HomeMy WebLinkAbout1988-01-26 Resolution4
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RESOLUTION NO. 88-I3
RESOLUTION ACCEPTING THE WORK FOR THE
PARKING RAMP A MAINTENANCE AND REPAIRS PROJECT
WHEREAS, the Engineering Division has recommended that the
improvements covering the Parking Ramp A Maintenance and Repairs
Project as included in a contract between the City of Iowa City and
R.A. Johnson Contracting,Inc. of Omaha, Nebraska, dated May 12, 1987,
be accepted, and
WHEREAS, maintenance bonds have been filed in the City Clerk's
office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City,
Iowa, that said improvements be hereby accepted by the City of Iowa
City, Iowa.
It was moved by_ Courtney and seconded by Strait
that the resolution as read be adopted, and upon roll call there
were:
AYES: NAYS: ABSENT:
x AMBRISCO
Passed and approved this 26th day
ATTEST:_ n,,, ,,) .1, -401 ko
CITY CLERK
COURTNEY
DICKSON
HOROWIT2
LARSON
McDONALD
STRAIT
of January, 1988.88/
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CITY OF IOWACIVIC CENTER CITY
41 O E. WASHINGTON ST. IOWA CIN, IOWA 52240 (319) 356-5000
ENGINEER'S REPORT
January 19, 1988
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the Parking Ramp A
Maintenance and Repairs Project as constructed by R. A. Johnson
Contracting, Inc. of Omaha, Nebraska, has been completed in
substantial accordance with the plans and specifications of the
Engineering Division of the City of Iowa City. The required
maintenance bond is on file in the City Clerk's office.
I hereby recommend that the above-mentioned improvements be
accepted by the City of Iowa City. Total project construction
cost of the improvements is $103,892.73.
Res ectfu11 ;submitted,
Frank K. Farmer, P.E.
City Engineer
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RESOLUTION NO. 88-1,1
RESOLUTION AMENDING THE 1983 COMPREHENSIVE PLAN UPDATE
TO INCLUDE AN OUT OF SEQUENCE DEVELOP14ENT POLICY
WHEREAS, the City's 1983 Comprehensive Plan Update is a statement of the land
use goals and policies of the community; and
WHEREAS, the Comprehensive Plan growth management policy provides, with
respect to timing or sequence of development, that development should occur
only at such time as it is possible to maintain compact and contiguous growth
and to maximize efficiency of municipal services; and
WHEREAS, the City Council directed the Planning and Zoning Commission to
consider a policy that would allow development out of phase with growth
management policies recommended in the 1983 Comprehensive Plan Update; and
WHEREAS, the Commission developed the Out of Sequence Development policy set
forth in paragraph 1, below; and
WHEREAS, the Planning and Zoning Commission and the City Council have held
public meetings to receive citizen comments on the Out of Sequence Develop-
ment Policy and it has been recommended by the Planning and Zoning Commis-
sion; and
WHEREAS, the Commission and Council find that while the Out of Sequence
Development Policy allows for development out of phase with the City's growth
management policy it approximates the efficiency of development upon which
this growth management policy is based; and
WHEREAS, these bodies have found that the Out of Sequence Development Policy
reflects the desires of the community and should be added to the goals and
policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I0WA CITY,
IOWA, THAT:
1. The following Out of Sequence Development Policy be adopted as an adden-
dum to the 1983 Comprehensive Plan Update.
From time to time, certain factors may encourage private developers
to develop tracts of land out of phase with the development sequence
determined to be appropriate for the City. Those developments will
require the extension of municipal services in a manner that is
inefficient and not anticipated in the City's capital improvements
program. In order to approximate the efficiency of development upon
which the City's growth management policy is based, out of sequence
v development would be required to expend all of the costs associated
with that development, including costs typically subsidized by the
City. Costs customarily paid by the City may be recouped at such
time as sufficient intervening development occurs to resemble the
cost/benefit balance on which sequent development is based.
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Resolution No. 88-14
Page 2
2. This policy shall be considered in the context of the broad goals and
objectives of the 1978 Comprehensive Plan and the 1983 Comprehensive Plan
Update.
It was moved by Courtney and seconded by Larson the
Resolution be adopted, ana upon roTT call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
X COURTNEY
X DICKSON
X HOROWITZ
X LARSON
MCDOMALD
X X STRAIT
Passed and approved this 26th day of January 1988.19
MAYOR
ATTEST: ? .„��J
GITY� LERK
Received a Approved
8Y The Legal Depadm nj
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RESOLUTION N0. 88-15
RESOLUTION AMENDING THE COMPREHENSIVE PLAN BY CHANGING THE LAPID
USE CLASSIFICATION OF A TRACT KNOWN AS SOUTHWEST ESTATES FROM
AGRICULTURAL/RURAL RESIDENTIAL TO RESIDENTIAL AT A DENSITY OF 2-8
DWELLING UNITS PER ACRE.
WHEREAS, the City's Comprehensive Plan is a statement of goals and poli-
cies for the community; and
WHEREAS, in order to be an effective guide for a vital community, the Plan
is flexible and amendable within the context of set goals and objectives
described within the Plan; and
WHEREAS, the Comprehensive Plan allows development out of phase with the
growth management policy recoarnended in the Plan in a manner that approxi-
mates the efficiency of development upon which the City's growth manage-
ment policy is based; and
WHEREAS, Southwest Estates is a tract of land in the City, east of
Slothower Road, north of Rohret Road, south of the Johnson County Care
Facility and west of the east line of the Southeast Quarter of Section 13,
Township 79 North, Range 7 West of the 5th Principal Meridian; and
WHEREAS, while the area in which Southwest Estates is located is shown on
the Short -Range Comprehensive Plan map as Agricultural/Rural Residential,
with residential development at urban standards not expected to occur
before 1998, the owner, Seville Corporation, has agreed that development
of Southwest Estates shall be in compliance with the Out of Sequence
Development Policy of the Comprehensive Plan; and
WHEREAS, based upon the preceding findings, the City Council of Iowa City
determines that changing the land use classification of the tract known as
Southwest Estates from Agricultural/Rural Residential to Residential at a
density of 2-8 dwelling units per acre falls within the context of the
goals and objectives of the Comprehensive Plan.
NOW, THEREFORE, DE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
I. The Short -Range Development Plan Map of the Comprehensive Plan he
amended by changing the land use shown for Southwest Estates from
Agricultural/Rural Residential to Residential at a density of 2-8
dwelling units per acre.
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Resolution No. 88-15
Page 2
It was moved by Courtnev and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
R AMBRISCO
_ COURTNEY
t DICKSON
X HOROWITZ
x LARSON
X MCDONALD
_ STRAIT
Passed and approved this 20th day of January , 1988.
MAYOR
ATTEST: 67 ^ L RK /JA l
Recelved A A
SY The [erJel pel'!'Mn ejj,
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RESOLUTION NO. 88-16
RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE EXTENSION OF
WEEDER STREET, A SUBDIVISION OF I014A CITY, JOHNSON COUNTY, IOWA.
WHEREAS, William E. Knabe and Gordon Russell have entered into a
stipulated District Court judgment pursuant to which Russell will con-
struct an extension of Weeber Street on land owned by Knabe and Russell;
and
WHEREAS, the owners of a portion of the subdivision, William E. Knabe and
Judith M. Knabe, have filed with the City Clerk of Iowa City, Iowa, an
application for approval of a preliminary plat for the extension of Weeber
Street, a subdivision of Iowa City in Johnson County, Iowa, which is
legally described as follows:
Beginning at the Northeast Corner of the Southeast Quarter at
the Northwest Quarter of the Southwest Quarter of Section 16,
Township 79 North, Range 6 West of the 5th Principal Meridian;
thence S0052'16"W, 371.22 feet along the east line of the north-
west quarter of the southwest quarter of said Section 16; thence
S75o17'30"W, 386.13 feet; thence S2022'29"W, 217.72 feet; thence
S87o58'58"E, 83.33 feet; thence S2022'29"W, 87.92 feet, to a
point on the Northerly right-of-way line of Iowa Highway 1;
thence S46055'28"W, 165.55 feet along said right-of-way line;
thence S37011 33"W495.4 feet along said right-of-way line;
thence N2o49'14"E, 1,307.28 feet; thence S88015'2"E, 130.78
feet; thence S88o19'30"E 154.39 feet to the Centerline of
Weeber Street; thence S019'30"E, 384.95 feet to the point of
beginning.
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the preliminary plat of said subdivision
and have recommended approval of same; and
WHEREAS, the preliminary plat of said subdivision has been examined by the
Planning and Zoning Commission and after due deliberation the Commission
has recommended that it be accepted and approved; and
WHEREAS, the preliminary plat is found to conform with all of the require-
ments of the City ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY:
1. That the preliminary plat submitted by William Knabe dated December
16, 1987, for the extension of Weeber Street 237.55 feet along the
common property line of property owned by William Knabe and Gordon
Russell, where said property line is the centerline of the extension
of Weeber Street, is hereby approved.
2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are
hereby authorized and directed to certify the approval of this resolu-
tion which shall be affixed to the preliminary plat after passage and
approval by law.
z
It was moved by Strait and seconded by Courtney
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
_ X AMBRISCO
COURTNEY
x DICKSON
_ x HOROWITZ
x_ LARSON
x_ MCDONALD
X STRAIT
Passed and approved this 26th day of January 1988.
MAYOR
Approved as to Form
ATTEST: i�v fl
CIT CLERK LEGA DEPARTMENT
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STAFF REPORT
To: Planning & Zoning Commission
Item: S-8728. Weeber Street Extension
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
BACKGROUND
Prepared by: Karin Franklin
Date: January 7, 1988
William Knabe
1101 Weeber Street
Iowa City, Iowa 52240
Approval of the extension of a
public street.
To provide access to the
applicant's property and
comply with the order of Iowa
District Court for Johnson
County Equity No. 48347.
South of Weeber Street and
north of Highway 1.
Undeveloped; RS -5
North - Single-family Residen-
tial; RS -5
East - Undeveloped; RS -5
South - Undeveloped; RS -5
!Jest - Undeveloped and Sin-
gle-family Residen-
tial; RS -5
2-8 dwelling units per acre
December 16, 1987
The applicant is pursuing the extension and construction of Weeber Street
in accordance with an order of the Iowa District Court in Johnson County
as part of a suit filed by the applicant against Gordon Russell, the
abutting property owner. The order of the Court provides for the exten-
sion of Weeber Street along the alignment shown and places the burden of
construction on Mr. Russell. Approval of the street extension by the City
is provided for in the order and is within the purview of the Planning and
Zoning Commission according to Section 27-17(4) of the Iowa City Municipal
Code. The applicant has begun the process to gain City approval of the
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street at this time to insure that the time constraints noted in the order
(City approval prior to January 1, 1990) do not result in a cessation of
the obligation of Mr. Russell (see Section 3.c of the order attached).
ANALYSIS
Weeber Street, as it presently exists, connects Benton Street with the
undeveloped land owned by Mr. Knabe and Mr. Russell. The street runs
directly north and south and has a grade of approximately 11 percent just
north of the proposed extension. The proposed 238 foot extension should
be evaluated in terms of its alignment and its specifications - width,
materials, and grade.
The construction proposed complies with City specifications for materials.
The dimensions noted in the cross-section deviate from the current stan-
dards for City streets in that the width of the street is shown as 25 feet
rather than the required 28 feet. The 25 foot dimension is consistent
with the existing width of Weeber Street. Since Weeber Street will proba-
bly serve as a local residential street and eventually tie-in indirectly
with Edingale Drive extended, another 25 foot street, it is appropriate
that the street be extended at this dimension. The radius on the curve is
tight according to suggested standards but is consistent with other
streets in the area. The topography of the approaches to the curve and the
functioning of Weeber Street as a local residential street should result
in relatively slow vehicular approach to the curve.
The extension will carry Weeber Street over the top of the hill to a grade
on the south side of the hill of 3.95 percent. Maximum grade on residen-
tial streets is 12 percent. Therefore the extension clearly complies with
the grade standards.
The alignment proposed permits the continuation of Weeber Street south to
an indirect connection with Edingale Drive or Highway 1. Given the steep
grade of Weeber Street as it exists, a direct connection with Highway 1
and use of Weeber Street as a collector -street would be ill-advised.
However, that question is not and need not be addressed at this point
given the flexibility for continuation of the street that this proposal
presents. Assuming that Weeber Street will function as a local residen-
tial street, the alignment proposal permits the development of lots on
either side of the extension and its potential continuation.
STAFF RECOMI4ENDATION
The staff recommends that the proposed extension of Weeber Street be
approved as shown since the extension permits the orderly and continued
development of adjacent properties.
ATTACHMENTS
1. Location map.
2. Order of the Iowa District Court for Johnson County filed November 5,
1984, Book 737, Page 288.
3. Design sketch of possible future street alignments.
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ACCOMPANIMENTS
1. Plat showing the Weeber Street extension.
Approved by: �{�C �l ���C•GG•°'
Donald cimeisT er, Direc o—
Department of Planning
and Program Development
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LOCATION MAP S-8728
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IN TIE 10WA DISTRICT WiRr• Spµ JOxa1Sal CM11-y
WIILLMI E. F71ME and JWIT I M. ) 455
i¢1aDE' 1 MUITY 110. 48347
Plaintiffs, ; -13
Vs. � .,..
) 1904;U'17
r7JPW1I puSSmz, ) STSPVLITICN
Defendant. ) o, �...�. ,•..'.'',...
Jrfc.S.n
7be parties settle this Cause of Action on the following termini
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_ZL( The term "parties" shall include the personal representatives, heirs,
sixnCoryors in interest, and assigns of the Plaintiffs and Defendant.
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•� •�_ aFP� Attached an E>ihibit "A" and made a part hereof by this reference is
•,a dcZe?ng or sketch portraying the property of the plaintiffs and the Defendant
ehahing the designation of the area involved for the purpose of performnance
by the Defendant of the construction of a street subject to the agreo is
and text of this Stipulation.
3. With reference to CWhit "A", mfeMvht s;;all, pursuant to the
\ specifications hereinafter set forth, install a concrete paved street at his
sole expense between Points "1" and "2" on Exhibit "A", the heavy line between
said points representing the center line of the proposed street. rmmstruction
Of the street shall be pursuant to the following terra;
a. Specifications shall be those in use by the City of Iowa City,
Iowa, at the timo of street construction.
b. The street shall be constructed by the Defendant within one
construction season following appmvsl of the street by the City of Iowa Cibj,
C. The obligation for constructio f the street by the Defendant
sha11 cease Unless eudi street and the locationth f as shown on 1Ddhibit
"A" is approved prior to January 1, 1990, by the CLty f Iowa City, Iowa, as
a connection to an existing public way including W •r Street in Iowa City,
Iowa.
VOL 737 ;LL283
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The cost of construction shall include the necessary hiprovenents to the street
but shall not include sidewalks, water, or sower. 'Dhe term "approval" shall
man the approval of the City for coanencarent of construction of the street.
d. Partin agree to dedicate to the public in equal pmportiom
the right of way necessary for the installation of the street referred to
above.
4. either party may make application to the City of Iowa City for the
installation of the street referred to above and the other party will net
oE3ect tgfthe appllcntlon for the street or any requirement by the City relevant
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N '�rno
J' 54OAba obligation of the Defendant as above described shall constitute
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�I^a 'aen i§oest all of the land owned by the Defendant or Conon Fassell Trucking,
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Inch. stw'r'n on Exhibit "a" as nom particularly described in tadhlbit "B" which
is owned by the Defendant individually, Elmdon Possell Tnrl:ing, Inc., an Iona
.corporation which is a signatory hereto as well as any other entity in which
the Defendant has any interest. Said zeal estate of Defendant or Cbrdon Russell
Trucking, Inc. is pore particularly described in Exhibit "B" which is attached
hereto and undo a part hercof. Further, the Defendant represents that he or Cordon
Russell Trucking, Inc. is the owner of all of the land described in Exhibit "B"
and all of the land act forth in Exhibit "a" except for that portion thereof sold
to Tiothy Rhssnll or that awned by the Plaintiffs or the State of Iowa.
The Defendant will exacuto any additional documents necessary to establish
the lien described above as reasonably required.
6. In the event the Defendant fails to perform the above obligation, the
Plaintiffs shall have the right ton
a. specific performance;
b. damages for Defendant's breach; or
C. having installed the street at Plaintiffs' expense, for the east
u thereof.
' The foregoing subparagragihs b and c shell be secured by the aforesaid lien
which shall continue in full force and affect until satisfied.
:Uri 727 Hrr2183
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7. In the event Plaintiffs fail to perform the obligations to be
perforned by tlhem, Defendant shall have the right to bring an action for:
a. specific performance; or
b. damages arming from Plaintiffs! breach.
8. In the event that it is necessary to institute legal action for the
enforcerent of the provision of this Stipulation, the defaulting party shall
be responsible for reasonable legal fees and for the costs thereof.
9. It is agreed that this Stipulation may to entered as a jud7mnt by
consent under the provisions of I.R.C.P. 226, the entry thereof shall consti-
&te a-mnplete release by each party fora claim of the other except for non -
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D Ferf4g5vice of the to= of this Stipulation.
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to kq"C, A copy of this agreement may be recorded by either party in the Office
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di? tlVvvrson County Pe rder.
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11. Plaintiffs shall pay the court costs of this action.
Dated this 71st day of October, 1904.L. - tl-7�1—
Gordon Posseil, in vi valid y
GCRMI RCSSEM TRUMNG, II'.
By —Cor nRtrse ; Presraent J� .
am E. Ifnabe
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WEEBER/ EDINGALE EXTENSIONS
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RESOLUTION NO. 88-17
RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDENTIAL
DEVELOPMENT PLAN FOR METRO PAVERS, INC.
WHEREAS, the owner, Metro Pavers, Inc., has filed with the City Clerk of
Iowa City, an application for approval of a preliminary Large Scale
Non -Residential Development Plan for property located at 1722 Stevens
Drive; and
WHEREAS, the property is presently not served by the municipal water
supply system; and
WHEREAS, based upon information presented to the City by Metro Pavers,
Inc. regarding materials that are expected to be stored in proposed cement
batch plant enclosures, the Iowa City Fire Department has determined that
the batch plant enclosures may be constructed without provisions for
additional water sources on the property for firefighting purposes; and
WHEREAS, the plan notes that proposed structures, other than the batch
plant enclosures, may not be constructed without written approval from the
Iowa City Fire Chief; and
WHEREAS, the Department of Planning and Program Development and the Public
Works Department have examined the preliminary Large Scale Non -Residential
Development Plan and have recommended approval of same; and
WHEREAS, the preliminary Large Scale Non -Residential Development Plan has
been examined by the Planning and Zoning Commission and after due delib-
eration the Commission has recommended that it be accepted and approved;
and
WHEREAS, the preliminary Large Scale Non -Residential Development Plan for
Metro Pavers, Inc. is found to conform with all the pertinent requirements
of the ordinances of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the preliminary Large Scale Non -Residential Development Plan for
Metro Pavers, Inc. is hereby approved.
2. That the City Clerk is hereby authorized and directed to certify the
approval of the resolution and said plan.
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It was moved by 5t •q i t and seconded b
the Resolution be a op a an upon roll call there were. o�utz
AYES: NAYS: ABSENT:
AMBRISCO
Y COURTNEY
XDICKSON
X HOROWITZ
Y LARSON
a MCDONALD
— x STRAIT
Passed and approved this 76th day of January// 1988.
!st/ �i o
MAYOR
Approved as to Form
ATTEST:I/<- .. �_
LrbAL U1
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City of Iowa City
MEMORANDUM
Date: January 15, 1988
To: Planning & Zoning Commission
From: Monica Moen, Associate Planner
Re: S-8716, Metro Pavers, Inc. LSNRD
The Commission will recall that consideration of the preliminary Large Scale
Non -Residential Development (LSNRD) plan for Metro Pavers, Inc. has been
deferred pending identification, and approval by the City Fire Department, of
a water source on the Metro Pavers site for firefighting purposes.
The applicant and the City have discussed this issue and, based on informa-
tion presented to the City and attached hereto regarding materials that are
expected to be housed in the enclosures, the Fire Department agrees that the
two cementitious batch/mix plant enclosures proposed for the site may be
constructed without provisions for additional water sources on the site. The
plan has
other than bthe Batch ePlant Enclosure(s) sure( ) arestocbey
constructed[
eifing that withoutuwritten
approval from the Iowa City Fire Chief." The City and the applicant agree to
amend the note regarding warehousing of substances to include reference to
flammable substances. The revised note is to read as follows: "No warehous-
ing of flammable or hazardous substances shall be allowed within the Batch
Plant Enclosure(s)."
Based on correspondence received by the City from MMS Consultants, Inc.,
dated January 14, 1988, and attached Certificates of Performance regarding
admixtures 14B-AE10 and LL -821, staff recommends that the preliminary LSNRD
plan for Metro Pavers, Inc. be approved.
ATTACHMENTS
1. Correspondence from MMS Consultants, Inc., dated January 14, 1988.
2. Certificate of Conformance regarding admixture MB-AE10, dated October 28,
1985.
3. Certificate of Conformance regarding admixture LL -827, dated October 28,
1985.
Approved by:
onaId Schmeiser, Director
Department of Planning and
Program Development
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MMMS CONSULTANTS INC. RobertM 0. Mlckelaon 465 IOWA HIGHWAY No WEST a IOWA Lay rlalschnlBler
A CITY • IOWA 52240.3195 Chopher M. sleph.n P.E.
S 319.351.6262 Lee J. Tlppe P.E.
Cerin E. Beranek L.S.
January 74, 1988
Monica Moen, Planner
Department Of Planning 6 Program Development
Civic Center, 410 E. Washington Street
Iowa City, Iowa 52240
rzccErveu
Re: S-8720, Metro Pavers' L.S.N.R.D. Plan JAN 14 I98b
Dear Ms. Moen:
P.P.D. DEPARTMENT
In accordance with our discussions during our meeting with Larry
Kinney, I have discussed the "Batch Plant Enclosure" materials
storage question with representatives of Metro Pavers and
used
and they
have assured me that no materials other, than those no
in the mixing of Portland Cement Concrete
stored and or used within the proposed en
c, , areintendedto be
ed
Those materials are the usual water, sand, gravel, crushed stone
and Portland Cement along with various other admixture materials
as may be appropriate for specific Portland Cement Concrete
mixture specifications. It is my understanding that none of
these admixtures are flammable or abnormally toxic.
I have attached copies of "Certificates of Conformance", provided
by Metro Pavers, for water Reducing and Air -Entraining
admixtures, and I have requested material data sheets that
hopefully will detail the composition of those materials. I will
Provide the data sheets as soon as they are available.
I have also added notes to the Preliminary L.S.N.R.D. Plan
regarding the storage of materials within the structure(S) and
the limitations on further construction on the Site.
CC: Metro Pavers
0112006c.01
Respectfully submitted,
(
MMS
Consultants, Inc.
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Larry R> Son ni tt,jer, ASLA
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MASTER BU/LOERIC INC
IIAI W el.:IG CONLi6 IL'/IOIILUmUE
October 28, 1985
Certificate of Conformance
MB -AE 10
Master Builders Air -Entraining Admixture for Concrete
Re: Iowa Department of Transportation
To Whom It May Concern:
State of Ohio )ss
County of Cuyahoga)
Before me, a Notary Public, in and for the aforesaid State and
County, personally appeared James C. Maras, who being duly sworn,
deposes and says:
That he is Quality Assurance Manager For Master Builders,
Cleveland, Ohio; and
That MB -AE 10, an Air -Entraining admixture for concrete, is an
alkali -stabilized aqueous solution of a saponified natural wood
resin, having a nominal 7 percent residue when dried at 1050C; and
That MB -AE 10 meets the requirements of ANSI/ASTM C 260-77,
Corps of Engineers' CRD -C 13-79, and AASHTO M 154-79, Standard
Specifications for Air -Entraining Admixtures for Concrete; and
That the MB -AE 10 recommended dosage rate is 0.25 to 4.0 fluid
ounces per 100 pounds of cement; and
Quality Assurance Acceptance Criteria
pH at 770F (250C): 10.4 - 12.4
Specific gravity at 770F (250C): 1.009 - 1.029'
Solids Content", percent by weight: 6.0 - 9.0
Chloride ion content, percent by weight: less than 0.2
*Per Iowa DOT Test Method No. Iowa 806-A
James C. Maras
Quality Assurance Manager
Subscribed and sworn to before me
thi 28th day of. October, 1985
Barbara K. Leslie, Notary Public
State of Ohio
My Commission Expires August 13, 1989
(Recorded in Cuyahoga County 73100 CHAGRIN BOULEVARD
CLEVELAND. OHio 44121
PHONE
PNONE 2I8/871•SS00
TELEX 980.703
M.4STER BU/LOERS, INC.
II41910VING CONCREIE WORLDWIDE
October 28, 1985
Certificate of Conformance
Admixture LL -827
Master Builders Admixture for Concrete
Re: Iowa Department of Transportation
To Whom It May Concern:
State of Ohio
County of Cuyahoga)ss
Before me, a Notary Public, in and for the aforesaid State and County,
personally appearea James C. Maras, who being duly sworn, aeposes and says;
That he is Quality Assurance Manager for Master Builders, Cleveland,
Ohio; and
That Admixture LL -827, depending upon the dosage rate used, meets the
requirements for a Type A, Water -Reducing Aamixture, specified in ASTM C
494-82, Corps of Engineers' CRD 87-83, ana AASHTO M 194-82, Standard
Specifications for Chemical Admixtures for Concrete; and
That the Admixtures LL -827 recommended dosage rate is 5.0 to 12.0 fluid
ounces'per 100,pounds of cement; and
Quality Assurance Acceptance Criteria
pH at 770F (250C): 4.5 - 7.5
Specific gravity at 770F (250C): 1.18 - 1.22
Solids content*, percent by weight: 39.5 - 43.5
Chloride ion content, percent by weight: less than 0.5
Per owa T Test Method No. Iowa 812.
�s C. Maras
Quality Assurance Manager
Subscribed and sworn to before me
this 28th day of October, 1985
M
Barbara K.: Leslie, Notary Public
;State'of Ohio
My Commission Expires August 13, 1989
(Recorded in Cuyahoga County)
27700 CHAGRIN 00 ARD /4
CLEVELAND. 01110 "122
PHONE 216/601.5500
m c. nnn.n na
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MMS CONSULTANTS, INC.
tB.M, L.S.
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465 IOWA HIGHWAY N4.1 WEST a IOWA CITY a IOWA 52240-3195
LLa"arry B. SahnIttle
ltller L.A.
Christopher M. Stephen P.E.
319.351. 8282
Lee J. TIpPe P.E.
s
Dean E. Beranek L.S.
September 10, 1987
Monica Moen, Planner 14L-0, VI:
Department of Planning & Program Development SEP 1 U lar{)
City of Iowa City
Civic Center
410 E. Washington Street P.P.D. DEPARTMENT
Iowa City, Iowa 52240
RE: 5-8716, Waiver of 45 day Limitation Period
for Metro Pavers, Inc. L.S.N.R.D., Iowa City, Iowa
Dear Ms. Moen:
On behalf of the Developers, I am granting a waiver of the
requirements of Section 32-29.(c) of the Code of Iowa City.
LRS/cas
(0112006C.01 -D.22)
w
Respectfully,
MMS CONSULTANTS, INC.
c4W,
�-
Larry R. Schnittjer
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City of Iowa City
MEMORANDUM
Date: August 27, 1987
To: Planning and Zoning Commission
From: Monica Moen, Associate Planner ' 6w'
Re: 5-8716. Metro Pavers, Inc. LSNRD
The Riverfront Commission will review the Large Scale Non -
Residential Development (LSNRD) plan for Metro Pavers, Inc. at
its meeting on Wednesday, September 2, 1987. Comments from the
Commission will be forwarded to you at the formal Planning and
Zoning Commission meeting on Thursday, September 3.
Larry Donner, Chief of the City Fire Department, will attend the
August 31, 1987, informal meeting to explain the options
available to Metro Pavers for supplying a source of water on the
Metro Pavers site for firefighting purposes. The Fire Chief is
expected to identify three options of providing water to the
facility:
1) Extension of the municipal water supply system;
2) Use of a dry hydrant in conjunction with water supplied
by either Sand Lake or the Iowa River; and
3) Provision of a 240,000 gallon reservoir on the Metro
Pavers site.
The Fire Chief has provided information on the standard on water
supplies for suburban and rural firefighting, a copy of which is
attached. In order to facilitate discussion of this issue,
please review the material, paying particular attention to the
definition of "adequate and reliable water supply" on page 4, to
the discussion of water supplies, beginning on page 12, and to
the description of the dry hydrant method of suctioning water
from a water source on page 20.
If you have questions, please do not hesitate to call me at 356-
5247.
sp/pc
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STAFF REPORT
To: Planning and Zoning Commission
Item: S-8716. Metro Pavers, Inc.
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45 -day limitation period:
SPECIAL INFORMATION
Public utilities:
M
Prepared by: Monica Moen
Date: August 20, 1987
Metro Pavers, Inc.
1722 Stevens Drive
Iowa City, Iowa 52240
Contact: Kenneth Albrecht,
Wayne Kempf
Phone: 351-8800
Approval of a preliminary LSNRD
plan for Metro Pavers, Inc.
To permit expansion of existing
offices, enclosure of two exist-
ing batch plants and the con-
struction of a covered,
unenclosed shelter and a garage.
Southwest of Stevens Drive ex-
tended, immediately east of the
Iowa River and south of Sand
Lake.
7.33 acres.
Building contractor facility and
cementitious concrete batch
plant; CI -1.
North - Sand Lake; CI -1
East - Undeveloped; CI -1.
South - Undeveloped; CI -1.
West - Iowa River.
Intensive Commercial.
July 29, 1987.
September 14, 1987.
The site is served by two private
wells and a private sewage dis-
posal system.
/23
Public services:
Transportation:
Physical characteristics:
ANALYSIS
Police and fire protection are
available. A private hauler
provides solid waste disposal.
The site is accessible via an
existing access road from the
southern terminus of Stevens
Drive.
The topography of the site is
flat to gently sloping.
The applicant is requesting approval of a preliminary Large Scale Non -Resi-
dential Development (LSNRD) plan to permit expansion of an existing office
building, enclosure of two existing cementitious concrete batch/mix plants,
construction of a covered, unenclosed structure to shelter construction
materials and/or equipment and construction of a four -car garage. Provided
the final plans for this development do not deviate from the parameters of
the preliminary plan, the LSNRD regulations permit administrative approval of
the final plans for these proposed improvements and expansions to the exist-
ing facility.
The applicant, a paving contractor, uses the existing facility as a building
contractor yard and a cementitious concrete batch plant. The proposed enclo-
sure of the two existing cementitious concrete batch/mix plants, each 3,008
square feet in area, are intended to provide weather protection for the
existing machinery and improved dust control on the site. A new 1,344 square
foot, four -car garage will be attached to the proposed 2,556 square foot
office addition. The 1,664 square foot covered "shelter" proposed within the
southeast corner of the tract will be unenclosed and is intended to protect
construction materials and/or equipment. To date, a letter outlining a
tentative time schedule for implementation of the proposed improvements or
expansions has not been submitted by the applicant.
Dimensional Requirements
The proposed development complies with the dimensional requirements of the
CI -1, Intensive Commercial, zone.
Parking Requirements
According to Section 36-58(a)(3)a of the Zoning Ordinance, the sum total of
off-street parking spaces required for contractor and construction establish-
ments and yards is determined on the basis of the parking spaces required for
each individual use on the site. Although parking is feasible on the prop-
erty, the surface of the site is not hard surfaced; it is, therefore, not
possible to distinguish required parking spaces. Parking does occur, how-
ever, in the vicinity of the existing office, and mixer and dump trucks park
in the area in the south central portion of the tract noted on the LSNRD
plan.
M&
a
The Zoning Code Interpretation Panel, in an attached decision, dated
August 4, 1987, opined that "[p]arking spaces are required with the estab-
lishment or enlargement of a use; since the cementitious concrete batch/mix
plant is not being enlarged, no additional parking spaces are required [for
that use]." Similarly, because the maintenance shop use is not being enlarged
by the proposed improvements, no additional parking space is needed for that
use.
Because the proposed shelter, office addition and four -car garage represent
an enlargement of less than 50 percent of the floor area of structures on the
site devoted to the contractor and construction yard use, Section 36-58(b)(2)
specifies that only the additions or enlargements need comply with the off-
street parking requirements of the Ordinance. The proposed shelter will be
used to warehouse construction materials and/or equipment. Warehouses with a
gross floor area of up to 25,000 square feet must provide one (1) parking
space for each 1,000 square feet to a maximum of five (5) spaces. With a
gross floor area of 1,664 square feet, two parking spaces must be provided
for the shelter. Offices are required by the Ordinance to provide parking at
a rate of one (1) parking space for each 200 square feet of floor area.
Thirteen parking spaces must, therefore, be provided for the 2,556 square
foot office addition.
A total of 15 parking spaces which comply with the construction, design and
location requirements of Section 36-58(c) of the Zoning Ordinance, then, must
be provided as a result of the expansions proposed for this facility. The
chart shown on the LSNRD plan that illustrates the parking requirements of
this use should be amended to be consistent with this analysis.
The plan shows provisions for 18 spaces which are located on a permanent,
dust -free surface. However, four spaces are located behind vehicles parked
within the proposed garage. Within commercial zones, "[p]arking spaces must
be designed to permit ingress and egress of the vehicle without moving any
other vehicle occupying a parking space" [Section 36-58(c)(2)e]. The plan
must, therefore, be amended to assure that ingress and egress of a vehicle
will not be hindered by the presence of another vehicle. The plan should
also show that parking spaces along lot lines shall be provided with car
stops or curbing to prevent the extension of a vehicle beyond the lot line.
All of the dimensions of the parking spaces should also be noted on the plan.
Because the floor area of warehouse use on the site is less than 10,000
square feet, no off-street loading spaces are required of this use.
Tree Regulations
The only frontage this tract has on a street right-of-way occurs at the
interface of the existing private access road with the southern terminus of
Stevens Drive. With a frontage of 39 feet, the Ordinance requires that
either one large tree or one small tree be planted adjacent to the Stevens
Drive right-of-way. However, since this frontage is used by construction
vehicles accessing the site, insufficient area is available along this front-
age to permit a tree planted adjacent to the right-of-way to thrive. No
right-of-way trees are, therefore, required for this use.
/493
Whenever the total number of parking spaces required or provided on a lot
exceeds 18 parking spaces, the requirements of Section 36-73(b) regulating
TFe piacement of trees on private property for parking areas are applicable.
Because only 18 spaces are proposed for this facility, the provisions of this
Section of the Ordinance do not apply to this proposal.
Performance Requirements
The plan should note that the open storage of materials and equipment on the
site will comply with the storage requirements of Section 36-76(i) of the
performance requirements of the Zoning Ordinance. Where a lot occupied by a
commercial use abuts a recreational area, including the Iowa River, screening
must be preserved, planted, constructed and maintained by the owner of the
commercial use in accordance with Section 36-76(j) of the Ordinance. The
western boundary of the property is presently screened from view of the river
by a dense growth of natural vegetation. In addition, the subject site is at
a subsequently higher elevation than the Iowa River. In accordance with
Section 36-76(j)(4)b, then, the Building Official has waived the screening
requirements since the view of this facility from the river is blocked by a
change in grade.
Stormwater Management
Due to the composition of the soil on the
phy of the tract allows surface water to
provisions for stormwater management must
Provisions for Street Extension
site and the fact that the topogra-
drain directly to the Iowa River, no
be reflected on the plan.
The approved preliminary plat for Kennedy's Waterfront Addition, Part Two, a
five -lot commercial subdivision located east of the subject tract, makes
tentative provisions for the extension of Southgate Avenue westerly from
Waterfront Drive to the boundaries of the Metro Pavers tract. The proposed
alignment would intersect with the north -south leg of the private access
drive that is imnediately north of the parking area proposed on the Metro
Pavers LSNRD plan.
In order to allow for the future extension of Southgate Avenue to the tract
immediately west of the access drive and east of Sand Lake, the LSNRD plan
should note that this north -south leg of the access drive will be reserved
for the future dedication of a portion of this part of the private access
drive to allow the continuation of Southgate Avenue to the west. A document
for the future dedication of this right-of-way will be required prior to
administrative approval of the final plan.
Utilities
This development is served by a private sewage disposal system and a private
water supply. The locations of the septic system and the two wells on the
site should be noted on the plan. The City Fire Department will provide fire
protection services to the site but the plan shows no provisions for water
sources needed by the Fire Department for firefighting purposes. Either the
municipal water supply system should be extended to the site and hydrants
placed on the tract or a water reservoir should be provided on the site to
AR3
4'
0
5
enable the Fire Department to effectively provide services to this facility.
The fire protection measure selected by the applicant should be approved by
the Fire Department and noted on the LSNRD plan.
Economic Impact
The improvements proposed on the Metro Pavers, Inc. LSNRD plan are estimated
to cost $300,000. The assessed value of the facility is, therefore, expected
to increase by the same amount. At a current City levy of $11.54919/$1,000
of assessed valuation, the City would generate $3,464.76 in taxes as a result
of the proposed expansions and improvements. In addition, the improvements
shown do not require a commitment of public funds or services beyond the
services already available to the facility. Expansion of the office space
will allow the owner to hire an additional permanent, full-time clerical
staff member.
STAFF RECOMMENDATION
Staff recommends that consideration of the preliminary LSNRD plan for Metro
Pavers, Inc. be deferred but that upon resolution of the deficiencies and
discrepancies listed below, the plan be approved.
DEFICIENCIES AND DISCREPANCIES
1. A letter outlining a tentative time schedule for development should be
submitted by the applicant.
2. The parking requirements noted on the plan should be amended to reflect
consistency with the parking regulations of the Zoning Ordinance.
3. Accommodations made for off-street parking should be amended as follows:
a. The parking plan should be redesigned to prevent one parking space
from being located behind another parking space.
b. The plan should show that parking spaces along lot lines shall be
provided with car stops or curbing to prevent the extension of a
vehicle beyond the lot line.
c. Dimensions of the parking areas must be noted on the plan.
4. The plan should note that the open storage of materials and equipment on
the site will comply with the storage requirements of the performance
regulations of the Zoning Ordinance.
5. The plan should be amended to note that a portion of the private access
drive will be reserved for the future dedication of this part of the
drive to allow the continuation of Southgate Avenue to the west.
6. The locations of the septic system and the two wells serving the site
should be shown on the plan.
7. Approval of a water source selected for firefighting purposes should be
obtained from the City Fire Department. The location of this water
supply should be noted on the plan.
V
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ATTACHMENTS
1. Location map.
2. Zoning Code Interpretation Panel Opinion - August 4, 1987.
ACCOMPANIMENT
1. Preliminary LSNRD Plan for Metro Pavers, Inc.
i
Approved by:
Do a c meiser, Director
Department of Planning
and Program Development
/07,9
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LOCATION MAP
SE -8716
METRO PAVERS
1722 Stevens Drive
/do? 3
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City of Iowa City
MEM R�TUM
Sate: August 4, 1987 PLUG 101987 A
�� DO�To: File MARIAN K. KARR
CITY CLERK (3)
From: Zoning Code Interpretation Panel
Re: Expansion of a Use Requiring a Special Exception and Permanent Oust -
Free Surfacing
On July 24, 1987, the Zoning Code Interpretation Panel reviewed requests
submitted in a letter from Mr. Larry Schnittjer for interpretations to the
Zoning Ordinance. Two requests (see attached letter) pertain to proposed
improvements to property owned by Metro Pavers, Inc., a paving contractor.
Specifically, two buildings to enclose existing concrete batch plants are
planned.
In conjunction with these improvements the first question posed to
cementitious concrete batch/mix plant,' the Panel
was: "(s)ince Metro Pavers is a paving contractor and the site is used as a
'building contractor facilities, yard and pre -assembly yards,' does the
which is part of the 'pre -assembly
process,' require a special (exception) application?" The Panel's interpre-
tation in response to this question is: Since no enlargement of the existing
Scementitous concrete batch/mix plant is proposed, no special exception is
egquired. Following is presented the Panel's justification for its conclu-
A cementitious concrete batch/mix plant is a use permitted in the Intensive
Commercial (CI -1) Zone subject to its authorization by the Board of Adjust-
tonthesadop iionaof specexception.
l exception requirements,plat
itniswasconformingeuusprior
.
However, according to Section 36-3(g), "(n)o use which is permitted as a
as special exception under this Chapter shall be established or enlarged except
partermitted defined by
as the increase oard of in- them volume ofthugh an elaemnt i,aobuildingnorrgtheeareasofea
building, a special exception is not required unless the use is expanded.
According to the attached letter"the use is not intended to be expanded..."
i
Therefore, no special exception s required.
Mr. Schnittjer's next question to the Panel was: "(w)hat, if any, parking
requirements will be required for these enclosures?" The Panel's opinion is:
Parking spaces are required with the establishmentor use;
enlargement of a u
since the existing cementitious concrete batch/mix
larged, no additional parking spaces are required. plant is not being se;
en -
A final question to the Panel, unrelated to the proposed improvements to the
Property owned by Metro Pavers, Inc., is whether the use of chip -seal consti-
tutes a "permanent dust -free" surface as required by the Zoning Ordinance for
parking areas. The Panel's conclusion is: chip -seal is not a permanent
dust -free surface. .The basis for this conclusion is presented as follows.
,A 13
p
The construction process for chip -seal is described in the attached letter.
As Mr. Schnittjer indicates, the finished surface is approximately one-half
inch thick, the durability of which "depends an the stability of the crushed
stone base and the amount of heavy vehicle traffic."
The Zoning Ordinance describes a parking area as "an asphalt, concrete or
similar dust -free surface." Since chip -seal is not asphalt or concrete, the
question is whether it is similar to asphalt or concrete.
Asphalt and concrete, particularly Portland Cement, are by far the most
prevalent surfacing materials used for parking areas. While in all instances
the stability of the subgrade is important, asphalt and concrete, unlike
chip -seal, are much more resilient; the materials do not separate as does
chip -seal when subjected to stress.
In the construction process for chip -seal surfacing, crushed rock is spread
over asphaltic material which is sprayed over a base primer of the same
material. The rock is imbedded in the material with a roller. Excess rock,
which is not imbedded in the material, is not dust -free and even if the
excess rock is removed at the time of construction, the constant turning
movements in a parking area result in loose particles which are not dust -
free. For these reasons, it is the Panel's interpretation that chip -seal is
not similar to asphalt or concrete surfacing.
/sp
A23
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Karin Franklin, Sr. Planner r n
City of Iowa City 1��JjL", 0
Department of Planning & Program Development
410 E. Washington StreetZ 2198
Iowa City, Iowa 52240
Re: Request for Zoning code Interpretation MARIAN K. KARR
CITY CLERK (3)
Dear Karin:
Following are two issues I would appreciate having the Z.Z.P.
review and clarify:
Metro Pavers intend to construct two buildings to enclose
Portland Cement Concrete Batch Plants on their existing CI -1
zoned property.
Questions:
A) Since Metro Pavers is a paving contractor and the site is
used as a "Building contractor facilities, yards and pre -
assembly yards", does the "cementitious concrete
batch/mix plant", which is part of the "preassembly
process", require a special exemption application? The
use is in oiace, and the use is not intended to be
expanded beyond the two facilities currently established,
at this time. The proposed buildings are intended to
provide weather protection and improved dust control for
the existing machinery?
B) What, if any, parking requirements will be required for
these enclosures?
2. The use of chip -seal, asphaltic material, for parking areas
in Iowa City requiring "permanent dust free surfacing".
Comments:
This process/material is currently an approved surfacing for
rural subdivision roads, where a ''permanent dust free"
surface is required by the City of Iowa City, and the City
uses the process for maintenance of various streets.
However, I have been informed by the Building Department
that chip -seal is not acceptable for marking areas in Iowa
City.
,023
MMS CONSULTANTS INC.
A00,t0.Mlckel.cn
L.S.
465 IOWA HIGHWAY N2 1 WEST .IOWA CITY •IOWA 52240-3195
Larry a Jtiler
Cbumpnarer M. SI<pban
L.A.
p. E.
319.351. 8282
Las J. Tlppe
P.E.
Dean E. BenneM
L.S.
July 21, 1987
Karin Franklin, Sr. Planner r n
City of Iowa City 1��JjL", 0
Department of Planning & Program Development
410 E. Washington StreetZ 2198
Iowa City, Iowa 52240
Re: Request for Zoning code Interpretation MARIAN K. KARR
CITY CLERK (3)
Dear Karin:
Following are two issues I would appreciate having the Z.Z.P.
review and clarify:
Metro Pavers intend to construct two buildings to enclose
Portland Cement Concrete Batch Plants on their existing CI -1
zoned property.
Questions:
A) Since Metro Pavers is a paving contractor and the site is
used as a "Building contractor facilities, yards and pre -
assembly yards", does the "cementitious concrete
batch/mix plant", which is part of the "preassembly
process", require a special exemption application? The
use is in oiace, and the use is not intended to be
expanded beyond the two facilities currently established,
at this time. The proposed buildings are intended to
provide weather protection and improved dust control for
the existing machinery?
B) What, if any, parking requirements will be required for
these enclosures?
2. The use of chip -seal, asphaltic material, for parking areas
in Iowa City requiring "permanent dust free surfacing".
Comments:
This process/material is currently an approved surfacing for
rural subdivision roads, where a ''permanent dust free"
surface is required by the City of Iowa City, and the City
uses the process for maintenance of various streets.
However, I have been informed by the Building Department
that chip -seal is not acceptable for marking areas in Iowa
City.
,023
M
M
Page 2
Karin Franklin
The construction process for chip -seal surfacing is as
follows..
I. Placement of a stone base
2. The stone base is then sprayed with a heavy hot
asphaltic material referred to as a primer.
3. The area is then sprayed with hot asphaltic material.
4. Crushed rock chips are then evenly spread over the
asphalt and rolled to imbed the rock into the asphaltic
material.
5. Excess rock, which has not been imbedded, is removed.
6. Steps 3, 4 and 5 are repeated.
The e rocess
ovies an
1/2 inch ainvthickness.pr2heddurabilityaofitheusurfacefdepends iontthe
stability of the crushed stone base, and
trafficthe amount of heavy vehicle
. In light vehicle traffic areas, the chin -seal surface can
be anticipated to need re -treatment about every three to five years.
LRS/dlb
Respectfully Submitted,
MMS CONSULT TS, INC.
ehniSLarr�er
C°a�I
J U L 2 21987
MARIAN K. KARR
CITY CLERK (3)
RESOLUTION NO. 88-18
RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA STATE DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM
SUPPLEMENTAL FUNDING.
WHEREAS, the State of Iowa has created the Iowa Emergency Shelter Grants
Program which utilizes U.S. Department of Housing and Urban Development
funding for the purpose of providing shelter services for homeless people in
Iowa; and
WHEREAS, the City of Iowa City deems it in the public interest to support
services for homeless people in Iowa City; and
WHEREAS, the Iowa State Department of Economic Development has agreed to make
Iowa Emergency Shelter Grants Program supplemental funding available to the
City of Iowa City for the support of the Domestic Violence Shelter, and the
Emergency Housing Shelter.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
1. That the Agreement for Iowa Emergency Shelter Grants Program supplemental
funding attached hereto, and made a part hereof, is hereby approved as to
form and content;
2. That the Mayor is hereby authorized to execute and the City Clerk to
attest the said Agreement for Iowa Emergency Grants Program funding.
It was moved byCo, and seconded by Strnit the
Resolution be adopted, and upon rol call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
_ COURTNEY
DICKSON
HOROWITZ
X LARSON
MCDONALD
STRAIT
Passed and approved this 26th day of January 1988.
MAYO
ATTEST: %
L K
lteeatrod a Aprifoved
�Y The Ieu.;I I!_p,r; rtnl
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Issuing Agency:
Department of Economic Development
Grantee:
Iowa City, Iowa
Fiscal Summary Federal
Amount: $40,000
Contract Title:
Iowa Emergency Shelter Grants Program
Contract Number:
87 -ES -514
Grantee Total
$40,000 $80,000
Source Agency/Law: U.S. Department of Housing and Urban Development;
Homeless Housing Act of 1986
Type: Cost reimbursement
Effective Date: January 1, 1988
Submit requisitions to:
ESGP Financial Officer
Department of Economic Development
200 East Grand Ave.
Des Moines, IA 50309
Expiration Date
Issue payment to:
December 31, 1988
City of Iowa City
410 E. Washington
Iowa City, Iowa 52240
The Grantee agrees to perform all services set forth in the attached Special
Conditions, for the consideration stated herein. The rights and obligations of
the parties to this Contract shall be subject to and governed by the Special
Conditions and the General Conditions. To the extent of any inconsistency
between the Special Conditions or the General Conditions, and any specifications
or other conditions which are made a part of this Contract, by reference or
otherwise, the Special Conditions and the General Conditions shall control. To
the extent of any inconsistency between the Special Conditions and the General
Conditions, the Special Conditions shall control.
IN WITNESS THEREOF, the parties hereto have executed this Contract on the day
and year last specified below.
Grantee:
Iowa ity, Iowa�/
By:
John McDonald
Title: Mayor
Date: _ 1/26/88
lierxfrad r r.,:provr-
By 7h3 LeLp; G;p.,rimanf
Issuing Agency:
Depart ent of Econ is 11D��velopment
By',` zw^ Q J1141J
By:
Date:
NO
V
City of Iowa City
Contract No. 87 -ES -514
Page 42
SPECIAL CONDITIONS
Article 1.0 Identification of Parties. This contract is entered into by and
between the Department o conomic Development, (hereafter referred to as
Planning Agency) and the City of Iowa City (hereafter referred to as Grantee).
Article 2.0 Statement of Purpose
WHEREAS, Iowa's cities need to improve the quality of existing emergency
shelters for the homeless; and
WHEREAS, the Emergency Shelter Grants Program has been created by Congress
to lessen this problem; and
WHEREAS, the Planning Agency has been designated to administer the
Emergency Shelter Grants Program in Iowa; and
WHEREAS, the Grantee has the necessary ability to develop and carry out
emergency shelter activities, and has been approved for funding;
THEREFORE, the parties hereto do agree as follows:
Article 3.0 Area Covered. The Grantee shall perform all the work and services
required under this Contract in relation to providing emergency shelter
assistance to: the Domestic Violence Project and the Emergency Housing Project.
Article 4.0 Statement of Work and Services. The Grantee shall perform in a
satisfactory 5Tproper, manner, as etd a ned by the Planning Agency, the work
activities and services as written and described in the approved grant proposal
as summarized in the Grantee's approved 1987 Emergency Shelter Grants Program
Schedule. This Program Schedule is hereby made a part of this Contract by
reference.
Article 5.0 Reports and Products
reports:
Report
Quarterly Performance Report
Monthly Status of Funds Report
Final Performance/Funds Report
Audit Report
The Grantee shall submit the following
Due Date
10th of the month following the end
of each Contract quarter (original
and one copy)
10th of every month after initial draw,
whether or not requesting funds (original
and three copies)
Within 30 days of Contract Completion
In accordance with Single Audit Act
of 1984
City of Iowa City
Contract No. 87 -ES -514
Page =,3
The Planning Agency reserves the right to require more frequent submission of
the reports than as shown above if, in the opinion of the Planning Agency, more
frequent submissions would help improve Grantee's Emergency Shelter Grants
Program.
Article 6.0 Designation of Officials.
6.1 Planning Agency - The Director of the Department of Economic
Development, or his designee, is the Planning Agency official
authorized to execute or negotiate any changes in the terms,
conditions, or amounts specified in this Contract.
6.2 Grantee - The Mayor is the Grantee official authorized to execute any
changes in the terms, conditions, or amounts specified in this
Contract. The Human Services Coordinator is designated to negotiate,
on behalf of the Grantee, any changes to this Contract.
Article 7.0 Time of Performance. The services of the Grantee are to commence
as of the lst--Jay Of anuary, 88 and shall be undertaken in such sequence as
to assure their expeditious completion. All of the services required hereunder
shall be completed on or before December 31, 1988.
Article 8.0 Additional Special Conditions.
8.1 Audit Re uirements. Grantee audits shall be conducted in accordance
with the Singe Audit Act of 1984, P.L. 98-502 as implemented by OMB
Circular Number A-128 and the GAO publication "Standards for Audit of
Governmental Organizations, Programs, Activities and Functions."
8.2 Performance of Conditions Precedent. The Grantee certifies that it
as satisfied all conditions precedent to the award of the Contract.
8.3 Com liance with Environmental Re uirements. Funds shall not be
re ease under t is ontract unti t e Grantee has satisfied the
environmental requirements set forth in 24 CFR Part 575, "Emergency
Shelter Grants Program".
8.4 Administration. The Contract shall be administered in accordance with
Chapter 2 a Administrative Code and all applicable State and
Federal law and regulations.
8.5 Local Effort Requirements.
8.5.1 Cash. The Grantee agrees to provide local cash contribution
to the Project as defined in Article 10.0 and the Program
Schedule. The Grantee shall provide local cash contribution
in one of two ways; a) In the same federal to local funds
ratio as shown in Article 10.0, Project Budget; or b) In the
ratio of 50% federal and 50% local funds. Whichever of the
two ratios is chosen, it must be maintained on a monthly
basis, until all federal funds are fully expended or until
the project is completed. Expenditures above this level,
necessary to complete the statement of work and services,
M
NO
City of Iowa City
Contract No. 87 -ES -514
Page =4
shall be paid with local funds. Quarterly reports of the
local funds expended shall be included in the quarterly
performance reports required under Article 5.0.
8.5.2 In-kind. If the Grantee has agreed to provide in-kind
contributions as a part of the approved grant proposal, then
said in-kind contributions shall be as shown in the approved
grant proposal and summarized as part of the Program
Schedule.
8.6 Prior Costs. If the Grantee has received written approval from the
P anning gency to incur certain costs prior to the effective date of
this Contract, then said written approval and the terms and conditions
therein are incorporated herein and made a part of this Contract by
this reference as if fully set forth. Any such costs incurred prior
to the effective date of this Contract are subject to the Special
Conditions and General Conditions of this Contract.
8.7 Failure to Achieve Performance Tar ets. In the event that the Grantee
Toes not ac leve t e per ormance targets specified in the Program
Schedule, then federal funds awarded will be subject to disallowance.
The maximum percentage of federal funds which may be disallowed due to
failure to achieve performance targets will be equal to the percentage
of the performance targets not achieved.
Article 9.0 Conditions of Payment
9.1 Max!mum Pavments. It is expressly understood and agreed that the
maximum amounts to be paid to the Grantee by the Planning Agency for
any item of work or service shall conform to the budget under Article
10.0 subject to Section 4.0 herein. It is further understood and
agreed that the total of all payments to the Grantee by the Planning
Agency for all work and services required under this Contract shall
not exceed forty thousand dollars ($40,000) unless modified by written
amendment of this Contract as provided in Section 1.0 of the General
Conditions.
9.2 Requisition for Payment, All payments to the Grantee shall be subject
to the receipt by the Planning Agency of a requisition for payment.
The requisition shall be made according to the format specified by the
Planning Agency and accepted by the Agency not more often than once
per month as required in Article 5.0. Such requisition will clearly
identify program funds on hand, total expenditure and match to date,
and any amount classified as advance per 24 CFR 575.63. Any cash
draws requested shall be expended within 30 calendar days of receipt,
or shall be returned to the Planning Agency immediately in accordance
with the requirements of 24 CFR 575.63. The Planning Agency reserves
the right to withhold funds until it has reviewed and approved all
material, such as permits or licenses from other state or federal
agencies, which may be required prior to project commencement.
9.3 Receipt of Federal Funds. All payments hereunder shall be subject to
the receipt of federa grant funds by the Planning Agency. The
.r
'rV"
City of Iowa City
Contract No. 87 -ES -514
Page R5
termination, reduction,
or delay of federal
grant funds to
the
Planning Agency shall,
at the option of the
Planning Agency,
be
reflected in a corresponding
modification to
the conditions
of this
Contract.
Article 10.0 Project Budget
ESGP
GRANTEE
TOTAL
Act. 1 -
Renovation/Rehabilitation
$12,600
-
$12,600
Act. 2 -
Essential Services
$ 6,000
-
S 6,000
Act. 3 -
M,O,I,U, and F.
$21,400
$40,000
$61,400
Act. 4 -
Other
TOTALS
$40,000
$40,000
$80,000
P
NO
City of Iowa City
Contract No. 87 -ES -514
GENERAL CONDITIONS
IOWA EMERGENCY SHELTER GRANTS PROGRAM
Section 1.0 Amendment of this Document
The Planning Agency or the Grantee may, during the duration of this
Contract, deem it necessary to make alterations to the provisions of this
Contract. Any changes to the Special and/or General Conditions of this
Contract, which are approved by the Planning Agency, shall be incorporated
herein. The provisions of the amendment shall be in effect as of the date of
the amendment unless otherwise specified within the amendment. A waiver of any
condition of this contract must be in writingfrom the duly authorized official
of the Planning Agency specified in Article 6.1 of the Special Conditions.
Section 2.0 Patent and Copyright
No material or product produced in whole or in part under this Contract
shall be subject to patent or copyright by the Grantee in the United States or
in any other country.
Section 3.0 Accounts and Records
3.1 Accounts - The Grantee shall maintain books, records, documents, and
other evidence pertaining to all costs and expenses incurred and revenues
received under this Contract to the extent and in such detail as will properly
reflect all costs, direct and indirect, of labor, materials, equipment,
supplies, services, and other costs and expenses of whatever nature, for which
payment is claimed under this Contract, as specified in Chapter 24.12, Iowa
Administrative Code and OMB Circular A-102.
3.2 Audit and Inspection - At any time during normal business hours and as
frequently as is deemed necessary, the Grantee shall make available to the
Planning Agency, the State Auditor, the General Accounting Office, and the
Department of Housing and Urban Development, for their examination, all of its
records pertaining to all matters covered by this Contract and permit these
agencies to audit, examine, make excerpts or transcripts from such records,
contract, invoices, payrolls, personnel records, conditions of employment, and
all other matters covered by this Contract.
3.3 Audit Policy - Audits shall be performed in accordance with the Single
Audit Act of 1984, P.L. 98-502 as implemented by OMB Circular Number A-128 and
the GAO publication "Standards for Audit of Governmental Organizations,
Programs, Activities and Functions".
3.4 Retention of Records - All records in the possession of the Grantee
pertaining to this Contract shall be retained by the Grantee for a period of
three (3) years beginning with the date upon which the final payment under this
Contract is issued. All records shall be retained beyond the three year period
if audit findings have not been resolved within that period. Records for
non -expendable property acquired under this Contract shall be retained for a
three (3) year period after the final disposition of property. Additional
records shall be retained in accordance with Chapter 24, Iowa Administrative
Code.
M
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Section 4.0 Allowable Costs
4.1 Allowable costs are specified under the approved budget presented in
the Special Conditions of this Contract. Allowable costs in contracts with
state and local government are subject to audit under the principles defined in
OMB Circulars A-87 and A-102 where all or any part of contract funds are
obtained from the federal government. Allowable costs in contracts with private
nonprofit organizations are subject to audit under the principles defined in OMB
Circulars A-110 and A-122 where all or any part of contract funds are obtained
from the federal government.
4.2 Budget Revisions - Budget revisions which will result in changes of
budgeted line -item amounts in excess of 10% shall be subject to approval of the
Planning Agency through formal amendment to this Contract. The Planning Agency
will require an amendment for a budget line -item decrease when the revision
would lower the Grantee's performance targets, as described in the Program
Schedule in the Contract. In no instance shall a budget revision result in
total costs exceeding the total contract amount, unless otherwise provided
through amendment to this Contract. Budget revisions shall be compatible with
the Contract statement of work and services and of such nature as to qualify as
an allowable cost. Budget revision amendments requested during the final 90
days of the Contract period will be approved only if the Planning Agency
determines that such revisions are necessary to complete the Contract work
activities.
Section 5.0 Suspension and Termination of Contract
5.1 Suspension - If the Grantee fails to comply with the special condi-
tions and/or the general terms and conditions of this Contract, the Planning
Agency may, after notice to the Grantee, suspend the Contract and withhold
further payments or prohibit the Grantee from incurring additional obligations
of Contract funds, pending corrective action by the Grantee or a decision to
terminate in accordance with provisions 5.2 or 5.3 hereof. The Planning Agency
may determine to allow such necessary and proper costs which the Grantee could
not reasonably avoid during the period of suspension provided such costs meet
the provisions of HUD regulations issued pursuant to Office of Management and
Budget Circular No. A-87.
5.2 Termination for Cause - The Planning Agency may terminate this
Contract in whole, or in part, at any time before the date of completion,
whenever it is determined that the Grantee has failed to comply with the
conditions of the Contract. The Planning Agency shall promptly notify the
Grantee in writing of the determination and the reasons for the termination,
together with the effective date. Payments made to Grantee or recoveries by the
Planning Agency under Contracts terminated for cause shall be in accord with the
legal rights and liabilities of the parties. Payments and recoveries may
include, but are not limited to the following: Payments will be allowed for
costs determined to be in compliance with this Contract up to the date of
termination, based on accepted close-outs and audits. The Grantee shall return
to the Planning Agency all unencumbered funds within one week of notice of
termination. Further, any costs previously paid by the Planning Agency which
are subsequently determined to be unallowable through audit and close-out
procedures, shall be returned to the Planning Agency within thirty (30) days of
such determination.
.F
NO
5.3 Termination for Convenience - The Planning Agency or Grantee may
terminate Contracts in whole, or in part, when both parties agree that the
continuation of the project would not produce beneficial results commensurate
with the future expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Grantee shall not incur new
obligations for the terminated portion after the effective date, and shall
cancel as many outstanding obligations as possible. The Planning Agency shall
allow full credit to the Grantee for the Planning Agency share of the
noncancellable obligations, properly incurred by the Grantee prior to
termination.
5.4 Rights in Incompleted Products - In the event the Contract is
terminated, all finished or unfinished documents, data, reports or other
material prepared by the Grantee under this Contract shall, at the option of the
Planning Agency, become its property, and the Grantee shall be entitled to
receive just and equitable compensation for any satisfactory work completed on
such documents and other materials.
Section 6.0 Civil Rights Provisions
The grantee shall be responsible for and adhere to the requirements of:
6.1 The requirements of Title VIII of the Civil Rights Act of 1968, 42
U.S.C. 3601-19 and implementing regulations; Executive Order 11063 and
implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2002d-1) and implementing regulations issued at 24 CFR
Part 1.
6.2 The prohibitions against discrimination on the basis of age under the
Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and the prohibitions against
discrimination against handicapped individuals under section ohi of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
6.3 The requirements of Executive Order 11246 and the regulations issued
under the Order at 41 CFR Chapter 60.
6.4 The requirements of section 3 of the Housing and Urban Development Act
of 1968, 12 U.S.C. 1701u.
6.5 The requirements of Executive Orders 11625, 12432, and 12138.
Consistent with responsibilities under these Orders, the grantee must make
efforts to encourage the use of minority and women's business enterprises in
connection with activities funded under this part.
6.6 Noncompliance with the Civil Rights Laws - In the event of the
Grantee's noncompliance with the nondiscrimination clauses of this contract or
with any of the aforesaid rules, regulations, or requests, this contract may be
canceled, terminated, or suspended either wholly or in part. In addition, the
State of Iowa may take further action, imposing other sanctions and invoking
additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter
601A, Code of Iowa, 1987) or as otherwise provided by law.
rdQ
6.7 The Grantee will include the provisions of Sections 6.1 through 6.5 in
every subcontract unless exempt by the State of Iowa, and said provisions will
be binding on each subcontractor. The Grantee will take such action with
respect to any subcontract as the
enforcing such provisions includinState of Iowa may direct as a means of
the Grantee becomes involved in or g sanctions for noncompliance. In the event
is threatened by litigation with a
subcontractor or vendor as a result
Grantee may request the State Iowa. of such direction by the State of Iowa, the
the interests of the State of oIowa to enter into such litigation to protect
Section 7.0 Interest of Planninq A encv, Grantee, Officials and Others
7.1 Planning Agency - No officer, member, or employee of the Planning
Agency and no members of its governing body, and no other public official of the
governing body of the locality or localities in which the project is situated or
being carried out who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of this project, shall
participate in any decisions relating to this Contract which affect his personal
interest or the interest of any corporation, partnership, or association in
which he is directly or indirectly interested or have any personal or financial
interest, direct or indirect, in this Contract or the proceeds thereof.
7.2 Grantee - The Grantee covenants that no official, employee, or agent
of the Grantee presently has any personal or financial interest and shall not
acquire any such interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required to be performed under
this Contract. The Grantee further covenants that in the performance of this
Contract no person having any such personal or financial interest shall be
employed.
7.3 Conflicts of Interest - Chapter 68B, Code of Iowa, 1987, the "Iowa
e}� 6rantee, its official
Public Officials Act", shall be adhered to by ts and
employees. In addition, the specific requirements of 24 CFR 575.59(e)
apply. do herein
7.4 Political Activity - No portion of program funds shall be used for any
partisan political activity or to further the election or defeat of any
candidate for public office. Neither the program nor the funds provided
therefore, nor the personnel employed in the administration of this Contract,
shall be in any way or to any extent, engaged in the conduct of political
activities in contravention of The Hatch Act (5 USC Chapter 15).
7.5 Bonus or Commission - No payment of any bonus or commission shall be
made for the purpose of obtaining State approval of the application for such
assistance, or State approval of a
other approval or concurrence of tpplications for additional assistance, or any
he State required under this Contract, Title I
re the Housing and Community Development Act of 1974 as amended, or HUD
reasonable fees for bona fide tech
regulations or State rules with respect herewith; provided, however, that
services, other than actual solicinical, consultant, managerial or other such
tation, are not hereby prohibited if otherwise
eligible as program costs.
Section 8.0 Assignment of Interest
Neither this Contract or any financial interest therein nor claim there-
under shall be assigned or transferred by the Grantee to any other party or
parties.
Section 9.0 Personnel
9.1 Selection - The Grantee represents that he has, or will secure, all
personnel required in performing the work and services under this Contract.
Such personnel shall not be employees of or have any contractual relationship
with the Planning Agency.
9.2 Qualification - All of the work and services required hereunder will
be performed by the Grantee or under his supervision and all personnel engaged
in the work shall be fully qualified and shall be authorized under state and
local law to perform such services.
Section 10.0 Environmental and Flood Insurance Requirements
10.1 The Grantee shall comply with the environmental requirements
contained in 24 CFR 575, and related and necessary flood insurance provisions as
may be required under 24 CFR 575.59(g).
Section 11.0 Contractors and Subrecipients Limited
Project funds shall not be used directly or indirectly to employ, award
contracts to, or otherwise engage the services of, or fund any contractor or
subrecipient during any period of debarment, suspension or placement in ineligi-
bility status by the Department of Housing and Urban Development pursuant to the
provisions of 24 CFR Part 24, or pursuant to any applicable law or regulations
of the Department of Labor.
Section 12.0 Lead -Based Paint
The construction or rehabilitation of residential structures with assist-
ance provided under this Contract is subject to the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations
contained in 24 CFR Part 35.
Section 13.0 Contract Coverage
This instrument, and any referenced attachments hereto or documents
referred to herein, contains the entire agreement between the parties and any
statements, inducements or promises not contained herein shall not be binding
upon said parties. This Contract shall be binding upon the successors in office
of the respective parties.
If any of the provisions herein shall be in conflict with the laws of the
State of Iowa, or shall be declared to be invalid by any court of record of this
state, such invalidity shall be construed to affect only such portions as are
declared invalid or in conflict with the law and such remaining portion or
portions of the agreement shall remain in effect and shall be construed as if
such invalid or conflicting portion of such agreement were not contained herein.
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Section 14.0 Litigation
The Grantee agrees to pay the cost of any litigation arising from failure
of the Grantee to comply with the rules and regulations in this Contract or
resulting from the negligence or incompetence of the Grantee. In carrying out
the provisions of the Contract or in exercising any power or authority granted
to the Grantee thereby, there shall be no liability, personal or otherwise, upon
the Planning Agency, it being understood that in such matters the Planning
Agency acts for the State. Furthermore, the Grantee shall indemnify and save
harmless the State from suits, actions or claims of any character brought for or
on account of any injuries or damages received by any person or property
resulting from operations of the Grantee or any persons working under him,
carrying out the terms of this Contract.
Section 15.0 Resolution of Disagreement
In the event of any disagreement between the Grantee and the Planning
Agency relating to the technical competence of the work and services being
performed and its conformity to the requirements of this Contract, the decisions
of the Planning Agency shall prevail.
Section 16.0 Financial Obligation of the State of Iowa
The Parties hereto agree that the rules and regulations in the Emergency
Shelter Grants Program Contract between the State of Iowa and the Department of
Housing and Urban Development shall be and are hereby made a part of this
Contract. It is further agreed that the State of Iowa shall not, under any
circumstances, be obligated financially under this Contract, except to pay
according to the terms of this Contract.
IAJ^
REVISED
ATTACHMENT B - $40,000 COMBINED REQUEST
IOWA EMERGENCY SHELTER GRANTS PROGRAM(Supplemental) Applicant City of Iowa City
Ia. Dept. of Economic Development Address _410.E. Washington St .Iowa City, (A 522a0
200 E Grand Ave.
Des Moines, Iowa 50309 "Homeless Agency" Domestic Violence Proiect = DVP
- PROPOSED BUDGET SUMMARY - Emergency Housing Project = EHP
PROJECT DESCRIPTION
SPECIFIC PERFORMANCE
TARGETS
PROPOSED BUDGET
Activity 1: Renovation and Rehabilitation
ESGP
Applicant
Agency
Total
Improve ventilation & lighting of DVP
Renovate kitchens of DVP & EHP.
Repair electrical system at DVP.
p y
kitchen. Add counter space & cabinet
space of EHP kitchen. Repair electri-
12,600
12,600
Carpet needed areas at DVP.
cal fixtures & connectors at DVP. Re-
place/add carpet to hallway &Tiedrooms
Renovate basement heating system at ENP.
at DVP. Install radiant heat in EHP
basement.
Activity 2: Essential Services
Hire part-time staff (20 hours/week)
to assist clients during daytime hour,.61000
6,000
Hire day -time staff for EHP.
with referrals, housing arrangements,
and information.
Activity 3 : Maintenance, Operation, Insurance,
Pay gas & electric bills for DVP & EHP
Utilities, Furnishings — —
g
Jul.-Dec.,1988. Pay insurance premiurm
Gas & electric payments for DVP EHP for 6 mo.
for DVP & EHP. Pay water, sewage &
21,400
40,000
61,400
Insurance payments for DVP & EHP. Payment for
trash bills: DVP-1988. EHP-Jul.-Dec.,
water, sewage & trash removal for: DVP-12 mo.
1988. Pay for -UP paper products.
and EHP-6 mo. Pay for paper supplies for DVP.
For EHP purchase: table & chairs
Purchase furnishings & appliances for EHP.
couc es,cribs,dressers,chairs,fo{ding
Support operational services through volunteer
cots,beds,office desk & chair,file
hours (4,540 at DVP & 1,000 at EHP) and church
cabinet,wasner & dryer,stove and 3
Activity 4 : Other an m ay Eun ing --
(S12,3QD�aL FHV
re rigera ors. Support a aspects of
ongoing agency operations at DVP & EHP
N/A
N/A
N/A
N/A
N/A
N/A
PROGRAM TOTAL $80. ()Do
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4
REVISED AiTr.4"E'7- ' 140,000 COMBINED REQUEST
ESGP: Supplemental Appropriation Applicant City of Iowa City
la Dept. of Economic Development Address 410 E. Washington St.. Iowa City, IA 52240
DVP = Domestic Violence Project PROPOSED PROGRAM SCHEDULE -
EHP = Emergency Housing Project
/7V
Ist Qtr
2nd Qtr
3rd Qtr
4th Qtr
Activity 1: Rehabilitation
an
F
M
A I
M I
J
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AS
0
N
D
Milestones-DVP-
1. Take kitchen renovation bids.
X
2. Renovate kitchen.
X
X
3. Take bids to repair electrical system.
X
4. Repair electrical system
X
X
5. Take bids for carpeting.
X
6. Carpeting installed.
X
X
EHP- 7. Take kitchen renovation bids.
X
8. Renovate kitchen.
X
X
X
9. 10EAids to renovate basement heating
X
10. Renovate basement heating system.
11X1
X
Activity 2: Essential Services
Milestones- EHP -
1. Advertise position.
X
2. Hire person to fill position.
X
3. Provide 20 hours/week daytime staffing.
X
X
X
X
X
X
X
X
X
X
1,
5.
Activity 3: Maint, Opers.,lns., Utils., Furn's.
Milestones- Both DVP & EHP.
1. Payment of gas & electric bills.
X
X
X
X
X
X
2. Payment of insurance premiums.
X
X
X
X
3. Provision of operational services.
X
X
X
X
X
X
X
X
X
X
X
X
DVP-4. Payment for paper supplies.
X
X
X
X
5. Payment of water,sewage & trash removal.
X
X
X
X
X
X
EHP-6. Purchase furnishings.
X
X
7. Payment of water,sewage & trash removal.
X
X
X
8. Purchase appliances.
X
X
Activity 4: Other
M7estones-
1.
2.
3.
4.
5.
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LJanuary 26_ , 1988
The City Council of Iowa City, Iowa, met in regular,____
session, in the Council Chambers, Civic Center, 410 East
Washington, Iowa City, Iowa, at 7:30 o'clock P .M., on the
above date. There were present Mayor McDonald _
in
the chair, and the following named Council Members:
Courtney, Dickson, Horowitz,Larson, McDonald
Absent: Ambrisco
—1—
AlILE11S.09)..NP.). INIIIWEILP11.11.0]11:. M11111tr.11.1.IPT )
�11pB MI.B /.1 LAW O(6 ydFIB WY.L
a
LUrtDev __ __._ moved that the form of Tax Exemption
Certificate be placed on file and approved.
Dickson seconded the motion. The roll was called
and the vote was,
AYES: Courtney�Dickson {oEQwi-U. Ia son,_,
McDonald, Strait
ABSENT: Ambrisco
NAYS: Nnnp
Council Member Strait introduced the
following Resolution entitled "RESOLUTION AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF $1,260,000 GENERAL OBLIGATION
BONDS AND LEVYING A TAX TO PAY SAID BONDS" and moved that it be
adopted. Council Member Courtney seconded the
motion to adopt, and the roll being called thereon, the vote
was as follows:
AYES: McDonald, Strait, Courtney, Dickson,_
Horowitz, Larson
ABSENT: Ambrisco
NAYS:
Whereupon, the Mayor declared said Resolution duly adopted
as follows:
RES. 088-19
RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $1,260,000 GENERAL OBLIGATION BONDS
AND LEVYING A TAX TO PAY SAID BONDS
WHEREAS, the Issuer is duly incorporated, organized and
exists under and by virtue of the laws and Constitution of the
State of Iowa; and
WHEREAS, the Issuer' is in need of funds to pay costs of
purchase of equipment for municipal waterworks; and
construction, reconstruction and repair of street improvements,
an essential corporate purpose, and it is deemed necessary and
advisable that General Obligation Bonds in the amount of
$1,260,000 be issued for said purpose; and
WHEREAS, pursuant to notice published as required by
Section 389.25 of said Code, this Council has held a public
meeting and hearing upon the proposal to institute proceedings
-2-
AKERS, CWNEY. 1011\F.ILER. IUIMF.R MI&ALL0EC 1AL15
for the issuance of said Bonds, and the Council is therefore
now authorized to proceed with the issuance of said Bonds; and
WHEREAS, pursuant to the provisions of Chapter 75 of the
Code of Iowa, the above mentioned bonds were heretofore sold at
public sale and action should now be taken to issue said bonds
conforming to the terms and conditions of the best bid received
at the advertised public sale:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF IOWA CITY, 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) "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;
(c) "Bonds" shall mean $1,260,000 General Obligation
Bonds, authorized to be issued by this Resolution;
(d) "Project Fund" shall mean the fund required to be
established by this Resolution for the deposit of the
proceeds of the Bonds.
(e) "Rebate Fund" shall mean the fund so defined in
and established pursuant to the Tax Exemption Certificate.
(f) "Registrar" shall be the City Controller of Iowa
City, Iowa, or such successor as may be approved by Issuer
as provided herein and who shall carry out the duties
prescribed herein with respect to maintaining a register of
the owners of the bonds. Unless otherwise specified, the
Registrar shall also act as Transfer Agent for the bonds.
(g) "Paying Agent" shall be the City Controller,or
such successor as may be approved by Issuer as provided
herein and who shall carry out the duties prescribed herein
" as Issuer's agent to provide for the payment of principal
of and interest on the Bonds as the same shall become. due.
(h) "Tax Exemption Certificate" shall mean the Tax
Exemption Certificate executed by the Treasurer and
delivered at the time of issuance and delivery of the
Bonds.
-3-
am.Eas.mnsm.ianxrnrn.IMNESVmlt.u.UM.. /��
.1w0.ne..
Section 2. Levy and Certification of Annual Tax Other
Funds to be used
(a) Levy of Annual Tax. That for the purpose of
providing funds to pay the principal and interest of the
Bonds hereinafter authorized to be issued, there is hereby
levied for each future year the following direct annual tax
on all of the taxable property in Iowa City, Iowa, to -wit:
AMOUNT
FISCAL YEAR (JULY 1 TO JUNE 30)
YEAR OF COLLECTION:.
$100,820
$225,615
1988/1989
$217,515
1989/1990
$209,115
1990/1991
$200,415
1991/1992
$191,415
1992/1993
$157,265
1993/1994
$149,515
1994/1995
$141,640
1995/1996
$143,640
1996/1997
1997/1998
(NOTE: For example the levy to be made and certified
against the taxable valuations of January 1, 1986, will be
collected during the fiscal year commencing July 1, 1987).
(b) Resolution to be Filed With Count Auditor. A
certified copy of this Resolution should be filed with the
County Auditor of Johnson County, Iowa, and said Auditor e
hereby instructed in and for each of the years as providedis
,
to levy and assess the tax hereby authorized in Section 2
of this Resolution, in like manner as other taxes are
levied and assessed, and such taxes so levied in and for
each of the years aforesaid be collected in like manner as
other taxes of the City are collected, and when collected
be used for the purpose of paying principal and interest on
said Bonds issued in anticipation of said tax, and for no
other purpose whatsoever.
(c) Additional Citv Funds Available. Principal and
interest coming due at anytime when the proceeds of said
tax on hand shall be insufficient to pay the same shall be
promptly paid when due from current funds of the City
available for that purpose and reimbursement shall be made
from such special fund in the amounts thus advanced.
Section 3. Bond Fund. Said tax shall be collected each
year at the same time and in the same manner as, and in
addition to, all other taxes in and for the City, and when
collected they shall be converted into a special fund within
-4-
dIILF.OR. f7NISF.1', MIM F.ILF.ii, IlalRlfaflmlh ALLPF.0 /� A
. nouns. 1u o,c wax,s.uw or%w
the Debt Service Fund to be known as the "GENERAL OBLIGATION
BOND FUND 1988 No. 1" (the "Bond Fund"), which is hereby
pledged for and shall be used only for the payment of the
principal of and interest on the Bonds hereinafter authorized
to be issued; and also there shall be apportioned to said fund
its proportion of taxes received by the City from railway,
express, telephone and telegraph companies and other taxes
assessed by the Iowa State Department of Revenue.
Section 9. P0g1ication of Bond Proceeds. Proceeds of the
Bonds other than accrued interest except as may be provided
below shall be credited to 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 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 Bond Fund.
Section 5. Investments of Bond Fund Proceeds. All moneys
held in the Bond Fund, provided for by Section 3 of this
Resolution shall be invested in direct obligations of the
United States Government or deposited in financial institutions
which are members of the Federal Deposit Insurance Corporation
or the Federal Savings and Loan 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 FSLIC or its equivalent successor in any one financial
institution 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 before the date on which the moneys are required for
payment of principal of or interest on the Bonds as herein
provided.
Section 6. Bond Details, Execution and Redemption.
(a) Bond Details. General Obligation Bonds of the
City in the amount of $1,260,000, shall be issued pursuant
to the provisions of Section 384.25 of the City Code of
Iowa for the aforesaid purpose. The bonds shall be
designated "GENERAL OBLIGATION BOND", be dated February 1,
1988, and bear interest from the date thereof, until
payment thereof, at the office of the Paying Agent, said
interest payable on December 1, 1988, and semiannually
thereafter on the 1st day of June and December in each year
until maturity at the rates hereinafter provided.
-5-
:MSEY. WHWEILEIL ILO] IF NMMIk ALLOEE ®��
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The Bonds shall be executed by the facsimile signature
of the Mayor and attested by the facsimile signature of the
Clerk, and printed or impressed with the seal of the City
and shall be fully registered as to both principal and
interest as provided in this resolution; principal,
interest and premium, if any, shall be payable at the
office of the Paying Agent by mailing of a check to the
registered owner of the Bond. The Bonds shall be in the
denomination of $5,000 each or multiples thereof. Said
Bonds shall mature and bear interest as follows:
Interest
Principal
Maturity
Rate
Amount
June 1st
5.408
$150,000
1990
5.608
$150,000
1991
5.808
$150,000
1992
6.008
$150,000
1993
6.108
$150,000
1994
6.208
$125,000
1995
6.308
$125,000
1996
6.408
$125,000
1997
6.408
$135,000
1998
(b). Redemption. Bonds maturing after June 1, 1995,
may be called for redemption by the Issuer and paid before
maturity on said date or any interest payment date
thereafter, from any funds regardless of source, in whole
or from time to time in part, in inverse order of maturity
and within an annual maturity by lot by giving thirty days,
notice of redemption by registered mail, to the registered
owner of the bond. The terms of redemption shall be par,
plus accrued interest to date of call.
If selection by lot within a maturity is required, the
Registrar shall by random selection of the names of the
registered owners of the entire annual maturity select the
bonds to be redeemed until the total amount of bonds to be
called has been reached.
Section 7. Registration of Bonds; Appointment of
Registrar; Transfer; Ownership; Delivery; and Cancellation.
(a) Registration. The ownership of Bonds may be
transferred only by the making of an entry upon the books
kept for the registration and transfer of ownership of the
Bonds, and in no other way. The City Controller is hereby
appointed as Bond Registrar under the terms of this
Resolution. Registrar shall maintain the books of the
Issuer for the registration of ownership of the Bonds for
-6-
AllI.F.II.S. f.00.\'El'. DORWE.ILF.I1, IL11NIE MIMIA ALLIIE.E
•11pn.rv5.I Lnw Dl6 MOmIl Pw
-�
the payment of principal of and interest on the Bonds as
provided in this Resolution. All Bonds shall be negotiable
as provided in Article 8 of the Uniform Commercial Code and
Section 384.31 of the Code of Iowa, subject to the
provisions for registration and transfer contained in the
Bonds and in this resolution.
(b) Transfer. The ownership of any Bond may be
transferred only upon the Registration Books kept for the
registration and transfer of Bonds and only upon surrender
thereof at the office of the Registrar together with an
assignment duly executed by the holder or his duly
authorized attorney in fact in such form as shall be
satisfactory to the Registrar, along with the address and
social security number or federal employer identification
number of such transferee (or, if registration is to be
made in the name of multiple individuals, of all such
transferees). In the event that the address of the
registered owner of a Bond (other than a registered owner
which is the nominee of the broker or dealer in question)
is that of a broker or dealer, there must be disclosed on
the Registration Books the information pertaining to the
registered owner required above. Upon the transfer of any
such Bond, a new fully registered Bond, of any denomination
or denominations permitted by this Resolution in aggregate
principal amount equal to the unmatured and unredeemed
principal amount of such transferred fully registered Bond,
and bearing interest at the same rate and maturing on the
same date or dates shall be delivered by the Registrar.
(c) Registration of Transferred Bonds. In all cases
of the transfer of the Bonds, the Registrar shall register,
at the earliest practicable time, on the Registration
Books, the Bonds, in accordance with the provisions of this
Resolution.
(d) Ownership. As to any Bond, the person in whose
name the ownership of the same shall be registered on the
Registration Books of the Registrar shall be deemed and
regarded as the absolute owner thereof for all purposes,
and payment of or on account of the principal of any such
Bonds and the premium, if any, and interest thereon shall
be made only to or upon the order of the registered owner
thereof or his legal representative. All such payments
shall be valid and effectual to satisfy and discharge the
liability upon such Bond, including the interest thereon,
to the extent of the sum or sums so paid.
(e) Cancellation. All Bonds which have been
redeemed shall not be reissued but shall be cancelled by
the Registrar. All Bonds which are cancelled by the
-7-
„ A11LENS.WJNEV. WHWEILFII,IL{1\IftSllnll *A 1111FE /A"
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.Y
Registrar shall be destroyed and a certificate of the
destruction thereof shall be furnished promptly to the
Issuer; provided that if the Issuer shall so direct, the
Registrar shall forward the cancelled Bonds to the Issuer.
(f) Non -Presentment of Bonds. In the event any
payment check representing payment of interest on the
Bonds is returned to the Paying Agent or is not presented
for payment of principal at the maturity or redemption
date, if funds sufficient to pay such interest on Bonds
shall have been made available to the Paying Agent for the
benefit of the owner thereof, all liability of the Issuer
to the owner thereof for such interest or payment of such
Bonds shall forthwith cease, terminate and be completely
discharged, and thereupon it shall be the duty of the
Paying Agent to hold such funds, without liability for
interest thereon, for the benefit of the owner of such
Bonds who shall thereafter be restricted exclusively to
such funds for any claim of whatever nature on his part
under this Resolution or on, or with respect to, such
interest or Bonds. The Paying Agent's obligation to hold
such funds shall continue for a period equal to two years
and six months following the date on which such interest
or principal became due, whether at maturity, or at the
date fixed for redemption thereof, or otherwise, at which
time the Paying Agent, shall surrender any remaining funds
so held to the Issuer, whereupon any claim under this
Resolution by the Owners of such interest or Bonds of
whatever nature shall be made upon the Issuer.
(g) Registration and Transfer Fees. The Registrar
may furnish to each owner, at the Issuer's expense, one
bond for each annual maturity. The Registrar shall fur-
nish additional bonds in lesser denominations (but not
less than the minimum denomination) to an owner who so
requests.
Section 8. Reissuance of Mutilated, Destroyed, Stolen
or Lost Bonds. In case any outstanding Bond shall become
mutilated or be destroyed, stolen or lost, the Issuer shall
at the request of Registrar authenticate and deliver a new Bond
of like tenor and amount as the Bond so mutilated, destroyed,
stolen or lost, in exchange and substitution for such mutilated
Bond to Registrar, upon surrender of such mutilated Bond, or in
lieu of and substitution for the Bond destroyed, stolen or
lost, upon filing with the Registrar evidence satisfactory to
the Registrar and Issuer that such Bond has been destroyed,
stolen or lost and proof of ownership thereof, and upon
furnishing the Registrar and Issuer with satisfactory indemnity
and complying with such other reasonable regulations as the
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AIILEIN.I:(X)%EY,IN111IVEILEII.IL11\IF_ti11L I&ALLOEE /��
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M
Issuer or its agent may prescribe and paying such expenses as
the Issuer may incur in connection therewith.
Section 9. Record Date. Payments of principal and
interest, otherwise than upon full redemption, made in respect
of any Bond, shall be made to the registered holder thereof
or to their designated agent as the same appear on the books
of the Registrar on the 15th day of the month preceding the
payment date. All such payments shall fully discharge the
obligations of the Issuer in respect of such Bonds to the
extent of the payments so made. Payment of principal shall
only be made upon surrender of the Bond to the Paying Agent.
Section 10. Execution, Authentication and Delivery of the
Bonds. Upon the adoption of this Resolution, the Mayor and
Clerk shall execute and deliver the Bonds to the Registrar, who
shall authenticate the Bonds and deliver the same to or upon
order of the Purchaser. No Bond shall be valid or obligatory
for any purpose or shall be entitled to any right or benefit
hereunder unless the Registrar shall duly endorse and execute
on such Bond a Certificate of Authentication substantially in
the form of the Certificate herein set forth. Such
Certificate upon any Bond executed on behalf of the Issuer
shall be conclusive evidence that the Bond so authenticated
has been duly issued under this Resolution and that the holder
thereof is entitled to the benefits of this Resolution.
Section 11. Right to Name Substitute Paying
ayin A subent or
Registrar. Issuer reserves the right to name a stitute,
successor Registrar or Paying Agent upon giving prompt written
notice to each registered bondholder.
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AIILEKCMAY, RAWEILER. IM-NIF—MIMIhAI.W1F.E / oz.
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Section 12. Form of Bond. Bonds shall be printed in
substantial compliance with standards proposed by the American
Standards Institute substantially in the forn as follows:
(61 L6�
I] Iel
111
14 [�51
191
r 9A1
(10�
(continued on the pack of this Bond)
FIGURE 1
(Front)
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AIILF.IICCI111\F.1'.1101111'F.ILEfl.lU1\IF S4lilltr ALIDF.E
ntonwt re .t uw ora uomts. ay. -
(1)
(4) �5)
(9)
I (9A)
(10)
(continued on the back
of this Bond)
(11)(12)(13)
I31 I13ll331 f141
IIS
(61 L6�
I] Iel
111
14 [�51
191
r 9A1
(10�
(continued on the pack of this Bond)
FIGURE 1
(Front)
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AIILF.IICCI111\F.1'.1101111'F.ILEfl.lU1\IF S4lilltr ALIDF.E
ntonwt re .t uw ora uomts. ay. -
Y
M
(10) (16) (17)
(Continued)
FIGURE 2
(Back)
-11-
AIILE,ES, UALY, IMMEILE11, HAYSIGS.MMI tr ALLNEE
uronv[na[uv ou Mowro. ow
The text of the Bonds to be located thereon at the item
numbers shown shall be as follows;
Item 1, figure 1 = "STATE OF IOWA"
"COUNTY OF JOHNSON""
"CITY OF IOWA CITY"
"GENERAL OBLIGATION BOND,"
"ESSENTIAL CORPORATE PURPOSE."
Item 2, figure 1 = Rate:
Item 3, figure'I = maturity:
Item 4, figure 1 = Bond Date: February 1, 1988
Item 5, figure 1 = Cusip
Item 6, figure 1 = "Registered"
Item 7, figure 1 = Certificate No.
Item 8, figure 1 = Principal Amount: $
Item 9, figure 1 = The City of Iowa City, Iowa, a municipal
corporation organized and existing under and by virtue of the
Constitution and laws of the State of Iowa (the "Issuer"), for
value received, promises to pay from the source and as
hereinafter provided, on the maturity date indicated above, to
Item 9A, figure 1 = (Registration panel to be completed by
Registrar or Printer with name of Registered Owner).
Item 10, figure 1 = or registered assigns, the principal
sum of (principal amount written out) Thousand Dollars in
lawful money of the United States of America, on the maturity
date shown above, only upon presentation and surrender hereof
at the office of the City Controller, Paying Agent of this
issue, or its successor, with interest on said sum from the
date hereof until paid at the rate per annum specified above,
payable on December 1, 1988, and semiannually thereafter on the
1st day of June and December in each year.
Interest and principal shall be paid to the registered
holder of the Bond as shown on the records of ownership
maintained by the Registrar as of the 15th day of the month
next preceding such interest payment date. Interest shall be
computed on the basis of a 360 -day year of twelve 30 -day
months.
This Bond is issued pursuant to the provisions of Section
384.25 of the City Code of Iowa, for the purpose of paying
costs of purchase of equipment for municipal waterworks; and
construction, reconstruction and repair of street improvements,
in conformity to a Resolution of the Council of said City duly
passed and approved.
-12-
AIILE.OS.r.M. .INTIM EILEII. IM-Mr.SMMI h ALLBEE
.iTMN.S AIIMY D1S 4PMI G.OW.
e4ed;L
7
Bonds maturing after June 1, 1995, may be called for
redemption by the Issuer and paid before maturity on said date
or any interest payment date thereafter, from any funds
regardless of source, in whole or from time to time in part, in
inverse order of maturity and within an annual maturity by lot
by giving thirty days' notice of redemption to the registered
owner of the Bond. The terms of redemption shall be par, plus
accrued interest to date of call.
Notice hereunder may be given by registered mail to the
owner of record of the Bond at the address shown on the books
of the Registrar and shall be deemed complete upon mailing.
Ownership of this Bond may be transferred only by transfer
upon the books kept for such purpose by the City Controller, the
Registrar. Such transfer on the books shall occur only upon
presentation and surrender of this Bond at the office of the
Registrar, together with an assignment duly executed by the
owner hereof or his duly authorized attorney in the form as
shall be satisfactory to the Registrar. Issuer reserves the
right to substitute the Registrar and Paying Agent but shall,
however, promptly give notice to registered bondholders of such
change. All bonds shall be negotiable as provided in Article 8
of the Uniform Commercial Code and Section 384.31 of the Code
of Iowa, subject to the provisions for registration and
transfer contained in the Bond Resolution.
This Bond is a "qualified tax-exempt obligation" designated
by the City for purposes of Section 265(b)(3)(B) of the
Internal Revenue Code of 1986.
And it is hereby represented and certified that all acts,
conditions and things requisite, according to the laws and
Constitution of the State of Iowa, to exist, to be had, to be
done, or to be performed precedent to the lawful issue of this
Bond, have been existent, had, done and performed as required
by law; that provision has been made for the levy of a
sufficient continuing annual tax on all the taxable property
within the territory of the Issuer for the payment of the
principal and interest of this Bond as the same will
respectively become due; that the faith; credit, revenues and
resources and all the real and personal property of the Issuer
are irrevocably pledged for the prompt payment hereof, both
principal and interest; and the total indebtedness of the
Issuer including this Bond, does not exceed the constitutional
or statutory limitations.
IN TESTIMONY WHEREOF, the Issuer by its Council, has caused
this Bond to be signed by the facsimile signature of its Mayor
and attested by the facsimile signature of its City Clerk, with
the seal of said City printed hereon, and to be authenticated
w
-13-
AIILERS.r.M.NEY. IXIIIWEILEII. IW%IF.AMI & AI.I.IIEF.
uro..rrc .nuv we ua+rc aw ��07�
0
by the manual signature of an authorized representative of the
Registrar, the City Controller of Iowa City, Iowa.
Item 11, figure 1 = Date of authentication:
Item 12, figure 1 = This is one of the bonds described in
the within mentioned resolution, as
registered by the City Controller.
City Controller
By
Registrar
Item 13, figure 1 = Registrar and Transfer Agent:
the City Controller
Paying Agent: the City Controller
Item 14, figure 1 = (Seal)
Item 15, figure 1 = [Signature Block]
City of Iowa City, Iowa
By: ( facsimile signature )
Mayor
Attest: ( facsimile signature )
City Clerk
Item 16, figure 2 = It is certified that the following is
a correct and complete copy of the opinion
of bond counsel issued as of the date of
delivery of the issue of which this Bond is
a part.
(facsimile signature)
City Clerk
[opinion of Bond Counsel]
Item 17, figure 2 = [Assignment Block]
[Information Required for
Registration]
ASSIGNMENT
For value received, the undersigned hereby sells, assigns
and transfers unto (Social Security or Tax
Identification No.� ) the within Bond and
_
does hereby irrevocably constitute and appoint
-14-
AIII.E.II.ti.I:(ONEY. WHWEIEF.11, IIAINIF.. MMI hALWEE
1040
z
a
attorney in fact to transfer the said
Bond on the books kept for registration of the within Bond,
with full power of substitution in the premises.
Dated
(Person(s) executing this Assignment signs) here)
SIGNATURE )
GUARANTEED)
IMPORTANT - READ CAREFULLY
The signature(s) to this Power must correspond with the
nane(s) as written upon the face of the certificate(s) or
bond(s) in every particular without alteration or enlarge-
ment or any change whatever. Signature guarantee should
be made by a member or member organization of the New York
Stock Exchange, members of other Exchanges having signa-
tures on file with transfer agents or by a commercial bank
or trust company.
INFORMATION REQUIRED FOR REGISTRATION OF TRANSFER
Name of Transferee(s)
Address of Transferee(s)
Social Security or Tax
Identification Number of
Transferee(s)
Transferee is a(n):
Individual* Corporation
Partnership Trust
*If the Bond is to be registered in the names of multiple
individual owners, the names of all such owners and one
address and social security number must be provided.
The following abbreviations, when used in the inscription
on the face of this Bond, shall be construed as though written
out in full according to applicable laws or regulations:
-Is-
All
15-
AIILUN,C.M1F.1'% WHOWLEIL ILtl71"AlMl h ALLIIEE /
�nonr.nun+w as ua«n.ow.\�
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and
not as tenants in common
IA UNIF TRANS MIN ACT - .. .Custodian.. ... .
(Gust) (Minor)
under Iowa Uniform Transfers to
Minors Act........ .......
(State)
Section 13. Contract Between Issuer and Purchaser. This
Resolution constitutes a contract between said City and the
purchaser of the Bonds.
Section 14. Non -Arbitrage Covenants. 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 148(a) and (b) 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 manner that
would cause the Bonds to be arbitrage bonds. Without limiting
the generality of the foregoing, the Issuer hereby agrees to
comply with the provisions of the Tax Exemption Certificate and
the provisions of the Tax Exemption Certificate are hereby
incorporated by reference as part of this Resolution. The
Treasurer is hereby directed to make and insert all
calculations and determinations necessary to complete the Tax
Exemption Certificate in all respects and to execute and
deliver the Tax Exemption Certificate at issuance of the Bonds
to certify as to the reasonable expectations and covenants of
the Issuer at that date.
Section 15. Severability
Clause. If any section,
paragraph, clause or provis on of this Resolution be held
invalid, such invalidity shall not affect any of the remaining
provisions hereof, and this Resolution shall become effective
immediately upon its passage and approval.
Section 16. Additional Covenants, Representations ane
Warranties of the Issuer. The Issuer certifies and covenants
with the purchasers and holders of the Bonds from time to time
outstanding that the Issuer through its officers, (a) will make
M
-16-
AIILEHS. CANINES. IMImSEILEIL MIME. SNnll ! ALLREE
.nonurrs.r iuv a,..a�, s.w..
/04pt
such further specific covenants, representations and assurances
as may be necessary or advisable; (b) comply with all
representations, covenants and assurances contained in the Tax
Exemption Certificate, which Tax Exemption Certificate shall
constitute a part of the contract between the Issuer and the
owners of the Bonds; (c) consult with bond counsel (as defined
in the Tax Exemption Certificate); (d) pay to the United
States, as necessary, such sums of money representing required
rebates of excess arbitrage profits relating to the Bonds; (e)
file such forms, statements and supporting documents as may be
required and in a timely manner; and (f) if deemed necessary or
advisable by its officers, to employ and pay fiscal agents,
financial advisors, attorneys and other persons to assist the
Issuer in such compliance.
Section 17. Amendment of Resolution to Maintain Tax
Exemption. This Resolution may be amended without the consent
of any owner of the Bonds if, in the opinion of bond counsel,
such amendment is necessary to maintain tax exemption with
respect to the Bonds under applicable Federal law or
regulations.
Section 18. Qualified Tax -Exempt Obligations. For the
sole purpose of qualifying the Bonds as "Qualified Tax Exempt
Obligations" pursuant to the Internal Revenue Code of the
United States, the Issuer designates the Bonds as qualified
tax-exempt obligations and represents that the reasonably
anticipated amount of tax exempt government and Code Section
501(c)3 obligations which will be issued during the current
calendar year will not exceed Ten (10) Million Dollars.
Section 19. Repeal_of Conflicting Resolutions or
Ordinances. That all ordinances and resolutions and parts of,
ordinances and resolutions in conflict herewith are hereby
repealed.
PASSED AND APPROVED this 26th day of January
1988.
ATTEST:
Clerk �J
t4hyor
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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 complete
copy of the action taken by said Council with respect to said
matter at the meeting held on the date indicated in the
attachment, 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 in accordance
with a notice of meeting and tentative agenda, a copy of which
was timely served on each member of the Council and posted on a
bulletin board or other prominent place easily accessible to
the public and clearly designated for that purpose at the
principal office of the Council (a copy of the face sheet of
said agenda being attached hereto) pursuant to the local rules
of the Council and the provisions of Chapter 21, Code of Iowa,
upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as
required by said law and with members of the public present in
attendance; I further certify that the individuals named
therein were on the date thereof duly and lawfully 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 26 day of January , 1988.
SEAL
it Clerk a City, Iowa
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ORIGINAL
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: January 26, 1988
Time of Meeting: 7:30 p.m.
Place of Fleeting: Council Chambers, Civic Center,
410 East Washington, Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
$1,260,000 Essential Corporate Purpose
General Obligation Bonds.
Resolution authorizing the issuance.
Such additional matters as are set forth on the addi-
tional 14 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
Cit' y�Clerk�I City, Iowa
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ORIGINAL
CiGO-3-78
CITY CLERK'S CERTIFICATION TO COUNTY AUDITOR
Pursuant to the provisions of Section 76.2 of the Code of
Iowa, I do hereby certify that attached hereto is a true and
correct copy of the Resolution authorizing the issuance of
$1,260,000 Essential Corporate Purpose General Obligation Bonds
and levying a tax therefor adopted by the Council of the City
of Iowa City, Iowa, on the date thereof, the original of which
is on file in the records of the undersigned.
Dated this 27 day of Januar , 1988.
(CITY SEAL)
Clerk of the City of Iowa City,
Iowa
COUNTY AUDITOR'S CERTIFICATE
I, Tom tlo-k tt , County Auditor of Johnson County,
Iowa, hereby certify that on the 27 day of January
1988, there was filed in my office the Resolution of the City
Council of Iowa City, Iowa, adopted on the 26 day of
January' 1988, said Resolution levying a tax for
the purpose of paying principal and interest on $1,260,000 of
Essential Corporate Purpose General Obligation Bonds, dated
February 1, 1988, and authorizing the issuance of said bonds,
all duly certified upon the form attached above.
(COUNTY SEAL)
County Auditor or Johnson County;
Iowa
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