HomeMy WebLinkAbout1989-08-22 ResolutionU
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RESOLUTION N0. 89-205
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IO{VA, that a Dancing
Permit as provided by law is hereby granted to the following named person
and at the having endorsed thereonsthe bcerted ificates ocations f the on 1proper ncity fficialsoas
to having complied with all regulations and ordinances, and having a valid
beer, liquor, or wine license/permit, to wit:
Loyal Order of Moose Lodge #1096
Holiday Inn -Iowa City
It was moved by Ambrisco and seconded b
that the Resolution as rea e a opte ,and upon roll call eT—
Passed and approved this 22nd day of August19 89 .
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or
Attest: ky"maid-o 411J J
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City clerk
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AYES:" NAYS: ABSENT:
Ambrisc-- o
X
Balmer
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X
Courtney
X
Horowitz
—_
X
Kubby
X
Larson
x_
McDonald—�_
X
Passed and approved this 22nd day of August19 89 .
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or
Attest: ky"maid-o 411J J
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City clerk
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RESOLUTION ,NO, 89-206
RESOLUTION TO ISSUE CIGARETTE PERMITS
IMEREAS, the following firms and persons have made application
and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY TILE CITY COUNCIL OF IOIVA CITY, IOWA, that the
applications be granted and the City Clerk be and he/she is hereby
directed to issue a permit to the following named persons and firms to
sell cigarette papers and cigarettes:
Comer's, Inc.
It was moved by Ambrisco and seconded by Balmer
that the Resolution as rea e a opte , and upon roll call t erre.
AYES: NAYS: ABSENT:
Ambrisco x
Balmer g
Courtney X
Horowitz X
Kubby g
Larson g
McDonald g
Passed and approved this 22nd day of August 1989
Attest:
Ci Clerk
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---" "----
•.•^^ ^ni.n n..n
MEGF.IPTS
OISBURSFMENTB
"-v
BALANCE
INVESTMENT
BALANCE
CHECKING A
/CGENERAL
•
I
'DEBT SERVILE
316.786.65
2,029.273.30
-77,759.102,'45.530.03
3r144r753.90
BALANCE[1,103,798.08
-599.205.83
J
340,989.33
41,236.87
8-915.00
„I
CAPITAL, PROJECTS
11.636x737.10
1,686,546.54
3,451.858.84
•00
373.711.10
773.311.10
.00
.,
ENTERPRISE
13,933,333.39
-578,337.67
12,309.507.43
12,309,507.43
•00
�.%
^
TRUST 3 AGENCY
10.387.220.01
11391-489.05
3-544,294.43Y:N
.9H1. 11
12r 713, 571.67
12. 71L 579.63
.00
INTRAGDV• SERVICE
163,193.78
116.171.62
-73.118.91
IH,3301559.86
18,530.539.86
SPECIAL ASSESSMENT
2,498,979.63
237.237.08
131,382.06
9,921.87
2,591,376.52
2,391,376.32
•00
'
SPECIAL
197,719.76
30.897.21
15.11
.00
236,601.36
236,601.36
•00
'
REVENUE
-
4,107,392.1?----
215-----
232,372.35
131190.33
2,084,924.63
1.084,924.63
,00
V
.,..SUBTOTAL---
9991___________________1999
-33,427,812.19
---177-3_-_8999_-__-9999__-991999-_
4,530, -----
_________________________999199919991__-_______-__1999__
9,307,908.23
.00
30-390. 566.00
50.989,771.97
00
--5971 __
_
(✓
LEASED HOUSING
177,333.89
200,469.49
161,928.00 _--------..0011--215-897.30
-1121--75
-597,205.85
PUBLIC HOUSING
113.343.24
10,227.45
.UO
213,897.78
,216,753
835 81
--------------------------------------------------
.1.002.81
.00
122,567.08
122,366 BB
1 00
r
SUBTOTAL
290,699.I3210-696.91
162,930.81
-__--------��-�---
1111
--
-------9_139___-1019_-_94__--16---_---1199-_
.00
________________________
338,465.26
339,320 10
854.114
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GRAND TOTAL
--__
_-____ ______
l f
-B.
32
.........1....� ,761,359.06 9.730,839.04............
............• ...................................2...................600,060.69'�'..
..........
.00
30,729,031.31 ,1,329,092.03
CHECKING ACCOUNT BALANCES ARE INTEREST BEARING
.
ACCOUNTS
VITH THE
EXCEPTION OF
PAYROLL
_ 991.1
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RESOLUTION NO. 89-207
RESOLUTION APPROVING AWARD OF CONTRACT AND AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF
STATE HIGHWAY NO. 1 AT INTERSTATE 80
PAVING IMPROVEMENT PROJECT IR -80-7(56)246--12-52
WHEREAS, Metro Pavers, Inc. of Iowa City, Iowa has submitted the best bid of
$1,045,317.86 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That the contract for the construction of the above-named project is
hereby awarded to Metro Pavers, Inc, of Iowa City, Iowa subject to the
condition that awardee secure adequate performance bond, and insurance
certificates, and subject to Federal Highway Administration
concurrence.
2. That the Mayor is hereby authorized to sign and the City Clerk to
attest the contract for the construction of the above-named project,
subject to the condition that awardee secure adequate performance bond
and insurance certificates, and subject to Federal Highway
Administration concurrence.
It was moved by Balmer and seconded by Ambrisco
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
x_ Balmer
x Courtney
x Horowitz
X Kubby
X Larson
_ McDonald
Passed and approved this 22nd day of August, 1989.
v
,/ MAYOR
ATTEST: �1 A,:t. 7S. 7{ow✓ APPRO AS TO OR
CITr CLERK q
"?/o
Legal Department
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City of Iowa City, Iowa, August 22, 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.
"I 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:
' Ambrisco, Balmer, Courtney,
Horowitz, Kubby, Larson, McDonald.
t
Absent:
�= t
Matters were discussed relative to final authorization and
issuance of $5,000,00o in aggregate principal amount of the City's
Industrial Development Revenue Bonds (Michael Development of Iowa
Limited Partnership Project) Series 1989. Following an
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explanation of the proposed Project by representatives of the
Borrower and a discussion of the proposal, Council Member Ambrisco
proposed the following Resolution in written form and moved its
adoption. Council Member Balmer seconded the motion to adopt.
After due consideration of said motion, the roll was called and
the Resolution adopted by the following vote:
AYES: Horowitz, Kubby, Larson,
McDonald, Ambrisco, Balmer,
Courtney.
NAYS: None.
ABSENT: None.
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:
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RESOLUTION N0. 89-208
RESOLUTION AUTHORIZING THE ISSUANCE OF $5,000,000 INDUSTRIAL
DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA
LIMITED PARTNERSHIP PROJECT) OF THE CITY OF IOWA CITY, IOWA,
FOR THE PURPOSE OF MAKING A LOAN TO ASSIST MICHAEL
DEVELOPMENT OF IOWA LIMITED PARTNERSHIP 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 Limited Partnership 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 Limited Partnership, a Minnesota
limited partnership (the "Borrower"), for the purpose of defraying i
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 August 1, 1989,
between the Issuer and Bankers Trust Company, Dee 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 August 1, 19891
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 August 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
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WHEREAS, pursuant to published notice of intention this
City Council has conducted a public hearing, as required by
Section 419.9 of the Act and Section 147(f) of the Internal
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
"Underwriter"); and
WHEREAS, there has been presented to this meeting the
following documents, which the Issuer proposes to enter into:
1. The form of Loan Agreement between the Issuer and the
Borrower; and
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2. The form of Indenture between the Issuer and the Trustee
setting forth the terms of the Bond including (without limitation) i
the maturity date or dates, rate or rates of interest and
redemption provisions, and the conditions and security for payment
of the Bond; and "
3. The form of Bond Purchase Agreement (the "Bond Purchase
Agreement"), by and among the Underwriter, the Borrower and the I ;�
Issuer relating to the issuance, sale and purchase of the Bond;
and f�..
4. The form of the Mortgage from the Borrower to the �I
Trustee;
5. The form of the Bond, as set forth in the Indenture; and (i
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6. The Preliminary Official Statement and the final
Official Statement (collectively, the "Official Statement") used
by the Underwriter in connection with the offer and sale of the j
Bond. ! 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
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amounts and bearing rate or rates of interest as shall be set
forth in the Indenture with such rate or rates of interest
approved, confirmed and certified by the Mayor or Mayor Pro Tem at
a rate or rates not to exceed twelve percent (12%) per annum and
approved as to amount, 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, 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,
j 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
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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, modifi-
cations, 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 Underwriter
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 Underwriter 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.
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Section S. 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
execution of an Investment Restriction Agreement, dated as of
August 1, 1969, by and among the Issuer, the Borrower and the
Trustee, and the execution of all closing documents as may be
required by Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, 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.
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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 August 22, 1989.
RM
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE OF $5,000,000 INDUSTRIAL
DEVELOPMENT REVENUE BONDS (MICHAEL DEVELOPMENT OF IOWA
LIMITED PARTNERSHIP PROJECT) OF THE CITY OF IOWA CITY, IOWA,
FOR THS PURPOSE OF MAKING A IRAN TO ASSIST MICHAEL
DEVELOPENT OF IOWA LIMITED PARTNERSHIP IN THE FINANCING OF
COSTS 0 A "PROJECT" WITHIN THE MEANING OF CHAPTER 419, CODE
OF IOWA; UTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN
FINANCING OCUMENTS PERTAINING TO THE PROJECT; AUTHORIZING
AN ASSIGNM T OF CERTAIN FINANCING DOCUMEN FOR FURTHER
SECURING TH PAYMENT OF THE BOND; AUTHOR ING THE SALE OF
SAID BONDS; A HORIZING THE APPOINTMEN OF A TRUSTEE; AND
RELATED MATTER .
WHEREAS, the City of Iowa City, Iow , a municipal
corporation duly organized and existing nder and by virtue of the
Constitution and laws of\the State of wa (the "Issuer") proposes
to issue its Industrial Dkvelo
Development of Iowa Limitea Pa
the aggregate principal amo
the proceeds from the sale o
to Michael Development of.Io
limited partnership (the "Bor
all or a portion of the cost
facility thereon to be leased
seamless cans (the "Project"),
Borrower, with the financing
accordance with the provisio
(the "Act"); and
pment Re enue Bonds (Michael
rtnersh'p Project) Series 1989, in
t of $5 000,000 (the "Bond"), with
thB d to be loaned by the Issuer
Limi ed Partnership, an Iowa
r wer ), for the purpose of defraying
o a quiring land and constructing a
It use in the manufacture of
Project to be owned by the
o t e Project to be undertaken in
of hapter 419 of the Code of Iowa
WHEREAS, the Bonto be Issu d pursuant to provisions of
an Indenture of Trust (t a "Indenture" dated as of August 1, 1989,
between the Issuer and ankers Trust Co pany, Des Moines, Iowa, as
Trustee thereunder (tYy "Trustee") and;
WHEREAS, the f/oceeds from the sale of the Bond are to be
loaned by the Issu to the Borrower pursu nt to provisions of a
Loan Agreement (t a "Loan Agreement") date as of August 1, 1989,
between the Issu r and the Borrower; and
WHEREAS, as additional security for pa ent of the Bond, the
Borrower has greed to execute a Real Estate rtgage (the
"Mortgage") ated as of August 1, 1989, bet wee the ::h
weursuantas he
mortgagor, nd the Trustee, as the mortgagee, t ereunder, p
to which t1e Borrower grants and conveys to the rustee a mortgage
lien in t e real estate described in the Mortgage subject to
permitted Encumbrances, as defined in the Loan Agr ement
(collectively, the Financing Documents); and
/HEREAS, the rights and interest of the Issuer in and to the
Financing Documents will be assigned by the Issuer to the Trustee
ours ant to the Indenture; and
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RESOLUTION NO. 89-209
RESOLUTION AUTHORIZING APPLICATIONS FOR 100 SECTIONS EXISTING
HOUSING UNITS (VOUCHERS OR CERTIFICATES) AND REQUESTING
FUNDS.
WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing
Authority and the Department of Housing and Urban Development has published a Notice of
Funding Availability; and
WHEREAS, the Iowa City Housing Authority presently has contracts with the Department of
Housing and Urban Development to administer the Section 8 Existing Housing Program
contract #KC9033 and #KC9033V and wishes to expand those programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CiTY, IOWA:
1. That the Mayor and City Clerk are hereby authorized and directed to respectively sign I
and attest said applications to the Department of Housing and Urban Development for
one hundred (100) Section 8 Existing Housing vouchers or certificates.
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_ 2. That said applications shall be requests for funds under the Section 8 Housing
Assistance Payments Plan for existing units (vouchers or certificates).
3. That the City Clerk is hereby authorized and directed to certify appropriate copies of
this resolution together with any necessary certifications as may be required by the ;
Department of Housing and Urban Development.
It was moved by Ambrisco and seconded by Kubby the Resolution be C
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
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X Balmer
X Courtney ( �.
X Horowitz i
X Kubby
X Larson
X McDonald
Passed and approved this 22nd day of August 1989.
ATTEST: 241 rte, 7e. 9��w r '
C-IRTIY'CCLERK
Approved as to Form
Legal Department
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RESOLUTION NO. 89-210
RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO
ANNUAL CONTRIBUTIONS CONTRACT KC•9033
WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority") proposes to enter
Into a revised contract (herein called the "Annual Contributions Contract") with the United
States of America (herein called the "Government") with respect to any "Project" as defined in
the Annual Contributions Contract and which at any time now or hereafter is incorporated
under the terms of such Contract.
BE IT RESOLVED BY THE LOCAL AUTHORITY as follows:
Section 1. Amendment No. 2 to Annual Contributions Contract KC -9033 In substantially the
form hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form
and substance and the Mayor or Mayor Pro tem is hereby authorized and directed to execute
said Contract in two copies on behalf of the Local Authority, and the City Clerk is hereby
authorized and directed to impress and attest the official seal of the Local Authority on each
such counterpart and to forward said executed counterparts, or any of them, to the
Government, together with such other documents evidencing the approval and authorizing the
execution thereof as may be required by the Government.
Section 2. Whenever the following terms, or any of them, are used in this Resolution, the
same, unless the context shall indicate another or different meaning or Intent, shall be
construed, and are Intended to have meanings as follows:
(1) The term "Resolution" shall mean this Resolution.
(2) All other terms used in this Resolution and which are defined in the revised Annual
Contributions Contract shall have the respective meanings ascribed thereto in the
revised Annual Contributions Contract.
Section 3. This Resolution shall take effect immediately.
It was moved by Balmer and seconded by Ambrisco the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
X
Balmer
X
Courtney
X
Horowitz
X
Kubby
_X
Larson
X
McDonald
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Resolution No. 89-210
Page 2
ATTEST:u.2 7S�
CIT$ CLERK
AJ5 1144
Legal Department
RESOLUTION NO. 89-211
RESOLUTION RATIFYING AND CONFIRMING PURCHASE OFFERS MADE BY THE CITY
MANAGER FOR THE ACQUISITION OF PERMANENT AND/OR TEMPORARY EASEMENTS
ON PARCEL NOS. SIRC 1.12, SIRC 1.14, SIRC 1.19, SIRC 1.24, SIRC
1.25, SIRC 2.03, SIRC 2.09, SIRC 2.11, SIRC 2.12, SIRC 2.13, AND
SIRC 2.19, ALL IN CONNECTION WITH THE SOUTHEAST INTERCEPTOR RALSTON
CREEK SEGMENT, PHASE 1 AND 2 SEWER CONSTRUCTION PROJECT.
WHEREAS, the City of Iowa City has undertaken a project to make major improve-
ments 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, pursuant to Resolution Nos. 89-78, 89-98, 89-137, 89-138, 89-139, and
89-172, this City Council has authorized the acquisition of permanent and
temporary easements and other property interests for said project at the
acquisition values therefore as determined by the City's appraisers; and
WHEREAS, the City has made offers for the acquisition of easements and property
interests for said project, many of which have been accepted and executed by the
affected property owners; and
WHEREAS, in some instances, property owners have requested clarification as to
the effect of the project on their properties, and/or a re-evaluation of
acquisition values in light of factors which the City's appraisers did not
consider or in light of erroneous assumptions concerning the effect of the
project; and
i WHEREAS, after further review of said acquisitions by the Project Coordinator,
the City's appraisers, the City's acquisition agents, and the City Attorney, the
purchase offers and easements for said parcels were revised; and
j WHEREAS, the City Manager executed said revised purchase offers and authorized
them to be sent to property owners, which offers are contingent on Council
approval thereof; and
WHEREAS, this City Council has been advised and does believe that the amendment
of the purchase offers and easements for said parcels, as indicated in Exhibit
A hereto, is fair and reasonable in light of the impact of the project on said
properties.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the purchase offers for the Parcels identified in the
heading hereof, revised as indicated in Exhibit A hereto and heretofore executed
and forwarded to property owners by the City Manager, be and the same are hereby
ratified and confirmed.
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Resolution No. 89-211
Page 2
AND BE IT FURTHER RESOLVED that given the need for immediate acquisition of said
ea�ementssoasnuttodeluytkeCity'��ewerconstruct1uncontractur and in
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� theeventsuideusementscannutbeacquiredonnrbeforeSeptemherlpursuunt
to the revised offers therefore, as per Exhibit A hereto, the City Attorney be
and is authorized and directed to immediately commence condemnation proceedings
� therefore,
ltwas moved by Ambrisco and seconded bv Balmer the
Resolution headopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Amhriscu
------ --'---- Balmer
�--�—~ -------Courtney
u -------Horowitz
-----_ -----~~
�~���~�~__Kubbv
�{_------Larnon
McDonald
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Parcel No. Name
SIRC 1.12 Memory Gardens
SIRC 1.14 Hoehnle/Allen
SIRC 1.19 Boorman
SIRC 1.24 Penick
SIRC 1.25 Gerleman
SIRC 2.03 Woodburn
SIRC 2.09 Our Redeemer
Lutheran Church
SIRC 2.11 Crow
SIRC 2.12 Daly
Exhibit A
Amount Amount
Last Offer Revised Offer
$11,320 $20,830
$2,720 $2,630
$3,860 $3,860
$165 $5,315
$4,180 $5,070
$1,655 $1,655
$4,400 $4,400
$7,455 $11,795
$6,050 $10,205.83
Revision
$9,510 additional for
damage to trees.
$90 decrease - original
appraisal included
valuation for trees
belonging to neighbor.
Additional $1,600 -
contingent on loss of two
pin oaks within two
years.
$5,150 additional -
original appraisal did
not include five trees
which will be removed.
$890 additional -
original appraisal did
not include fir tree
which will be removed.
Plus pro rata rent loss
at $700/mo. if construc-
tion takes longer than
four weeks.
City agreeing to maintain
creek banks on Church
property if upstream
improvements cause
erosion on Church
property.
$4,340 additional - (a)
original appraisal did
not include all trees and
plants affected (+$580);
(b) additional $3,760
contingent upon loss of 2
ash trees within two
years.
$4,155.83 additional -
original appraisal did
not (a) include all trees
and plants affected and
(b) have proper calcula-
tion of damage for the
permanent easement.
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Parcel No. Name
SIRC 1.12 Memory Gardens
SIRC 1.14 Hoehnle/Allen
SIRC 1.19 Boorman
SIRC 1.24 Penick
SIRC 1.25 Gerleman
SIRC 2.03 Woodburn
SIRC 2.09 Our Redeemer
Lutheran Church
SIRC 2.11 Crow
SIRC 2.12 Daly
Exhibit A
Amount Amount
Last Offer Revised Offer
$11,320 $20,830
$2,720 $2,630
$3,860 $3,860
$165 $5,315
$4,180 $5,070
$1,655 $1,655
$4,400 $4,400
$7,455 $11,795
$6,050 $10,205.83
Revision
$9,510 additional for
damage to trees.
$90 decrease - original
appraisal included
valuation for trees
belonging to neighbor.
Additional $1,600 -
contingent on loss of two
pin oaks within two
years.
$5,150 additional -
original appraisal did
not include five trees
which will be removed.
$890 additional -
original appraisal did
not include fir tree
which will be removed.
Plus pro rata rent loss
at $700/mo. if construc-
tion takes longer than
four weeks.
City agreeing to maintain
creek banks on Church
property if upstream
improvements cause
erosion on Church
property.
$4,340 additional - (a)
original appraisal did
not include all trees and
plants affected (+$580);
(b) additional $3,760
contingent upon loss of 2
ash trees within two
years.
$4,155.83 additional -
original appraisal did
not (a) include all trees
and plants affected and
(b) have proper calcula-
tion of damage for the
permanent easement.
1
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2
Amount
Revised Offer
Revision
$1,935
$550 additional -
original appraisal did
not include all trees and
plants affected; plus
$125 to move fence.
$380
$160 additional - owner
being paid to move fence
in lieu of having
contractor install
temporary construction
fencing.
Parcel No.
Name
Memory Gardens
Hoehnle/Allen
Boorman
Penick
SIRC 1.25 Gerleman
Woodburn
Our Redeemer
Lutheran Church
Crow
Daly
Stier
Boyle
Exhibit A
Amount
Last Offer
$11,320
$2,720
$3,860
$165
$4,180
,655
$4,
$6,050
$1,260
$220
Amount
Revised Offer
$20,830
$2,630
$3,860
$5,315
$5,070
$1,655
4.400
$8,030
895.83
935
$380
Revision
$9,510 additional for
damage to trees.
$90 decrease - original
appraisal included
valuation for trees
belonging to neighbor.
Additional $1,600 -
contingent on loss of two
pin oaks within two
years.
$5,150 additional -
original appraisal did
not include five trees
which will be removed.
$890 additional -
original appraisal did
of include fir tree
hich will be removed.
Plus pro rata rent loss
at $700/mo. if construc-
tion takes longer than
four weeks.
City agreeing to maintain
creek banks on Church
property if upstream
improvements cause
erosion on Church
property.
$575 additional -
original appraisal did
not include all trees and
plants affected.
$3,405.83 additional -
original appraisal did
not include all trees and
plants affected.
$550 additional -
original appraisal did
not include all trees and
plants affected; plus
$125 to move fence.
$160 additional - owner
being paid to move fence
in lieu of having
contractor install
temporary construction
fencing. /�3S
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RESOLUTION NO. 89-212
RESOLUTION APPROVING SALARY OF FIRST ASSISTANT CITY ATTORNEY LINDA
NEWMAN GENTRY UNDER THE EXECUTIVE PAY PLAN.
WHEREAS, First Assistant City Attorney Linda Newman Gentry is employed at Grade
H, Step 8 of the City's Executive Pay Plan; and
WHEREAS, upon favorable review at the end of her first sixth months of
employment with the City, the City Attorney has recommended a step increase and
a cost -of -living adjustment in her salary.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the salary of First Assistant City Attorney Linda Newman
Gentry for FY1990 be and the same is hereby set in the amount of $46,268.
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
X Larson
X McDonald
Passed and approved this 22nd day of August 1989.
R
A r ed s o Form
ATTEST: y�
CIT CLERK Legal Department
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RESOLUTION NO. 89-212
RESOLUTION APPROVING SALARY OF FIRST ASSISTANT CITY ATTORNEY LINDA
NEWMAN GENTRY UNDER THE EXECUTIVE PAY PLAN.
WHEREAS, First Assistant City Attorney Linda Newman Gentry is employed at Grade
H, Step 8 of the City's Executive Pay Plan; and
WHEREAS, upon favorable review at the end of her first sixth months of
employment with the City, the City Attorney has recommended a step increase and
a cost -of -living adjustment in her salary.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, that the salary of First Assistant City Attorney Linda Newman
Gentry for FY1990 be and the same is hereby set in the amount of $46,268.
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
X Larson
X McDonald
Passed and approved this 22nd day of August 1989.
R
A r ed s o Form
ATTEST: y�
CIT CLERK Legal Department
i
RESOLUTION NO. 89-213
RESOLUTION AMENDING THE AUTHORIZED POSITIONS IN THE WATER DIVISION
OF THE PUBLIC WORKS DEPARTMENT.
WHEREAS, Resolution No. 89-50 adopted by the City Council on March 7, 1989,
establishing an operating budget for FY90, authorizes all permanent positions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
That the authorization of personnel in the Water Division of the Public Works
Department be amended as follows:
1. The deletion of one Meter Reader position, range 2.
2. The addition of one Maintenance Worker I position, grade 3.
It was moved by Balmer and seconded by Ambrisco the
Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
g Balmer
X Courtney
g Horowitz
X Kubby
g Larson
g McDonald
Passed and approved this 22nd day of August , 1989.
ATTEST:
CITY �%aMCLERK�i
OR
A p o as o Form
Legal Department
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