CITY The TRUSTEE will
i
i
keep an accurate and detailed account of the actual and E
necessary expenses he incurs in the performance of the work f
hereunder.
During the progress of the work, the TRUSTEE may submit
progressive billings to the CITY covering applicable material,
labor and other cost relative thereto, provided, however,
that a billing for material only can cover only those materials
which have been delivered to the project location, or stored
at a TRUSTEE facility in the near vicinity of the project
location, so as to allow the CITY'S Engineer to inventory
and document the materials covered under said billing. The
billing must be itemized so as to allow the CITY'S Engineer
opportunity to inventory, document and verify that the costs
I 141CROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES '
0
Plila<UF iL&U by JOkM MICROLAB
-4-
CEDAR RAPIDS AND
have been incurred or that the materials covered in the
billing will be incorporated into the work covered herein.
Subsequent to verification by the CITY'S Engineer, the CITY
will reimburse the TRUSTEE 908 of the reimbursable amount
claimed.
Upon completion of the installation, the TRUSTEE will
submit a detailed statement in no less than five counterparts
with the CITY for reimbursement of the total actual and
necessary expense of such work, as represented by the items
shown in said Exhibit "B". If it is in proper form and the
costs are reasonable as compared with the estimated cost
shown in Exhibit "B", the CITY will promptly reimburse the
TRUSTEE in an amount not to exceed 908 of either (1) the
reimbursable amount claimed, or (2) the reimbursable amount
shown in said Exhibit "B", whichever is the lesser amount.
n; Said reimbursement will be limited to items of cost which
are found necessary and eligible for payment from CITY and/or
Federal funds and which, receive approval for CITY reimbursement
and Federal participation by the required audit of the TRUSTEE'S
cost records and accounts. Following the audit of the TRUSTEE'S
statement and determination of necessary and eligible items,
the CITY will further reimburse the TRUSTEE in such amount
so as to bring the total reimbursement to the total of all
eligible cost items. The TRUSTEE will promptly, upon
written request, reimburse the CITY in the amount of any
justifiable exceptions taken by said audit which may exceed
the amount withheld.
SECTION V. Upon completion of the installation of said
automatic warning devices the TRUSTEE shall thereafter own,
maintain and operate the same so long as signal warning
systems are considered necessary at this crossing.
The maintenance cost of said automatic warning devices
shall be assumed by the.TRUSTEE'and, upon the approval by
the Iowa Department of Transportation, the Grade Crossing
Safety Fund. The Fund may participate in an amount up to
75% of the annual maintenance cost based upon a cost for
each eligible AAR signal unit. The number of applicable AAR
141CROFILMEO DY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
_I
j
i
and Federal participation by the required audit of the TRUSTEE'S
cost records and accounts. Following the audit of the TRUSTEE'S
statement and determination of necessary and eligible items,
the CITY will further reimburse the TRUSTEE in such amount
so as to bring the total reimbursement to the total of all
eligible cost items. The TRUSTEE will promptly, upon
written request, reimburse the CITY in the amount of any
justifiable exceptions taken by said audit which may exceed
the amount withheld.
SECTION V. Upon completion of the installation of said
automatic warning devices the TRUSTEE shall thereafter own,
maintain and operate the same so long as signal warning
systems are considered necessary at this crossing.
The maintenance cost of said automatic warning devices
shall be assumed by the.TRUSTEE'and, upon the approval by
the Iowa Department of Transportation, the Grade Crossing
Safety Fund. The Fund may participate in an amount up to
75% of the annual maintenance cost based upon a cost for
each eligible AAR signal unit. The number of applicable AAR
141CROFILMEO DY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
r•u uwrlLMLD BY JORN NICROLAB
-5-
CEDAR RAPIDS AND D
signal units shall be tabulated as soon as possible and
transmitted to the State for approval and attachment hereto
as Exhibit "C" hereof.
If conditions should change so that signal warning
systems at this crossing are no longer necessary, as determined
by the CITY, the TRUSTEE at his own expense shall remove the
signal installation at the CITY'S request. All items
recovered shall remain the property of the TRUSTEE.
SECTION VI. It is understood and agreed that this
Agreement shall not become effective until it shall have
been approved by the Highway Division, Iowa Department of
Transportation.
SECTION VII. This Agreement may be executed and delivered
I
in two or more counterparts, each of Which so executed and _
delivered shall be deemed to be an original and all shall
constitute but one and the same instrument.
HICROFILMEO BY
JORM MICR+LAB •ei
i
CEDAR RAPIDS • DES MOINES
I
1
J
/
r
1
r
S
i
a
S
r•u uwrlLMLD BY JORN NICROLAB
-5-
CEDAR RAPIDS AND D
signal units shall be tabulated as soon as possible and
transmitted to the State for approval and attachment hereto
as Exhibit "C" hereof.
If conditions should change so that signal warning
systems at this crossing are no longer necessary, as determined
by the CITY, the TRUSTEE at his own expense shall remove the
signal installation at the CITY'S request. All items
recovered shall remain the property of the TRUSTEE.
SECTION VI. It is understood and agreed that this
Agreement shall not become effective until it shall have
been approved by the Highway Division, Iowa Department of
Transportation.
SECTION VII. This Agreement may be executed and delivered
I
in two or more counterparts, each of Which so executed and _
delivered shall be deemed to be an original and all shall
constitute but one and the same instrument.
HICROFILMEO BY
JORM MICR+LAB •ei
i
CEDAR RAPIDS • DES MOINES
t•IiutUi 16-Itu BY JURM MICROLAB
CEDAR RAPIDS AND DE
IN WITNESS WHEREOF, the pa, _ies hereto have caused these
presents to be executed by then authorized officers as of the
dates below indicated.
Witness:
_ V
Assistant Secretary
William bI. Gibbons, Trustee of the
Property of the Chicago, Rock Island
and Pacific Railroad.yompany, Debtor,
w
"t7
' c
c
rryi I
N
C 1
199
y
Executed by the City this COUNCIL FOR THE CITY OF IOWA CITY, IOWA
�j
D
y��fa day of19 B E tCG ��'B•riL� )
Nayor cc
Attest:
By
City Clerk j
The above and foregoing Agreement is hereby approved pursuant
to Staff Action of Llie Iowa Department of Transportation, rimes, 1
Iowa, dated day ofrtl�
• Y
IOWA DEPARTMENT OF TRANSPORTATION
highway Division
1
ay of /•. / ' 19Z By 'i t� F 0 -------
Development Support Engineer
Notary Public in and for said Sl -a c
Approved
Date
Divisi. n Admi
1`istrator
J V Fedcr'�l lighyi y Administration
1 i ,942�;.: C) ivi ibi r i•1 U;J D; ,
�.
DI (I Puul
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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TRANSITION ^ \• CRONX 1XIT SECTION
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• JOHNSON COUNTY II ••n•SL ID Pa IS/f
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CEDAR RAPIDS • DES MOINES
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HIGHWAY CROSSING SIGNAL
COIAIASH I IL IO ]011. CANINIVI. SIAN
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• CEDAh ,..FIDS AND 'JL-
Signal
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Signal Number 5-800133
Dated 9/26/78
Sheet 1 of 2 sheets
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
Modified Cost Estimate for grade crossing warning devices to support
an authorization to proceed with construction under an actual
cost agreement.
a. Description,of Improvement
Iowa City, Iowa
Install cantilever flashing light signals
at So.
Gilbert Street,
MP 1.1.
b. Estimate of Cost
Material
n.
Cantilever flashing light
,I
signals
2
$ 7,865.00
Motion sensor
2
5,712.30
Batteries
18
1,217.70
Relays
I
Mp,ju W iLi•ILu 8Y JORM MICROL48
• CEDAh ,..FIDS AND 'JL-
Signal
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Signal Number 5-800133
Dated 9/26/78
Sheet 1 of 2 sheets
CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY
Modified Cost Estimate for grade crossing warning devices to support
an authorization to proceed with construction under an actual
cost agreement.
a. Description,of Improvement
Iowa City, Iowa
Install cantilever flashing light signals
at So.
Gilbert Street,
MP 1.1.
b. Estimate of Cost
Material
Cantilever flashing light
signals
2
$ 7,865.00
Motion sensor
2
5,712.30
Batteries
18
1,217.70
Relays
6
1,729.20
Other material
3,580.66
Total material
20,104.86
Handling material (5% of material
$20,104.86)
1,005.24
Labor
Direct labor
4,800.00
Personal expenses
1,680.00
Preliminary engineering
200.00
Y I41CROFILMED BY Xi
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CEDAR RAPIDS • DES MOINES
J�7EC'T IOT�
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• CEDAR RAPIDS AND DES '
Sheet 2 of 2 sheets
Modified Cost Estimate - Iowa City, Iowa - So. Gilbert Street
Design Engineering
Construction Engineering
Supervision and accounting charge
(10% of $5,800.00)
Vacation allowance (7.25$ of labor $6,380.00)
Paid holidays (3.50% of labor $6,380.00)
Health and welfare benefits
(5% of labor $6,380.00)
Railroad Retirement and unemployment
insurance (23.30% of labor plus vacation
and paid holidays $7,065.85)
Supplemental pension (1.25$ of labor
_
__j§,380.00)
Workmen's Compensation and public liability
and property damage with a $1,000,000
insurance coverage (11.50% of labor
$6,380.00)
Total Labor
Use of equipment
Estimated freight charges (points of
origin to destination)
Sub -total - Modified Estimate
Contingency (10% of total)
Salvage credits
Total Modified Estimate
................................. .. ......'.J• ea...., n............ :.�.. �..
K� �r4�p 141CROFIL14ED BY -
JORM MICR+L-AB
CEDAR RAPIDS • DES MOINES
60000
200.00
580.00
462.55
223.30
319.00
1,646.34
79.75
733.70
11,524.61
450.00
200.00
33,284.71
3,328.47
.00
36,613.18
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CEDAR RAPIDS AND UES
RESOLUTION NO. 78-478
RESOLUTION AUTHORIZING E(ECMON OF CONTRACT
WITH THE VIGGO M. JENSEN COMPANY
WHEREAS, the City of Iowa City, Iowa, has negotiated a contract
with , a copy of=d ��
being atta to s Reso u on s reference made a parter�
and,
i WHEF M, the City Council deans it in the public interest to enter
j into said contract for the construction of the Downtown Parking Facility
Ramp A, Block 83. The contract approveg a base bid of $3,751,700 with'a
deduct of $53,000 for the use of 9-5/8 inch diameter by 43 inch pipe piles
in lieu of the steel H"" section piling.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the contract with Viggo M. Jensen Company
2. That the City Clerk shall furnish oopies of said contract
to any citizen requesting same.
It was moved by Balmer and seconded by Roberts the
Resolution be adopted, 5iupon r=scall there were:
I:,
NAYS: ABSENT:
BALMER
dePROSSE
ERDAHL
NEUHAUSER
PERRET
ROBERTS
VEVERA
Passed and approved this 31st day of October
, 1978.
Mayor
City Clerk
Rcc_iv_d A Appmved
Cy The Legal Depadment
1 MICROFILMED BY
JORM MICR+LAB -�
CEDAR RAPIDS • DES MOINES
i
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iL;,ILU BY JORM MICROLAB
CEDAR RAPIDS AND UES
RESOLUTION NO. 78-478
RESOLUTION AUTHORIZING E(ECMON OF CONTRACT
WITH THE VIGGO M. JENSEN COMPANY
WHEREAS, the City of Iowa City, Iowa, has negotiated a contract
with , a copy of=d ��
being atta to s Reso u on s reference made a parter�
and,
i WHEF M, the City Council deans it in the public interest to enter
j into said contract for the construction of the Downtown Parking Facility
Ramp A, Block 83. The contract approveg a base bid of $3,751,700 with'a
deduct of $53,000 for the use of 9-5/8 inch diameter by 43 inch pipe piles
in lieu of the steel H"" section piling.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That the Mayor and City Clerk are hereby authorized and directed
to execute the contract with Viggo M. Jensen Company
2. That the City Clerk shall furnish oopies of said contract
to any citizen requesting same.
It was moved by Balmer and seconded by Roberts the
Resolution be adopted, 5iupon r=scall there were:
I:,
NAYS: ABSENT:
BALMER
dePROSSE
ERDAHL
NEUHAUSER
PERRET
ROBERTS
VEVERA
Passed and approved this 31st day of October
, 1978.
Mayor
City Clerk
Rcc_iv_d A Appmved
Cy The Legal Depadment
1 MICROFILMED BY
JORM MICR+LAB -�
CEDAR RAPIDS • DES MOINES
I•tis,IiUriLMLU BY JORM MICROLAB
CEDAR RAPIDS AILD
This document has important legal consequences: consultation with an attorney is encouraged with respect to
its completion or modification.
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRAcrOR
TIIIS AGREEMENT made as of the ..................31st,,,,,,,,,,,,,,,,,,,,,,,,,, day of ...........4A.L.4.h T............ in the year
197...:8... by and between
City of Iowa City, Iowa
(hereinafler called the OWNER) and
Viggo M. Jensen Company
(hereinafter called the CUNTRACfUR)
WITNESSETHTHAT the OWNER and CONTRACTOR in consideration or the mutual covenants hereinafter set
forth, agree as follows: _
Article 1. WORK. The CONTRACTORS will perform all Work as shown in the Contract Documents for the
completion of the Project generally described as follows:
Construction of a 900 -car open air parking facility.
Article 1. ENGINEER. The Project has been designed by
Carl Walker and Associates, Inc.
6f00 Golden Valley Road, #101
Golden Valley, MN 55422
who will act as the ENGINEER in connection with completion of the Project in accordance with the Contract Documents
Artlrle J, CONTRACT TIME, The Work shall Iw completed .by October 15, 1979 as provided in
the Contract Documents.
NSPE 1910-8-A (1970 Edition)
O 1970, National sodny or
Pmtndond Entlnren
page I of ....4.... pages
Y•.�I[AOFILI•IED BY
DORM MICR+LAB
CEDAR RAPIDS • DES MOINES
RECEIVED & APFH^"'3
$6 MM LEGAL DEPAHTUild
1:i,UA iL1•i[„ BY JDRN MICROLAB
CEDAR RAPIDS AND D
Article 4. CONTRACT PRICE. The OWNER will pay the CONTRACTOR for performance of the Work and com-
pletion of the 19ojcel in accordance with the Contract Documents subject to adjustment by Alodificalions as provided
therein in current funds as follows:
"hue Imm a lump rum, wll prit<a or bdh, tlbvhing e.hlblu n mccuao l
Base Bid $3,751,700.00
Alternate N2 deduct $53,000.00
Net Contract Price $3,698,700.00
Unit Price A Add $22.00 Deduct $3.00
Unit Price B Add 18.00 Deduct 3.50
Unit Price C Add 25.00 Deduct 4.50
Unit Price D Add +200.00 ---
Unit Price E --- Deduct 0.20
f
i
Article 5.- PROGRESS AND FINAL PAMENTS. The OWNER will make progress payments on account of the 1
Contract Price as provided in the General Conditions as follows;
)
5.1. Progress and final payments will be on the basis of the CONTRACTOR's Applications for Payment as Ap-
proved j
proved by the ENGINEER. ;
5.2. On or about the .....?3Td day of each month during construction:
••••....K ..............% of the Work completed, and
......... 2y ..............% of he
and equipment not incorporated in the Work but delivered and suitably stored, less
in each case the aggregate of payments previously made.
5.3. Upon Substantial Completion, a sum sufficient to increase the total payments to the CONTRACTOR to 90%
of the Contract Price less retainages as the ENGINEER shall determine for all incompleted Work and unsealed
claims.
5.4. Upon final completion of the Work and settlement of all claims, the remainder of the Contract Price, f
I
30 days after final acceptance of the improvement
Article 6, CONTRACT DOCUMENTS. The Contract Documents which comprise the contract between the OWNER '
and the CONTRACTOR are attached hereto and made a pan hereof and consist of the following:
6.1. This Agreement (pages I to ..4....., inclusive), s
t
6.2. Exhibits to this Agreegtenl (pages .......... to ........... inclusive), a
6.3. CONTRACTOR's Did and Bid Bonds consisting of .......... G ................ pages.!
6.4. Specifications consisting of:
r
Instructions to Diddcrs (pages00 ....'.00... 1000 ....'.Ol...,q nchuive),
General Conditions (pagcs00-03000; OS$nelusivc),
Special Conditions (p39cs%.A0 1000; 02gnelusive),•
Technical Provisions (pageso.k.00;016 Oljnclushc),
Appendix and B
6.5. Drawings as listed in Specifications 'as "Listing of Drawings",
6,6. Addenda numbers ....1...... to ...:..:.',,, inclusive, and '
6.7, Any Modifications, including Change Orders, duly delivered after execution of this Agreement,
Page 2 of .....4.... pages
:41CROFILIIED BY ,,•�
JORM MICR+LAB
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CEDAR RAPIDS • DES MOINES
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1:i,UA iL1•i[„ BY JDRN MICROLAB
CEDAR RAPIDS AND D
Article 4. CONTRACT PRICE. The OWNER will pay the CONTRACTOR for performance of the Work and com-
pletion of the 19ojcel in accordance with the Contract Documents subject to adjustment by Alodificalions as provided
therein in current funds as follows:
"hue Imm a lump rum, wll prit<a or bdh, tlbvhing e.hlblu n mccuao l
Base Bid $3,751,700.00
Alternate N2 deduct $53,000.00
Net Contract Price $3,698,700.00
Unit Price A Add $22.00 Deduct $3.00
Unit Price B Add 18.00 Deduct 3.50
Unit Price C Add 25.00 Deduct 4.50
Unit Price D Add +200.00 ---
Unit Price E --- Deduct 0.20
f
i
Article 5.- PROGRESS AND FINAL PAMENTS. The OWNER will make progress payments on account of the 1
Contract Price as provided in the General Conditions as follows;
)
5.1. Progress and final payments will be on the basis of the CONTRACTOR's Applications for Payment as Ap-
proved j
proved by the ENGINEER. ;
5.2. On or about the .....?3Td day of each month during construction:
••••....K ..............% of the Work completed, and
......... 2y ..............% of he
and equipment not incorporated in the Work but delivered and suitably stored, less
in each case the aggregate of payments previously made.
5.3. Upon Substantial Completion, a sum sufficient to increase the total payments to the CONTRACTOR to 90%
of the Contract Price less retainages as the ENGINEER shall determine for all incompleted Work and unsealed
claims.
5.4. Upon final completion of the Work and settlement of all claims, the remainder of the Contract Price, f
I
30 days after final acceptance of the improvement
Article 6, CONTRACT DOCUMENTS. The Contract Documents which comprise the contract between the OWNER '
and the CONTRACTOR are attached hereto and made a pan hereof and consist of the following:
6.1. This Agreement (pages I to ..4....., inclusive), s
t
6.2. Exhibits to this Agreegtenl (pages .......... to ........... inclusive), a
6.3. CONTRACTOR's Did and Bid Bonds consisting of .......... G ................ pages.!
6.4. Specifications consisting of:
r
Instructions to Diddcrs (pages00 ....'.00... 1000 ....'.Ol...,q nchuive),
General Conditions (pagcs00-03000; OS$nelusivc),
Special Conditions (p39cs%.A0 1000; 02gnelusive),•
Technical Provisions (pageso.k.00;016 Oljnclushc),
Appendix and B
6.5. Drawings as listed in Specifications 'as "Listing of Drawings",
6,6. Addenda numbers ....1...... to ...:..:.',,, inclusive, and '
6.7, Any Modifications, including Change Orders, duly delivered after execution of this Agreement,
Page 2 of .....4.... pages
:41CROFILIIED BY ,,•�
JORM MICR+LAB
i
CEDAR RAPIDS • DES MOINES
r;liuffW it.NLU BY JURN MICROLAB
CEDAR RAPIDS AND 'DES
Article 7. hlfSCELLANEOU5.
7.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the mean•
ings indicated in the General Conditions.
7.2. Neither the OWNER nor the CONTRACTOR shall, without the prior written consent of the other, assign
or sublet in whole or in part his interest under any of the Contract Documents and, specifically, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written consent of the owner.
7.3. The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns and legal repre-
scntatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract
Documents. -
7.4. The Contract Documents constitute the entire agreement between the OWNER and the CONTRACTOR
and may only be altered, amended or repealed by a duly executed written instrument.
Article 8. OTHER PROVISIONS.
Upon Notice of Award for Phase I the contractor shall return a signed copy ;.
of the contract and a Performance Bond in the amount of $10,000.
After Notice to Proceed on Phase II, the contractor shall submit a Performance t
Bond for the full contract price, a Labor and Material Bond and Certificate
of Insurance as stated in the Contract Documents. t
Page 3 of ....4.... pages
MICROFILMED BY
'i DORM MICR+LAB I
CEDAR RAPIDS DES MOINES
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Article 7. hlfSCELLANEOU5.
7.1. Terms used in this Agreement which are defined in Article I of the General Conditions shall have the mean•
ings indicated in the General Conditions.
7.2. Neither the OWNER nor the CONTRACTOR shall, without the prior written consent of the other, assign
or sublet in whole or in part his interest under any of the Contract Documents and, specifically, the CONTRACTOR
shall not assign any moneys due or to become due without the prior written consent of the owner.
7.3. The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns and legal repre-
scntatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract
Documents. -
7.4. The Contract Documents constitute the entire agreement between the OWNER and the CONTRACTOR
and may only be altered, amended or repealed by a duly executed written instrument.
Article 8. OTHER PROVISIONS.
Upon Notice of Award for Phase I the contractor shall return a signed copy ;.
of the contract and a Performance Bond in the amount of $10,000.
After Notice to Proceed on Phase II, the contractor shall submit a Performance t
Bond for the full contract price, a Labor and Material Bond and Certificate
of Insurance as stated in the Contract Documents. t
Page 3 of ....4.... pages
MICROFILMED BY
'i DORM MICR+LAB I
CEDAR RAPIDS DES MOINES
Miwwt iLilcu BY JORM MICROLAB
CEDAR RAPIDS AND DES
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
OWNER City of Iowa CiV
...............
By ......... q6beii'-?'-'.-
[CORPORATE SEAL]
Attest: (?IT'. SITO
Attest .....
Abbie StOTfIlSs�litClerl
CONTRACTOR ... U.990-M.—Jensea.-Ca—
By ... �.M.3.�.t-u-xa
[CORPORATE SEAL] Qswm-
Attest...
........................
Page ...4..... Of .... pages
MICROFIL14ED BY
J6RM MIC R# LAB
CEDAR RAPIDS - DES MOINES
.1iw(Ur ILMLU BY JURM MICROLAB
CEDAR RAPIDS AND 'DES
AGREEMENTS/CONTRACTS
vl-��Attached are � unexecuted copies of
S (i•./. �:. .�� J'.l sn_ �1 tea_✓>d �/�/...n
�J �1L /�l'`C"CL�'.� C—/ �c..c�•' L���C•9-Yr�il. ��L`/ .d�cy�r(.c%t�-
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CEDAR RAPIDS • DES MOINES
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CEDAR RAPIDS AND
RECEIVED IJOV 1 4 1978
VIGGO M. JENSEN CO.
GENERAL CONTRACTORS
P. O. BOX 2540
IOWA CITY, IOWA 52240
319/354-5696
November 14, 1978
Neal Berlin, City Manager
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: 900 - Car Parking Facility,
Ramp A, Block 83, Iowa City
Dear Mr. Berlin:
This is to confirm our meeting of November 14, 1978,
at which time discussion was held between the City of Iowa
City and Viggo M. Jensen Co. concerning the interpretation
of Section 12.2 of the Standard General Conditions of the
General Contract as identified in the contract documents
in reference to the above project.
It is our understanding as a result of such meeting
that both parties mutually agree that primary concern rests
with the ability or inability of Viggo M. Jensen Co. to
complete the foundation work so that pre -cast concrete
can be set commencing April 1, 1979. In this connection
both parties are in agreement that if frozen ground condi-
tions are such that it is engineeringly unfeasible or im-
possible to continue with such foundation work that this
shall constitute a matter beyond the control of the con-
tractor and the completion date under the contract shall
be extended as provided in the contract documents.
This understanding shall not alter or change the inter-
pretation to be given to any other provisions under the
contract documents.
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'. 6EDAR RAPIDS • DES MOINES
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CEDAR RAPIDS AND
RECEIVED IJOV 1 4 1978
VIGGO M. JENSEN CO.
GENERAL CONTRACTORS
P. O. BOX 2540
IOWA CITY, IOWA 52240
319/354-5696
November 14, 1978
Neal Berlin, City Manager
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: 900 - Car Parking Facility,
Ramp A, Block 83, Iowa City
Dear Mr. Berlin:
This is to confirm our meeting of November 14, 1978,
at which time discussion was held between the City of Iowa
City and Viggo M. Jensen Co. concerning the interpretation
of Section 12.2 of the Standard General Conditions of the
General Contract as identified in the contract documents
in reference to the above project.
It is our understanding as a result of such meeting
that both parties mutually agree that primary concern rests
with the ability or inability of Viggo M. Jensen Co. to
complete the foundation work so that pre -cast concrete
can be set commencing April 1, 1979. In this connection
both parties are in agreement that if frozen ground condi-
tions are such that it is engineeringly unfeasible or im-
possible to continue with such foundation work that this
shall constitute a matter beyond the control of the con-
tractor and the completion date under the contract shall
be extended as provided in the contract documents.
This understanding shall not alter or change the inter-
pretation to be given to any other provisions under the
contract documents.
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�,. mcnr ILMED BY
1 JORM MICR+LAB
'. 6EDAR RAPIDS • DES MOINES
h11u<OriGIL1 BY JORM MICROLAB
CEDAR RAPIDS AND
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If the above statements are a correct understanding
of the agreement reached at said meeting, would you please
sign one copy of this letter together with John W. Hayek,
City Attorney, and return to our office.
Very truly yours,
Calvin A. Knight
President; Viggo Jensen Co.
Attest:
` / rud� /GGGA
William M. TUC er, Attorney
for Viggo M. Jensen Co.
CITY OF IOWA CITY
By:
ea er n, ty nager
City of Iowa City
Attest:
4y5 a ty ttorney
of Iowa City
' MICROFILMED BY
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JORM MICR+LAB II
CEDAR RAPIDS • DES MOINES
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CEDAR RAPIDS AND
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If the above statements are a correct understanding
of the agreement reached at said meeting, would you please
sign one copy of this letter together with John W. Hayek,
City Attorney, and return to our office.
Very truly yours,
Calvin A. Knight
President; Viggo Jensen Co.
Attest:
` / rud� /GGGA
William M. TUC er, Attorney
for Viggo M. Jensen Co.
CITY OF IOWA CITY
By:
ea er n, ty nager
City of Iowa City
Attest:
4y5 a ty ttorney
of Iowa City
' MICROFILMED BY
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JORM MICR+LAB II
CEDAR RAPIDS • DES MOINES
V