HomeMy WebLinkAbout1989-07-11 Resolution!
RESOLUTION N0. 89-174
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RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOIVA CITY, IOWA,
that a Dancing
Permit as provided by law is hereby granted to the following
and at the following described
named person
locations upon his filing an
having endorsed thereon the certificates of the
application,
proper city
to having complied with all regulations and ordinances, and
officials as
having a valid
beer, liquor, or wine license/permit, to wit:
New Walt's Ltd.
Golden Oldies
i
It was moved by Balmer and seconded by
that the Resolution
Horowitz
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as rea e a opte ,and upon roll callt
ere weTi re:
AYES: NAYS: ABSENT:
Ambrisc o" X
n'
I
Balmer. X
_
Courtney X
Horowitz X
Kubby_, X
- Larson X
McDonald X
Passed and approved this 11th day of July
19 89
.
yor
Attest:
uitt Cler
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RESOLUTION NO. 89 175
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT AND ESTIMATE OF COST FOR THE
STATE HIGHWAY NO. 1 AT INTERSTATE 80
PAVING IMPROVEMENT PROJECT IR-80-7(56)246--12-52
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the above-named project is to be held on the
25th day of July, 1989, at 7:30 p.m. in the Council Chambers, Civic Center,
Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the above-named project in a newspaper published at
least once weekly and having a general circulation in the city, not less than
four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract and estimate of cost for
the above-named project are hereby ordered placed on file by the City Engineer
in the office of the City Clerk for public inspection.
It.was moved by Balmer and seconded by Horowitz
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
g AMBRISCO
X BALMER
X COURTNEY
HOROWITZ
_x KUBBY
X CARSON
McDONALD
Passed and approved this 11th day of July, 1989.
?AYOR
ATTEST:%]. 7� .
CIT CLERK
Igal
tDe
0 ORM
71, partm
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RESOLUTION NO. 89-176
RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR THE 1989 CAPITOL STREET PARKING
RAMP AND DUBUQUE STREET PARKING RAMP MAINTENANCE AND REPAIR PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the above-named project is to be held on the 25th
day of July, 1989, at 7:30 p.m. in the Council Chambers, Civic Center,
Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the above-named project in a newspaper published
at least once weekly and having a general circulation in the City, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract and estimate of cost for
the above-named project are hereby ordered placed on file by the Director
of Finance in the office of the City Clerk for public inspection.
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RESOLUTION NO.
RESOLUTION EXEMPTING CERTAIN CHILD CARE PROVIDERS FROM THE
APPLICATION FEE FOR SPECIAL EXCEPTIONS.
WHEREAS, the City Council has by ordinance removed child care providers for six
or fewer children from the special exception provisions of the Zoning Ordinance
except in those instances where the providers accept children after 10:00 p.m.
or before 7:00 a.m.; and
WHEREAS, child care, particularly in homes, is a benefit to the community; and
WHEREAS, the application fees for small scale providers may be a financial
burden and act as a disincentive to the provision of child care on a small scale
or a disincentive to registration of such providers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
II
That no application fee shall be charged for special exception actions for
care providers who care for six or fewer children. child
It was moved by and seconded by the if
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Balmer
Courtney II
Horowitz
Kubby
Larson li
McDonald
Passed and approved this day of
1989.
MAYOR
Appved t Form
ATTEST: \17
CITY CLERK C -�
�Jeg—alftpartment
RESOLUTION NO. 89-177
RESOLUTION APPROVING THE VACATION AND RELEASE OF A 5 -FOOT
UTILITY EASEMENT ACROSS THE NORTH LOT LINE OF LOT 100, COURT
HILL -SCOTT BOULEVARD ADDITION, PART VI, LOCATED WITHIN IOWA
CITY, JOHNSON COUNTY, IOWA, AND ACCEPTING A 10 -FOOT
REPLACEMENT UTILITY EASEMENT IN LIEU THEREOF, AS PART OF
OBERLIN ESTATES PLANNED HOUSING DEVELOPMENT.
WHEREAS, the City of Iowa City has previously approved preliminary and final plats for Court
Hill -Scott Boulevard Addition, Part VI; and,
WHEREAS, a five-foot utility easement was dedicated across the north lot line of Lot 100, Court
Hill -Scott Boulevard Addition, Part VI, but the placement was apparently in error; and,
WHEREAS, the owner and developer of said lot, Pat Moore Construction Company, now
requests that said easement across Lot 100 be vacated and replaced with another such utility
easement, as part of a PDH Plan for Oberlin Estates, which includes a portion of the existing
Subdivision; and,
WHEREAS, the developer has consented to dedicate to the public a ten -foot replacement utility
easement the south and east lines of said Lot 100, in exchange for the five foot utility
easement to be vacated and released by the City; and
WHEREAS, the vacation and relocation of said utility easement have been reviewed and
approved by the Department of Planning and Program Development, the Department of Public
Works and the Legal Department; and
WHEREAS, the proposed vacation and relocation of the utility easement has been examined
by the Planning and Zoning Commission and after due deliberation the Commission has
recommended that it be accepted and approved.
NOW, THEREFORE, BE iT RESOLVED THAT THE CITY OF IOWA CITY, IOWA, HEREBY:
1. Vacates and releases the five-foot utility easement across the north lot line of existing
Lot 100, Court Hill -Scoff Boulevard Addition, Part VI.
2. Accepts the replacement ten -foot utility easement in lieu thereof, as shown on the
Amended Preliminary and Final Planned Development Housing Plan for Oberlin Estates.
BE IT FURTHER RESOLVED that the City Clerk Is directed to record a certified copy of the
Resolution In the Office of the Johnson County Recorder.
It was moved by Balmer and seconded by Ambrisco the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
X
Balmer
X
Courtney
X
Horowitz
X
Kubby
X
Larson
X
McDonald
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RESOLUTION NO, 89-178
A RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF EXCESS CITY
PROPERTY, TO WIT, A PORTION OF VACATED LAFAYETTE STREET AND
LINN STREET RIGHTS-OF-WAY GENERALLY LYING EAST OF RALSTON
CREEK IN IOWA CITY, IOWA, SUBJECT TO RETAINING CERTAIN UTILITY
AND CONSERVATION EASEMENTS.
WHEREAS, the City Council did, pursuant to Ordinance No. 2646 dated August 22, 1972,
vacate that portion of Unn Street that lies north of the north line of Lafayette Street and south
of the south line of Des Moines Street; and
WHEREAS, the City Council did, pursuant to Ordinance No. 75-2768 dated June 3, 1975,
vacate that portion of the Lafayette Street right-of-way lying between a line parallel to and
335.50 feet east of the centerline of Dubuque Street and a line parallel to and 480.50 feet east
of the centerline of Dubuque Street; and
WHEREAS, this City Council did, pursuant to Ordinance No. 89.3421, approved June 27, 1989,
vacate that portion of the Lafayette Street right-of-way lying between the line parallel to and
480.50 feet east of the centerline of Dubuque Street and the west right-of-way line of South
Gilbert Street; and
WHEREAS, Gary L. Freeman and Ralph J. Freeman as adjacent property owners wish to
purchase this vacated right-of-way; and in partial consideration for this conveyance, Freemans
agree to comply with the driveway width restrictions set forth In 531-59, Iowa City Code of
Ordinances upon redevelopment, improvement or construction on said property; and
WHEREAS, this City Council did, pursuant to Resolution No. 89-129 dated June 13, 1989,
declare its Intent and proposal to dispose of portions of vacated Lafayette Street and Unn
Street rights-of-way, described below, by sale to Gary L Freeman and Ralph J. Freeman,
subject to the City retaining certain public utility and conservation easements over all or a
portion of the vacated property, to wit:
Commencing at the Southeast Corner of Lot 4, of Block 22, County Seat
Addition to Iowa City, Iowa, as recorded in Book 1 and 2, at Page 253 of the
Records of the Johnson County Recorder's Office; thence N 90000'00" W, an
assumed bearing along the South Line of said Lot 4, 201.68 feet, to the
Southwest Corner thereof; thence N 90000'00" W, 20.00 feet to the Point of
Beginning; thence S 00000'00" W, 79,92 feet, to a Point on the Southerly Right -
of -Way Una of Lafayette Street, which is 71.67 feet, S 89055'30" W of a 5/8•inch
Iron Pin found at the Intersection of said Southerly Una, with the westerly Right -
of -Way Une of Relocated Gilbert Street; thence S 89°55'30" W, along said
Southerly Right -of -Way Line, 28.35 feet, to a 5/8 -Inch Iron Pin with LS. 7036 Cap
found at the Top of Bank of Existing Ralston Creek; thence N 05°25'12" E, 66.25
feet, to a Point on said Top of Bank; thence N 26051'55" E, 15.69 feet, to a Point
on said Top of Bank; thence N 07012'47" E. 25,20 feet, to a Point on said Top
of Bank; thence N 00°22'32" E, along said Top of Bank, 55.00 feet, to its
intersection with the westerly projection of the Northerly Una of said Lot 4;
thence S 90000'00" E, along said Westerly projection, 12.00 feet, to a Point which
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{ Resolution No. 89-178
Page 2
Is 20.00 feet, N 90000'00" W of the Northwest Corner of said Lot 4; thence S
00022'32" W, 80.00 feet, to the Point of Beginning. Said tract of land contains
2920 square feet, more or less, and Is subject to easements and restrictions of
record; and
Commencing at the Southwest Corner, of Lot 4, of Block 22, County Seat
Addition to Iowa City, Iowa, as Recorded in Books 1 and 2 at Page 253, of the
Records of the Johnson County Recorder's Office; thence N 90000'00" W, an
assumed bearing along the South Une of said Block 22, 128.24 feet to a Point
on the Westerly Right -of -Way Une on Relocated Gilbert Street, which is the Point -
of -Beginning; thence S 15°1620" W, along said westerly Right -of -Way Une, 82.74
feet, to a 5/8 -inch Iron Pin found at its Intersection with the Southerly Right -of -
Way Une of Lafayette Street; thence S 89055'30" W, along said Southerly Right -
of -Way Une, 71.67 feet; thence N 00000'00" E, 79,92 feet, to a Point on the
Northerly Right -of -Way Une of Lafayette Street; thence S 90000'00" E, 93.44 feet
along the Southerly Une of Lot 4 of said Block 22, to the Point of Beginning.
Said tract of land contains 6,593 square feet, more or less, and is subject to
j easements and restrictions of record; and
WHEREAS, the City Council did authorize publication of notice of this proposal to convey said
property, and did set the date and time for public hearing thereon; and
WHEREAS, following public hearing on said proposal held June 27, 1989; and being fully
advised as to the merits of said proposal, including partial consideration for the City's obtaining
and/or retaining certain easements; and having given full study and consideration, this Council
deems that the proposed conveyance of said portions of vacated street rights-of-way
constitutes excess City property, and that disposal is in the public Interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the Mayor and City Clerk be and are hereby authorized, empowered and directed
to execute and deliver a quit claim deed conveying the City's interest in said vacated
portions of Lafayette Street and Linn Street rights-of-way to Gary L Freeman and Ralph
J. Freeman for and in consideration of the sum of $3,000.00, subject to the City
retaining public utility easements over all of said vacated portions of the rights-of-way;
and further subject to the grant of a 20 -foot width conservation easement to the City
over the area along the east bank of Ralston Creek, for conservation purposes.
2. That the City Attorney be and is hereby authorized, empowered and directed to deliver
said quit claim deed to Freemans, on payment of consideration as Indicated by the
foregoing, and subject to approval by the Legal Department of the said Utility and
Conservation Easements to be granted to and/or retained by the City.
1
Resolution No. 89-178
Page 3
It was moved by Courtney and seconded by Ambrisco the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco j
g Balmer F
X Courtney
g Horowitz
X Kubby
X Larson
g McDonald
Passed and approved this lith day of July 1989.
1 l
AYOR
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ATTEST:
CIIYCLERK
Approved as to Fo
e al
Department
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Ilntlependem
FREEMAN BROTHERS AGENCY, INC.
601 Hollywood Blvd.
Agenfgnce
®
P.O. Box 2659
Iowa City, Iowa 52244
319-351-2244
City of Iowa City
Iowa City, IA 52240
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RE: 306 Lafayette Street - Street and Land around Lot.
RCCCIVGD
JUN 3 01989
P.D. DEPARTMENT
' To Whom It May Concern:
Gary 1. $ Ralph J. Freeman hereby increase their original offer for
vacating Lafayette Street and land west of #306 Lafayette, from
$1000.00 to $3000.00
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RESOLUTION NO.
j A RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF EXCESS CITY
PROPERTY, TO WIT, A PORTION OF VACATED LAFAYETTE STREET AND
UNN STREET RIGHTS-OF-WAY GENERALLY LYING EAST OF RALSTON
CREEK IN IOWA CITY, IOWA, SUBJECT TO RETAINING CERTAIN UTILITY
AND CONSERVATION EASEMENTS.
WHEREAS, the City Council did, pursuant to Ordinance No. 2646 date August 22, 1972,
vacate that portionkUnn Street that Iles north of the north line of Late y� a Street and south
of the south line of Des Moines Street; and
WHEREAS, the City Cour`cil did, pursuant to Ordinance No. 75 768 dated June 3, 1975,
vacate that portion of the 4fayette Street right-of-way lying between a line parallel to and
335.50 feet east of the center ipe of Dubuque Str/Street
parallel to and 480.50 Teel east
of the centerline of Dubuque Street; and
WHEREAS, this City Council did yrsuant to Or , approved June 27,
1989, vacate that portion of the Lafayette Street g between the line parallel to
and 480.50 feet east of the centerline of Dubuthe west right-of-way line of
South Gilbert Street; and \
WHEREAS, Gary L Freeman and Ralph J. re
eman as adjacent property owners wish to
purchase this vacated right-of-way; and in rtial consideration for this conveyance, Freemans
agree to comply with the driveway widt r frictions set forth in §31-59, Iowa City Code of
Ordinances upon redevelopment, impr eme t or construction on said property; and
WHEREAS, this City Council did, rsuant to esolution No. 89-129 dated June 13, 1989,
declare its intent and proposal did
of p rtions of vacated Lafayette Street and Unn
Street rights-of-way, described Blow, by sale to Gary L. Freeman and Ralph J. Freeman,
subject to the City retaining rtain public utility pd conservation easements over all or a
portion of the vacated propqrty, to wit:
Commencing at Pie Southeast Corner of Lot , of Block 22, County Seat
Addition to lowCity, Iowa, as recorded in Book and 2, at Page 253 of the
Records of the Johnson County Recorder's Office, thence N 90000'00" W, an
assumed be Pingalong the South Una of said L t 4, 201.68 Leet, to the
Southwestorner thereof; thence N 90°00'00" W, 2V0 feet to the Point of
Beginning) 4hence S 00000'00" W, 79.92 feet, to a PoInVyn the Southerly Right -
of -Way a of Lafayette Street, which Is 71.67 feet, S 89 5'30" W of a 5/8 -Inch
Iron Pirpfound at the Intersection of said Southerly Una, wiI4 the westerly Right-
of-W$i i Una of Relocated Gilbert Street; thence S 89055 o" W, along said
Sogtherly Right -of -Way Una, 28.35 feet, to a 5/8 -Inch Iron Pinlth L.S. 7036 Cap
L.fpGnd at the Top of Bank of Existing Ralston Creek; thence N 05M512" E, 66.25
feet, to a Point on said Top of Bank; thence N 26°51'55" E, 15,69 Tet, to a Point
on said Top of Bank; thence N 07012'47" E, 25.20 feet, to a Pointon said Top
of Bank; thence N 00022'32" E, along said Top of Bank, 55.00\feet, to Its
intersection with the westerly projection of the Northerly Una of said Lot 4;
thence S 90°00'00" E, along said Westerly projection, 12.00 feet, to a Point which
Is 20.00 feet, N 90000'00" W of the Northwest Corner of said Lot 4; thence S
Resolution No.
Page 2
00022'32" W, 80.00 feet, to the Point of Beginning. Said tract of land contains
2920 square feet, more or less, and is subject to easements d restrictions of
record; and
Commencing at the Southwest Corner, of Lot 4, of Bjdck 22, County Seat
Addition to Iowa City, Iowa, as Recorded in Books 1 a9d 2 at Page 253, of the
Records of the Johnson Countv Recorder's Office; thence N 90000'00" W, an
assumed bearing along the South Une of said Blopk 22, 128.24 feet to a Point
on the Westerly R ht -of -Way Une on Relocated ibert Street, which is the Point -
of -Beginning; then S 15°15'20" W, along said esterly Right -of -Way Une, 82.74
feet, to a 5/8 -Inch Iran Pin found at its Inters ction with the Southerly Right -of -
Way Une of Lafayette�Street; thence S 8905 30" W, along said Southerly Right -
of -Way Une, 71.67 feet; thence N 00"00' 0" E, 79.92 feet, to a Point on the
Northerly Right -of -Way Une of Lafayette/Street; thence S 90000'00" E, 93.44 feet
along the Southerly Une\of Lot 4 of s Id Block 22, to the Point of Beginning.
Said tract of land contains\6,593 s9&re feet, more or less, and is subject to
easements and restrictions of recofd; and
WHEREAS, the City Council did a/ti
thfi a publication of notice of this proposal to convey said
property, and did set the date a\r public hearing thereon; and
WHEREAS, following public hean skid proposal held June 27, 1989; and being fully
advised as to the merits of said pl, including partial consideration for the City's obtaining
and/or retaining certain easemerhavin given full study and consideration, this Council
deems that the proposed c nveyance of 4Id portions of vacated street rights-of-way
constitutes excess City prop, and that dispogaI is in the public Interest.
NOW, THEREFORE, BE IT jtESOLVED BY THE C�IT.�' COUNCIL OF THE CITY OF IOWA CITY,
IOWA: / \
1. That the Mayor acrd City Clerk be and are hereblkauthorized, empowered and directed
to execute an0liver a quit claim deed conveying the City's interest in said vacated
portions of LF1,cr
vette Street and Unn Street rights -of` ay to Gary L Freeman and Ralph
J. Freeman and in consideration of the sum $1,OOD.00, subject to the City
retaining pu utility easements over all of said vaca d portions of the rights-of-way;
and further,ubject to the grant of a 20 -foot width con ervation easement to the City
over the area along the east bank of Ralston Creek, for onservation purposes.
2. That the pity Attorney be and is hereby authorized,
said quit claim deed to Freemans, on payment of
foregoipg, and subject to approval by the Legal I
Conservation Easements to be granted to and/or n
impowered and directed to deliver
:onsideretion as Indicated by the
epartmenNf the said Utility and
lained by the. City,
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Resolution No.
Page 3
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
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Resolution No.
Page 3
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
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RESOLUTION NO. 89-179
RESOLUTION ADOPTING THE 1989 COMPREHENSIVE PLAN UPDATE.
WHEREAS, a Comprehensive Plan is a statement of goals and policies of the
j community; and
WHEREAS, the 1978 Comprehensive Plan and the 1983 Update may no longer reflect
the present or anticipated conditions in Iowa City; and
WHEREAS, a viable plan should be reviewed and amended from time to time; and
WHEREAS, the Planning and Zoning Commission and the City Council have held public
meetings and studied the changes which may have taken place within the community
since adoption of the 1978 Comprehensive Plan and the 1983 Update; and
WHEREAS, these bodies have found that many of the general goals and objectives
of the 1978 Comprehensive Plan and the 1983 Update are sti11 applicable, but the
sequence of development within the Iowa City area and certain policies warrant
revision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
The 1989 Iowa City Comprehensive Plan Update be adopted by the City Council of
the City of Iowa City as a development policy which fosters compact and
contiguous growth while allowing the City to provide essential municipal services
in an efficient manner.
It was moved by and seconded by Horowitz the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Ambrisco
—x Balmer
x_ Courtney
�L Horowitz
—� Kubby
Larson
McDonald
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RESOLUTION NO. 89-180
RESOLUTION RATIFYING AND CONFIRMING THE PURCHASE OFFER MADE BY THE
CITY MANAGER FOR THE ACQUISITION OF A PERMANENT SANITARY SEWER
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON PARCEL SIRC 1.25,
ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR RALSTON CREEK
SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to make major
improvements to its wastewater collection and treatment system, including the
construction of a new South Wastewater Treatment Plant and a new interceptor
sewer line to transport wastewater to said plant, which sewer construction
project is known as the Southeast Interceptor/Ralston Creek Segment Sewer
Project; and
WHEREAS, this City Council has been advised and has determined that the
acquisition of certain easements are necessary for the construction of said
public improvements and are for a necessary public purpose; and
WHEREAS, pursuant to Resolution Nos. 89-78 and 89-172, this City Council did
authorize the acquisition of certain easements and property interests for the
25 parcels affected by the Southeast Interceptor/Ralston Creek Segment, Phase
1 project, and for the 20 parcels affected by the Phase 2 project, as determined
by the City's appraisers and set forth therein; and
WHEREAS, the City's appraisers determined that the acquisition value for the
permanent sewer easement and for the temporary construction easement on Parcel
No. SIRC 1.25 is $4,180, but the valuation for said easement was inadvertently
deleted from Resolution No. 89-172; and
WHEREAS, the City Manager did, on June 30, 1989, make an offer to purchase said
easements for the amount of $4,180, subject to council ratification thereof; and
WHEREAS, said offer should now be ratified and confirmed by this City Council.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the Offer to Purchase Permanent Sanitary Sewer Easement
and Temporary Construction Easement on Parcel No. SIRC 1.25, heretofore made by
the City Manager on June 30, 1989, be and the same is hereby ratified and
confirmed.
AND BE IT FURTHER RESOLVED that in the event said easement cannot be acquired
at the appraised value as reflected in said Offer, the City Attorney be and is
hereby authorized and directed to initiate condemnation proceedings to acquire
said easements.
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RESOLUTION NO. 89-180
RESOLUTION RATIFYING AND CONFIRMING THE PURCHASE OFFER MADE BY THE
CITY MANAGER FOR THE ACQUISITION OF A PERMANENT SANITARY SEWER
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON PARCEL SIRC 1.25,
ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR RALSTON CREEK
SEGMENT, PHASE 1 SEWER CONSTRUCTION PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to make major
improvements to its wastewater collection and treatment system, including the
construction of a new South Wastewater Treatment Plant and a new interceptor
sewer line to transport wastewater to said plant, which sewer construction
project is known as the Southeast Interceptor/Ralston Creek Segment Sewer
Project; and
WHEREAS, this City Council has been advised and has determined that the
acquisition of certain easements are necessary for the construction of said
public improvements and are for a necessary public purpose; and
WHEREAS, pursuant to Resolution Nos. 89-78 and 89-172, this City Council did
authorize the acquisition of certain easements and property interests for the
25 parcels affected by the Southeast Interceptor/Ralston Creek Segment, Phase
1 project, and for the 20 parcels affected by the Phase 2 project, as determined
by the City's appraisers and set forth therein; and
WHEREAS, the City's appraisers determined that the acquisition value for the
permanent sewer easement and for the temporary construction easement on Parcel
No. SIRC 1.25 is $4,180, but the valuation for said easement was inadvertently
deleted from Resolution No. 89-172; and
WHEREAS, the City Manager did, on June 30, 1989, make an offer to purchase said
easements for the amount of $4,180, subject to council ratification thereof; and
WHEREAS, said offer should now be ratified and confirmed by this City Council.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the Offer to Purchase Permanent Sanitary Sewer Easement
and Temporary Construction Easement on Parcel No. SIRC 1.25, heretofore made by
the City Manager on June 30, 1989, be and the same is hereby ratified and
confirmed.
AND BE IT FURTHER RESOLVED that in the event said easement cannot be acquired
at the appraised value as reflected in said Offer, the City Attorney be and is
hereby authorized and directed to initiate condemnation proceedings to acquire
said easements.
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It was moved by Larson and seconded by Ambrisco the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
g Courtney
g Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this 11th day of July 1989.
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RESOLUTION NO. 89-181
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT WITH ALTER
TRADING CORPORATION OF DAVENPORT, IOWA FOR THE PROVISION OF
SCRAP METALS RECYCLING SERVICES AT THE IOWA CITY LANDFILL
WHEREAS, the City of Iowa City is undertaking an effort to reduce the volume of solid wastes
disposed of at the Iowa City Landfill and to recycle certain materials from the waste stream;
and
i WHEREAS, an agreement has been negotiated with Alter Trading Corporation to provide scrap
metals recycling services to the City of Iowa City, which agreement, entitled "Agreement For
Scrap Metals Recycling," is attached hereto and made a part hereof; and
WHEREAS, this City Council has been advised and does believe that it would be in the best
interests of the City of Iowa City to enter into said Agreement.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the Agreement for Scrap Metals Recycling attached hereto and
made a part hereof is hereby approved as to form and content.
AND, BE, iT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of
Iowa City, Iowa
It was moved by Balmer and seconded by _ Kubby
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
F.4
Passed and approved this
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
11th day of July 1989,
YOR
ryry���� /, II,, Ap o ed as orm
ATTEST: //ra�i.n,,) 9P 9Cww �� m y,,,� GX%7/3%
CWCLERK Legal Department
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AGREEMENT FOR SCRAP METALS RECYCLING
This Agreement, made and entered into this lith day of July , 1989, by and
between the City of Iowa City (City) and Alter Trading Corporation (Contractor) for services in
connection with scrap metals recycling at the City Landfill.
WHEREAS, the City desires to remove and recycle scrap metal delivered to the City Landfill
in a manner consistent with regulations developed by the U.S, Environmental Protection
Agency, the Iowa Department of Natural Resources and consistent with good environmental
practices, and
WHEREAS, this Agreement fully describes the terms and conditions upon which the Contractor
is willing to perform the work specified.
SCOPE OF WORK
ARTICLE 1
STORAGE AND REMOVAL
1.1. The Contractor shall provide scrap metal recycling services for the City as herein
described.
1.2.
The Contractor shall guarantee to perform all work in a manner satisfactory to and
acceptable by the City.
The Contractor shall provide all necessary labor, equipment, and materials for
performing services described herein. These shall be considered incidental to the
service and no additional compensation will be paid therefore.
The Contractor shall provide steel storage containers with a receiving capacity of 30 49
cubic yards or other City approved storage container (semi, roll off dumpster, etc.) to
be located at the Sanitary Solid Waste Disposal Site (landfill) as requested by the City.
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1.5. The Contractor shall provide such containers in sufficient number to ensure total storage
of all scrap metal delivered to the Landfill.
1.6. The Contractor shall provide pick up and transportation to a bona fide recycling facility
on an as needed basis. Pick up shall occur within 24 hours after notification by the
City that a storage container is full of scrap metal.
1.7. All equipment must be owned or exclusively leased by the Contractor. All equipment
Will be modern, commercially manufactured and in good working condition and will be
subject to inspection at all times during the term of the contract, The Contractor agrees
to have no markings on either vehicles or containers that indicate or tend to indicate
any official relationship between the Contractor and the City.
1.8. The Contractor shall agree to pick up all types of scrap metal delivered to the City
Landfill.
1.9. The Contractor shall haul all material removed from the Landfill in said storage
containers to a bona fide scrap metal recycling facility. Contractor's hauler shall not
be permitted to sort or separate materials at the landfill prior to loading or hauling them
from the landfill.
1.10. Contractor's hauling vehicles shall be weighed on the City's scale upon entry to the
landfill, and, shall be weighed again when loaded and prior to leaving the landfill and
a copy of scale ticket will be given to driver at that time. Records of net weight of
scrap metal leaving the landfill shall be forwarded to the Contractor on a monthly basis,
and shall be deemed accurate and accepted unless objected to by Contractor within
ten (10) days of receipt.
1.11. Access to the Iowa City scrap metal facility will be permitted only during normal landfill
hours of operation. Current hours are 6:00 AM to 5:00 PM, Monday through Saturday.
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ARTICLE 2
RECYCLING
2.1. The Contractor shall recycle scrap metal following generally accepted standards in the
industry.
2.2. The Contractor shall be responsible for all permits, fees, and expenses related to the
disposal of any waste material from its operation which is not recyclable in a manner
consistent with all applicable laws, rules, regulations, etc. promulgated or enforced by
the U.S. Environmental Protectlon Agency g cY ,the Iowa Department of Natural Resources, '
or local solid waste disposal facilities. This provision shall have no application In
situations where the City fails to provide material free from any and all Hazardous
Waste, in which case all expenses related thereto shall be attributed to the City.
2.3. Waste material removed from scrap metal received from the Iowa City Landfill (for 1
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example, shredded fluff, insulation or sound deadening material) shall be hauled to a
solid waste disposal facility of the Contractor's choice. Cost of disposal of same at the
Iowa City Landfill will be at the then current rate per ton; the Contractor may establish
a charge account with the City which shall be paid monthly. I i.
2.4. The Contractor's recycling operation, Including storage of materials to by recycled and +
of recycled materials, shall be conducted on a site which meets the requirements of
applicable Federal, State and local laws and regulations, including zoning ordinances,
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2.5. The Contractor shall keep an accurate and separate record of the tonnage of all
recyclable materials received from the Iowa City Landfill and shall provide such records
to the City.
ARTICLE 3
CiTY'S RESPONSIBILITIES
3.1. The City will Inspect all scrap metal entering the landfill for recycling. The Inspection
will be for the purpose of removing hazardous materials from the scrap metals waste
stream.
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3.2. Hazardous materials, Including but not limited to asbestos, solvents, paint, oil or cans
and drums containing remnants of such materials, and polychlorinated biphenols
(PCB's), will be removed by the City prior to loading Into the storage containers.
3.3. The City will inspect for and remove all potentially hazardous materials including but not
limited to PCB containing elements such as capacitors, ballasts, etc. from all scrap
metal, including but not limited to light fixtures, appliances and similar equipment, even
if those elements do not ordinarily contain PCB's, prior to loading into storage
containers.
3.4. The City will load all scrap metal Into the storage containers and notify contractor when
the storage container is full.
3.5. The City shall fence in the scrap metal storage area at the City landfill to the satisfaction
of the Iowa Department of Natural Resources.
3.6. The City shall provide and maintain suitable access to the storage containers.
ARTICLE 4
GENERAL PROVISIONS
4.1. The City reserves the right to terminate this Agreement if the work herein violates any
State or Federal law or regulation.
4.2. This Agreement shall remain in effect for a period of one year from and after the date
of the City's execution thereof. This Contract may be renewed for additional one year
Increments, at renewal terms negotiated prior to contract extension.
4.3. This Agreement shall be governed by the laws of the State of Iowa.
4.4. The City and the Contractor each is hereby bound, and the successors, executors,
administrators, legal representatives of each, the assigns of the City and the Contractor,
are hereby bound to the other party to this Agreement, and to the successors,
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executors, administrators, and legal representatives of such other party, in respect of
all covenants, agreements, and obligations contained In this Agreement.
4.5. Neither the City nor the Contractor shall assign or transfer its interest In this Agreement
without the written consent of the other. However, the Contractor may employ such
subcontractors as the Contractor may deem appropriate to assist In the performance
of services hereunder, subject to the City's approval, which will not be unreasonably
withheld.
4.6. This Agreement represents the entire and Integrated agreement between the City and
the Contractor and supersedes all prior negotiations, representatives or agreements,
either written or oral. This Agreement may be amended only by written Instrument
signed by both the City and the Contractor. Nothing contained In this Agreement, nor
the performance of the parties hereunder Is Intended to benefit, nor shall Inure to the
benefit of any third party.
4.7. If any one or more of the provisions contained In this Agreement, for any reason, are
hold to be invalid, Illegal, or unenforceable In any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof and this Agreement shall be
construed as If such Invalid, Illegal, or unenforceable provision had never been
contained herein.
4.8. Neither the Contractor nor its subcontractors shall employ any person whose physical
or mental condition Is such that his/her employment will endanger the health and safety
of that person, other persons employed by Contractor, or City employees at or users
of the landfill.
4.9. The Contractor shall not commit any of the following employment practices and agrees
to Include the following clauses In any of its subcontracts:
Contractor agrees not to:
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(a) Discharge from employment or refuse to hire any Individual because of sex, race,
color, religion, national origin, sexual orientation, marital status, age, or disability
unless such disability is related to job performance of such person or employee.
(b) Discriminate against any individual in terms, conditions, or privileges of
employment because of sex, race, color, religion, national origin, sexual
orientation, marital status, age or disability unless such disability is related to job
Performance of such person or employee.
ARTICLE 5
COMPENSATION
5.1. The City shall be paid at a unit price per ton of portion thereof of ferrous metals
supplied to Contractor which originate with the scrap metal waste stream received at
the Iowa City Landfill.
5.2, The unit price per ton of ferrous metals to be paid to the City each month shall be the
difference between the American Metal Market [No. 2 Dealer Bundles High Side Chicago
Market] per ton price on the first effective day of each month, less the unit deduct. The
agreed upon unit deduct is $16,40 per Gross Ton (GT) of ferrous metals. From the
above price, Alter will deduct $40 per hour per trip transportation cost, not to exceed
$160 total cost per trip. Alter will also deduct a monthly box rental fee of $50,00 per
month per box.
5.3. The unit price per ton shall be paid for each ton of ferrous metals recovered from scrap
metals taken from the landfill by Contractor, as measured and determined by Contractor.
To ensure accuracy, Contractor agrees that Its recycling and measurement operations
shall be subject to periodic Inspection and audit by the City.
5,4. Payment to the Iowa City Accounting Division, 410 East Washington St., Iowa City, Iowa
52240 will be due and payable within 30 days of the last day of each month.
Delinquent payments shall draw Interest at 1.5% per month from the due date, until
paid. Contractor also agrees, fl account is turned over to an agency for collection, to
pay court costs plus reasonable attorney fees.
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ARTICLE 6
LIABILITY
6.1. The Contractor is solely responsible for the means, methods, sequencing and
procedures used in fulfilling Its obligations under this Agreement and for the safety of
its personnel and its operations.
6.2. INSURANCE
A. CERTIFICATE OF INSURANCE: CANCELLATION OR MODIFICATION
1. Before commencing work, the Contractor shall submit to the City for
approval a Certificate of Insurance, copies of which are Included with
these specifications, meeting the requirements specified herein, to be in
effect for the full contract period.
2. The Contractor shall notify the City in writing at least thirty (30) calendar
days prior to any changes or cancellation of said policy or policies.
3. Cancellation or modification of said policy or policies shall be considered
Just cause for the City of Iowa City to immediately cancel this Agreement
and/or to halt work under this Agreement.
B. MINIMUM COVERAGE
1. Any policy or policies of insurance purchased by the Contractor to satisfy
Contractor's responsibilities underthis Agreement shall Include contractual
liability coverage, and shall be in the following type and minimum
amounts:
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Tvoe of Coverage
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a. Comprehensive General
Liability
(1) Bodily Injury
(2) Property Damage
Class II
Each Occurrence
$500,000
re ate
$1,000,000
$ 250,000
b. Motor Vehicle Liability &
Property Damage Insurance:
Per Person Per Accident
(1) Bodily Injury $500,000 $1,000,000
(2) Property Damage $ 250,000
C. Workers' Compensation Insurance as required by Chapter 85,
Code of Iowa.
In addition, the Contractor shall be required to comply with the following
provisions with respect to Insurance coverage.
1. The entire amount of Contractor's liability insurance policy coverage limits,
Identified in the policy and on the Certificate of Insurance, must, under
the policy, be available to pay damages for which the Insured Contractor
becomes liable, or for which the insured assumes liability under the f
Indemnity agreement herein contained, and such coverage amount shall i
not be subject to reduction or set off by virtue of investigation or defense
costs incurred by Contractor's Insurer.
2. The entire amount of the Contractor's liability Insurance policy coverage
limits shall be payable by the Contractor's Insurer, with no deductible to
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be paid by, or self -Insured retention to be attributed to, the Contractor
unless this requirement is waived by the City. Contractor's Certificate
of Insurance must set forth the nature and amount of any such deductible
or self -Insured retention.
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1. The entire amount of Contractor's liability insurance policy coverage limits,
Identified in the policy and on the Certificate of Insurance, must, under
the policy, be available to pay damages for which the Insured Contractor
becomes liable, or for which the insured assumes liability under the f
Indemnity agreement herein contained, and such coverage amount shall i
not be subject to reduction or set off by virtue of investigation or defense
costs incurred by Contractor's Insurer.
2. The entire amount of the Contractor's liability Insurance policy coverage
limits shall be payable by the Contractor's Insurer, with no deductible to
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be paid by, or self -Insured retention to be attributed to, the Contractor
unless this requirement is waived by the City. Contractor's Certificate
of Insurance must set forth the nature and amount of any such deductible
or self -Insured retention.
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3. B Contractor's liability Insurance coverage is subject to any special
exclusions or limitations not common to the type of coverage being
provided, such exclusions or limitations shall be noted on the Certificate
of Insurance,
4. The City prefers that Contractor provide it with "occurrence form" liability
Insurance coverages. H Contractor can only provide 'claims -made"
insurance coverages, then the Contractor must comply with the following
requirements:
a. If the Contractor changes insurance carriers, or H Contractor's
insurance coverage is cancelled, during the contract period or
within two years after completion of the Agreement and City's
acceptance of the work, Contractor agrees to immediately notify
the City of such event.
b, h Contractor's Insurance is cancelled or allowed to lapse during
said period, Contractor shall be required to obtain replacement
insurance coverage to fulfill its obligation hereunder.
C. ff, during said period, Contractor voluntarily changes Insurance
carriers, or is required to obtain replacement coverage from
another carrier, Contractor shall either purchase "fail" coverage
from its first carrier effective for a minimum of two years after
Inception thereof, or (2) purchase "prior acts" insurance coverage
from its new carrier, covering prior acts occurring during the
period of this Contract from and after its inception.
d. "Tail" or "prior acts" coverages so provided shall have the same
coverages, with the same limits, as the Insurance specified in this
Agreement, and shall not be subject to any further limitations or
exclusions, or have a higher deductible or self -Insured retention
that the Insurance which it replaces.
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3. B Contractor's liability Insurance coverage is subject to any special
exclusions or limitations not common to the type of coverage being
provided, such exclusions or limitations shall be noted on the Certificate
of Insurance,
4. The City prefers that Contractor provide it with "occurrence form" liability
Insurance coverages. H Contractor can only provide 'claims -made"
insurance coverages, then the Contractor must comply with the following
requirements:
a. If the Contractor changes insurance carriers, or H Contractor's
insurance coverage is cancelled, during the contract period or
within two years after completion of the Agreement and City's
acceptance of the work, Contractor agrees to immediately notify
the City of such event.
b, h Contractor's Insurance is cancelled or allowed to lapse during
said period, Contractor shall be required to obtain replacement
insurance coverage to fulfill its obligation hereunder.
C. ff, during said period, Contractor voluntarily changes Insurance
carriers, or is required to obtain replacement coverage from
another carrier, Contractor shall either purchase "fail" coverage
from its first carrier effective for a minimum of two years after
Inception thereof, or (2) purchase "prior acts" insurance coverage
from its new carrier, covering prior acts occurring during the
period of this Contract from and after its inception.
d. "Tail" or "prior acts" coverages so provided shall have the same
coverages, with the same limits, as the Insurance specified in this
Agreement, and shall not be subject to any further limitations or
exclusions, or have a higher deductible or self -Insured retention
that the Insurance which it replaces.
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5. The City reserves the right to waive any of the Insurance requirements
heroin provided. The City also reserves the right to reject Contractor's
Insurance if not in compliance with the requirements herein provided, and
on that basis to either award the contract to the next bidder, or declare
a default and seek specific performance or termination, as the case may
be.
6. In the event that any of the policies of Insurance or Insurance coverages
Identified on Contractor's Certificate of Insurance are cancelled or
modified, or in the event that Contractor Incurs liability losses, either due
to activities under this Agreement, or due to other activities not under this
Agreement but covered by the same insurance, and such losses exhaust I it
the aggregate limits of Contractor's liability Insurance, then In that event
the City may in Its discretion either suspend Contractor's operations or
activities under this Agreement, or terminate this
Agreement.
7. In the event that any of the policies or Insurance coverages Identified on
Contractor's Certificate of Insurance are cancelled or modified, then In that
event the City may In Its discretion either suspend Contractor's operations
or activities under this Agreement, or terminate this Agreement.
C. HOLD HARMLESS• ENDORSEMENT REQUIRED
1. The contractor shall Indemnify, defend and hold harmless the City of Iowa
City and its officers, employees, and agents from any and all liability, loss,
cost, damage, and expense (Including reasonable attorney's fees and
court costs) resulting from, arising out of, or Incurred by reason of any
claims, actions, or suits based upon or alleging bodily Injury, Including
death, or property damage arising out of or resulting from the Contractor's
operations under this Contract, whether such operations be by Contractor
or by any subcontractor or by anyone directly employed by either of
them, except for liability, loss, cost, damage or expense arising primarily
from the City's negligence.
2. It is further specifically stipulated that the Contractor's insurance coverage
shall Include an endorsement that, with regard to Contractor's insurance
coverage, the Contractor shall never assert any claim against the City,
its officers or employees, arising in any way from this Agreement, except
for claims for damages arising primarily from the City's negligence.
3. Contractor Is not, and shall not be deemed to be, an agent or employee
of the City of Iowa City, Iowa.
I I This Agreement executed the day and year first above written, In duplicate originals.
EI CITY CONTRACTOR
By:
Rnbert Pezley, V
Attest:
Scrap Metal
, Account Executive
SS:
Johnson County )
On this 11.th day of19jr , before me, a Notary Public in and for the
State of Iowa, persona ly appeared John McDonald and Marian K. Karr, to me
personally known, and, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation,
and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in Resolution No. 89-181 adopted
by the City Council on the 11th day of July, 19 89, and that
John McDonald and Marian K. Karr acknowledged tFe execution
of the instrument to be their voluntary act an eed and the voluntary act and
deed of the corporation, by its voluntary executed.
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Notary Public
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AGREEMENT FOR SCRAP METALS RECYCLING
This Agreement, mad Cand entered Into this day of 1989, by and
between the City of tovya City (City) and After Trading Corporation (Contractor) for services in
connection with scrap rgo1als recycling at the City Landfill.
WHEREAS, the City desir to remove and recycle scrap metal delivered to the City Landfill
in a manner consistent ' regulations eveloped by the U.S. Environmental Protection
Agency, the Iowa Departmen of Natural esources and consistent with good environmental
practices, and
WHEREAS, this Agreement fully de¢c/S as the terms and conditions upon which the Contractor
is willing to perform the work spec ad.
1.1. The Contractor
described.
1.2. The Contractc
acceptable by
OF WORK
CLE 1
ND REMOVAL
provide scrap
all guarantee to perform
City.
recycling services for the City as herein
1.3. The Contractor shall provide all necessary labor,
performing services described herein. These shall
service and no additional compensation will be paid i
in a manner satisfactory to and
and materials for
I incidental to the
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1.4. The Contractor shall provide steel storage containers with a receiving capacity of 30 40
cubic yards or other City approved storage container (semi, roll off dumpster, etc.) to
be located at the Sanitary Solid Waste Disposal Site (landfill) as requested by tho City.
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1.5. The Contractor shall provide such containers in sufficient number to ensure total storage
of all scrap metal deliverec�/to the Landfill.\
1.6. The Contractor shall provire pick up and transportation to a bona fide recycling facility
on an as needed basis. Pick up shall occur within 24 hours after notification by the
City that a storage container is full of scrap metal.
1.7. All equipment must be ov
will be modern, commerci
subject to inspection at all
to have no markings on t
any official relationship be
1.8. The Contractor shall agree to
Landfill.
or exclu vely leased by the Contractor. All equipment
:anufact red and In good working condition and will be
Burin the term of the contract. The Contractor agrees
vehic s or containers that indicate or tend to indicate
I the Contractor and the City.
up all types of scrap metal delivered to the City
1.9. The Contractor shall haul all mater I removed from the Landfill in said storage
containers to a bona fide scr metal cycling facility. Contractor's hauler shall not
be permitted to sort or separa materials t the landfill prior to loading or hauling them
andf
from the Iill.
1.10. Contractor's hauling vehic s shall be weighs on the City's scale upon entry to the
landfill, and shall be weig ed again when loads and prior to leaving the landfill and
a copy of scale ticket w I be given to driver at th t time. Records of net weight of
scrap metal leaving the I ndfill shall be forwarded to a Contractor on a monthly basis,
and shall be deemedccurate and accepted unless o jected to by Contractor within
ten (10) days of recei;.
1.11. Access to the Iowa City scrap, em tal facility will be permitted only during normal landfill
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hours of operation, /Current hours are 6:00 AM to 5:00 PM, Monday through Saturday.
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2.1. The Contractor shall
Industry.
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ARTICLE 2
RECYCLING
scrap metal following generally accepted standards in the
2.2. The Contractor shall be responsible for all permits, ees, and expenses related to the
disposal of any waste Starlet from its operation Ich Is not recyclable in a manner
consistent with all appli\cable laws, rules, /regulatl s, etc, promulgated or enforcedby
the U.S. Environmental Protection Agencye Department of Natural Resources,
or local solid waste disposal facilities. vision shall have no application in
situations where the City falls to providel free from any and all Hazardous
Waste, in which case ell ezpa7as relatedshall be attributed to the City.
2.3. Waste material removed from s�
example, shredded fluff, Insulation
solid waste disposal facility of the i
Iowa City Landfill will be at the tit
a charge account with the City
2.4. The Contractor's recycling
of recycled materials, shall
applicable Federal, Statlop 2,5. The Contractor shall �I{{
recyclable materials rq eive
to the City.
received from the Iowa City Landfill (for
I deadening material) shall be hauled to a
is choice. Cost of disposal of same at the
rate per ton; the Contractor may establish
be paid monthly.
9ration, inclu Ing storage of materials to by recycled and
i conducted oa site which meets the requirements of
IC cal laws and \fgulations, including zoning ordinances.
an accurate and s�rate record of the tonnage of all
from the Iowa City dfill and shall provide such records
ARTICLE 3
CtTY'S RESPONSIBILITIES
3.1. The City will (inspect all scrap metal entering the landfill for Yecycling. The inspection
will be for the purpose of removing hazardous materials from\\e scrap metals waste
stream.
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3.2. Hazardous materials, Including but not limited to asbestos, solvents, paint, oil or cans
and drums containing rem s of such materials, and polychlorinated biphenols
(PCB's), will be removed by the City prior to loading into the storage containers.
3.3. The City will Inspect fbr and remove all potentially
limited to PCB contailning elements such as ca
metal, including but not limited to light fixtures, aF
If those elements do not ordinarily contain P
containers.
3.4. The City will load all scrap
the storage container is fL
3.5. The City shall fence in the
of the Iowa Department of
3.6. The City shall provide and
4.1. The City reserves the right
State or Federal law or rer
4.2. This Agreement shall r
of the City's execution
Increments, at renewal
fous materials Including but not
s, ballasts, etc. from all scrap
as and similar equipment, even
prior to loading into storage
Into the /oraa containers and notify contractor when
metalstorea at the City landfill to the satisfaction
access to the storage containers.
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Agreement H the work herein violates any
In effect for a pe'od of one year from and after the date
I. This Contract m y be renewed for additional one year
negotiated prior to ontract extension.
4.3. This Agreement shal)'be governed by the laws of lh$ Stale of Iowa,
4.4. The City and the Contractor each is hereby bound, and the successors, executors,
administrators, legal representatives of each, the assigns of the City and the Contractor,
are hereby bound to the other party to this Agreement, and to the successors,
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executors, administrators, and legal representatives of such other party, in respect of
all covenants, agreement , and obligations contained In this Agreement.
4.5. Neither the City nor the Contractor shall assign or/Vansfer hs Interest in this Agreement
without the written con sent of the other. However, the Contractor may employ such
subcontractors as the Contractor may deem a99proprlate to assist in the performance
of services hereunder, suoject to the City's a3fiproval, which will not be unreasonably
Withheld. \ //
4.6. This Agreement represents th�entire an /Integrated agreement between the City and
the Contractor and supe[sedes�all priop negotiations, representatives or agreements,
either written or oral. This Agr\e<me7 may be amended only by written Instrument
signed by both the City and the Co Factor. Nothing contained in this Agreement, nor
the performance of the parties her der is Intended to benefit, nor shall Inure to the
benefit of any third party.
4.7. H any one or more of the pro ' Ions oo ained in this Agreement, for any reason, are
held to be invalid, illegal, or nenforceabl in any respect, such invalidity, illegality or
unenforceability shall not aff ct any other pr vision hereof and this Agreement shall be
construed as If such Inv id, Illegal, or un forceable provision had never been
contained herein. \
4.8. Neither the Contractor or its subcontractors shall mploy any person whose physical
or mental condition is uch that his/her employment iII endanger the health and safety
of that person, other persons employed by Contracto or City employees at or users
of the landfill.
4.9• The Contractor sffall not commit any of the following employment practices and agrees
to Include the following clauses in any of Its subcontracts: \'•,
Contractor agrges not to:
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(a) Discharge from employment or refuse to hire any Individual because of sex, race,
color, religion, national origin, sexual orientation, marital status, age, or disability i
unless such disability Is related to job performance of such person or employee.
(b) Discriminate age st any individual in terms, conditions, or privileges of
employment be use of sex, race, color, religion, national origin, sexual
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orientation, marital status, age or disability unless such disability is related to job
performance of superson or
ARemploy e.
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ARTICLE
COMPENS TION
5.1. The City shall be paid at a un\pric per ton of portion thereof of ferrous metals
supplied to Contractor which origr with the scrap metal waste stream received at
the Iowa City Landfill
5.2. The unit price per ton of ferrous etals o be paid to the City each month shall be the
difference between the America Metal Me at [No. 2 Dealer Bundles High Side Chicago
Market) per ton price on the fir t effective I y of each month, less the unit deduct. The
agreed upon unit deduct is 16.40 per Gross Ton (GT) of ferrous metals. From the
above price, Alter will dedu $40 per hour pe trip transportation cost, not to exceed
$160 total cost per trip. er will also deduct a onthly box rental fee of $50.00 per
month per box.
5.3. The unit price per ton all be paid for each ton of ferrous metals recovered from scrap
metals taken from the ndfill by Contractor, as measured d determined by Contractor.
To ensure accuracy, ntractor agrees that its recycling a d measurement operations
shalt be subject to anodic Inspection and audit by the Cl ,
5.4. Payment to the
52240 will be
Delinquent pay
paid. Contra
pay court cola(
a City Accounting Division, 410 East Washington St„ Iowa City, Iowa
ue and payable within 30 days of the last day of each month.
lents shall draw Interest at 1.596 per month from the due date, until
r also agrees, If account is turned over to an agency for collection, to
plus reasonable attorney fees.
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6.1. The Contractor is
procedures used in
its personnel and its
6.2. INSURANCE
A.
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ARTICLE 6
LIABILrrY
responsible for the
Us obligations under
1. Before commencing
approval a Certifica
these specifications,
effect for the full col
methods, sequencing and
gement and for the safety of
/the Contractor shall submit to the City for
Insurance, copies of which are included with I
ing the requirements specified herein, to be in
period.
2. The Contractor all notify l8 City in writing at least thirty (30) calendar
days prior to y changes o\1\canceilation of said policy or policies,
3. CancellatiY or modification ofs�id policy or policies shall be considered
just caus for the City of Iowa C \o Immediately cancel this Agreement
and/ort0 haft work under this Aareement.
1. Arty policy or policies of Insurance purchasbd by the Contractor to satisfy
ntractor'sresponsibilities under this Agree me shell Include contractual
Ilabilily coverage, and shall be in the following type and minimum
amounts:
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6.1. The Contractor is
procedures used in
its personnel and its
6.2. INSURANCE
A.
9
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ARTICLE 6
LIABILrrY
responsible for the
Us obligations under
1. Before commencing
approval a Certifica
these specifications,
effect for the full col
methods, sequencing and
gement and for the safety of
/the Contractor shall submit to the City for
Insurance, copies of which are included with I
ing the requirements specified herein, to be in
period.
2. The Contractor all notify l8 City in writing at least thirty (30) calendar
days prior to y changes o\1\canceilation of said policy or policies,
3. CancellatiY or modification ofs�id policy or policies shall be considered
just caus for the City of Iowa C \o Immediately cancel this Agreement
and/ort0 haft work under this Aareement.
1. Arty policy or policies of Insurance purchasbd by the Contractor to satisfy
ntractor'sresponsibilities under this Agree me shell Include contractual
Ilabilily coverage, and shall be in the following type and minimum
amounts:
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Type of Coverage Class 11
a. Comprehensive General
Liability
Each Occurrr
(1) Bodily Injury $500,000
(2) r
operty Damage
Motor� Vehicle Liability 6
Prope\y Damage Insurance:
(1) Bodily Injury $
(2) Property Damage
C. Workers' Cort
Code of Iowa..
In addition, the Contractor
provislons with respect to in
hggregate
$1,000,000
S 250,000
rson Per Accident
00 $1,000,000
$ 250,000
as required by Chapter 85,
be required to comply with the following
e coverage.
1. The entire amount of ntra is liability insurance policy coverage limits,
Identified in the p icy and o the Certificate of Insurance, must, under
the policy, be av lable to pay mages for which the insured Contractor
becomes liable or for which t e Insured assumes liability under the
Indemnity agr ement herein conta ed, and such coverage amount shall
not be subje to reduction or set o by virtue of investigation or defense
costs Incur ed by Contractor's insur r.
2. The anti a amount of the Contractor's liability Insurance policy coverage
Urn Fd
all be payable by the Contractor\'iInsurer, with no deductible to
beby, or sell -insured retention to be''attributed to, the Contractor
unlhis requirement is waived by the City. Contractor's Certificate
of Insurance must set forth the nature and amount of any such deductible
or self -Insured retention.
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Type of Coverage Class 11
a. Comprehensive General
Liability
Each Occurrr
(1) Bodily Injury $500,000
(2) r
operty Damage
Motor� Vehicle Liability 6
Prope\y Damage Insurance:
(1) Bodily Injury $
(2) Property Damage
C. Workers' Cort
Code of Iowa..
In addition, the Contractor
provislons with respect to in
hggregate
$1,000,000
S 250,000
rson Per Accident
00 $1,000,000
$ 250,000
as required by Chapter 85,
be required to comply with the following
e coverage.
1. The entire amount of ntra is liability insurance policy coverage limits,
Identified in the p icy and o the Certificate of Insurance, must, under
the policy, be av lable to pay mages for which the insured Contractor
becomes liable or for which t e Insured assumes liability under the
Indemnity agr ement herein conta ed, and such coverage amount shall
not be subje to reduction or set o by virtue of investigation or defense
costs Incur ed by Contractor's insur r.
2. The anti a amount of the Contractor's liability Insurance policy coverage
Urn Fd
all be payable by the Contractor\'iInsurer, with no deductible to
beby, or sell -insured retention to be''attributed to, the Contractor
unlhis requirement is waived by the City. Contractor's Certificate
of Insurance must set forth the nature and amount of any such deductible
or self -Insured retention.
In
3. If Contractor's liability Insurance coverage is subject to any special
exclusions or limitations not common to the type of coverage being
provided, such exclusions or limitations shall be noted on the Certificate
of Insurance. ,
IN
The City prefers
Insurance coves
Insurance coven
requirements:
Contractor provide it th "occurrence form" liability
If Contractor ca only provide "claims -made"
then the Contract must comply with the following
a. If the Contra
insurance cove
within two year,
acceptance of tl
the City of such
changes nsurance carriers, or If Contractor's
Is
is celled, during the contract period or
after mpletion of the Agreement and City's
wo , Contractor agrees to immediately notify
b. If Contractor's/Inra ceiscancelled or allowed to lapse during
said period, Cct r shall be required to obtain replacement
insurance cov to illi its obligation hereunder.
C. If, durings/aid period, tractor voluntarily changes Insurance
carriers, of is required t obtain replacement coverage from
another /trier, Contractor hall either purchase Sail" coverage
from its first carrier effective for a minimum of two years after
incepts n thereof, or (2) punch a "prior acts" insurance coverage
from s new carrier, covering rior acts occurring during the
perio of this Contract from and fter Its inception.
d. 'Tall" or "prior acts" coverages so provided shall have the same
coLerages, with the same limits, as the Insurance specified in this
reement, and shall not be subject to any further limitations or
xclusions, or have a higher deductible or soft -insured retention
hat the insurance which it replaces.
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5. The City reserves the right to waive any of the Insurance requirements
herein provided. The City also reserves the right to reject Contractor's
insurance it not in compliance with the requirements herein provided, and
on that basis to either ward the contract to the next bidder, or declare
a default and seek pecific performance or termination, as the case may
be.
6. In the event that any of the policies of Insurance or insurance coverages
Identified on Con actor's Certificate 6f Insurance are cancelled or
modified, or in the a ant that Contra r incurs liability losses, either due
to activities under this Agreement, due to other activities not under this
Agreement but covers by the s e insurance, and such losses exhaust
the aggregate limits of ontra or's liability Insurance, then In that event
the City may in its discr tion either suspend Contractor's operations or
activities under this Agra ent, or terminate this Agreement.
7. In the event that any of a oticias or Insurance coverages Identified on
Contractor's Cortificat of Insu ance are cancelled or modified, then in that
event the City may i is discreli n either suspend Contractor's operations
or activities under is Agreeme t, or terminate this Agreement.
HOLD HARMLESS: EN ORSEMENT REO IRED
t. The con/tract shall Indemnify, defend nd hold harmless the City of Iowa
City and its fficers, employees, and ag is from any and all liability, loss,
cost, dam ge, and expense (including asonable attorney's fees and
court cos ) resulting from, arising out of, or incurred by reason of any
claims, coons, or suits based upon or all Ing bodily injury, including
death,qr property damage arising out of or resulting from the Contractor's
operat Ens under this Contract, whether such operations be by Contractor
or by/any subcontractor or by anyone directly employed by either of
the ,, except for liability, loss, cost, damage or expense arising primarily
fro the City's negligence.
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2. N is further specifically stipulated that the Contractor's insurance coverage
shall Include an endorsement that, with regard to,Contractor's Insurance
coverage, the Contractor shall never assert anyrclaim against the City,
its officers or employees, arising in any way it rin this Agreement, except
for claims for damages arising primarily fro5n the City's negligence.
3. Contractor Is not, and shall not be
of the City of Iowa City, Iowa.
This Agreement executed the day
CITY
CITY OF IOWA CITY, IOWA
year first above
By: \ / Jo By:
n McDona ,Mayor
Attest: / \ Attest:
Marian K. Karr, City C er
State of Iowa )
) SS:.
Johnson County )
On this day of 9 before
State o Iowa, persona y app areT John McD ('e
Personally known, and, who be ng by me duly s c
Mayor and City Clerk, respecti ely, of the City of
affixed to the foregoing ins rument is the corps
and that the instrument was igned and sealed on
authority of its City Coun 1, as contained in
by the City Council on he day of _
a
to be, an agent or employee
In duplicate originals,
CONTRACTOR
a Notary Public in and for the
d and Marian K. Karr, to me
'n, did say that they are the
Iowa City, Iowa; that the seal
'ate seal of the corporation,
>ehalf of the corporation, by
olution No. adopted
, A--7,—and that
nq on
'ac now edged he executi
o t e instrument to a their vo untary act an eed\and the voluntary act and
deed of the corporation,, y its voluntary executed_ \
otary Pu is
-M FORIM 74G/F�
LEGAL DEPARTMENT
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2. N is further specifically stipulated that the Contractor's insurance coverage
shall Include an endorsement that, with regard to,Contractor's Insurance
coverage, the Contractor shall never assert anyrclaim against the City,
its officers or employees, arising in any way it rin this Agreement, except
for claims for damages arising primarily fro5n the City's negligence.
3. Contractor Is not, and shall not be
of the City of Iowa City, Iowa.
This Agreement executed the day
CITY
CITY OF IOWA CITY, IOWA
year first above
By: \ / Jo By:
n McDona ,Mayor
Attest: / \ Attest:
Marian K. Karr, City C er
State of Iowa )
) SS:.
Johnson County )
On this day of 9 before
State o Iowa, persona y app areT John McD ('e
Personally known, and, who be ng by me duly s c
Mayor and City Clerk, respecti ely, of the City of
affixed to the foregoing ins rument is the corps
and that the instrument was igned and sealed on
authority of its City Coun 1, as contained in
by the City Council on he day of _
a
to be, an agent or employee
In duplicate originals,
CONTRACTOR
a Notary Public in and for the
d and Marian K. Karr, to me
'n, did say that they are the
Iowa City, Iowa; that the seal
'ate seal of the corporation,
>ehalf of the corporation, by
olution No. adopted
, A--7,—and that
nq on
'ac now edged he executi
o t e instrument to a their vo untary act an eed\and the voluntary act and
deed of the corporation,, y its voluntary executed_ \
otary Pu is
-M FORIM 74G/F�
LEGAL DEPARTMENT
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RESOLUTION NO. 89-182
RESOLUTION AWARDING, AND AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY A CONTRACT WITH
MCCOMAS-LACINA CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF
$949,093.00 FOR THE CIVIC CENTER POLICE AND FIRE DEPARTMENTS
REMODELING AND EXPANSION PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to remodel, improve and
expand its Police Department and Fire Department facilities located in the Civic
Center; and
WHEREAS, pursuant to Resolution No. 89-117, passed and approved on May 30, 1989,
the City Council approved the plans and specifications for said project,
authorized publication of notice to bidders, and set June 29, 1989, as the bid
deadline; and
WHEREAS, McComas-Lacina Construction Company, Inc. was the only bidder
submitting a bid for said project on June 29, which bid was as follows:
A. Fire Dept. Base Bid $437,850
B. Police Dept. Base Bid 493,746
C. Add Alternate N6 55,341
(Deck for Fire Dept.)
D. Add Alternate A7 9,397
(Exhaust System Fire Dept.)
E. Sprinkler System 32,000
(Fire Protection)
F. Generator Relocation 3,200
G. North Drive Construction 10,500
H. Sewer Line Extension $42.50/LF
WHEREAS, the Base Bid plus items D through H were approximately $121,700 above
the City Architect's project estimate of $865,000; and
WHEREAS, pursuant to discussions with McComas-Lacina to clarify project
specifications; McComas-Lacina has agreed to deducts to the cost of construc-
tion, as follows:
1. Delete Termite Control $ 900
2. Change 6" decorative aluminum $ 2,000
conduit to 6" thin wall steel
3. Conform to specifications on $32,700
temperature controls
4. Delete removal of tile flooring 2,000
TOTAL DEDUCTS $37,600; and
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I Resolution No. 89-182
Page 2
WHEREAS, city staff has recommended the award of the construction contract to
McComas-Lacina Construction Company, Inc., including Add Alternate #7 and with
the deducts identified above, bringing the contract price for said project, as
modified, to $949,093.00.
NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, that the contract for construction of the Civic Center
Police and Fire Departments' Remodeling and Expansion Project, including Add
Alternate #7 and modified by deducts therefrom as indicated above, is hereby
awarded to McComas-Lacina Construction Company, Inc. for a contract price of
$949,093.00, subject to the condition that the awardee secure and submit
adequate performance and labor and material bonds, insurance certificates,
contract compliance program statements, as required by the contract documents.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to execute and attest said contract, respectively, for
and on behalf of the City of Iowa City, Iowa, and to deliver same to awardee
upon awardee's performance of the conditions stated above.
It was moved by -Courtney and seconded by Horornaitz the
Resolution be adopte , and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Balmer
X Courtney
R Horowitz
g Kubby
X Larson
X McDonald
Passed and approved this 11th day of July , 1989•
ATTEST: 2&,.:_� 1C,.✓
CHY CLERK
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ADVERTISEMENT FOR BIDS
CIVIC CENTER POLICE & FIRE EXPANSION
Sealed proposals will be received by the City Clerk of the
City of Iowa City, Iowa, until 10:30 am. on the 29th day of
June, 1909, and opened Immediately thereafter by the City
Engineer. Proposals will be acted upon by the City Council
at a meeting to be held in the Council Chambers at 7:30 P.M.
on July 11, 1989, or at such tater time and place as may then
be fixed.
The work will Involve the following:
Expansion and remodeling of the Police and Fire
Department facilities at the Iowa City Civic Center, 410 E.
Washington Street. Work Includes the construction of 5,867
square feet of new space and the remodeling of 7,569 square
feet of existing space and the Installation of a new driveway
and parking lot entrance immediately north of the Fire
Department.
All work is to be done in strict compliance with the plans
and Specifications prepared by Francis K Farmer, P.E., City
Engineer of Iowa City, Iowa, which have herelofore been
approved by the City Council, and are on file for public exami-
nation in the Office of the City Clerk.
Each proposal shall be completed on a form furnished by
the City and must be accompanied in a sealed envelope,
separate from the one containing the proposal, by either of the
following forms of bid security: (1) a certified or cashier's
check drawn on a solvent Iowa bank or a bank chartered
under the laws of the United States or a certified share draft
drawn on a credit union In Iowa or chartered under the laws
of the United States, in an amount equal to 10% of the bid, or
(2) a bid bond executed by a corporation authorized to
contract as a surety in the State of Iowa, In a penal sum of
10% of the bid. The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall
be forfeited to the City of Iowa City as liquidated damages in
the evert the successful bidder fails to enter Into a contract
within ten (10) days and post bond satisfactory to the City
Insuring the faithful performance of the commct and
maintenance of said work, H required, pursuant to the
Provisions of this notice and the other contract documents.
Checks of the lowest two or more bidders may be retained for
a Period of not to exceed fifteen (15) days until a contract is
awarded or rejection is made. Other checks will be returned
after the canvass and tabulation of bids Is completed and
reported to the City Council
Payment to the Contractor will be made as specified In the
Instructions to Bidders, Section 236.
The successful bidder will be required to fumish a bond In
an amount equal to one hundred percent (100%) of the
contract Price, said bond to be Issued by a responsible surety
approved by the City Council and shall guarantee the prompt
Payment of all materials and labor and protect and save
harmless the City from claims and damages of any kind
caused by the operation of the contract, and shall also
guarantee the maintenance of the Improvement for a period of
one year from and after its completion and acceptance by the
City.
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The following limitations shall apply to this project:
Completion Date: May 1, 1990
Liquidated Damages: 1200/day
The plans, Specifications and proposed contract documents
may be examined at the Office of the City Clerk. Copies of
said plans and specifications and form of proposal blanks may
be secured at the Office of Francis K Farmer, P.E., City
Engineer of Iowa City, Iowa, by bona fide bidders. Return all
plans and specifications to the City Engineers office in good
condition within fifteen (15) days alter the opening of the bids.
All questions regarding plans and specifications shall be
referred to Jim Schoentelder, City Architect (3565044, office
located In Civic Center).
Prospective bidders are advised that the City of Iowa City
desires to employ minority contractors and subcontractors on
City projects.
The Contractor awarded the contract shall submit a list of
Proposed subcontractors along with quantities, unit prices and
amounts before starting construction. If no minority business
enterprises (MBE) are utilized, the Contractor shall furnish
documentation Of all efforts to recruit MBE's.
A listing of minority contractors Is available and can be
obtained from the CNII Rights Specialist at the Iowa City Civic
Comer by calling 319/3565022
By virtue of statutory authority, preference will be given to
products and provisions grown and coal produced within the
State of Iowa, and to Iowa domestic labor, to the extent
.lawfully required under Iowa Statutes, The Iowa Reciprocal
Preference Act (SF 2160) applies to the contract with respect
to bidders who are not Iowa residents.
The City reserves the right to reject any or all proposals and
to waive technicalities and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K KARR, CITY CLERK
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The following limitations shall apply to this project:
Completion Date: May 1, 1990
Liquidated Damages: 1200/day
The plans, Specifications and proposed contract documents
may be examined at the Office of the City Clerk. Copies of
said plans and specifications and form of proposal blanks may
be secured at the Office of Francis K Farmer, P.E., City
Engineer of Iowa City, Iowa, by bona fide bidders. Return all
plans and specifications to the City Engineers office in good
condition within fifteen (15) days alter the opening of the bids.
All questions regarding plans and specifications shall be
referred to Jim Schoentelder, City Architect (3565044, office
located In Civic Center).
Prospective bidders are advised that the City of Iowa City
desires to employ minority contractors and subcontractors on
City projects.
The Contractor awarded the contract shall submit a list of
Proposed subcontractors along with quantities, unit prices and
amounts before starting construction. If no minority business
enterprises (MBE) are utilized, the Contractor shall furnish
documentation Of all efforts to recruit MBE's.
A listing of minority contractors Is available and can be
obtained from the CNII Rights Specialist at the Iowa City Civic
Comer by calling 319/3565022
By virtue of statutory authority, preference will be given to
products and provisions grown and coal produced within the
State of Iowa, and to Iowa domestic labor, to the extent
.lawfully required under Iowa Statutes, The Iowa Reciprocal
Preference Act (SF 2160) applies to the contract with respect
to bidders who are not Iowa residents.
The City reserves the right to reject any or all proposals and
to waive technicalities and irregularities.
Published upon order of the City Council of Iowa City, Iowa.
MARIAN K KARR, CITY CLERK
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RESOLUTION N0. 89-183
RESOLUTION AUTHORIZING EXECUTION OF THREE SEPARATE AGREEMENTS FOR
SANITARY SEWER EASEMENT.
WHEREAS, the City of Iowa City, Iowa, has negotiated Sanitary Sewer Easement
Agreements with Joyce Ashton and Marshall McKusick; Mary Keough and Herbert
Lyman; and Albert H. Carr, a copy of said Agreements being attached to this
Resolution and by this reference made a part hereof; and
WHEREAS, the City Council deems it in the public interest to enter into said
Agreements with Joyce Ashton and Marshall McKusick; Mary Keough and Herbert
Lyman; and Alfred H. Carr.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA,
1. That the Mayor and City Clerk are hereby authorized and directed to
execute the Agreements with Joyce Ashton and Marshall McKusick; Mary
Keough and Herbert Lyman; and Alfred H. Carr.
2. That the City Clerk shall furnish copies of said Agreements to any citizen
requesting same.
It was moved by Balmer and seconded by Larson the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X—
Ambrisco
X
Balmer
X
X
Courtney
X
Horowitz
X
Kubby
X
Larson
McDonald
Passed and approved this 11th day of _ July , 1989.
CORPORATE SEA DRApprove
C-_Legad a Form
ATTEST: CITY CLERK lP-M
CITDepartment
7- 7- PY
Vis 1.070 Pis: 255'
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SANITARY SEWER EASEMENT AGEE14ENT
THIS AGREEMENT, made and entered into by and between
Mary Keough Lyman and Herbert Lyman, wife and husband, _
hereinafter referred to as "property owners", which
expression shall include their successors in interest and
assigns, and the City of Iowa City, Iowa, hereinafter
referred to as "City", which expression shall include its
successors in interest and assigns, WITNESSETH:
IT IS HEREBY AGREED AS FOLLOWS:
For the sum of $1.00 plus other valuable
consideration, the receipt of which is hereby acknowledged,
property owners hereby grant and convey to City an easement
for the purpose of excavating for and the installation,
replacement, maintenance and use of such sanitary sewage
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lines, pipes, mains and conduits as City shall from time to
time elect for conveying sewage and all necessary
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appliances and fittings for use in connection with the said i
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pipe lines, but limited to only one manhole, together with
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adequate protection therefore, and also a right-of-way,
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with right of ingress and egress thereto, over and across
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the following described strip of land situated in Iowa
City, Johnson County, Iowa, to -wit: 9
Commencing at the Southeast Corner of the Southwest t
Quarter of Section 4, Township 79 North, Range 6 West
'
of the 5th. Principal Meridian; Thence N88°51'00"W, (A
Recorded Bearing) 50.00 feet; Thence N1"02'00"E, (An
rjr
Assumed Bearing for the purpose of this 'Legal
Description) 464.29 feet, to the Point of Beginning; I
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Thence N88°58'00"W, 13.29 feet; Thence NO1'OB'00"E, h
98.45 feet; Thence S88050100"E, 15.67 feet to a Point
on .the Westerly. Right -of -Way Line of Normandy Drive;
s+i
Thence Southwesterly 40.00 feet, along said Westerly ;t
Line, on a 1202.1 foot radius curve concave
Southeasterly whose 40.00 foot chord bears
S02'05'12"W; Thence S1°08'00"W, along said Westerly
Line 58.43 feet; Thence N88°58100"W, 1.71 feet, to the r
Point of Beginning. ;
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Property owners do further grant to City the following:
1. The right of grading said strip of land for the
full width thereof at the time of the initial installation
of the sewer line, provided that trees located thereon are
preserved except as provided in paragraph 2. of this
agreement.
2. The right from time to time to trim and to cut
down and clear away only such trees and brush on said strip
or immediately adjacent thereto which now or hereafter are
a direct hazard to said lines or materially interfere with
the exercise of City's rights hereunder. Jr
3. City shall indemnify property owners against any I
loss and damage which shall be caused by the exercise of I�
said ingress and egress, construction maintenance or by any
F ..:.:
wrongful or negligent act, omission of City or of its
agents or employees in the course of their employment.
This provision includes the obligation of the City to
restore or pay the expense of restoring any damage to
property owners improvements on the easement strip
permitted hereunder.
4. Property owners reserve the right to use said
strip for paved driveway access and any other purposes
which will not interfere with the City's full enjoyment of
the rights hereby granted; provided that property owners
shall not erect or construct any building or other
structure, or drill or operate any well, or construct any
reservoir or other obstructions on said area, or diminish
or substantially add to the ground cover over said
pipelines. Property owners shall further be permitted to
incorporate any manholes into a surfaced driveway, which
vu!:•1'070 fA.- 257
i
i
i
Property owners do further grant to City the following:
1. The right of grading said strip of land for the
full width thereof at the time of the initial installation
of the sewer line, provided that trees located thereon are
preserved except as provided in paragraph 2. of this
agreement.
2. The right from time to time to trim and to cut
down and clear away only such trees and brush on said strip
or immediately adjacent thereto which now or hereafter are
a direct hazard to said lines or materially interfere with
the exercise of City's rights hereunder. Jr
3. City shall indemnify property owners against any I
loss and damage which shall be caused by the exercise of I�
said ingress and egress, construction maintenance or by any
F ..:.:
wrongful or negligent act, omission of City or of its
agents or employees in the course of their employment.
This provision includes the obligation of the City to
restore or pay the expense of restoring any damage to
property owners improvements on the easement strip
permitted hereunder.
4. Property owners reserve the right to use said
strip for paved driveway access and any other purposes
which will not interfere with the City's full enjoyment of
the rights hereby granted; provided that property owners
shall not erect or construct any building or other
structure, or drill or operate any well, or construct any
reservoir or other obstructions on said area, or diminish
or substantially add to the ground cover over said
pipelines. Property owners shall further be permitted to
incorporate any manholes into a surfaced driveway, which
vu!:•1'070 fA.- 257
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f_ FOR THELEGALEFFECTOFTIIEUSE
t OF TNIS FORM, CONSULT YOUR LAWYER
STATE OF IOWA, Johnson COUNTY, ss:
On this lith day of July 19 89 , before me,
the undersigned, a Notary Public In and for the State of Iowa, personally appeared John McDonald and
Marian K. Karr , tome personally known, who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Iowa City. , Iowa; a municipal corporation; that the seal affixed to
the foregoing Instrument Is the corporate seal of the corporation, and that the instrument was signed and sealed on
behalf of the corporation, by authority of Its City CResolution 89.183
ouncil, as contained in No. passed by
X090(i)DOW the City Council under Roll Call No. --- of the City Council on the llth day
of Tiny ,19 89 ;and John McDonald
and Marian K. Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the
voluntaryact and deed of the corporation, by it voluntarily executed.
_ Notary Public in and for said State.
IOWA STATE BAR ASSOCIATION '
.OIticlal FOrnnNG.182 . (RWe McM1Rp1FU,eU, Sme of lawF, 15611 ' ISeOun SSB.JS, GOEFOI Ioxq
This PHnlinp January. 1986 - -
Acknowledgement: For use in the case of municipalities
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IOWA CITY, IOWA I nes T•Iwu. iA.W- m. Hn P.".
7036
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SANITARY SEWER EASEM69T AGRE91M
HIIS AGREGiFNf, made and entered into by and between JOYE ASif1ClN
'
erred to as
hereinafter referred
piCKUSICK and MAILSIIALL EICINSICK, wife and husband, her
L.
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"property owners", which expression shall include their successors in interest
and assigns and the CITY OF IOWA CITY, IOWA, hereinafter referred to as "City",
-
which expression shall include their successors in interest and assigns,
WITNESSETH:
IT Is i®2EBY AGREM AS F3LLONS:
{
For the sum of $1.00 plus other valuable consideration, the receipt of
Which is hereby acknowledged, property owners hereby grant and convey to City an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such sanitary sewage lines, pipes, mains, and conduits as
City shall from time to time elect for conveying sewage and all necessary
'
appliances and fittings for use in connection with the said pipe lines, together
�{
with right or
with adequate protection therefore, and also aright -of -way, i gh
-"
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thereto, over and across the following described tract of
ingress and egress
ground situated in Iowa City, Johnson County, Iowa, to -wit:
(The Easterly 15 feet of the following described tract as described
r:
,y
and as set forth on the plat thereof, which is marked Exhibit A, and
„
made a part hereof, as though incorporated herein.)
following:
} '
property owners do further grant to City the
1. The right of grading said strips for the full width thereof and to
extend the cuts and fills for such grading into and on said lords along and
^
outside of said lines to such extent as City may find reasonably necessary.
2. The right from time to time to trim and to cut down and clear away
^ 1i'
and all trees and brush on said strips and to trim and to cut down and clear,
any
666 0
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away any trees on either side of said strip which now or hereafter in the
of City may be a hazard to said lines or may interfere.'with the exercise
a..
t reel 4�
opinion
of City's rights hereunder in any manner.
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3. City shall indemnify property owners against any loss and damage
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which shall be caused by the exercise of said ingress and egress, construction
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261
maintenance or by any wrongful or negligent act, omission of City or of its
agents or employees in the course of their employment
9. Property owners reserve the right to use said strips for purposes
which will not interfere with City's full enjoyment of the rights hereby
granted; provided that property owners shall not erect or construct any building
or other structure, or drill or operate any well, or construct any reservoir or
other obstructions on said area, or diminish or substantially add to the ground
cover over said pipelines.
5. Property owners do hereby covenant with City that they are
lawfully seized and possessed of the real estate above described; that it has
good and lawful right to convey It, or any part thereof.
The provisions hereby shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all covenants shall
apply to and run with the land.
DATED this —±— day of , 1989.
PROPERTY OWNERS/ CITY OF IOWA CITY, IOWA
P� r/�LI Z by: (Jaftl�
2 ASI]TON MCKUSI ' JOIN MCDONALD, Mayor
%LIAE& by: 22! ti 7f-' 7( .
MARSHALL MMSICK MARW K. KARR, City Clerk
STATE OF IOWA j as: CORPORATE SEAL
COUNTY OF JOIINSON -✓ )
On this 'c day of �r 1989, before me, the undersigned, a
Notary Public in and for the Stnte of Iowa, personally appeared Joye Ashton
McKusick and Marshall McKus ck, wife and husband, to me personally known to be
the persons named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voluntary act spoleed.
4 MARI011 1 �1V I/ 4
MY Comm Y VVV
SeptemEn NO ARY P06
7:ze:
STATE 6P IOWA )
) ss:
COUNTY OF JOHNSON )
on this J]41- day of �{{ 1989, before me, the undersigned, a
Notary Public In and for the StaCe of Iowa, personally appeared John McDonald
and Marian K. Karr, to me personally known, -.-ho, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal
2
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LEGAL DEPARTMENT
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corporation; that the seal affixed hereto is the
seal of said municipal
corporation; that said instrument was signed and
sealed on behalf of said
municipal corporation, and that the said John McDonald
("
and Marian K. Karr
acknowledged the execution of said instrument
to be the voluntary act and deed
of said municipal corporation,
by itand by them voluntarily executed.
NOTAMY PUULIC
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NOTARIAL
SEAL
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EXHIBIT A
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�.- 589.58'03"E
60.00• 1 ,V.O.W. 1
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N89'SH'S7-W /6P. Q6' ''I �I
N.wrM C.✓w M b Fo, rw..r O/ L... .'JII '
/w W"R.~ DO,. !�. 873, . 07-? x41 w I
_____________n
h.I
SW COR , Sle. 4, r 79.v, ^ ^
/RGW 540 P. /A. O; I
1/a " Pim! /N CeYvc. 00 M
1 N90•00'
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590-00'00'.5 Z507.43' � r 49. /01
SANITARY SEWER EASEMENT
LEGAL_ DESCRIPTION..
SW 1/, 4111C.9N, RLI✓-
P. M.
!/e • PIN /N
wc!
(fhe Easterly 15.00 feet.of the following described tract:
Commencing at the Southeast Corner of the Southwest Quarter of Section 4,
_
�lownahlp. T9North,-Rsnpe'6-West,-ofthe 6th. Principal Meridian; Thence
790.00'00"W, along the South Line. of said Southwest Quarter 49.10 feet to
the Westerly Right -of -Way Line of Normandy Drive; Thence N00.07157"E, along
,paid Westerly Right -of -Way Line 366.71 feet to the Point of Beginning of -
Tract "B"; Thence.N89'58r57_'W, 152.86 feet to the Easterly Line of a Tract
hof Land as Recorded in Plat Book 2, at Page 108 of the Recordsof the
Johnson County Recorder's Office; Thence N00.0410311W, along said Easterly
Line 99.75 feet, to the Southerly Line of a Tract of Land as Recorded in
Flat Book 27, at Page 59, of the Records of the Johnson County Recorder's
Office;- Thence 589.58'03"E, along said Southerly Line, 153.21 feet to said
.lesterly Right -of -Way Line of Normandy Drive; Thence S00.07157"W, along
said Right -of -Way Line 99.71 feet, to the Point of Beginning.
D.
Y Y plat, Pr Yreport
I hareb. cartif that this lat me curve or woe made
by ma or under my direct personal supervision and that I em e
duly registered Lend Surveyor under the Iowa of State of Iowa.. 7036 �iz"
Signed
Date 1/ _
<9y p
W P..
R O. Mick�g. 7036 -'� ' 19
— t �'*,&1'S,URVE���+���`,`,``
�Suba ibed andworn to before me thio daI. y of', 19�,
/r1� ✓ AR/AL S)710j. ,70 ME 264
'Notary blic in and for t State of Iowa ,�
x"" -CITY oe MAC.ITY' ..
6•Guv[1x[xl T
15'WIDE 6La1.liTAfir. 6EYJ�3L.
3
MMS CONSULTANTS. INC.
.-2dSEg.AF].1T —
N(OAKK#:
.•rxro[nr laxcx rouxa
DESCRIPTION
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o•S/a' ,) . 10 rIX Y/
is. is sr'1
71v n 9 PoRrtaw 0,► 7a'! 41W, SW ✓4, Xre. A
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IOWA CITY • IOWA
O°
- .---EXISTING,INGL
r7YN, ^W - 5CO P. A7. /6Ww e1rr, 1~4
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316~161-s»I
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N.wrM C.✓w M b Fo, rw..r O/ L... .'JII '
/w W"R.~ DO,. !�. 873, . 07-? x41 w I
_____________n
h.I
SW COR , Sle. 4, r 79.v, ^ ^
/RGW 540 P. /A. O; I
1/a " Pim! /N CeYvc. 00 M
1 N90•00'
�
590-00'00'.5 Z507.43' � r 49. /01
SANITARY SEWER EASEMENT
LEGAL_ DESCRIPTION..
SW 1/, 4111C.9N, RLI✓-
P. M.
!/e • PIN /N
wc!
(fhe Easterly 15.00 feet.of the following described tract:
Commencing at the Southeast Corner of the Southwest Quarter of Section 4,
_
�lownahlp. T9North,-Rsnpe'6-West,-ofthe 6th. Principal Meridian; Thence
790.00'00"W, along the South Line. of said Southwest Quarter 49.10 feet to
the Westerly Right -of -Way Line of Normandy Drive; Thence N00.07157"E, along
,paid Westerly Right -of -Way Line 366.71 feet to the Point of Beginning of -
Tract "B"; Thence.N89'58r57_'W, 152.86 feet to the Easterly Line of a Tract
hof Land as Recorded in Plat Book 2, at Page 108 of the Recordsof the
Johnson County Recorder's Office; Thence N00.0410311W, along said Easterly
Line 99.75 feet, to the Southerly Line of a Tract of Land as Recorded in
Flat Book 27, at Page 59, of the Records of the Johnson County Recorder's
Office;- Thence 589.58'03"E, along said Southerly Line, 153.21 feet to said
.lesterly Right -of -Way Line of Normandy Drive; Thence S00.07157"W, along
said Right -of -Way Line 99.71 feet, to the Point of Beginning.
D.
Y Y plat, Pr Yreport
I hareb. cartif that this lat me curve or woe made
by ma or under my direct personal supervision and that I em e
duly registered Lend Surveyor under the Iowa of State of Iowa.. 7036 �iz"
Signed
Date 1/ _
<9y p
W P..
R O. Mick�g. 7036 -'� ' 19
— t �'*,&1'S,URVE���+���`,`,``
�Suba ibed andworn to before me thio daI. y of', 19�,
/r1� ✓ AR/AL S)710j. ,70 ME 264
'Notary blic in and for t State of Iowa ,�
x"" -CITY oe MAC.ITY' ..
lechnlgraphlcs 88002
iaa3.
6•Guv[1x[xl T
(f SANITARY SEWER
MMS CONSULTANTS. INC.
N(OAKK#:
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DESCRIPTION
i r �.
o•S/a' ,) . 10 rIX Y/
is. is sr'1
71v n 9 PoRrtaw 0,► 7a'! 41W, SW ✓4, Xre. A
M
IOWA CITY • IOWA
D
- .---EXISTING,INGL
r7YN, ^W - 5CO P. A7. /6Ww e1rr, 1~4
316~161-s»I
v
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„ Res
M!
6'
Ur
a° Rcm
V.,
S.Z8.89
uaS
/'Yc 40'
, 1, Xx.
/97/7Bt•oos-e
INO 1
lechnlgraphlcs 88002
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l 14
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SANITARY SEWER MSDIENT AGRE04EN17
THIS AGRE94MT, made and entered Into by and between ALFRM H. CARR a
single person, hereinafter referred to as "property owner", which expression
shall include his successors in interest and assigns and the CITY OF IOWA CITY,
IOWA, hereinafter referred to as "City", which expression shall include their
successors in interest and assigns, WITNESSEM:
IT IS IIERE3Y AGREED AS FOLLOWS:
For the sum of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, property owners hereby grant and convey to City an
easement for the purposes of excavating for and the installation, replacement,
maintenance and use of such sanitary sewage lines, pipes, mains, and conduits as
City shall from time to time elect for conveying sewage and all necessary
appliances and fittings for use in connection with the said pipe lines, together
with adequate protection therefore, and also a right-of-way, with right of
Ingress and egress thereto, over and across the following described tract of
,r
ground situated in Iowa City, Johnson County, Iowa, to -wit:
(The Northerly 20 feet of the following described tract as described
and as set forth on the plat thereof, which is marked Exhibit A, and
made a part hereof, as though incorporated herein.)
Property owner does further grant to City the following:
. 1. The right of grading said strips for the full width thereof and to
extend the cuts and fills for such grading into and on said lands along and
outside of said lines to such extent as City may find reasonably necessary.
2. The right from time to time to trim and to cut down and clear away
any and all trees and brush on said strips and to trim and to cut down and clear
away any trees on either side of said strip which now or hereafter in the
opinion of City may be a hazard to said lines or may interfere with the exercise
(
of City's rights hereunder in any manner
3. City shall indemnify property owner against any loss and damage
which shall be caused by the exercise of said ingress and egress, construction
maintenance or by any wrongful or negligent act, (mission of City or of its
1
07ErPA1- 265
iaa3
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i
outside of said lines to such extent as City may find reasonably necessary.
2. The right from time to time to trim and to cut down and clear away
any and all trees and brush on said strips and to trim and to cut down and clear
away any trees on either side of said strip which now or hereafter in the
opinion of City may be a hazard to said lines or may interfere with the exercise
(
of City's rights hereunder in any manner
3. City shall indemnify property owner against any loss and damage
which shall be caused by the exercise of said ingress and egress, construction
maintenance or by any wrongful or negligent act, (mission of City or of its
1
07ErPA1- 265
iaa3
agents or employees in the course of their employment
4. Property owner reserves the right to use said strips for purposes
which will not interfere with City's full enjoyment of the rights hereby
granted; provided that property owner shall not erect or construct any building
or other structure, or drill or operate any well, or construct any reservoir or
other obstructions on said area, or diminish or substantially add to the ground
cover over said pipelines.
5. Property owner does hereby covenant with City that he is lawfully
seized and possessed of the real estate above described; that he has good and
lawful right to convey it, or any part thereof.
The provisions hereby shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto, and all covenants shall
apply to and run with the land.
DATED this k i'r day of �,uQA , 1989.
�Q�� ITY OF IOWA CITY, IOWA
by:
JOIN M(DONAID, Mayor
byie�.J
MAR K. KARR, City Clerk
CORPORATE SES;. '{
I"
STATE OF IOWA ) A OV ID FORM ' /
COUNTY OF JOHNSON ) EaCI ssi
OMPARTMLNT
6
tand
;sIg On this ay of �%�� , 1989, before me, the undersigned, a
Notary Public rn�for the St'te of Iowa, persoiuully appeared Alfred H. Carr,
single, to me personally kno to be the person named in and who executed the
foregoing instrument and acknowledged that the same s hyw�lunffry
act and deed. /_ , .,� / . /. /
10197M. hti
STATE OF IOWA ) V
) ss:
COUNTY OF JOHNSON )
On this 1E'Iday of, 1989, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared John McDonald
and Marian K. Karr, to me personally known, who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal
corporation; that the seal affixed hereto is the seal of said municipal
2
070 PAS; 266
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CORPORATE SES;. '{
I"
STATE OF IOWA ) A OV ID FORM ' /
COUNTY OF JOHNSON ) EaCI ssi
OMPARTMLNT
6
tand
;sIg On this ay of �%�� , 1989, before me, the undersigned, a
Notary Public rn�for the St'te of Iowa, persoiuully appeared Alfred H. Carr,
single, to me personally kno to be the person named in and who executed the
foregoing instrument and acknowledged that the same s hyw�lunffry
act and deed. /_ , .,� / . /. /
10197M. hti
STATE OF IOWA ) V
) ss:
COUNTY OF JOHNSON )
On this 1E'Iday of, 1989, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared John McDonald
and Marian K. Karr, to me personally known, who, being by me duly sworn, did say
that they are the Mayor and City Clerk, respectively, of said municipal
corporation; that the seal affixed hereto is the seal of said municipal
2
070 PAS; 266
�aa3
EXHIBIT A
SCALE 1 /" • 40'
W V7Ih01 ,
SW CoNv., See. 4, T79N, �gI /se e0R., SN'W, See.
�R6W - S'"' P. //1. gN y 4, r79RW
NGM -
fv0. E Ys • Pini /.v Co.N•c. 2 S r✓ P. q7.
fns. Vj' Pu+ /w
N90.00'00'W S.o/%.a.r.
49./0-
��
SANITARY SEWER EASEMENT '
LEGAL DESCRIPTION
The. Northerly 20.00 feet of the Easterly 15.00 feet of the following
described'tract:
I
Commencing at the Southeast Corner of the Southwest Quartcr of Section 4,
Township 79 North, Range 6 West, of the 5th. Principal Meridian; Thence
N90000.10011W, along the South Line of said Southwest Quarter 49.10 feet to
the Westerly Right -of -Way Line of Normandy Drive; ThenceN00'O7'57"E, along
said Westerly Right -of -Way Line 265.00 feet to the Southeast Corner of a
tract of Land described in Deed Book 288, at Page 13 of the Records of the
Johnson County Recorder's Office, and,:the Point of Beginning of Tract "A";
Thence N90.00'00"W, 152.51 feet to the Easterly Line of a Tract of Land as
Recorded in Plat Book 2, at Page 108 of the Records of the Johnson County
Recorder's Office; Thence N00.04'03"W, along said Easterly Line 99.76
feet; Thence S89.58'57"E, 152.86 feet to said Westerly Right -of -Way Line of
Normandy Drive; Thence SD01071671.1W, along.sald Right -of -Way Line 99.71
feet, to the Point of Beginning. ,,,,.......
I hereby certify that this plat,map,.aurvey or report was made `.•'�Q�.�STF�P;,
by me or under my direct personal supervision and that I am a r 0:'tyG Os
duly registered Land Surveyor under the laws of State of Iowa.
Signed. .; Date `•,/
36 19
Robert 0. Mickel an Reg. 7076 '6a;7 SU9Vt;,,,•`
Subs Pitied ands sworn t before me thio �% day of �, '19�L.
zz-
NotaryPublic in and for t State of11TARIAL SEAL''Jv7ofKjt 268
::::•.e-;;. .,-l..,.�Ei,:i :._ ..:ccc.. Ir7iI"
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.F�SEME'J.1T_ :...:...._ __ ..111x;•:::
G•(ANIAMLxI Igx[A
{ (� SEWER EASEMENT
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SANITARY SEWER EASEMENT '
LEGAL DESCRIPTION
The. Northerly 20.00 feet of the Easterly 15.00 feet of the following
described'tract:
I
Commencing at the Southeast Corner of the Southwest Quartcr of Section 4,
Township 79 North, Range 6 West, of the 5th. Principal Meridian; Thence
N90000.10011W, along the South Line of said Southwest Quarter 49.10 feet to
the Westerly Right -of -Way Line of Normandy Drive; ThenceN00'O7'57"E, along
said Westerly Right -of -Way Line 265.00 feet to the Southeast Corner of a
tract of Land described in Deed Book 288, at Page 13 of the Records of the
Johnson County Recorder's Office, and,:the Point of Beginning of Tract "A";
Thence N90.00'00"W, 152.51 feet to the Easterly Line of a Tract of Land as
Recorded in Plat Book 2, at Page 108 of the Records of the Johnson County
Recorder's Office; Thence N00.04'03"W, along said Easterly Line 99.76
feet; Thence S89.58'57"E, 152.86 feet to said Westerly Right -of -Way Line of
Normandy Drive; Thence SD01071671.1W, along.sald Right -of -Way Line 99.71
feet, to the Point of Beginning. ,,,,.......
I hereby certify that this plat,map,.aurvey or report was made `.•'�Q�.�STF�P;,
by me or under my direct personal supervision and that I am a r 0:'tyG Os
duly registered Land Surveyor under the laws of State of Iowa.
Signed. .; Date `•,/
36 19
Robert 0. Mickel an Reg. 7076 '6a;7 SU9Vt;,,,•`
Subs Pitied ands sworn t before me thio �% day of �, '19�L.
zz-
NotaryPublic in and for t State of11TARIAL SEAL''Jv7ofKjt 268
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►5
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 32. 1, 'TAXATION AND REVENUES", OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 32.1-55
THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME,
SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AND
FOR THE DISPOSAL OF APPLIANCES AND TIRES AT THE LANDFILL, AND INCREASING THE
MINIMUM FEE FO LANDFILL USE.
BE IT ORDAINED BY HE CITY COUNCIL OF THE CITY OF IOWA CiTY, IOWA:
SECTION 1. That Chapter 32.1 of the Code of Ordinances o(tthe City of Iowa City, Iowa, be
and the same is hereby amended by repealing Section 32 %55 thereof, and enacting in Ileu
thereof a new section to bcodified the same to read as ollows:
Sec. 32.1-55. Fee or Char a Authorized In Chapte 15.
Municipal Code
Section
Authorizing Fee i, <
Charge, Fine or Description of Fee,
Penalty: - Charge, Fine, Penal Charge:
II
Sec. 15-31 Fee for annual solid a One dollar ($1.00) per collection 1 i
permit vehicle per year 'I
Sec. 15-65(a) Residential solid wa to c action fees i ' ►
i }!
Rates effective fo bills on o after: Sept. 1 Sept. 1 j
per dwelling Unit, per month
per two rooming units, per mons
Appllanccollection fee, fee per
1988 1989 1 -
$5.25 $5.50 i
$5.25 $5.50 II j
collected
Tire
I
i
F
collection fee, fee per tire
collected
$ 2.00
(b) Landfill use fees
,
July 1
July 1
Rates Effective:
i
i
1989
-
r
I
City fee (per ton)
$7.75
►5
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 32. 1, 'TAXATION AND REVENUES", OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTION 32.1-55
THEREOF, AND ENACTING IN LIEU THEREOF A NEW SECTION TO BE CODIFIED THE SAME,
SETTING THE AMOUNTS OF FEES FOR THE COLLECTION OF APPLIANCES AND TIRES AND
FOR THE DISPOSAL OF APPLIANCES AND TIRES AT THE LANDFILL, AND INCREASING THE
MINIMUM FEE FO LANDFILL USE.
BE IT ORDAINED BY HE CITY COUNCIL OF THE CITY OF IOWA CiTY, IOWA:
SECTION 1. That Chapter 32.1 of the Code of Ordinances o(tthe City of Iowa City, Iowa, be
and the same is hereby amended by repealing Section 32 %55 thereof, and enacting in Ileu
thereof a new section to bcodified the same to read as ollows:
Sec. 32.1-55. Fee or Char a Authorized In Chapte 15.
Municipal Code
Section
Authorizing Fee i, <
Charge, Fine or Description of Fee,
Penalty: - Charge, Fine, Penal Charge:
II
Sec. 15-31 Fee for annual solid a One dollar ($1.00) per collection 1 i
permit vehicle per year 'I
Sec. 15-65(a) Residential solid wa to c action fees i ' ►
i }!
Rates effective fo bills on o after: Sept. 1 Sept. 1 j
per dwelling Unit, per month
per two rooming units, per mons
Appllanccollection fee, fee per
1988 1989 1 -
$5.25 $5.50 i
$5.25 $5.50 II j
collected
Tire
$10.00
collection fee, fee per tire
collected
$ 2.00
(b) Landfill use fees
July 1
July 1
Rates Effective:
1988
1989
City fee (per ton)
$7.75
$ 8.00
State fee (per ton)
$1.50
$ 2.00
Total fee (per ton)
$9.25
$10.00
Minimum fee In Ileu of tonnage fees
$ 2.00
Tire disposal fee, fee per pound, subject
$ .05
to minimum fee.
}
/RAS
Ordinance No.
Page 2
Appliance disposal fee, fee per item
disposed
$ 3.00
Appliance disposal fee, surcharge for 11 1
crushed or damaged Item, fee per item
Sec. 15-66(a) Dee ps
and/at
collects
Sec. 15-66(b) Delinq(
:d $25.00
t fee for combined city water Residential account: $50.00 per I
sewer and/or solid waste combined residential service for
on accounts, city water and/or sewer and/or solid
water and/or
collection ao
reason declared Illegal or void,
severable from said unlawful prop
as If the Ordinance contained no
SECTION 3. REPEALER: All ordli
of this Ordinance are hereby rep(
SECTION 4. EFFECTIVE DATE:
its final passage and publication
Passed and approved this /
ATTEST:
CITY
LEGAL DEPARTMENT
: for c
and/o
If
the
waste collection service.
I,
ombined In an amount equal to the average
r waste two-month billing for the delinquent
account.
any of the provisions of this Ordinance are for any jI
lawful provisions of this Ordinance, which are I {,
II be and remain in full force an effect, the same i
void provisions. :-
arts of ordinances in conflict with the provisions II I )
s Ordinance all be in full force and effect from and after
by law
1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 15, ENTITLED "GARBAGE, TRASH AND REFUSE," OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING SECTIONS 15-2,
15-29, 15-62, 15-63 AND 15-64 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS
TO BE CODIFIED T SAME, DEFINING APPLIANCES, PROVIDING FOR THE COLLECTION AND
DISPOSAL OF APPL NCES AND TIRES, PROVIDING FOR THE DISPOSAL OF VEHICLE BATTERIES
AND WASTE OIL, E TABLISHING FEES FOR THE COLLECTION OR DISPOSAL OF SUCH ITEMS,
DECLARING THAT CE TAIN SOLID WASTES ARE NOT SUBJECT TO COLLECTION, AND PROVIDING
PENALTIES FOR PLAC NG SUCH WASTES FOR COLLECTION./'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIN OF IOWA CITY, IOWA:
SECTION 1. That Chapte 15 of the Code of Or nances of the City of Iowa City,
Iowa, be, and the same i hereby amended by r pealing Section 15-2 thereof, and
enacting in lieu thereo a new section t be codified the same to read as
follows:
Sec. 15.2. Definitions.
For the purpose of this chap er, t e following terms shall be deemed to have
the meanings indicated below:
A.I. Appliances means machines c mmon to residential household use, and shall
include refrigerators, s s, microwave ovens, dishwashers, clothes
washers, clothes dryers w er heaters, furnaces, air conditioners,
dehumidifiers, console levis'on sets and stereo systems, and any device
containing an electric otor o any electric capacitor.
B.1. Bulky rubbish means nputrescib solid wastes consisting of combustible
and/or noncombustible waste mate ials which are either too large or too
heavy to be safely and convenientl loaded in solid waste transportation
vehicles by soli waste collectors with the equipment available, except
appliances.
C.I. Commercial sol d waste means solid wa a resulting from the operation of
any commercial, industrial, institu ional, agricultural or other
establishme and multiple housing face ities with more than four (4)
dwelling u its.
D.I. Demolitj n and construction waste means waste materials from the
constriction or destruction of residential, industrial or commercial
struc,>;ures.
2. Difector means the city manager or his/her authorized representative.
3. Disposable solid waste container means disposable plastic or paper sacks
specifically designed for storage of solid waste and with a capacity of
twenty (20) to thirty-five (35) gallons.
4. Dwelling means a building which is wholly or partially used or intended
to be used for residential occupancy.
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Ordinance No.
Page 2
5. Dwelling unit means any habitable room or group of adjoining habitable
rooms locatedwithi dwelling and forming a single unit with facilities
which are used, r area intended to be used, for living, sleeping, cooking
and eating of me ls.
E. -F. Reserved.
G:1, Garbage means put pscible animal or vegetable wastes resulting from the
handling, preparati n, cooking, serving, or consumpti n of food.
H.1. Hazardous wastes in ludes but is not limited to athological wastes,
explosive wastes, pes icides, pesticide containers toxic or radioactive
materials.
L -N. Reserved.
0.1. Occupancy means any perso , who alone or joint or severally with others,
shall be in actual possess on of any dwelling nit or of any other improved
real property, either as ner or tenant.
P.1. Processing means incinerati g, composting bailing, shredding, salvaging,
compacting and other proce es whereby solid waste characteristics are
modified or solid waste quan ity is re ced.
4• Reserved.
R.I. Refuse means solid waste.
2. Residential solid waste means s id waste resulting from the maintenance
and operation of single-family, u lex, tri-plex, and four-plex dwellings,
including solid waste from o erat on of a home occupation meeting the
requirements of the zoning o dinanc .
3. Rooming unit means any habi able room r group of adjoining habitable rooms
located within a dwelling nd forming single unit with facilities which
are used, or intended t be used prim rily for living and sleeping. A
rooming unit shall have ath and toilet cilities available for exclusive
use by the occupants or for communal use a d, in addition, may have kitchen
and dining facilitie available for use the occupants therein. For
purposes of this c rapter, two (2) roomi units shall be deemed the
equivalent of oned elling unit.
S.1. Solid waste mean unwanted or discarded was materials in a solid or
semisolid state, including but not limited t garbage, ashes, street
refuse, rubbish dead animals, animal and agricult ral wastes, yard wastes,
discarded appljances, special wastes, industrial wastes, and demolition
and construct6/ibn wastes.
2. Solid waste ntainer means a receptacle used by any person to store solid
waste durin the interval between solid waste collections.
3. Solid wast disposal means the process of discarding or getting rid of
unwanted material; in particular, the final disposition of solid waste.
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Ordinance No.
Page 3
4. Solid waste management means the entire solid waste system of storage,
collection, transportation, processing and disposal.
5. Storage means keeping maintaining, or storing solid waste from the time
of its production unt 1 the time of its collection.
T.I. Transportation means t e transporting of solid waste
from the place of
collection or processi to a solid wast2treeand
or solid
waste disposal area.
U. -X. Reserved.
Y.I. Yard wastes means grass cl , pings, leaves,ush trimmings.
Z. Reserved.
SECTION 2. That Chapter 15 of the ode of Ordine City of Iowa City,
Iowa, be, and the same is hereby ame ed by repeln 15-29 thereof, and
enacting in lieu thereof a new sec ion to bcv codified the same to read as
follows:
Sec. 15-29. Permit required.
No person shall engage in the business /collecting, transporting, processing
or dispose of solid waste within the co r orate limits of the city without first
obtaining an annual permit from the cit ; rovided, however, that this provision
shall not be deemed to apply to emplo es f the holder of any such permit. No
permit shall be required for the toll ctio and transportation of earth and rock
material from grading or excavation activi ies.
SECTION 3. That Chapter 15 of th Code of 0 inances of the City of Iowa City,
Iowa, be, and the same is hereby mended by re ealing Section 15-62 thereof, and
enacting in lieu thereof a ne section to codified the same to read as
follows:
Sec. 15-62. Collection.
(a) Residentialdwellin Once per week, as r asonably possible, the city
shall collect all r idential solid waste resu ting from the operation and
maintenance of sin le -family, duplex, tri-plex and four-plex dwellings,
all as defi/ine zoning ordinance, when each dwelling or dwelling unit
is located wn lot with frontage on a pub �c street. The director
is authorizpt regulations pursuant to which the city may contract
to provide ial solid waste collection to other dwellings, and the
director iszed to enter into written agreements to collect solid
waste from ellings.
This residential solid waste collection shall be mandatory and private
collection shall not be allowed. The city may establish a reasonable fee
for this service by resolution. The director may exempt qualifying
dwellings from the applicability of this subsection if he/she finds that
the dwelling and an adjacent establishment are part of one complex of
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Ordinance No.
Page 4
buildings serving a unified purpose, and solid waste from the dwelling is
being collected along with commercial solid waste from the adjacent
establishment. Those -dwellings receiving city refuse collection service
on the effectiveafte hereof, and which would not receive such service
under the terms of this subsection, may continue to receive city refuse
collection servicl, but if such service is voluntarily discontinued by the
owner of any such ddwelling, city refuse collection service shall no longer
be available to sOch dwelling.
(b) Collection of appliances, bulky rubbish and tir�'s. Appliances and tires
discarded from use t premises to which collection services are provided
by the city will b collected at such rest �ntial premises upon prior
request and arrangem nt with the City. The r�sident at such premises will
be billed for collec ion and disposal of e h such appliance and tire in
the amount provided i the Schedule ofZFet, Section 32.1-55 of the City
Code.
Bulky rubbish from prem ses to which ction services are provided by
the city will be collecte upon prior 6quest and arrangement with the City
if it does not exceed real nable limiXations of weight and bulk to be fixed
by regulations to be made and pram gated by the director.
(c) Certain wastes not subject o ection. The city will not collect any
of the following materials rom any premises served by city solid waste
collection service: vehicl Ifatteries; waste oil; or any substance or
material determined to be hoz dous or unacceptable for collection by the
director. The director m adopt regulations specifying additional
substances and materials no s bject to collection, and may enforce such
regulations after they hav bee promulgated to all premises and persons
subject to city solid wa a col ction.
Vehicle batteries and w ste oil ar subject to disposal at city solid waste
disposal facilities a provided in Section 15-64.
It is prohibited f r any person t obtain or attempt to obtain city
collection of solid astes or other s. tances or materials herein declared
not subject to c lection. Such vi lation shall constitute either a
misdemeanor or a municipal infraction. The City's costs for retrieving
such substances or materials from the collection vehicle or from the
disposal site,/find/or for cleaning up thecollection vehicle or disposal
site, shall b chargeable to the solid wa to collection account for the
residence why a such substances or material were placed for collection.
(d) Tree limbs/ yard wastes. Tree limbs greater than four (4) inches in
diameter shall be collected as bulky rubbish. Tree limbs and yard wastes
created b commercial tree service operations or by the clearing of land
for construction will not be collected.
(e) Times and location of containers for pickup. Solid waste containers, tree
limbs and yard wastes as described in sections 15-49 and 15-50,
respectively, and other solid waste permitted to be placed at the curb,
shall be placed at the curb of the street upon which the dwelling fronts
for collection. Placement of solid waste for collection shall occur prior
Ordinance No.
Page 5
to 7:00 a.m. on the regularly scheduled collection day, but shall not occur
before 3:00 ""on
the day b ore the regularly scheduled collection day.
Containers shall be removed from the curb on the same day collection is
made, and returned to a pl a as near as reasonably possible to the side
or back of any permanent b ilding on the property.
(f) Responsibility of owner/us r for compliance. The owner of any dwelling
containing two (2), three (3) or four (4) dwelliAg units shall be
responsible for compliance ith the provisions of se tion 15-62(e). For
single-family dwellings, th person who pays the s id waste collection
fee shall be responsible for ompliance with the pro isions of section 15-
62(e); if no person pays the fee, the owner shall a responsible.
(g) Certain premises not eligible or solid waste col ection by city. The city
shall not collect any commerci 1 solid waste, a ept from its own property;
nor shall the city collect an residential s id waste from any dwelling
units within a structure which in addition ntains the operation of any
commercial, industrial, institutional/agri luralor other establishment.
SECTION 4. That Chapter 15 of the Cod of ces of the City of Iowa City,
Iowa, be, and the same is hereby amende byng Section 15-63 thereof, and
enacting in lieu thereof a new secti n todified the same to read as
follows:
Sec. 15-63. Responsibility of collejors.
(a) Solid waste collectors shall be re ponsible for the collection of solid
waste from the point of collect n t the transportation vehicles provided
the solid waste was stored in ompli nce with sections 15-47(a) and (b),
15-48, 15-49 and 15-50 of t s chap r. Any spillage or blowing litter
caused as a result of th collect on activities of the solid waste
collector shall be collect and place in the transportation vehicles by
the solid waste collector
(b) All solid waste transp rtation vehicles shall be maintained in a safe,
clean and sanitary co dition, and shall a constructed, maintained and
operated to prevent spillage of solid ste. All vehicles used for
transportation of so id waste shall be const ucted with water tight bodies
and with covers which shall be an integral art of the vehicle or shall
be a separate cove of suitable material with asteners designed to secure
all sides of the cover to the vehicle and sh 1 be secured whenever the
vehicle is tran porting solid waste, or, as a alternative, the entire
bodies shall b enclosed, with only loading ho pers exposed. No solid
waste shall b transported in the loading hopper .
(c) Permits shal be required for the removal, haul i�g or disposal of earth
and rock ma erialnot from grading or excavation activit �s; however, all such
material all be conveyed in tight vehicles, trucks or receptacles,
construct d and maintained so that none of the material, being transported
shall sp 11 upon the public right-of-way.
(d) Transportation and disposal of demolition and construction wastes shall
be in accordance with this section and 15-64.
Ordinance No.
+ Page 6
SECTION 5. That Chapter 15 of the Code of Ordinances of the City of Iowa City,
Iowa, be, and the same is hereby amended by repealing Section 15-64 thereof, and
enacting in lieu thereof a new section to be codified the same to read as
follows:
Sec. 15-64. Disposal.
(a) Solid wastes shall be de osited at a processing facility or disposal area
consistent with all requ rements of city and state law.
(b) The director may adopt reg lations classifying certain wastes as hazardous
or special wastes and may, ursuant to said regula ions, prohibit disposal
of such wastes at the land ill or require specia handling thereof.
(c) Disposal of batteries and aste oil. Person firms, or corporations
residing or located in John n County, Iowa, m y dispose of batteries and
waste oil from their private or commercial ve icles by delivering same to
locations approved by the dir ctor, provided at such waste were generated
by activities or operations occurring in hole or in part in Johnson
County.
(d) Disposal of appliances at 1 Will. Persons, firms or corporations
residing or located in Johnson ounty ma dispose of appliances at the Iowa
City Landfill upon payment of t e requ' ed fee as provided in the Schedule
of Fees, Section 32.1-55 of the City ode, provided that such wastes were
generated by activities or ope do s occurring in whole or in part in
Johnson County. Appliances de osited at the Iowa City Landfill in a
crushed condition, or so damaged s to prevent removal of capacitors or
ballasts, shall be subject to a s rcharge fee as provided in the Schedule
of Fees, Section 32.1-55 of the ty Code.
(e) Disposal of tires at landfill. Pe sons, firms, or corporations residing
or located in Johnson County m y dis ose of tires at the Iowa City Landfill
upon payment of the require fee a provided in the Schedule of Fees,
Section 32.1-55 of the City ode, pro ided that such wastes were generated
by activities or operatio s occurri g in whole or in part in Johnson
County.
(f) Appliances and tires to a separated fr other solid wastes for disposal.
Appliances and tires my not be mixed ith other solid wastes delivered
to the landfill for d posal. Persons, irms, or corporations disposing
of appliances or tir s at the landfill hall separate those items from
other solidwaste ma rials, and shall deli er and unload them at the sites
designated for Tis
sal of such items.
(g) Disposal of proh bited or hazardous wast s or improper disposal -
penalties. It i prohibited for any perso , firm, or corporation to
dispose, or atte pt to dispose, of hazardous r prohibited wastes at the
Iowa City City andfill in a manner or in a\location other than that
provided by t . director pursuant to subsection (b) above. It is
prohibited for any person, firm, or corporation to dispose, or attempt to
dispose, of appliances or tires at the Iowa City Landfill in a manner or
Ordinance No.
Page 7
at a location other than that provided pursuant to subsections (c) and
(d) above. Violations of this provision, or of regulations adopted by the
director pursuant to subsection (b) above, shall constitute either a
misdemeanor or a municipal infraction. The City's costs for retrieving
such substances or materials from the disposal site, and/or for cleaning
up the disposal site, shall /ad
argeable to the s lid waste disposal or
collection account of the ong party.
Repeated violation of thi sion, or of re ulations adopted by the
director pursuant to subs ctb) above, sha be cause for the City's
revocation of the landfill il privileges f an offending party, after
notice and opportunity fo hg as provi din Chapter 2, Article IX,
Administrative Code, Sect, n84 throug 2-192.
SECTION 6. SEVERABILITY: If an he provisions of this Ordinance are for
any reason declared illegal or , the the lawful provisions of this
Ordinance, which are severable fro unla ful provisions, shall be and remain
in full force and effect, the samef t e Ordinance contained no illegal or
void provisions.
SECTION 7. REPEALER: All ordinanparts of ordinances in conflict with
the provisions of this Ordinance areby repealed.SECTION 8. EFFECTIVE DATE: This nance shall be in full force and effect
from and after its final passage ablication as by law required.
Passed and approved this
ATTEST
Form
F 1�
RESOLUTION NO. 89-184
t RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR
E PARCEL NO. 3, ALL IN CONNECTION WITH THE HIGHWAY NO. 1 AT I-80 PAVING IMPROVE-
MENTS.
j I!
[ WHEREAS, pursuant to Resolution No. 89-123, adopted May 30, 1989, this City Council did
6t authorize the acquisition of certain easements and property interests in conjunction with
the Highway No. 1 at I-80 Paving Improvements Project, including the acquisition of fee title
to a 0.7 acre commercial parcel, designated as Parcel 3; and
WHEREAS, the City's appraiser and IDOT have concurred in the property owner's request to
P increase by $1,000 the compensation for fee title acquisition of said parcel, bringing the
compensation therefor to $92,900; and
WHEREAS, the property owner has further requested (1) that its existing farm field entrance
drive be replaced with a commercial entrance drive, at an additional estimated cost to the
€ City of $3,000, which request must be approved by IDOT before said improvements can be
# constructed, and (2) that it be allowed to immediately construct a sewer extension adjacent
to its property, instead of having said work be done by the City's contractor next year, with
reimbursement therefor at a cost not to exceed the City's contract bid price for said work.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, ! i1
IOWA, that the City Manager is hereby authorized to amend the City's offer for the I!
acquisition of Parcel No. 3 to increase the purchase price by $1,000, to provide for the 1
City's construction of a commercial entrance to the property owner's remaining lands upon i
receipt of IDOT approval therefor and to provide for the property owners construction of
a sanitary sewer extension adjacent to its property.
AND BE IT FURTHER RESOLVED that in the event said property cannot be acquired at the
appraised value indicated above, the City Attorney be and he is hereby authorized and
directed to initiate condemnation proceedings for the acquisition of said easements. I i
It was moved by Larson and seconded by Horowitz the Resolution be j
adopted, and upon roll call there were: q+q
i 1
AYES: NAYS: ABSENT: t
1 X Ambrisco X Balmer li
X Courtney
X Horowitz
X Kubby
X Larson
X McDonald
Passed and approved this litb day of ,July 1989. l
Z & � .g-�2 `
orOR
Ap MedaForm i
ATTEST: 1�0 18
CITY CLERK Legal Department
JN11» JORM MICROLAB
TARGET SE ES MT -8
REC DING
DOCUMENT
■
RESOLUTION NO. 89-184
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO PURCHASE FOR
PARCEL NO. 3, ALL IN CONNECTION WITH THE HIGHWAY NO. 1 AT I-80 PAVING IMPROVE-
MENTS.
WHEREAS, pursuant to Resolution No. 89-123, adopted May 30, 1989, this City Council did
authorize the acquisition of certain easements and property interests in conjunction with
the Highway No. 1 at I-80 Paving Improvements Project, including the acquisition of fee title
to a 0.7 acre commercial parcel, designated as Parcel 3; and
WHEREAS, the City's appraiser and IDOT have concurred in the property owner's request to
increase by $1,000 the compensation for fee title acquisition of said parcel, bringing the
compensation therefor to $92,900; and
WHEREAS, the property owner has further requested (1) that its existing farm field entrance
drive be replaced with a commercial entrance drive, at an additional estimated cost to the
City of $3,000, which request must be approved by IDOT before said improvements can be
constructed, and (2) that it be allowed to immediately construct a sewer extension adjacent
to its property, instead of having said work be done by the City's contractor next year, with
reimbursement therefor at a cost not to exceed the City's contract bid price for said work.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the City Manager is hereby authorized to amend the City's offer for the
acquisition of Parcel No. 3 to increase the purchase price by $1,000, to provide for the
City's construction of a commercial entrance to the property owner's remaining lands upon
receipt of IDOT approval therefor and to provide for the property owner's construction of
a sanitary sewer extension adjacent to its property.
AND BE IT FURTHER RESOLVED that in the event said property cannot be acquired at the
appraised value indicated above, the City Attorney be and he is hereby authorized and
directed to initiate condemnation proceedings for the acquisition of said easements.
It was moved by Larson and seconded by Horowitz the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
_X Balmer
_X Courtney
_X Horowitz
_X Kubby
_X Larson
_X McDonald
Passed and approved this 11th day of Tu1v 1989.
ATTEST:
CITY CLTY C.LEK 9�. iCaMJ
RK
Gv t.,5w
PIYOR
A ?roed a t Form
7o /8q
Legal Department
i
i
v
4
� 1
L
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED OFFER TO
PURCHASE FOR,PARCEL NO. 3, ALL IN CONNECTION WITH THE HIGHWAY NO.
1 AT I-80 PAVING IMPROVEMENTS.
WHEREAS, pursuant to Resolution No. 89-123, adopted May 30, 1989, this City
Council did autho ize the acquisition of certain easements and property
interests in conjun tion with the Highway No/ 1 at I-80 Paving Improvements
Project, including the acquisition of fee title to a 0.7 acre commercial parcel,
designated as Parcel 3; and
WHEREAS, the City's appPaiser and IDOT
request to increase by $i� 000 the compen
parcel, bringing the compnsation there
WHEREAS, the property owner has further
entrance drive be replaced ith a comm
estimated cost to the City o $3,000,
before said improvements can a co
NOW, THEREFORE, BE AND IT IS HE EB'
IOWA CITY, IOWA, that the City n
offer for the acquisition of Pa
$1,000, and to provide for the C
the property owner's remaining an
AND BE IT FURTHER RESOLVED t t it
at the appraised value indi ted a
authorized and directed to i itiate
of said easements.
It was moved by
Resolution be adopted, d upon ro
AYES: / NAYS
Passed and apl roved this
have concurred in the property owner's
sati n for fee title acquisition of said
for to $92,900; and
equested that its existing farm field
g tial entrance drive, at an additional
/which request must be approved by IDOT
cted.
IESOLVED BY THE CITY COUNCIL OF THE CITY OF
:r is hereby authorized to amend the City's
No. 3 to increase the purchase price by
s construction of a commercial entrance to
upon receipt of IDOT approval therefor.
he event said property cannot be acquired
�e, the City Attorney be and he is hereby
o emnation proceedings for the acquisition
a d seconded by the
call there were:
ABSENT:
Ambrisco
Balmer
Courtney
Horowitz
Kubby
Larson
McDonald
day of , 1989.
MAYOR
o e as t Form q�
ATTEST:
CITY CLERK Legal Department
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