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HomeMy WebLinkAbout1989-07-25 Resolution3�q1 RESOLUTION NO. 89-185 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 named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Field House, Inc. Maxie's, Inc. It was moved by Larson and seconded by Horowitz that the Resolution as re��a opted, anand upon roll call t ere weT re: AYES: NAYS: ABSENT: Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald X Passed and approved this 25th day of Jullyf/f 1989 irt///GG yi� yor Attest: n.. ,.i :t .nw� c ty`cler � t7 �1 . i RESOLUTION NO. 89-186 RESOLUTION ACCEPTING THE WORK FOR SANITARY SEWER IMPROVEMENTS FOR LOTS 1 THROUGH 20 OF ROCHESTER HEIGHTS WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for Lots 1 through 20 of Rochester Heights as constructed by Maxwell Construction Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Larson and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: _. avec. EInVC. noe CLIT- RESOLUTION NO, 89-187 RESOLUTION OF INTENT TO CONVEY TO AERO RENTAL THE VACATED PORTION OF FIRST STREET RIGHT-OF-WAY WEST OF GILBERT STREET. WHEREAS, the City is In the process of vacating a portion of First Street right-of-way west of Gilbert Street and legally described below: That portion of First Street lying west of a line lying parallel to and 120 feet west of the east line of Block 2, of Cook, Sergeant and Downey's Addition to Iowa City, Johnson County, according to the recorded plat thereof and the north nine (9) feet of First Street lying south of and adjacent to Lots 9 and 10 of Block 2 of Cook, Sergeant and Downey's Addition to Iowa City, Johnson County, according to the recorded plat thereof; and WHEREAS, Aero Rental, property owner immediately to the north, agreed to convey sanitary sewer easements to the City as a part of their request for Large Scale Non -Residential Development (LSNRD) plan approval; and WHEREAS, the City has no need for the vacated First Street right-of-way, and proposes to convey said vacated right-of-way to Aero Rental in exchange for the sanitary sewer easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby declare Its intent to convey its interest in the above-described vacated right-of-way to Aero Rental, In exchange for the grant of a sanitary sewer easement, together with the grant of a non-exclusive utility easement over the entire portion of vacated First Street rightof-way. AND BE IT FURTHER RESOLVED THAT: A public hearing on said proposal be set for August 8, 1989, and that the City Clerk be and Is hereby authorized, empowered and directed to cause a Notice of Public Hearing to be published, as provided by law, relative to the proposal set forth above. It was moved by Larson and seconded by Balmer 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 McDonald 75� f fj 4: i t i' �, ��_ „ ,.. 1 j !' ,, , � ��� ?i �.� ;:; ,,, ,.�. �j ,: 1 J,,�.� !K'. J ...{� �.� .. .. )1 P RESOLUTION NO. 89-188 RESOLUTION APPROVING OBERLIN ESTATES, AN AMENDED PRELIMINARY AND FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT (LSRD) PLAN FOR A PORTION OF COURT HILL -SCOTT BOULEVARD ADDITION, PART VII, AND A PRELIMINARY AND FINAL LSRD PLAN FOR LOT 100 AND THE NORTH 5.60 FEET OF LOT 101 OF COURT HILL -SCOTT BOULEVARD ADDITION, PART VI, IOWA CITY, IOWA. WHEREAS, the owner, Pat Moore Construction Company, has filed with the City of Iowa City, Iowa, an application for approval of the Large Scale Residential Development plan for Oberlin Estates; and WHEREAS, said Large Scale Residential Development is for the construction of four (4) two -unit condominium dwellings; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the Large Scale Residential Development plan and have recommended approval of same; and WHEREAS, the Large Scale Residential Development plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the Large Scale Residential Development plan is found to conform with - all of the pertinent requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended preliminary and final Large Scale Residential Development (LSRD) plan for a portion of Court Hill -Scott Boulevard Addition, Part VII, and a preliminary and final LSRD Plan for Lot 100 and the north 5.60 feet of Lot 101 of Court Hill -Scott Boulevard Addition, Part VI, for Oberlin Estates is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of this Resolution and of said Plan after passage and approval by law; and the owner shall record said plan at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permit is authorized. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ Ambrisco Balmer x Courtney X Horowitz _X Kubby X Larson X McDonald 1 t I _ ; X � I. { 1 A .�� a � I I i ,; i i ; ` i i I i , i i„ � � !;: �I ., � }I , i � 6, r ,� �, .��: .�: J � �; 1 ` s� "�� l ,.,��� . ,,, ��� F � �; 1���� I I1II1 . f ... t f 0��� Y { 4� / RESOLUTION NO. 89-189 A RESOLUTION AUTHORIZING SALE AND CONVEYANCE TO JACK MOYERS ET AL. OF THE VACATED RIGHT-OF-WAY OF LOOS STREET, BETWEEN ROCKY SHORE DRIVE AND BLACK SPRINGS CIRCLE. WHEREAS, the City Council did, pursuant to Ordinance No. 88-3398, passed and approved the 13th day of December, 1988, vacate the 50 -foot right-of-way of Loos Street as platted in Chautagua Heights Subdivision and recorded in Plat Book 1, Page 148; and WHEREAS, the City Council did, pursuant to Resolution No. 89-128, adopted and approved on the 13th day of June, 1989, declare its intent and proposal to dispose of the said Loos Street right-of-way to Jack Moyers, Carl Strut, Jr., Roger Giller, Richard DeGowin and Gene Claussen, did authorize publication notice of its proposal with regard thereto, and did set the date and time for public hearing thereon; and WHEREAS, following public hearing on said proposal, and being fully advised as to the merits of said proposal, and having given full study and consideration, the Council deemed said proposed disposal of said vacated street right-of-way to be.in the best interest of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 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 Loos Street right-of-way to Jack Moyers, Carl Strub, Jr., Roger Giller, Richard DeGowin and Gene Claussen for and in consideration of the sum of $600, with reservation of easements for drainage, sanitary sewers and access. AND BE IT FURTHER RESOLVED that the City Attorney be and is hereby authorized, empowered and directed to deliver said deed, on payment of consideration as indicated above. It was moved byAmbr;sro and seconded by Balmer 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 I —X McDonald s i i i I /0? 77 'I Resolution No. 89-189 Page 2 I i i Passed and approved this 25th day of July 1989. A i �i `i 1 �He 0-8901_ Estimated Allocation of Loos St_ Vacated Right -of -Way -it V U1% J 5 u Yi•Z°1 L pa Y � oC K U J rL / -it ROCKY 3++0@2 L Iit= (o 0r V U1% J 5 u Yi•Z°1 ROCKY 3++0@2 L Iit= (o 0r RESOLUTION NO. 89-190 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF STATE HIGHWAY NO. 1 AT INTERSTATE 80 PAVING IMPROVEMENTS PROJECT IR -80-7-(56)246--12-52 AND DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of 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 the date established for the receipt of bids. It was moved by Balmer and seconded by Courtn that the resolution as read be adopted, and upon roll call there werff AYES: NAYS: ABSENT: i 0 RESOLUTION NO. 89-191 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY90 FUNDING AGREEMENT FOR YOUTH SERVICES WITH BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY, INCREASING THE AGENCY'S LEVEL OF FUNDING. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide volunteer adult companionship for youths in the Iowa City area who are between the ages of 6 and 14, and WHEREAS, Big Brothers/Big Sisters of Johnson County provides matching volunteers for youths between these ages, and WHEREAS, an FY90 funding agreement was executed June 13, 1989, between the City of Iowa City and Big Brothers/Big Sisters of Johnson County, and WHEREAS, the attached amendment to the FY90 funding agreement has been negotiated by the City of Iowa City and Big Brothers/Big Sisters of Johnson County, increasing the total funding from $25,300 to $25,677. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the -- Mayorbeauthorized to execute and the City Clerk to attest the attached amendment to the funding agreement with Big Brothers/Big Sisters of Johnson County for FY90. It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisce X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 25th day of July , 1989.198 //J�V�G OR Appr ped a—t6 Form ATTEST: ��Q u� .� �. -AA J _ CITY CLERK --- legal De artment i9 �y I Amendment to the FY90 Funding Agreement Between the City of Iowa city and Big Brothers/Big Sisters of Johnson County It is herein agreed on this 025� day0 f 1989, that Section II of the FY90 funding agreement executed June 3, 1 89, between the City of Iowa City and Big Brothers/Big Sisters of Johnson County Is hereby amended to read in its entirety as follows: 11. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $25,677.00 to assist Recipient In paying the salaries of the Executive Director and Caseworkers of the Big Brothers/Big Sisters Program. Recipient agrees that $377.00 of this funding will be used only to increase the salary of its Executive Director. B. The City shall transfer the funds to Recipient according to the following schedule: $6.325.00 on July 15, 1989; $94.25 within 15 days of the execution of this amended agreement: and $6,419.25 on October 15, 1989, January 15, 1990, and April 15, 1990. The above amendment to Section 11 shall be effective upon execution of said amendment. All other terms and conditions of the Funding Agreement shall rem ain in full force and effect. CITY OF IOWA CITY BIG BROTHERS/BIG SISTERS OF JOHNSON COUNTY ayor Name ATTEST: Umy Clerk LP1DRnvPn-Lq TO FORM t)—1 j; RESOLUTION NO. 89-192 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY9O FUNDING AGREEMENT WITH THE DOMESTIC VIOLENCE INTERVENTION PROGRAM, INCREASING THE AGENCY'S LEVEL OF FUNDING. j WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest I to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Intervention Program is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to victims of domestic violence, and WHEREAS, an FY90 funding agreement was executed June 13, 1989, between the City of Iowa City and the Domestic Violence Intervention Program, and WHEREAS, the attached amendment to the FY9O funding agreement has been negotiated by the City of Iowa City and the Domestic Violence Intervention Program, increasing the total funding from $24,000.00 to $24,834.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest the attached amendment to the funding agreement with the Domestic Violence Intervention Program for FY90. It was moved by Ambrisco 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 1 _X Larson X_ McDonald l Passed and approved this 25th day of July 1989. j I M R I Approved as.tg_F rm ATTEST:w.<, 7VzZjA-J CIT CLERK G4Leg Department j i j Amendment to the FY90 Funding Agreement Between the City of Iowa City and the Domestic Violence Intervention Program It is herein agreed on this C216 day of 1989, that Section I I of the FY90 funding agreement executed June 13, 89, between the City of Iowa City and the Domestic Violence Intervention Program is hereby amended to read in its entirety as follows: II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $24,834.00 to assist Recipient in meeting its operating expenses. Recipient agrees that $834.00 of this funding will be used only to increase the salary of its Executive Director. B. The City shall transfer the funds to Recipient according to the following schedule: $6,000.00 on July 15, 1989; $208.50 within 15 days of theexecution of this amended agreement; and $6,208.50 on October 15, 1989, January 15, 1990, and April 15, 1990. The above amendment to Section II shall be effective upon execution of said amendment. All other terms and conditions of the Funding Agreement shall remain in full force and effect. CITY OF IOWA CITY DOMESTIC VIOLENCE INTERVENTION PROGRAM �u �(JG i- yor Name —� PR 8 ° " �7 LEGAL DEPARTMENT 1r—'Jr Title ATTEST: Name Title 1 j j —� PR 8 ° " �7 LEGAL DEPARTMENT 1r—'Jr Title ATTEST: Name Title 1 1 k 1 RESOLUTION NO. 89-193 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY90 FUNDING AGREEMENT WITH JOHNSON COUNTY CHAPTER, AMERICAN RED CROSS, INCREASING THE AGENCY'S LEVEL OF FUNDING. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to respond to community disaster and emergency needs, and WHEREAS, the Johnson County Chapter of the American Red Cross conducts programs which respond to such needs by providing immediate and longer-term assistance to Iowa City residents, and WHEREAS, an FY90 funding agreement was executed June 13, 1989, between the City of Iowa City and the Johnson County Chapter, American Red Cross, and WHEREAS, the attached amendment to the FY90 funding agreement has been negotiated by the City of Iowa City and the Johnson County Chapter, American Red Cross, increasing the total funding from $2,000.00 to $2,257.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest the attached amendment to the funding agreement with the Johnson County Chapter, American Red Cross for FY90. It was moved by Amhr,sr_ 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 25th day of July 1989. OR Appr ed as Farm ATTEST: r.. , J 76)2j A ) CI CLERK L al Department 7-.1 9-.F,9 i , jj I I i i I 1I I, iI L I' I" 4, ii I i f ' I I i , I Amendment to the FY90 Funding Agreement Between the City of Iowa City and the Johnson County Chapter, American Red Cross j It is herein agreed on this day of , 1989, that Section II of the FY90 funding agreement executed June 13,U989, between the City of Iowa City and the Johnson County Chapter, American Red Cross Is hereby amended to read in its entirety as follows: II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $2,257.00 with the agreement that these funds shall be allocated toward the disaster and safety programs of the Johnson County Red Cross. Recipient agrees that $257.00 of this funding will be used only to increase the salary of its Executive Director. B. The City shall transfer the funds to Recipient according to the following schedule: $500.00 on July 15, 1989;$64.25 within 15 days of the execution of this amended agreement; and $564.25 on October 15, 1989, January 15, 1990, and April 15, 1990. The above amendment to Section 11 shall be effective upon execution of said amendment. All other terms and conditions of the Funding Agreement shall remain in full force and effect. JOHNSON COUNTY CHAPTER AMERICAN RED CROSS ATTEST: Name ,✓ Gh K Title N I' i' II i i RESOLUTION NO. 89-194 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE FY90 FUNDING AGREEMENT FOR NEIGHBORHOOD SERVICES WITH NEIGHBORHOOD CENTERS OF JOHNSON COUNTY, INCREASING THE AGENCY'S LEVEL OF FUNDING. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide recreational services and supportive assistance to the residents of the Pheasant Ridge and Broadway Street Neighborhoods, and WHEREAS, Neighborhood Centers of Johnson County is an agency which plans and conducts such services, and WHEREAS, an FY90 funding agreement was executed June 13, 1989, between the City of Iowa City and Neighborhood Centers of Johnson County, and WHEREAS, the attached amendment to the FY90 funding agreement has been negotiated by the City of Iowa City and Neighborhood Centers of Johnson County, increasing the total funding from $16,000.00 to $16,965.00. j NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest the attached amendment to the funding agreement with Neighborhood Centers of Johnson County for FY90. It was moved by Ambrisco and seconded by Morowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Balmer X Courtney i X Horowitz X Kubby X Larson X McDonald Passed and approved this 25th day of July 1989. lz' OR IIJJ 4Lepa ved to Form ATTEST: 9(�. °)C�v �J ��`j95�eCy CIT CLERK Department ;i I� p i, Amendment to the FY90 Funding Agreement Between the City of Iowa City and Neighborhood Centers of Johnson County I It is herein agreed on this 125 day of 1989, that Section I I of the FY90 funding agreement executed June 13, 1 9, between the City of Iowa City and Neighborhood Centers of Johnson County is hereby amended to read in Its entirety as follows: II. FUNDING A. As its sole obligation under this Agreement, the City shall pay to Recipient the sum of $16,965.00 which shall be allocated for operating expenses of the programs of the Willow Creek and Broadway Street Neighborhood Centers. Recipient agrees that $965.00 of this funding will be used only to increase the salary of its Executive Director. B. The City shall transfer the funds to Recipient according to the following schedule: $4,000.00 on July 15, 1989; $241.25 within 15 days of the execution of this amended agreement; and $4,241.25 on October 15, 1989, January 15, 1990, and April 15, 1990. The above amendment to Section II shall be effective upon execution of said amendment. All other terms and conditions of the Funding Agreement shall remain In full force and effect. CITY OF IOWA CITY NEIGHBORHOOD CENTERS OF JOHNSON COUNTY yor Name Di rrr.-lv�" Title 'r ATITEST: ATTEST: -AV � ity Clerk Name Title PP ZEN' O M LEGALT l I. I Johnson County Council of Governments 410EMPirgtonSt. bmciry,b,,va52240 Date: July 19, 1989 To: Iowa City City Council ^ From: Marge Penney, Human Services Coordinator -1W Re: Salary Adjustment Funding for Human Service Agencies The FY90 budget for the City of Iowa City as adopted by Council includes $2,500 funding for human service agencies to be used to improve the salaries of agency directors whose current salaries fall below the minimums of their ranges from the updated 1984 Agency Directors' Salary Study. Johnson County has allocated $12,500 and United Way has allocated $13,500 for the same purpose. Each funder's responsibility is proportional to its funding level for the affected agency, and Iowa City's assessments are reduced by the salary adjustment funding which the City contributed in FY85. The salaries of the directors of seven agencies that are funded by Iowa City fall below the minimums of their ranges. For three of those agencies, Crisis Center, Elderly Services Agency, and Rape Victim Advocacy Program, the City's FY85 salary adjustment funding fully meets the City's responsibility. Current salary adjustment funding for those three agencies will come entirely from Johnson County and United Way. Two of the seven agencies, Domestic Violence Intervention Program and Neighborhood Centers of Johnson County (formerly Mark IV/Willow Creek Neighborhood Center), received FY85 City of Iowa City salary adjustment funding that reduces the City's current share. The last two agencies, Big Brothers/Big Sisters and the Red Cross, did not receive salary adjustment funding in FY85. The City's current salary adjustment responsibility is: Big Brothers/Big Sisters of Johnson County $ 377 Domestic Violence Intervention Program $ 834 Johnson County Chapter, American Red Cross $ 257 Neighborhood Centers of Johnson County 965 TOTAL $2,433 The agencies have requested the funds available and have agreed to use them only to Increase their directors' salaries. Iowa City has taken a leadership role throughout this process. The original study was directed by Anne Carroll, who was then Iowa City's Human Relations Director, and Cheryl Mintle, who was then JCCOG's Human Services Coordinator. The City has contributed its share of salary adjustment funding in FY85 and FY90. The City's support will strengthen these agencies by reducing staff turnover, facilitating the recruitment of qualified directors, and improving staff morale. It is an important contribution to the quality of life in our community. tp3-6 8 I r i J� I rf,i o RESOLUTION NO. 89-195 RESOLUTION ACCEPTING THE WORK FOR THE BENTON STREET INTERCEPTOR SEWER PROJECT, WITH THE EXCEPTION OF LANDSCAPING IMPROVEMENTS DELETED THEREFROM AND INCLUDED IN A SUPPLEMENTAL CONTRACT. WHEREAS, Tschiggfrie Excavating of Dubuque, Iowa, has completed the construction of sanitary and storm sewer improvements and street improvements for the Benton Street Interceptor Sewer Project, as required by their contract with the City of Iowa City dated March 15, 1989, with the exception of landscaping improvements therein provided for; and WHEREAS, Tschiggfrie Excavating has requested payment for said project, including the retainage, less the contract amount for said landscaping improvements; and WHEREAS, Tschiggfrie Excavating has executed a Supplemental Contract in favor of the City agreeing to install and construct said landscaping improvements between September 15, 1989, i and March 15, 1990, when weather conditions will be more conducive to such work, for the original contract bid price for said work, $18,300; and WHEREAS, the Public Works Department has recommended that the sanitary and storm sewer improvements and the street improvements for said project be accepted, and that the landscaping improvements associated therewith be deleted for inclusion in a Supplemental Contract with Tschiggfrie Excavating. NOWT THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the improvements constructed for the Benton Street Interceptor Sewer Project be and the same are hereby accepted, with the exception of landscaping improvements associated therewith: AND BE IT FURTHER. RESOLVED that the Director of Finance be and is hereby authorized and directed to make final payment for said project, including the retainage thereon as required and provided by Chapter 573 of the Iowa Code, less the amount allocable to landscaping improvements, $18,300. It was moved by Balmer and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco --F Balmer X Courtney X Horowitz X Kubby _ X Larson X McDonald Passed and approved this 25th day of July , 19B9. ATTEST: t7%j 7eAA) CITY CLERK 0C OR AApoo Form Legal Department I ENGINEER'S REPORT July 19, 1989 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: CITY OF 10 WA CITY I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the City of Iowa City except for landscaping. Landscaping will be completed this fall under a supplemental contract. Benton Street Interceptor Sewer Project. The final contract'price excluding landscaping is $144,919.13. Of this amount, $245,000.00 was contributed by Community Development Block Grant funds and final EPA contribution is expected to be approximately ;$166,000.00.. I hereby recommend that the above -referenced improvements be accepted.by the City of Iowa City. Respectfully submitted, Richard A. Fosse, P.E. Projects Manager 110 LAST WASHINGTON STRCCT • IOWA CITY. IOWA S3360 • IS] 9) 356.5000 6 TAX IS 19) 356.SCOO /^ for c� IJ 1 ENGINEER'S REPORT July 19, 1989 Honorable Mayor and City Council Iowa City, Iowa Dear Honorable Mayor and Councilpersons: CITY OF 10 WA CITY I hereby certify that the construction of the improvements listed below has been completed in substantial accordance with the plans and specifications of the City of Iowa City except for landscaping. Landscaping will be completed this fall under a supplemental contract. Benton Street Interceptor Sewer Project. The final contract'price excluding landscaping is $144,919.13. Of this amount, $245,000.00 was contributed by Community Development Block Grant funds and final EPA contribution is expected to be approximately ;$166,000.00.. I hereby recommend that the above -referenced improvements be accepted.by the City of Iowa City. Respectfully submitted, Richard A. Fosse, P.E. Projects Manager 110 LAST WASHINGTON STRCCT • IOWA CITY. IOWA S3360 • IS] 9) 356.5000 6 TAX IS 19) 356.SCOO /^ for c� RESOLUTION NO. 89-196 RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SUPPLEMENTAL CONTRACT WITH TSCHIGGFRIE EXCAVATING OF DUBUQUE, IOWA, FOR THE LANDSCAPING OF THE BENTON STREET INTERCEPTOR SEWER PROJECT. WHEREAS, the Benton Street Interceptor Sewer Project is substantially complete except for landscaping, and WHEREAS, landscaping activities are better suited for fall construction, and WHEREAS, the Contractor desires to receive the five percent retainage for pavement and sewer construction prior to fall completion of landscaping. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the supplemental contract for the landscaping of the Benton Street Interceptor Sewer Project by and between the City of Iowa City and Tschiggfrie Excavating, attached hereto and made a part hereof, be and the same 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 supplemental contract for and on behalf of the City of Iowa City, Iowa. It was moved by RRImer 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 Passed and approved this 25th day of July 1989. OR Ap o'ed a t Form ATTEST: CI CLERK Legal Department i I'. ;I Form 83D432 `01 Txµ, LSUPPLEMENTAL CONTRACT Sewer Construction COUNTY Johnson KINDOFWORK !!! l Nee isopia Imllad of pialeol C1g0830 06 PROJECT Benton St. Interceptor Sewer CONTRACT NO. THIS SUPPLEMENTAL AGREEMENT, entered Inlo by and between the - - City of Iowa City - and Tschiggfrie Excavating of DUbUq Ue, IOWA herolnellercalled'Conlraclor'. - WITNESSETH: That the parties to this supplemental aZreemenl have entered into a prior agreement on the 15th dayol March ,1989 ,which agreement, and all the terms and conditions therein, not heretofore performed, are by reference Incorporated herein. That pursuant to the Code of Iowa, the second party has made a request for payment after the completion of at least ninety live percent (95%) under the original contract. The bondsman has consented that the contractor's bond flied In support of the original contract will remain In full force and effect. Both the said Request and Bondsman's Consent are by reference incorporated herein as though fully set out Eighteen thousand three hundred Thattheconteclorinconslderallonof .. _. .,Dollars. (S - 18,300.00 1 payable as set forth under the terms of the original contract and specifications, constituting part of this contract, A. does herebyrap ee to complete the fallowing work in accordance with the plans and specifications and the original contract' .� ITEM NO. ITEM QUANTITY & UNIT UNIT PRICE AMOUNT ' .. 4L. Erosion Control Fabric 100 s.y. $3.00 $ 300.00 10 Sodding 3600 s.y. 3.25 11,700.00 11 Seeding 3500 S.Y. 1.80 6.300.00 Total $18,300.00 I , Thalitisfurtheropreod by the parties to this supplemenlel co tract that the above work shall be commenced on or before the (approximate V7 damages, If anyA w,i.11 under or) specified �day of SEPT 19 and the amount of liquidated �ba_d1e'lormined /Y•+! �r the 18"40f theorl9lnei contact end byconsiderinOlhleaupplemenlal con tract and original contract dated contract. 19-2-L_1 as one • IN WITNESS WHEREOF the parties hereto have-i� thelr hands for the purposes hereln expressed to this and three other Inslrunropts of like tenor,es of the 14 dayol `-'VL_' C,IT OF_I WA CITY TSCH G I EX V IN2 I By l/ BY - T By TITLE M FORM / / ATTEST: LEGAL DEPARTMENT Crt C er: i I� ■ RESOLUTION NO. 89-197 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1990 FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective June 24, 1989: City Manager - $71,988.80 City Attorney - $59,987.20 City Clerk - $33,716.80 It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco x Balmer x Courtney x Horowitz x Kubby x Larson x McDonald Passed and approved this 25th day of July , 1989. OR App ed orm ATTEST: Nc-x"_,J -e. -eQ.xi 7�3/ii7 , CITY,CLER ega De artment i i i I RESOLUTION NO. 89-197 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1990 FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK. WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel; and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for services as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective June 24, 1989: City Manager - $71,988.80 City Attorney - $59,987.20 City Clerk - $33,716.80 It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon ro call there were: AYES: NAYS: ABSENT: X Ambrisco x Balmer x Courtney x Horowitz x Kubby x Larson x McDonald Passed and approved this 25th day of July , 1989. OR App ed orm ATTEST: Nc-x"_,J -e. -eQ.xi 7�3/ii7 , CITY,CLER ega De artment i J it ':� City of Iowa City, Iowa, July 25, 1989 The City Council of Iowa City, Iowa, met on the above date in the Council Chambers, City Hall in Iowa City, Iowa at 7:30 p.m., in open regular session, pursuant to law and the rules of said City Council. The meeting was called to order by A. John McDonald, Mayor, presiding, and on roll call the following members of the City Council were present: -1- 0 Matters were discussed relative to final authorization and i issuance of $5,000,000 in aggregate principal amount of the City's Industrial Development Revenue Bonds (Michael Development of Iowa 9 L.P. Project) Series 1989. Following an explanation of the proposed Project by representatives of the Borrower and a discussion of the proposal, Council Member proposed the following Resolution in written form and moved its adoption. Council Memberseconded the motion to adopt. After due consideration of said motion, the roll was called and the I ' Resolution adopted by the following vote: _.. . : AYES: Ij H ' f r1 NAYS: t li: The Resolution was thereupon signed by the Mayor and, in evidence of such officer's approval, was attested by the city Clerk, and was declared to be effective. The Resolution is as follows: RESOLUTION NO. RESOLUTION AUTHORIZING THE ISSUANCE OF $5,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA L.P. PROJECT) OF THE CITY OF IOWA CITY, IOWA, FOR THE PURPOSE OF MAKING A LOAN TO ASSIST MICHAEL DEVELOPMENT OF IOWA L.P. IN THE FINANCING OF COSTS OF A "PROJECT" WITHIN THE MEANING OF CHAPTER 419, CODE OF IOWA; AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN FINANCING DOCUMENTS PERTAINING TO THE PROJECT; AUTHORIZING AN ASSIGNMENT OF CERTAIN FINANCING DOCUMENTS FOR FURTHER SECURING THE PAYMENT OF THE BOND; AUTHORIZING THE SALE OF SAID BONDS; AUTHORIZING THE APPOINTMENT OF A TRUSTEE; AND RELATED MATTERS. WHEREAS, the City of Iowa City, Iowa, a municipal corporation duly organized and existing under and by virtue of the Constitution and laws of the State of Iowa (the "Issuer") proposes to issue its Industrial Development Revenue Bonds (Michael Development of Iowa L.P. Project) Series 1989, in the aggregate principal amount of $5,000,000 (the "Bond"), with the proceeds from the sale of the Bond to be loaned by the Issuer to Michael Development of Iowa L.P., an Iowa limited partnership (the "Borrower"), for the purpose of defraying all or a portion of the cost of acquiring land and constructing a facility thereon to be leased for use in the manufacture of seamless cans (the "Project"), the Project to be owned by the Borrower, with the financing of the Project to be undertaken in accordance with the provisions of Chapter 419 of the Code of Iowa (the "Act"); and WHEREAS, the Bond is to be issued pursuant to provisions of an Indenture of Trust (the "Indenture") dated as of July 1, 1989, between the Issuer and Bankers Trust Company, Des Moines, Iowa, as Trustee thereunder (the "Trustee") and; WHEREAS, the proceeds from the sale of the Bond are to be loaned by the Issuer to the Borrower pursuant to provisions of a Loan Agreement (the "Loan Agreement") dated as of July 1, 1989, between the Issuer and the Borrower; and WHEREAS, as additional security for payment of the Bond, the Borrower has agreed to execute a Real Estate Mortgage (the "Mortgage") dated as of July 1, 1989, between the Borrower, as the mortgagor, and the Trustee, as the mortgagee, thereunder, pursuant to which the Borrower grants and conveys to the Trustee a mortgage lien in the real estate described in the Mortgage, subject to Permitted Encumbrances, as defined in the Loan Agreement (collectively, the Financing Documents); and WHEREAS, the rights and interest of the Issuer in and to the Financing Documents will be assigned by the Issuer to the Trustee pursuant to the Indenture; and -3- I' '1 n. 't. 1.. 9 ■ : k/- WHEREAS, pursuant to published notice of intention this City Council has conducted a public hearing, as required by of the Act and Section 14 7 f of the Internal Section 419.9 ( ) Revenue Code of 1986, as amended (the "Code"), and this City Council has deemed it to be in the best interests of the Issuer that the Bond be issued as proposed; and WHEREAS, the Issuer has arranged for the sale of the Bond to Piper, Jaffray & Hopwood Incorporated, Minneapolis, Minnesota (the I. "Original Purchaser"); and i WHEREAS, there has been presented to this meeting the S following documents, which the Issuer proposes to enter into: 1. The form of Loan Agreement between the Issuer and the j. Borrower; and 2. The form of Indenture between the Issuer and the Trustee setting forth the terms of the Bond including (without limitation) the maturity date or dates, rate or rates of interest and redemption provisions, and the conditions and security for payment of the Bond; and I, 3. The form of Bond Purchase Agreement dated July 25, 1989 (the "Bond Purchase Agreement"), by and among the Original Purchaser, the Borrower and the Issuer relating to the issuance, sale and purchase of the Bond; and 4. The form of the Mortgage from the Borrower to the l Trustee; and 5. The form of the Bond, as set forth in the Indenture. 1' WHEREAS, it appears that each of the instruments above referred to, which are now before each of the members of the City Council, is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, Be It Resolved by the City Council of the �!!! Issuer, as follows: Section 1. That the Issuer defray all or a portion of the cost of acquiring, constructing, improving and equipping the Project by issuing the Bond and loaning the proceeds of the sale of the Bond to the Borrower. Section 2. That in order to defray the cost of the Project, the issuance of the Bond in the aggregate principal amount of $5,000,000, maturing on such date or dates, in such amount or amounts and bearing rate or rates of interest as set forth in the Indenture, in substantially the form and content set forth in the Indenture now before this meeting, subject to appropriate insertion and revision in order to comply with provisions of the Indenture, be and the same hereby are in all respects authorized, i -4- i i i approved and confirmed, and the form and content of the Bond set forth in the Indenture now before this meeting be and the same hereby are in all respects authorized, approved, ratified and confirmed, and the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, whether by manual or facsimile signatures, impress the official seal of the Issuer (or cause to have printed a facsimile thereof) thereon and deliver for and on behalf of the Issuer the Bond to the Trustee for authentication and the Trustee is hereby authorized and directed to authenticate the Bond, and the provisions of the Indenture with respect to the Bond (including without limitation the maturity date or dates, rate or rates of interest and redemption provisions) be and the same hereby are authorized, approved and confirmed and are incorporated herein by reference. Section 3. That the Issuer loan to the Borrower the proceeds from the sale of the Bond pursuant to the Loan Agreement, which provides for repayment by Borrower of such loan in an amount equal to principal of, premium, if any, and interest on the Bond when and as due, and the form and content of the Loan Agreement, the provisions of which are incorporated herein by reference, be and the same hereby are in all respects authorized, approved and confirmed and the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Loan Agreement prior to or simultaneously with the issuance of the Bond for and on behalf of the Issuer, including necessary counterparts in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Loan Agreement now before this meeting, and that from and after the execution and delivery of the Loan Agreement, the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Loan Agreement as executed. Section 4. That Bankers Trust Company, Des Moines, Iowa, is hereby appointed Trustee under the Indenture and the form and content of the Indenture, the provisions of which are incorporated herein by reference, and the assignment of the Issuer's rights and interest in and to the Loan Agreement (with certain exceptions as stated in the Indenture), be and the same hereby are in all respects authorized, approved and confirmed, and the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk be and they hereby are authorized, empowered and directed to execute, attest, seal and deliver the Indenture for and on behalf of the Issuer to the Trustee for the security of the Bond and the interest thereon, including necessary counterparts in substantially the form and content now before this meeting but with such changes, -5- /3o/ �I I� is 3 modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the execution and delivery of the Indenture, the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture as executed. Section 5. That the sale of the Bonds to the Original Purchaser subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor or Mayor Pro Tem be, and hereby is, authorized, empowered and directed to execute and deliver to the Original Purchaser the Bond Purchase Agreement for and on behalf of the Issuer, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement. Section 6. That the use by the Underwriter of the Official Statement in connection with the sale of the Bond is hereby authorized and approved; provided such authorization and approval shall not be deemed to include authorization and approval of information contained in the Official Statement, but nothing contained in this Resolution shall be construed as prohibiting or limiting the Underwriter and the Borrower from including such information as they deem appropriate. Section 7. That the Issuer hereby elects to have the provisions as to the exempt small business limitation of $10,000,000 under Section 144(a)(4)(A) of the code, apply to the Bond, and the Mayor or Mayor Pro Tem or the City Clerk or Deputy City Clerk are hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service. Section 8. That the Mayor or Mayor Pro Tem and the City Clerk or Deputy city Clerk of the Issuer be and they hereby are authorized to execute and deliver for and on behalf of the issuer any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Financing Documents, the -6- i C I l .i VI I I I I ,1 1 modifications, additions and deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all changes, modifications, additions or deletions therein from the form and content of the Indenture now before this meeting, and that from and after the execution and delivery of the Indenture, the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture as executed. Section 5. That the sale of the Bonds to the Original Purchaser subject to the terms and conditions set forth in the Bond Purchase Agreement, is hereby authorized, approved and confirmed, and that the form and content of the Bond Purchase Agreement be and the same hereby are, authorized, approved and confirmed and the Mayor or Mayor Pro Tem be, and hereby is, authorized, empowered and directed to execute and deliver to the Original Purchaser the Bond Purchase Agreement for and on behalf of the Issuer, including necessary counterparts in the form and content now before this meeting, and that from and after the execution and delivery of the Bond Purchase Agreement, the Mayor or Mayor Pro Tem and the City Clerk or Deputy City Clerk are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Bond Purchase Agreement. Section 6. That the use by the Underwriter of the Official Statement in connection with the sale of the Bond is hereby authorized and approved; provided such authorization and approval shall not be deemed to include authorization and approval of information contained in the Official Statement, but nothing contained in this Resolution shall be construed as prohibiting or limiting the Underwriter and the Borrower from including such information as they deem appropriate. Section 7. That the Issuer hereby elects to have the provisions as to the exempt small business limitation of $10,000,000 under Section 144(a)(4)(A) of the code, apply to the Bond, and the Mayor or Mayor Pro Tem or the City Clerk or Deputy City Clerk are hereby directed to file or cause to be filed an appropriate statement relating to such election with the Internal Revenue Service. Section 8. That the Mayor or Mayor Pro Tem and the City Clerk or Deputy city Clerk of the Issuer be and they hereby are authorized to execute and deliver for and on behalf of the issuer any and all additional certificates, documents, opinions or other papers and perform all other acts (including without limitation the filing of any financing statements or any other documents to create and maintain a security interest on the properties and revenues pledged or assigned under the Financing Documents, the -6- i C I l .i VI ,1 I t execution of an Investment Restriction Agreement, dated as of July 1, 1989, by and among the Issuer, the Borrower and the Trustee, and the execution of all closing documents asmay be required by Ahlers, Cooney, Dorweiler, Haynie, Smith & A].lbee, as Bond Counsel, and the acceptance of any documentation evidencing indemnification of the Issuer by Borrower in connection with the transactions contemplated hereby) as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 9. That the Loan Agreement requires the Borrower in each year to pay amounts as Loan Payments sufficient to pay the principal of, premium, if any, and interest on the Bond when and as due, and the payment of such amounts by the Borrower to the Trustee pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section 10. That the Bond is a limited obligation of the Issuer, payable solely out of the Loan Payments required to be paid by Borrower pursuant to and in accordance with provisions of the Loan Agreement and as provided in the Indenture, and is secured pursuant to and in accordance with provisions of the Financing Documents. The Bond and interest thereon shall never constitute an indebtedness of the Issuer, within the meaning of any state constitutional provision or statutory limitation, and shall not give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Section 11. That the provisions of this Resolution are hereby to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 12. All Resolutions and orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved July 25, 1989. City of Iowa City, Iowa (Seal) Attest: Marian K. Karr, City Clerk A. John McDonald, Mayor -7- i'. I! ; � I:a f i a ( CERTIFICATE I, Marian K. Karr, being first duly sworn do hereby depose and certify that I am the duly appointed and qualified City Clerk of the City of Iowa City, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of the Issuer and of its city Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; that said transcript hereto attached is a true, correct and complete copy of all the corporate records showing the action taken by the City Council of the Issuer at a meeting open to the public on July 25, 1989, for the purpose of considering a Resolution authorizing the issuance of $5,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Michael Development of Iowa L.P. Project) Series 1989, of the Issuer, the execution and delivery of certain Financing Documents pertaining to the Project, the Assignment of certain Financing Documents for further securing the payment of the Bond, the sale of said Bond, appointment of a Trustee and related matters; that said proceedings remain in full force and effect and have not been amended or rescinded in any way; that said meeting and all action thereat was duly and publicly held, with members of the public in attendance, in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the City Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the City Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the City Council and the provisions of Chapter 21, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my hand and the Corporate Seal of said Issuer hereto affixed this day of . 1989• (SEAL) Marian K. Karr, City Clerk State of Iowa ) SS.: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. Notary Public in and for the (SEAL) State of Iowa -8- . I I, J f, t t i �. 1 f, t t i �. 1 �. 1 Posted: 7/21/89 3:30 P.M.G.H. Removed: 7/26/89 8:15 a.m. G.H. (This Notice to be Posted) NOTICE AND CALL OF MEETING Governmental Body: The City Council of the City of Iowa City, Iowa Date of Meeting: July 25, 1989 I. Time of Meeting: 7:30 p.m. Place of Meeting: Council Chambers City Hall Iowa City, Iowa _ I PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned ! ' governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Resolution Authorizing The Issuance of $5,000,000, _industrial Development Revenue Bonds (Michael Development of Iowa L. P. Project) of the City of Iowa City, Iowa, for the Purpose of Making a Loan to Assist Michael Development of Iowa L.P. in the Financing of Costs of a "Project" Within the Meaning of Chapter -419,.Code of Iowa; Authorizing the Execution and Delivery of Certain Financing Documents Pertaining to the Project; Authorizing an Assignment of Certain Financing Documents for Further Securing I the Payment of the Bond; ?authorizing the Sale of Said Bonds; Authorizing the Appointment of'a Trustee; and Related Matters.- r, 2. Such additional matters as are set forth on the additional page(s) attached hereto (attach copy of agenda) This notice is given at the direction of the Mayor, pursuant to Chapter 21, Iowa Code, as amended, and the local rules of said . governmental body. Marin X. Karr, City Clerk of the City of Iowa City, Iowa isor r I r i i i i This notice is given at the direction of the Mayor, pursuant to Chapter 21, Iowa Code, as amended, and the local rules of said . governmental body. Marin X. Karr, City Clerk of the City of Iowa City, Iowa isor